The Return to Constitutional Legitimacy is a fundamental right for the Libyan People and an Initiative to Save the Country.
The National Constitutional Merit (NCM) project represents an option for all political parties concerned with finding a solution to the Libyan political crisis, that is based on a constitutional and legal framework.
The NCM project is based on reinstating the Libyan constitution of 1951 as amended in 1963; as the first step toward creating a 3 year constitutional transitional period of stability during which the Libyan State can rebuild its institutions and restore its prestige and rule of law; during the third year, a national referendum on the type of governing system will be held and the constitution is amended accordingly before the end of the 3 year term.
This solution has many advantages that appeals to the Libyan people:
1. All roadmap procedures are derived from the Libyan Constitution articles and laws derived from it; no one entity domestic or foreign has any say in it; therefore, the credit goes only to the Libyan constitution and no one else, and making this proposal a truly Libyan solution.
2. The NCM derives its legitimacy from an already established legitimacy that precedes the current transitional legitimacy, and is recognized by the UN and the world community to this day; that is to say, the “Legitimacy of the Libyan constitution ratified by the National Assembly on 7 October 1951”.
3. The NCM project is inspired by the founding fathers and their successful experience in building the first Libyan State of independence, and the ideals that Libya was built upon before Kaddafi’s coup d’état. The solution also provides a bridge between the history of our parents and grandparents who fought for Libya starting in 1911, and the fight of their children and grandchildren starting in 2011.
4. The details of the NCM project as shown in the National Charter came into existence in response to the questions and aspirations and expectations of citizens across the country. Thus, the NCM project bears the fingerprints of thousands of Libya’s sons who contributed to the development and drafting.
5. The Libyan constitution provides assurances to Libyan’s concerns such as:
a. Return of displaced persons.
b. National reconciliation.
c. Transitional Justice.
The Return to Constitutional Legitimacy Movement (RCLM), which represents a vast network of activists in the cities and villages of Libya, still communicates with international organizations, including UNSMIL, political elites, civil society leaders, tribal leaders and elders.
The House of Representatives’ Road Map Committee included, in its report to the President of the House of Representatives, the “Return to Constitutional Legitimacy” as one of the viable options to resolve the political crisis that is plaguing the country.
The Road Map, which begins by reactivating the constitution, building executive and legislative state institutions and then ends with a referendum on the desired political system and the constitution is amended accordingly no later than the end of the third year of the constitutional transitional three (3) year term; the roadmap shows the major steps required to move from the current transitional period to the constitutional transitional period needed to build the Libyan State.
Attention is drawn to this Roadmap which offers a strategic view to the plan without entering into the legal details as this will be left to the experts.
A conference would be held with the participation of all parties concerned. The goal of this conference is to declare the reactivation of the Constitution of the State of Independence. It will involve all Libyan parties and other relevant Libyan stake-holders who will be invited to adopt and support this declaration. The following steps are to be taken:
1. Public Statements:
The House of Representatives (HOR) and the General National Congress (GNC) individually, will issue a public statement stating that they accept the National Charter as the basis for a political solution to the Libyan crisis and express their willingness to enter into a joint political process with all parties concerned based on the Return of Constitutional Legitimacy as it was on August 31, 1969 by reinstating the Libyan constitution and calls upon all Libyans to support this initiative.
2. The National Assembly:
The National Assembly will consists of all House of Representatives members elected in 2014, and members of the General National Congress elected in 2012. The tasks of the National Assembly are as follows:
a) Reactivation of the Libyan constitution of 1951 as amended in 1963.
b) Confirming the heir to the Libyan throne as the constitutional King of Libya.
c) Inviting the King to take the oath and assuing his constitutional powers.
The National Assembly mission ends two days after the date of the first formal meeting of the Transitional People’s Congress.
3. Reactivating the Libyan Constitution:
The National Assembly convene in its first session and issues a national decree to reactivate the Libyan constitution of 1951 as it was in 31 August 1969. The constitution will be in effect for a period of three years until a general national referendum is conducted to amend the constitution.
4. The King:
According to the relevant articles of the constitution and special royal orders regarding rules of inheritance of the throne of the Kingdom of Libya, the National Assembly will issue the following decisions:
a) Decision to confirm the heir to the Libyan throne as the constitutional King of Libya.
b) Decision to invite the King to be sworn in to assume the direct constitutional powers of the King in accordance to article 47 of the Libyan constitution.
5. Selecting the Government:
In accordance to article 72 of the Libyan constitution, the King issues a royal decree to dissolve all transitional governments and appoint a national figure to form a National Unity Government (NUG) which will be the sole legitimate government in Libya.
6. Selecting the People’s Congress:
a) Selecting the Senate Chamber:
In accordance to Article 94 of the Libyan constitution, the King issues a royal decree appointing twenty four (24) members to the Senate chamber according to the following distribution:
i) Six (6) members from the Westren region.
ii) Six (6) members from the Southren region.
iii) Six (6) members from the Eastren region.
iv) Six (6) members representing social minority groups.
v) Within each group at least one woman would be included..
b) Selecting the House of Representatives Chamber:
In accordance to relevant articles of the Libyan constitution and in spite of the provisions of Article 101 of the constitution, the National Assembly members will form the Constitutional Transitional House of Representatives.
Therefore, and in accordance to Article 93 of the Libyan constitution, the appointed senate chamber and the constitutional transitional House of Representatives chamber, will form the People’s Congress, until a national election can be held to elect new members to the house of representatives chamber in accordance to the Libyan constitution within a time period no later than eight (8) months from the date of reactivation of the constitution.
7. Amendment of the Constitution:
A national referendum will be held to determine the type of governance system desired by the Libyan people, and the constitution will be amended in accordance to the results of the referendum. The referendum will be held within the third year from the date of activation of the Libyan constitution.
The National Charter & Conference
A National Charter document will be issued that discloses the implementation details of the roadmap outlined above with a time-line for all steps involved over a 3 year period.
A call for a National Charter conference will be issued for Libyan key political and civic organizations such as civil society organizations, tribal leaders, reconciliation councils, municipal councils, and others to adopt the national charter as a political solution to the Libyan crisis and submit it to the House of Representatives and the General National Congrssl for approval and execution of its terms.
Prepared by National Directorate
The Return to Constitutional Legitimacy Movement (RCLM)