Constitution of Libya (1951)

The 1951 Libyan Constitution was brought into force on 7 October 1951, prior to Libya's formal declaration of its independence on 21 December 1951 as a constitutional and hereditary monarchy under King Idris. The enactment of the Libyan Constitution was significant in that it was the first and only piece of legislation that formally entrenched the rights of Libyan citizens after the post-war creation of the Libyan nation state.^[1]

The Libyan National Assembly drafted the Constitution and passed a resolution accepting it in a meeting held in the city of Benghazi on Sunday, 6th Muharram, Hegiras 1371: October 7m 1951. Mohamed Abulas’ad El-Alem, President of the National Assembly and the two Vice-Presidents of the National Assembly, Omar Faiek Shennib and Abu Baker Ahmed Abu Baker executed and submitted the Constitution to King Idris prior to its publication in the Official Gazette of Libya.

The enactment of the Libyan Constitution was significant in that it was the first piece of legislation to formally entrench the rights of Libyan citizens following the post-war creation of the Libyan nation state. Following on from the intense UN debates, during which Idris had argued that the creation of a single Libyan state would be of benefit to the regions of Tripolitania, Fezzan, and Cyrenaica, the Libyan government was keen to formulate a constitution which contained many of the entrenched rights common to European and North American nation states.

Thus, though not creating a secular state (Article 5 proclaims Islam the religion of the State), the Libyan Constitution formally set out rights such as equality before the law as well as equal civil and political rights, equal opportunities, and an equal responsibility for public duties and obligations "without distinction of religion, belief, race, language, wealth, kinship or political or social opinions" (Article 11).

Following the "Green Revolution" military coup of 1969, led by Colonel Gaddafi, that overthrew the monarchy and the Libyan National Assembly, the Libyan Constitution was no longer in effect. The Green Book put forth by Gaddafi became the foundation of the laws of Libya.

Preamble

The Preamble to the Libyan Constitution sets out the terms under which the union of the regions of Cyrenaica, Tripolitania and Fezzan into Libyan came about:

In the name of God the beneficent, the merciful. We, the representatives of the people of Libya from Cyrenaica, Tripolitania and Fezzan, meeting by the will of God in the cities of Tripoli and Benghazi in a National Constituent Assembly. Having agreed and determined to form a union (1) between us under the Crown of King Mohammad Idris el Senussi, to whom the nation has offered the Crown and who was declared constitutional King of Libya by this the National Constituent Assembly. And having decided and determined to establish a democratic independent sovereign State which will guarantee the national unity, safeguard domestic tranquillity, provide the means for common defence, 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, Master of the Universe, do hereby prepare and resolve this Constitution for the Kingdom of Libya (2).

(1) Federal Regime repealed by Law No. 1 of 1963. (2) Name of the State amended to read "The Kingdom of Libya" by Law No. 1 of 1963.' ^[2]

Chapter II - Rights of the People

Although the Libyan Constitution contained many elements traditional to the regional, such as proclaiming Islam the religion of the State and setting out in detail the terms on which the hereditary monarchy should govern together with the procedure for succession, it did also contain several provisions which entrenched the rights of its citizens to enjoy certain rights common to European and North American nation states, indicating the influence of the key western players in the region, or at the very least, pay lip service to Thus, while stopping short of a secular state (Article 5 proclaims Islam the religion) (at the time, Britain was involved in extensive engineering projects in Libya and was also the country's biggest supplier of arms and the United States also maintained a large airbase in Libya).

Thus, Chapter II (Rights of the People) of the Constitution of Libya set out rights such as equality before the law as well as equal civil and political rights, equal opportunities, and an equal responsibility for public duties and obligations, "without distinction of religion, belief, race, language, wealth, kinship or political or social opinions" (Article 11). Following the coup led by the Libyan army on 1 September 1969 and Idris's subsequent abdication, the Libyan Constitution ceased to have any significance.

The Libyan Constitution^[3]

The full text of Chapters I and II of the Constitution of Libya is below:

Constitution of Libya

Chapter I-The Form of the State and the System of Government

Article 1

Libya is a free independent sovereign State. Neither its sovereignty nor any part of its territories may be relinquished.

Article 2

Libya is a State having a hereditary monarchy, and its system of Government is representative. Its name is "THE KINGDOM OF LIBYA".

Article 3

The Kingdom of Libya is a part of the Arab Home-Land and a portion of the African Continent.

Article 4

The boundaries of the Kingdom of Libya are:-

On the North, the Mediterranean Sea;

On the East, the United Arab Republic and the Republic of Sudan;

On the South, the Republic of Sudan, Chad, Niger and Algeria;

On the West, the Republics of Tunisia and Algeria.

Article 5

Islam is the religion of the State.

Article 6

The emblem of the State and its national anthem shall be prescribed by a law.

Article 7

The national flag shall have the following shape and dimensions:

Its length shall be twice its breadth, it shall be divided into three parallel coloured stripes, the uppermost being red, the centre black and the lowest green, the black stripe shall be equal in area to the two other stripes together and shall bear in its centre a white crescent, between the two extremities of which there shall be a five-pointed white star.

Chapter II-Rights of the People

Article 8

Every person who resides in Libya and has no other nationality, or is not the subject of any other State, shall be deemed to be a Libyan if he fulfils one of the following conditions:-

(1) that he was born in Libya;

(2) that either of his parents were born in Libya;

(3) that he has had his normal residence in Libya for a period of not less than ten years.

Article 9

Subject to the provisions of :;Article 8: of this Constitution, the conditions necessary for acquiring Libyan nationality shall be determined by a law. Such law shall grant facilities to expatriates of Libyan origin residing abroad and to their children, and to citizens of Arab countries, and to foreigners who are residing in Libya and who at the coming into force of this Constitution have had their normal residence in Libya for a period of not less than ten years. Persons of the latter category may opt for Libyan nationality in accordance with the conditions prescribed by the law, provided they apply for it within three years as from the 1st of January 1952.

Article 10

No one may have Libyan nationality and any other nationality at the same time.

Article 11

Libyans shall be equal before the law. They shall enjoy equal civil and political rights, shall have the same opportunities, and be subject to the same public duties and obligations, without distinction of religion, belief, race, language, wealth, kinship or political or social opinions.

Article 12

Personal liberty shall be guaranteed and everyone shall be entitled to equal protection of the law.

Article 13

No forced labour shall be imposed upon anyone save in accordance with law in cases of emergency, catastrophe or circumstances which may endanger the safety of the whole or part of the population.

Article 14

Everyone shall have the right to resource to the Courts, in accordance with the provisions of the law.

Article 15

Everyone charged with an offence shall be presumed to be innocent until proved guilty according to law in a trial at which he has the guarantees necessary for his defence. The trial shall be public save in exceptional cases prescribed by law.

Article 16

No one may be arrested, detained, imprisoned or searched except in the cases prescribed by law. No one shall under any circumstances be tortured by anyone or subjected to punishment degrading to him.

Article 17

No offence may be established or penalty inflicted except shall be subject to the penalties specified therein for those offences; the penalty inflicted shall not be heavier than the penalty that was applicable at the time the offence was committed.

Article 18

No Libyan may be deported from Libya under any circumstances nor may he be forbidden to reside in any locality or compelled to reside in any specific place or prohibited from moving in Libya except as prescribed by law.

Article 19

Dwelling houses are inviolable; they shall not be entered or searched except in cases and according to the manner prescribed by law.

Article 20

The secrecy of letters, telegrams, telephone communications and all correspondences in whatever form and by whatever means shall be guaranteed; they shall not be censored or delayed except in cases prescribed by law.

Article 21

Freedom of conscience shall be absolute. The State shall respect all religions and faiths and shall ensure to foreigners residing in its territory freedom of conscience and the right freely to practice religion so long as it is not a breach of public order and is not contrary to morality.

Article 22

Freedom of thought shall be guaranteed. Everyone shall have the right to express his opinion and to publish it by all means and methods. But this freedom may not be abused in any way which is contrary to public order and morality.

Article 23

Freedom of press and of printing shall be guaranteed within the limits of the law.

Article 24

Everyone shall be free to use any language in his private transactions or religious or cultural matters or in the Press or any other publications or in public meetings.

Article 25

The right of peaceful meetings is guaranteed within the limits of law.

Article 26

The right of peaceful associations shall be guaranteed. The exercise of that right shall be regulated by law.

Article 27

Individuals shall have the right to address public authorities by means of letters signed by them in connection with matters which concern them but only organised bodies or justice persons my address the authorities on behalf of a number of persons.

Article 28

Every Libyan shall have the right to education. The State shall ensure the diffusion of education by means of establishment of public schools and of private schools which it may permit to be established under its supervision, for Libyans and foreigners.

Article 29

Teaching shall be unrestricted so long as it does not constitute a breach of public order and is not contrary to morality. Public education shall be regulated by law.

Article 30

Elementary education shall be compulsory for Libyan children of both sexes; elementary and primary education in the public schools shall be free.

Article 31

Property shall be inviolable. No owner may be prevented from disposing of his property except within the limits of the law. No property of any person shall be expropriated except in the public interest and in the cases and in the manner determined by law and provided such person is awarded fair compensation.

Article 32

The penalty of general confiscation of property shall be prohibited.

Article 33

The family is the basis of society and shall be entitled to protection by the State. The State shall also protect and encourage marriage.

Article 34

Work is one of the basic elements of life. It shall be protected by the State and shall be the right of all Libyans. Every individual who works shall be entitled to fair remuneration.

Article 35

The State shall endeavour to provide as far as possible for every Libyan and his family an appropriate standard of living.

The Libyan National Assembly prepared and resolved this Constitution in its meeting held in the city of Benghazi on Sunday, 6th Muharram, Hegera 1371 corresponding to 7 October 1951, and delegated its president and the two Vice-Presidents to promulgate it and submit it to His Majesty, the Exalted King, and published in the Official Gazette in Libya. In pursuance of the Resolution of the National Assembly we have promulgated this Constitution in the city of Benghazi on Sunday, the 6th day of Muharram, Hegera 1371, corresponding to the 7th day of October 1951.

Mohamed Abulas'as El-Alem

President of the National Assembly

Omar Faiek Shennib

Vice-President of the National Assembly

Abubaker Ahmed Abubaker

Vice-President of the National Assembly

See also

• Libyan interim Constitutional Declaration
• The Libyan Constitutional Union

Notes

1. Chronology of International Events and Documents, Royal Institute of International Affairs. Vol. 7, No. 8 (5–18 April 1951), pp. 213-244
2. http://www.libyanconstitutionalunion.net/constitution%20of%20libya.htm.
3. http://www.libyanconstitutionalunion.net/constitution%20of%20libya.htm.