THE BARQAH/CRYENAICA CONSTITUTION
P R E AM B L E
In confirmation of the principles which have guided State policy in various fields during the past period, and in asserting our determination to continue efforts to create a better future characterized by further achievements which will bring benefits to the Country and its Citizens. Our determination to strengthen the State’s international position and its role in establishing the foundations of peace, security, justice and co-operation between different States and Peoples.
In the name of God the beneficent, the merciful, we, the representatives of the people of the State meeting by the will of God and having decided and determined to establish a democratic independent sovereign State which will guarantee the national unity, safeguard domestic tranquility, provide the means for common defense, secure the establishment of justice, guarantee the principles of liberty, equality and fraternity and promote economic and social progress and the general welfare. And trusting in God, we the people, in the name of the Merciful and Benevolent God and our Prophet Mohammad, peace be upon him, the Greatest Messenger, endorse this Constitution.
Form and General Fundamental Provisions
Article 1 – Name, Form and Capital of State
Barqah or Cyrenaica is a free, independent, unified state. Its sovereignty may not be waived or relinquished. It shall be derived from a consensus of the population residing in those areas which unite together in a free, independent, unified manner. Each region shall enjoy within its administrative boundaries, administrative and financial independence and full legal personality. The State shall put its legislation and regulations in order with this principle. The law shall stipulate the executive details according to the provisions of this Constitution. Each area will have its own governance center with legislative authority to be determined by this Constitution.
Article 2 – State Borders
The 16th [sixteenth] Parallel of Latitude marks the western boundary of Barqah or Cyrenaica from Tripolitana. Beginning on the closest city or town or hamlet closest to the 16th Parallel on the coast to the west and extending eastward from the Gulf of Sidra to Egypt. The historic and largest city functioning as the political and administrative center is Benghazi or as designated by law. This division line will place Sirte, Hun, Waddan, the entire Jufra region within the boundaries of Barqah State down to the country of Chad.
Article 3 – State Flag
The national flag shall have the following shape and dimensions:
The flag will be black with its length twice its breadth and shall bear in its center a white crescent, between the two extremities of which there shall be a five-pointed white star.
Article 4 – National Anthem
The law shall determine the national anthem.
Article 5 – Emblem of State
The law shall define emblem, medals, insignia and official holidays of the State.
Article 6 – Oath of Allegiance
“I swear by Almighty God to discharge my duty as ________ faithfully, to be faithful to God and the homeland, to respect the Constitution and the laws of the country, to preserve the independence and unity of my country, to protect the interests of the people and the homeland and to discharge my duties with utmost truth and sincerity in the service of the homeland”.
Article 7 – Sovereignty
God alone is sovereign and sovereignty, by His will, is the nation's trust. The nation is the source of powers which will be exercised directly by referendum, or indirectly through constitutional institutions and laws.
In the Name of God, Most Beneficent, Most Merciful Rights and Liberties, Rights and liberties shall be the basis of governance, the State shall commit to enshrining them and reaffirming the values of democracy, human dignity, equality and freedom. “This State is a country that respects human rights, the principles of nationality, the rights of minorities and all others, and that a human under the law enjoys all advantages of citizenship regardless of color or race or language or belief or ethnicity or social status. Sovereignty shall belong to God, and by the Most High God’s will it shall be entrusted to the nation from which all powers stem, prescribed by this Constitution.”
Article 8 – Identity
Barqah is a civil state built on a unifying national identity that includes various cultural identities – namely Islam, Arab, Berber, and Tabu – rich in its African and Mediterranean roots. This country is part of Africa and the Mediterranean Basin built on comprehensive and diversified constants. It takes pride in all social and cultural components represented by the Arabs, Berber, Tebo tribes and all others who have become part of the society in Barqah/Cyrenaica. It shall establish the means to ensure protection for all and preserve their originality.
Article 9 – Religion
Islam is the religion of the State, provided to ensure the absolute freedom of religious belief and teachings and the freedom of all faiths to practice all religious rites and the right to freedom of religious education as stated in the Koran.
Article 10 – Supremacy of Law
Supremacy of law is the basis for governance in this nation. This Constitution shall be the supreme law of the State and public authorities, institutions and natural, based on justice, constitutionality and equality. Legal persons will commit to being subject thereto. All enactments in violation of its provisions are null and void.
Article 11 – Nationality
Every person who resides in the State and have no other nationality, or is not the subject of any other State, shall be deemed to be a citizen of the State if he fulfills one of the following conditions:
(1) he or she was born in Barqah and surrounding areas in accordance with the provisions of the Libyan Constitution issued on 7 October 1951 and the laws issued there under shall be a citizen of the State;
(2) every person born to a parent of the State;
(3) he or she has had their normal residence in the State for a period of not less than fifteen (15) years.
Article 12 – Nationality Conditions
Subject to the provisions of this Constitution, the conditions necessary for acquiring State nationality will be determined by law. Such law will grant facilities to those who have lived in Barqah and surrounding areas for decades, with or without a family book including but not limited to Tawerghans, Tabu (Tebu, Toubou), all the Berber tribes residing in Barqah and surrounding areas, who at the coming into force of this Constitution have had their normal continuous residence in the State for a period of not less than fifteen (15) years. Verification needed for proof of continuous residency will be stipulated by law. Persons of the latter category may opt for State nationality in accordance with the conditions prescribed by the law, provided they apply for it within three (3) years from the 1st of January 2018.
Whosoever obtains nationality in accordance with provisions of the Constitution approved in year 2018 and laws enacted there under will be deemed a national and citizen with all legal rights, privileges, and duties of citizenship, including those of a National Identification Number and voting.
Article 13 – Nationality Restrictions
State nationality may be combined with any other nationality. However, a State citizen holding another nationality or a naturalized person may not assume the following positions:
1. President of State,
2. Prime Minister, minister or deputy minister,
3. Member of legislative and/or judicial authority,
4. Governor and/or deputy governor of State primary bank,
5. Representative of permanent diplomatic missions,
6. Director of intelligence service, investigations, passports, customs, public security and police,
7. High electoral commission, head and member of independent constitutional bodies,
8. Head of Civil Register,
9. Rescinding any and all decisions granting State nationality taken since December 15, 2011 and those taken in violation of the nationality laws in force at the time they were taken,
10. Any other position set forth by law.
Article 14 – Invalidation and withdrawal of Nationality
Invalidation of State nationality for any reason whatsoever is prohibited. It may be withdrawn within twenty (20) years following naturalization. Cases of withdrawal shall be established by law.
Article 15 – Naturalization
1. Enacted law regulating granting State nationality shall take into account national interest considerations, maintenance of demographic structure regionally and nationally and ease of integration within the State's society.
2. The other requirements shall be defined by law.
3. Upon completion of above requirements and as established by law, birth certificate, naturalization certificate or certificate of citizenship, will be made available.
Article 16 – Official Language
Arabic is the official language of the State.
Article 17 – Other Official Languages
Tawerghi, Tebu [Berber Tamazight] will also be considered as official languages with Arabic the official and main language, being a joint legacy for all citizens of the State. The official nature of Tawerghi, Tebu [Berber] languages shall be activated in stages and according to a mechanism defined under a regulating law in that regard to be approved during the first thirty (30) days of the first parliamentary session. The provisions of this law shall ensure but not demand integration of Tawerghi, [Tamasheght], Tebu, all Berber tribes and any other languages should they be proven to exist, in the educational structure and other fields of public life to enable future fulfillment of function as official languages.
Rights of the People
Article 18 – General Rules
Legislation will be based on balance between the public and private interests and will be bound by the following:
1. Generality and abstractness of the legal rule.
2. Publication in the Official Gazette.
3. Not inflict or receive harm.
4. Necessity shall be assessed accordingly without excess or laxity.
5. Prohibit amnesty in crimes against humanity, genocides, war and torture crimes which are not subject to the Statute of Limitations.
6. Prohibit the inclusion of anything which jeopardizes the acquired rights or the power of the res judicature.
7. Right to resort to the courts when public authorities abstain from taking the measures mentioned in the this Constitution.
8. Prohibit incarceration in lieu of the non-payment of a civil or commercial debt where the person in debt is proven to be unable to pay.
Article 19 – Citizenship Rights
1. Right for every citizens equality before the law. They are equal in civil, political, economic, social and cultural rights as well as in duties and common costs in accordance with the provisions of the Constitution and as provided for in this Constitution with Islamic law.
All have the right to vote subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Every person shall have the right to free, credible, transparent, and fair elections where all citizens shall be equal. Disfranchisement shall be prohibited unless by a final court order.
2. Right to Decent Life.
The State shall ensure all citizens a decent level of life and welfare proportionate to its economic situation. This will include the following actions but are not limited to only these actions:
a. Integration of those of unknown descent within society, and enabling their access to social protection and social cover.
b. Provision of a decent life for retirees, divorced women, widows, female heads of households and unwed females as described in this Constitution and the Bill of Rights attached to and part of this Constitution.
c. Provision of housing subsidy for those in hardship with requirements, eligibility to be determined by law with costs to be mainly the responsibility of the Regionals' and the municipalities involved.
3. Right to Residency and Movement.
The State shall guarantee citizens the right to unrestricted movement and transfer of properties within the State. It shall also ensure:
a. Right to utilize facilities wherever these may be and facilitate movement and residency to benefit from development projects.
b. Non-permissibly of prohibition of residency and movement, or imposition of forced residency unless by a court order.
c. Freedom of travel and temporary and permanent immigration. Prevention from travel will only be by a court order.
d. Prohibition of forced displacement. The State shall ensure the right to return and compensation.
f. Linking the practice, or joining of any activity to the place of residency or birth shall be prohibited.
4. Restrictions to Rights and Liberties.
Legislation in the field of rights and liberties shall commit to the following:
a. The Committee for Rights and Liberties shall be with the agreement of two-thirds (2/3) of the parliament.
b. Restrictions shall preserve the core of rights and liberties and shall be clear and specific.
c. Restrictions shall be necessary and genuinely fulfill the objectives of the public interest, as stated by the constitution, or the need to protect the liberties and rights of others.
d. Restrictions shall be proportional to the protected interest.
e. Restrictions shall be proportional to the characteristics of the democratic society
f. Prohibit the abandonment of guarantees stated by the law.
5. Interpretation of Texts Related to Rights and Liberties.
Texts included in the Rights and Liberties part shall be interpreted based on:
a. Promotion of values that characterize a democratic society.
b. Human dignity and freedom as well as equality between all citizens.
c. Take international law into consideration.
d. Prohibit drawing parallels with restrictions stipulated with regards to rights and liberties.
e. Prohibit the interpretation of any article in this Constitution in a manner which includes the right to participate in any activity or undertake any act whose aim is to undermine rights and liberties stated by the Constitution, or restrict more than what is stipulated.
Article 20 – Political Pluralism
The political system shall be based on principles of political and partisan plurality; peaceful succession to power; separation, balance and integration of powers, and exercise of power on basis of good governance built on transparency, monitoring and accountability in accordance with the provisions of the Constitution.
1. Legal voting age shall be eighteen (18) years of age for any and all elections
2. The State will ensure the right for all to democratically participate:
a. Citizens have the right to submit a petition or legislative proposal, and there must be a commitment towards issuing a regulatory law in this regard.
b. Associations shall have the right to participate in the development of draft law proposals related to their activities, and there must be a commitment towards issuing a regulatory law in this regard.
c. Legislative authority shall regulate the consultative and advisory role of civil society organizations and submission of proposals to public authorities and institutions.
Article 21 – Political Rights and Obligations
Every person shall have the right to choose political directions. The State shall guarantee the right to the establishment, joining of and withdrawal from political parties while undertaking the following:
1. Non-affiliation with trends outside the country.
2. Preservation of national unity.
3. Prohibition of foreign funding.
4. Prohibition of exercise of commercial activities.
5. Parties shall denounce violence, terrorism, hatred and discrimination.
6. Prohibition of affiliation of parties with any armed or semi-armed formation.
7. Prohibition of affiliation of judges, prosecutors, military and police personnel.
Article 22 – Right to Assembly and Demonstration
The State shall guarantee the right of assembly and peaceful demonstration according to the following:
1. Notification shall be required without the need for permission.
2. Imposition of restrictions shall be prohibited unless in accordance with human rights standards.
3. State shall ensure security of demonstrations.
4. Decision to prevent assembly and demonstration will be justified with limited considerations.
5. Criminal penalties against demonstrations and assembly will not be imposed unless for crimes perpetrated therein.
6. The use of force will be prohibited except at a minimum and if necessary as defined by law.
Article 23 – Right to Employment
Citizens shall have the right to employment, and the right to select the type of employment and fairness of its conditions so as to ensure a decent life. The State shall ensure:
1. Protection from employment related incidents and commitment to reduction of risks and health, hygiene and security standards.
2. Allowance for hazardous, severe and harmful employment.
3. Prohibition of discrimination on basis of residency, place of work, sex or disability.
4. Prohibition of forced labor unless necessary or for the implementation of a penalty.
5. Provision of training and rehabilitation programs.
6. Right to strike ensuring minimum service at public facilities and unimpeded access of others.
7. Right to negotiation and conclusion of collective agreements, and the right to collective action for protection.
8. No one shall be prevented from applying for public posts unless by a final court order.
Article 24 - Equal Employment Opportunities
The State shall ensure equal employment opportunities. To this end, it shall take the necessary measures including:
a. Acceptance on the basis of efficiency and experience.
b. Prohibition of making the place of residency or birth a condition for being accepted into any employment opportunity.
c. Free competition with regards to the available employment opportunities.
d. Barqahans shall have no advantage for upholding public posts and positions unless in accordance with the aptitude and competence criteria.
e. The Law shall specify the ranks of public posts in accordance with the criteria of competence and responsibility as well as with those required for job grading and decent life.
Article 25 – Economy and Investment
1. The State will work to establish a diversified national economy that achieves prosperity and well-being and raises living standards. It shall be based on standards of transparency, quality, and accountability and consumer protection.
2. The State will encourage the private sector to ensure competition and innovation to enable fulfillment of its social responsibility in serving the national economy.
3. The State will be keen to provide employment opportunities and prevent monopoly practices and corruption.
4. The State will ensure comprehensive, sustainable, balanced and localization development based on development indicators and fair distribution in order to fulfill the basic needs of citizens and sustain social welfare.
5. The State will encourage private, public and joint investment in order to fulfill society needs and ensure balance of comprehensive and localization development utilizing mechanisms that guarantee sustainable of such balance.
a. The State will encourage foreign investment while preventing foreign control on national economy. Foreign investment contracts including utilization of real estates can not exceed a period of thirty (30) years.
b. Foreign investments contracts for natural wealth must be submitted to the legislative authority for endorsement.
c. Ownership of real estates by non-State citizen natural persons shall be regulated according to the principle of reciprocity. This shall be regulated by law.
6. Each person shall have the right to enterprise under free competition guaranteed by the Constitution.
a. The State will undertake necessary measures to protect competition and prohibit monopoly as well as exploitation of power and influence.
b. All enterprises will adhere to the non-harm of others or the interests of society.
Article 26 – Consumer Rights
The State will undertake the development of legal frameworks to protect consumers with a view to achieve economic balance, social justice and respect the rights of the consumer and producer. Their rights shall be especially protected with regards to the following:
1. Freedom of choosing goods and services.
2. Receiving fair compensation.
3. Preserving health and safety.
4. Receiving information on the nature of goods.
5. Participating in consumer protection institutions.
Article 27 – Management of Public Facilities
Administrative facilities will be established and managed in accordance with the criteria of quality, transparency and the respect of human rights. This shall include committing to the following:
1. Simplification of their procedures, as well as addressing issues related to individuals with integrity and within a reasonable time, and in accordance with suitable procedures.
2. Periodic review and assessment.
3. Responsibility for damages resulting from their actions.
4. Regular and increased distribution of their services.
5. Beneficiaries shall have the right to lodge petitions and complaints, and to receive a response within a reasonable time.
6. Justification must be stated, in writing, for their decisions.
Article 28 – Endowments (Zakat, charity and Awqaf, religious endowments)
1. Charitable endowment shall be inviolable and will not be mixed with public revenues. They shall only be disposed of by an authorization from the competent court in the best interest of the endowment. The State shall oversee, run the affairs, invest and monitor endowments to ensure development, achievement of goals and legal objectives thereof within the limits of law.
2. The State shall commit itself to take the following necessary measures regarding religious endowment monies:
a. Tracing, uncovering and reclaiming religious endowments money;
b. Reevaluation on the way this money is used and considering the contracts concluded in this regard in a manner which achieves the objectives of religious endowments.
Article 29 – Historical Monuments
The State shall commit itself to protecting, preserving, protecting the areas of, exploring, maintaining and regaining usurped monuments. Monument offering, violation, or trading shall be considered a crime for which there is no statute of limitation. In case a private property is deemed of a historical nature, the relation of owners with the State shall be regulated by a special law that guarantees their legal rights.
Article 30 – Right to Expression and Freedom of Thought and Intellectual Property
1. Thoughts shall be free and the State shall ensure freedom of expression thereof.
2. The right and freedom of publication shall be guaranteed, while not jeopardizing the right of any person to respond.
3. The State shall take necessary measures to protect private life against publication, including:
a. Prohibition of defamation, libel, incitement of hatred, racism and violence, as well as prohibition of declaring others as infidels.
b. Prohibition of imposition of thoughts by force or threat.
c. Prohibition of deliberate falsification of facts.
4. The State shall ensure protection of physical and moral rights of all forms of intellectual property.
a. Protection of popular heritage as well as cultural and civilized inherited tradition devolved to the State following the death of the author.
b. Protection of the right to physical utilization by the owners of cultural heritage.
c. Protection of industrial property if characterized by excellence at the international level.
d. Necessary measures to combat violation of intellectual property.
Article 31 – Freedom of Scientific Research
The State shall commit to take the necessary action to develop scientific research including:
1. Development of scientific research and guaranteeing the right to enjoy the benefits of scientific and technical progress and provision of required institutional frameworks.
2. Protection of the ethical and material rights of researchers, as well as sponsorship and guarantee of the rights of innovators and inventors.
3. Promotion of international cooperation in scientific research.
Article 32 – Right to Establish Societies, Unions and Civil Society Organizations
1. The State shall promote and develop the role of civil society organizations.
2. Affiliation of civil society organizations with political parties shall be prohibited.
3. Civil society organizations shall be prohibited from receiving funds from any foreign government, illegal or unknown sources.
4. The State shall develop standards necessary for balancing between the requirements of independence of civil society organizations and the requirements of transparency.
5. The State shall guarantee freedom of establishing societies and unions on a non-profit basis without prior authorization and according to the following:
a. Registration shall be required.
b. Interference of the State in the affairs of societies and unions shall be prohibited except as prescribed by law and in conformity with their independence.
c. The right to defend the interests of their members and the objectives on which they were established. Joining or withdrawing from societies and unions shall be permissible.
d. Formation and joining societies and unions by military and security personnel and affiliation with any armed or semi-armed formation shall be prohibited.
e. Function shall only be suspended by a court order. Dissolution shall only be by a final court ruling.
f. Activities shall be exercised in public and clandestine activities shall be prohibited.
g. The right to representation of organizers before the courts and others shall be ensured.
Article 33 – Multiculturalism
The State shall commit to taking the following measures:
1. Protect local languages and cultures, guarantee their prosperity as well as ensure that they are taught and used in media outlets.
2. Protect traditional knowledge and literature.
3. Protect and develop historic areas.
4. Teach the arts and increase the span of cultural services.
5. Protect manuscripts and artifacts.
6. Prohibit acts that are harmful to the cultural, linguistic and historic heritage, provided that heritage protection related lawsuits are considered public lawsuits that shall incur no judicial fees.
7. The State shall undertake the necessary measures to show the capacities of those who are talented and distinguished, as well as develop their capabilities in all fields.
Article 34 – Right to Information
1.The State will guarantee the freedom of receiving, relaying, exchanging and perusing information, as well as plurality of its sources, in a manner that does not jeopardize secrets related to the military and public security, justice management needs, sanctity of private life and whatever was considered a secret in agreement with another state, while preserving the right of maintaining the confidentiality of the source.
2. The State will be committed to take the following necessary measures:
a. Documenting systematic violations and crimes of corruption;
b. Uncovering the fate of missing individuals.
3. All authorities, public facilities and partially or fully state owned enterprises, as well as parties and civil society organizations, will commit to transparency; this will include the following:
a. Public data, legislation, government projects and contracts must be published.
b. Citizens shall have the right to access all documents.
c. Individuals shall have the right to obtain their personal details from all institutions.
Article 35 – Political Asylum
Extradition of political refugees to their country of origin or any other country they express unwillingness to go to shall be prohibited. Conditions and situations of political asylum shall be regulated by law.
Article 36 – Rights of Foreigners
The State shall ensure the following with regards to foreigners who have legal residency:
1. Prohibit unfair and collective deportation.
2. Prohibit the handover of accused and convicted persons in case of suspicion that they will be exposed to torture and this will be subject to judicial guarantees.
3. Commit to taking into consideration the interest of the State citizens, wife and children, Right to Equal Opportunities including visa issuance and residency, and with regards to the provisions of expulsion, handover as in extradition.
4. Guarantee political and humanitarian asylum according to international standards.
5. The right to the ownership of residence for himself and his family.
6. Without prejudice to the rights of use, the State shall take the necessary measures to rescind all the legal transactions on which foreigners’ ownership of property is based.
Article 37 – Rights of State Citizens Abroad
The State shall undertake the necessary measures to protect State citizens abroad and ensure sustaining their ties to their homeland, shall include:
1. Provision of care for citizens of the State abroad and ensuring their participation in the electoral process and contribution to development.
2. Provision of consular protection for them.
3. Conclude necessary agreements for their protection and work on their implementation.
4. Follow-up violation of their rights and extend the jurisdiction of the State's judiciary in this regards.
Article 38 – Private Property
Private property shall be inviolable:
a. Commitment to utilization of private property in accordance with the requirements of public interest.
b. Private property may be utilized whenever necessary in return for a fair compensation paid in full.
c. Private property will be expropriated for public benefit in return for a fair and advance compensation.
d. General confiscation of properties is prohibited.