Libyan Draft Constitutional Charter

The Libyan Transitional National Council has released its Draft Constitutional Charter for the Transitional Phase (here). Several of the Charter’s provisions are:

• Tripoli is the capital of Libya, and Tripoli is the seat of the TNC, however Benghazi may be an interim seat
• All Libyans shall be equal before the law, shall enjoy equal civil and political rights, and shall not be discriminated due to religion, belief, race, language, wealth, kinship, political opinions, or social status
• Human rights and basic freedoms shall be respected
• There shall be no crime or penalty except by virtue of law, and any defendant is innocent until proven guilty
• The state shall guarantee the freedom to form political parties, societies, and other civil societies
• Any member of the TNC must not be a member of a Local Council, a member of a corporations board of directors, or sell/purchase/rent/lease/barter with the State, or contract with the State
• After liberation, the TNC will move to Tripoli and shall form an interim national government in the first meeting thereof
• The Constitutional Authority shall be elected within one month
• The Constitution shall be referred to the people for a plebiscite, within one month of preparation, and shall be enacted by an absolute majority
• Legal committees affiliated with the TNC shall lay down laws for the legislative and presidential elections within 60 days
• The elections shall take place within 6 months of the elections law enactment, and shall be supervised by the U.N.
• Upon announcing the elections results, the TNC shall be dissolved
• No member of the TNC can nominate for or assume the position of President, membership of the legislative councils, or ministerial position
• The judiciary shall be independent, and have courts of different sorts and competencies
• Existing laws shall remain in force, as long as they are consistent with the new constitution, unless explicitly amended or repealed

Also on Wednesday, the head of the TNC, Mustafa Abdel Jalil, reaffirmed his commitment to step down within 8 months of the complete liberation of Libya.