Draft Constitutional Charter for the Transitional Stage: The Constitutional Declaration

Country/entity
Libya
Region
Middle East and North Africa
Agreement name
Draft Constitutional Charter for the Transitional Stage: The Constitutional Declaration
Date
03/08/2011
Agreement status
Agreement with subsequent status
Agreement/conflict level
Intrastate/intrastate conflict (Libyan Conflicts (1969 - 1994) (2011 - )
Agreements relate to two distinct conflict dyads.
Libya-Chad. Since the 1970s, Libya under Colonel Muammar Gaddafi had a tense relationship with its neighbour Chad, predominantly focused on the resource-rich Aouzou Strip in northern Chad. Libyan claims of the Aouzou Strip were held in an un-ratified treaty between France and Italy in 1935, similarly Chadian claims of the Strip were argued with support of a 1955 treaty between Libya and France. In 1973, Libya effectively annexed the Strip to gain access to natural resources. This spurred cross-border clashes between 1979 until 1987 until escalated to a brief war known as the Toyota War, wherein Chadian government troops succeeded in repelling Libyan forces. A brief and repeatedly violated ceasefire was held from 1987-88, followed by a series of unsuccessful negotiations, until an International Court of Justice ruling in 1994, which granted sovereignty of the Strip to Chad.

Libya post-Gaddafi. Gaddafi’s downfall following the Libyan Civil War in 2011-2012, led to several factions fighting for the country’s leadership. Since 2013, the country effectively split into three entities, with the National Army controlling the east including the city of Benghazi, and the New General National Congress and their militias such as the Golden Dawn controlling the northwest including the capital of Tripoli. Significant portions of the country in the south-west are currently held by Tuareg forces.

Libyan Conflicts (1969 - 1994) (2011 - ) )
Stage
Framework/substantive - comprehensive (Constitution)
Conflict nature
Inter-group
Peace process
46: Libyan transitional process
Refers to the initial transition process agreements following the first civil war between February and October 2011.
Parties
The Interim Transitional National Council
Third parties
Description
Constitutional declaration laying out a roadmap for the establishment of a constitutional government, places the Interim Transitional Council as the central political body until Tripoli is liberated, after which it will establish itself there and form an interim government which will provide the framework for the election of a National Public Conference. The document also provides a wide scope of rights to citizens.

Agreement document
LY_110803_Draft Constitutional Charter for the Transitional Stage.pdf

Main category
Page 3, Part One: General Provisions, Article (5)
... The State shall guarantee the protection of motherhood, childhood and the elderly.

Page 6, Part Three, Form of State Governance during the Transitional Stage: Article (21)
A member may neither be appointed in a Board of Directors of any company nor may he contribute to obligations made by the government or made by one of the public institutions. Further, during the term of his membership, the member, his wife or his sons may not buy or rent any State property or lease or sell to or barter with the State any of his own property, or conclude a contract with the Sate in his capacity as obligator, supplier or contractor.

Women, girls and gender

Participation
No specific mention.
Equality
Social equality
Page 3, Part One: General Provisions, Article 5
...
The State shall guarantee the protection of motherhood, childhood and the elderly.
Particular groups of women
Pregnancy/maternity
Page 3, Part One: General Provisions, Article (5)
... The State shall guarantee the protection of motherhood, childhood and the elderly.
International law
No specific mention.
New institutions
No specific mention.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh