Libyan court declares draft constitution illegal
The Administrative Department of Al-Bayda Appeals Court ruled that the amendment to the voting quorum of the Constitution Drafting Assembly (CDA) was illegal.
|The verdict renders the latest draft of the constitution sent to the Tobruk-based House of Representatives illegal as well. There had been several meetings of the CDA in Oman. However, many who are boycotting the CDA were absent along with others who did not go because they thought the meeting should have been held in Libya. When the group returned to Al-Bayda, it met and amended the voting quorum to render the votes taken in Oman as legal. The same court had ruled on February 15 that the former head of the CDA, Ali Al-Tarhouni, was ineligible for the position because he was an American citizen.|
It has been reported that the CDA did not abide by the Libyan Political Agreement (LPA) Article 51 which requires that it take the opinion of the HoR and the Supreme State Council (SSC) on the draft constitution upon the completion of the final draft and before it is sent for referendum. Sources online have also reported that the SSC has called on the CDA to respect its obligations in the LPA and formally send them a copy of the draft constitution.The feedback of both bodies must be sent back to the CDA within a month of receiving the draft. The State Council (SSC) did not receive a copy of the draft.
“I applaud the diligent effort, courage and commitment of all members of the Constitution Drafting Assembly in trying to forge agreement on a draft constitution that can serve as the basis moving Libya beyond the transition period, and building a new modern Libyan state, anchored in the principles of democracy and separation of powers, rule of law, and respect for human rights, including equality for all, and guaranteeing the rights of women and all components of the Libyan national identity,” he stated.He even said that boycotting was not an option. This was because the CDA meeting in Bayda illegally changed the quorum requirements for votes.