{ Adopted: 11 Dec 1969 / Status: 1992 }
Preamble
The Revolutionary Command Council,
in the name of
the Arab people in Libya
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.
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
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 eery 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.
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
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
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.
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
(2) The Council of Ministers
(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.
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.