Libya’s Constitutional Drafting Assembly Violates the Libyan Political Agreement

(Author: Libyan Gazette Editorial Staff)

(Libya’s Constitutional Drafting Assembly)

On April 26, 2016 Libya’s Constitutional Drafting Assembly (CDA) sent its final constitution draft to the Tobruk-based House of Representatives (HoR).

It has been reported that the CDA did not abide by the Libyan Political Agreement (LPA) Article 51 which requires that it take the opinion of the HoR and the Supreme State Council (SSC) on the draft constitution upon the completion of the final draft and before it is sent for referendum. Sources online have also reported that the SSC has called on the CDA to respect its obligations in the LPA and formally send them a copy of the draft constitution.

According to the LPA the feedback of both bodies must be sent in writing to the Assembly within one month of them receiving the draft constitution before it is sent for referendum.

The LPA Article 52 requires that the work of the CDA shall continue until a date no later than March 24, 2016. In case the Assembly is not able to conclude its mission by that date, a committee consisting of five representatives from each of the HoR and the SSC with the participation of the Presidency Council of the Council of Ministers, shall be formed at a date that does not exceed two weeks of that date to deliberate regarding this matter. Therefore, the CDA is also in violation of Article 52 and its submission to the HoR is not consistent with the LPA procedures.

The constitutional referendum will be a major milestone for the country after four years of conflict post-revolution. The constitutional draft has received positive feedback; however, experts have criticized certain aspects of the document. The constitution has not been widely shared or discussed among the general Libyan public. The English version of the constitution draft has recently been issued.

Click here for a copy of the constitution: 20160419 Final CDA Draft

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