On Wednesday, August 10th, the National Transitional Council (NTC) issued the first Libyan “Constitutional Declaration” of the post-Gadhafi period, including 37 articles.
Mr. Abdul Hafeez Goukha, Vice President of the NTC and the official spokesman for the Council, said in a press conference yesterday that the NTC finished the constitutional declaration of the transition phase. Dr. Salwa Aldeghaily, responsible for Legal Affairs in the Council, also spoke at the press conference.
Goukha explained that the constitutional declaration includes a set of principles. The first contains general provisions and public rights, and the second include the fundamental operation of the interim government during the transitional phase after the removal of the Gadhafi regime.
He explained that the new constitution includes 37 articles, and that the system of the transitional government during the transitional period is ruled by the articles 17 to 30. The transitional phase will take about 20 months, 8 months under the NTC and 12 months under a General National Assembly .
Each member of the NTC signed the constitutional declaration and pledged that they would have no role in the presidential or parliamentary elections to come.
Dr. Salwa Aldeghaily explained that Article 30 of the Constitutional Declaration requires the formation of a national government within 30 days of liberation — the term for Gadhafi’s defeat. By 90 days after liberation, election laws will be announced, and a high commission for elections should be formed. Libyans then elect a new General National Assembly within 240 days of liberation. The Assembly will consist of 210 members. It will be responsible for choosing a temporary head of government and drafting and passing laws to manage the country’s affairs.
After its formation, the Assembly will have 30 days to select the temporary head of government and within 60 days it must submit a constitution for a popular referendum. If approved by the Libyan people, the constitution becomes law, and if the people reject it, the Assembly will be given another 30 days to restore the constitution.
After the approval of the constitution, the Assembly has 30 days to pass electoral laws for a presidential election within 180 days. The role of the interim head of government finishes when the elected president takes office.