Preamble
The Revolutionary Command Council, in the name of the Arab people in Libya, who
pledged to restore their freedom, enjoy the wealth of their land, live in a
society in which every loyal citizen has the right to prosperity and
well-being, who are determined to break the restraints which impede their
growth and their development, who will stand with their brothers from all parts
of the Arab Nation in the struggle for the restoration of every inch of Arab
land desecrated by imperialism and for the elimination of all obstacles which
prevent Arab unity from the Gulf to the Ocean. In the name of the Libyan people
who believe that peace cannot be achieved without justice, who are conscious of
the importance of strengthening the ties which unite them with all the people
of the world who are struggling against imperialism; who understand fully that
the alliance of reaction and imperialism is responsible for their
underdevelopment despite the abundance of their natural resources, and for the
corruption which spread through the governmental apparatus; who are conscious
of their responsibility in the establishment of a national, democratic,
progressive, and unitary government.
In the name of the popular will, expressed on September 1 by the Armed Forces
who overthrew the monarchical regime and proclaimed the Libyan Arab Republic in
order to protect and strengthen the Revolution until it attains its objectives
of freedom, socialism, and unity.
The present Constitutional Proclamation is made to provide a basis for the
organization of the state during the phase of completion of the national and
democratic revolution, until a permanent constitution is prepared, defining the
objectives of the Revolution and outlining the future course.
Chapter I The State
Article 1 [Principles]
Libya is an Arab, democratic, and free republic in which sovereignty is vested
in the people. The Libyan people are part of the Arab nation. Their goal is
total Arab unity. The Libyan territory is a part of Africa. The name of the
country is the Libyan Arab Republic.
Article 2 [State
Religion, Language]
Islam is the religion of the State and Arabic is its official Language. The
state protects religious freedom in accordance with established customs.
Article 3 [Solidarity,
Family]
Social solidarity constitutes the foundation of national unity. The family,
based on religion, morality, and patriotism, is the foundation of society.
Article 4 [Work]
Work in the Libyan Arab Republic is a right, a duty, and an honor for every
able-bodied citizen. Public functions are the duty of those who are put in
charge of them. The goal of the state employees in discharging their duties is
to serve the people.
Article 5 [Equality]
All citizens are equal before the law.
Article 6 [Socialism]
The aim of the state is the realization of socialism through the application of
social justice which forbids any form of exploitation. The state endeavors,
through the edification of a socialist community, to achieve self-sufficiency
in production and equity in distribution. Its aim is to eliminate peacefully
the disparities between social classes and to attain a society of prosperity.
Its inspiration is its Arabic and Islamic heritage, humanitarian values and the
specific conditions of the Libyan society.
Article 7 [Economy]
The state will endeavor to liberate the national economy from dependence and
foreign influence, and to turn it into a productive national economy, based on
public ownership by the Libyan people and on private ownership by individual
citizens.
Article 8 [Property]
Public ownership is the basis of the development of society, of its growth and
of self-sufficiency in production. Private ownership, if it is
non-exploitative, is protected. Expropriation will take place only in
accordance with the law. Inheritance is a right which will be governed by the
Islamic Shari'a.
Article 9 [Planning]
The state will institute a system of national planning covering economic,
social, and cultural aspects. Cooperation between the private and public
sectors will be necessary for the achievement of the goals of economic
development.
Article 10 [No Titles]
The creation of honorary titles and civilian ranks is prohibited. All titles
granted to the members of the former dynasty and to followers are abolished.
Article 11 [Asylum]
The extradition of political refugees is prohibited.
Article 12 [Home]
The home is inviolable and shall not be entered or searched except under the
circumstances and conditions defined by the law.
Article 13 [Expression]
Freedom of Opinion is guaranteed within the limits of public interest and the
principles of the Revolution.
Article 14 [Education]
Education is a right and a duty for all Libyans. It is compulsory until the end
of the primary school. The State guarantees this right through the
establishment of schools, institutes, and universities, and of pedagogical and
cultural institutions in which education is free. The creation of private
schools will also be regulated by law. The State is particularly anxious to
enhance the physical, intellectual, and moral development of the youth.
Article 15 [Health]
Health care is a right guaranteed by the State through the creation of
hospitals and health establishments in accordance with the law.
Article 16 [Defense]
Defense of the homeland is a sacred duty. Military service is an honor for the
Libyan people.
Article 17 [Taxation]
No tax will be imposed, modified, or cancelled and no one will be exempted from
paying taxes except in accordance with the law.
Chapter II System of
Government
Article 18 [Revolutionary
Command Council]
The Revolutionary Command Council constitutes the supreme authority in the
Libyan Arab Republic. It will exercise the powers attached to national
sovereignty, promulgate laws and decrees, decide in the name of the people the
general policy of the State, and make all decisions it deems necessary for the
protection of the Revolution and the regime.
Article 19 [President,
Council of Ministers]
(1) The Revolutionary Command Council appoints the President and the Council of
Ministers. It may appoint deputies for the Prime Minister and Ministers without
portfolio. It may discharge the Premier and Ministers and accept their
resignation. But the resignation of the Premier carries with it the resignation
of all Ministers.
(2) The Council of Ministers insures the execution of the general policy of the
State in accordance with the decisions of the Revolutionary Command Council.
(3) The Council of Ministers is collectively responsible before the
Revolutionary Command Council. Each Minister is responsible for his department
before the Prime Minister.
Article 20
[Promulgation]
The Council of Ministers shall study and prepare all projects of law within the
framework of the general policy outlined by the Revolutionary Command Council.
It will then forward the proposed texts to the Revolutionary Command Council
for consideration and promulgation.
Article 21 [Budget]
Matters relative to the general budget of the State are instituted by law and
those concerning the final accounts are subject to ratification by the
Revolutionary Command Council.
Article 22 [Joint
Meetings]
The Revolutionary Command Council may, at the request of its President or two
of its members, hold a joint meeting with the Council of Ministers.
Article 23 [War]
The Revolutionary Command Council shall declare war, conclude and ratify
treaties and agreements, unless it authorizes the Council of Ministers to do
so.
Article 24 [Martial Law]
The Revolutionary Command Council shall make decisions concerning martial law
or the state of emergency whenever there is a threat to the internal or
external security of the State and whenever the Revolutionary Command Council
deems it necessary for the protection and defense of the Revolution.
Article 25 [Emergency]
The Revolutionary Command Council shall make decisions concerning martial law
or the state of emergency whenever there is a threat to the internal or
external security of the State and whenever the Revolutionary Command Council
deems it necessary for the protection and defense of the Revolution.
Article 26 [Armed
Forces]
The State alone is empowered to establish the Armed Forces who shall protect
the people and insure the security of the country, its republican system, and
national unity.
Article 27 [Judiciary]
The aim of judicial decisions shall be the protection of the principles of the
community and the rights, dignity, and freedom of individuals.
Article 28 [Judges]
Judges shall be independent. In the exercise of their functions, they shall be
free from any authority except that of the law and their conscience.
Article 29 [Verdicts]
Verdicts are pronounced and executed in the name of the people.
Article 30 [Recourse]
Everyone has the right to resort to the Courts in accordance with the law.
Article 31 [Criminal
Justice]
(a) Crime and penalty are only determined by law.
(b) The penalty is personal.
(c) The defendant shall be presumed innocent until proven guilty. All necessary
guarantees for the exercise of his defense shall be provided. The accused or
imprisoned shall not be subjected to mental or physical harm.
Chapter III
Miscellaneous and Transitory Provisions
Article 33 [Old
Constitution]
The Constitution of 7 Oct 1951, its amendments, and all related consequences
are annulled.
Article 34 [Old Law]
All existing provisions of laws, decrees, and regulations which are not in
conflict with the provisions set forth in this constitutional proclamation
remain in effect. References to the King and Parliament in these laws shall be
regarded as references to the Revolutionary Command Council and reference to
the kingdom shall be regarded as reference to the Republic.
Article 35 [New Laws]
Decisions, statements, and orders issued by the Revolutionary Command Council
since Sep 1969 and before the issue of this constitutional proclamation shall
have the power of law and supersede all contrary provisions. They can be
annulled or amended only in accordance with the procedure defined in the
present constitutional proclamation.
Article 36
[Promulgation]
New laws shall be published in the Official Journal and they shall be in effect
at the date of publication unless it is otherwise stated.
Article 37 [Permanent
Constitution]
(1) The present constitutional proclamation shall be in effect until a
permanent constitution is issued. It will be amended by the Revolutionary
Command Council only in case of necessity and in the interest of the
Revolution.
(2) This Proclamation is to be published in the Official Journal.