Amidst Libya’s political and security crisis, and in parallel to the UN-brokered peace negotiations, the Libyan Constitution Drafting Assembly (CDA), which was directly elected in February 2014, is trying to write a new Constitution. It issued a first draft in October 2015. According to the Political Agreement the CDA should complete its work by 24 March.
Even if the CDA managed to adopt a text by 24 March, it is not clear what impact a constitution may have in the context of the current crisis. That said, it is clear that the constitution-makers should include transitional provisions that make clear how the constitution would relate to Libya’s wider governance framework, in particular the Political Agreement of December 2015 and the Constitutional Declaration of 2011.
This Briefing Paper analyses the transitional provisions in both the Draft Constitution and the Political Agreement. In light of comparative experience, international obligations and the need for legal security, some of the constitutional provisions would benefit from further detail and clarification, others from substantial revision. A list of recommendations addresses the status of the 2011 Constitutional Declaration and legislation, the status of state bodies and representatives of the state, the creation of new institutions and transitional political and judicial measures.
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