The commission for the drafting of the Lybian constitution held its first meeting in the city of al-Bayda in April in the presence of 56 members respresenting the three Lyban Geographic regions. Two representatives of the Berber region boycotted the meeting in protest at the voting systsem, while no representatives were also present from troubled Darna, where no elections were held. 

The commission for the drafting of the Lybian constitution held its first meeting in the city of al-Bayda in April in the presence of 56 members respresenting the three Lyban Geographic regions. Two representatives of the Berber region boycotted the meeting in protest at the voting systsem, while no representatives were also present from troubled Darna, where no elections were held. 

The commission will tackle sensitive issues such as the shape of the state, the governing system and the rights of minorities. Correspondents visited the headquarters of the commission and interviewed Dr. Mustafa Dallaf, one of its members.

Correspondents: How would you describe the conditions surrounding your work here in the city of al-Bayda?

A: In general, the conditions are satisfactory. The security conditions are reasonable. We cannot claim that they are excellent because this is very unlikely. The security of al-Bayda is linked with the security of Libya, which is not yet stable, and this reflects on everybody, including the members of the commission.

The social conditions surrounding the work of the commission are good. The tribes of the al-Jabal al-Akhdar (Green Mountain) and civil society organizations are providing us with reasonable assistance, although we need more of this assistance. We want intensive social networking and we want people to participate in giving their opinions.

Correspondents: To what extent is there a consensus among the commission’s members?

A: There is full harmony between the members of the commission but of course there are also disagreements because every member has his own opinion. Within the commission and among the general public, there are those who want a parliamentary system, while others prefer the presidential system. Some favor the monarchy, others demand a republican system. These are legitimate conflicts, but our most important reference and guide is the voting of Libyans in the referendum. Our role is to draft the constitution and let Libyans decide on it.

Correspondents: How much of the constitution has been drafted? When do you expect to work to be completed?

A: We have come a long way. To be able to finalize our work, we have divided the constitution into chapters and each committee is discussing one of the chapters and is finalizing it by carefully studying and analyzing issues with care. The draft is expected to be ready either by the end of November or by the end of December 2014.

Although the last constitutional amendment by the February Committee (ED: the committee formed by the outgoing General National Congress (GNC) to develop a road map that would see an end to the GNC’s mandate) extended the work of the commission, in its first session held on April 21 2014 for another 18 months, we strive not to extend the duration of our work taking into account the feelings of the Libyan people.

Correspondents: What is the level of consensus on the shape of the state and the government system and what option looks the most likely to be chosen for the constitution?

A: The specialized committees are now doing their job. This subject hasn’t been fully examined by the commission and thus there isn’t yet any consensus on a specific option.

Correspondents: In your opinion, what is the most appropriate form and system of government?

A: This shall be determined by the Libyan people. Our task now is to acknowledge what the Libyan people want. None of the commission members can impose his opinion regarding the best system: This is unacceptable. We listen to the people and then we draft their opinions.  

Correspondents: Federalists are stressing the importance of holding a referendum on the shape of the state and the government system of each area or minority separately. Will this demand be taken into consideration?

A: The referendum method is not clear in the constitutional declaration and its amendments. It requires time and analysis. In the future, this will be decided upon according to the circumstances, which we hope will improve.

Correspondents: In your opinion, what are the basic rights of women and minorities that must be stipulated in the constitution?

A: The 1951 constitution of the Kingdom of Libya, which was amended in 1963, stipulated that “Libyans are equal before the law.” This means that all Libyans, males and females, Arabs, Amazigh, Berbers, Tuareg and Tebu have equal rights before the law. When we add this article, we will guarantee the rights of all Libyans.

But these small issues will make the commission busy with details and may in some cases lead to the challenging of some of the constitutional provisions before the courts. We will then have to make constitutional amendments.

“Libyans are equal before the law” is an all-inclusive text. Libyan women, who live in a conservative and a religious society governed by almost one doctrine, have to demand from the commission to stipulate these rights, in case they see that they are becoming neglected.

Correspondents: You gave the example of the 1951 constitution. Are we going to see the spirit of this constitution reflected in the one that is now being drafted?

A: We will use all constitutions, not only the 51 constitution, as references. We will use the 1963 constitution, the new and the old Egyptian constitutions and we will also use the constitution of Tunisia. Because we respect the founding fathers and the history lessons of Libya, we should also use the 51 and 63 constitutions as references.

Correspondents: You are a member of the local government committee and the centralization issue in the Libyan administrative system is one of the most controversial files. What can you tell us about this?

A: According to my convictions, the abolition of centralization is one of the important concerns for all the members of the Commission and for all Libyans. I don’t think that there is any Libyan who favors a pure centralized system. Only very few people still support centralization.

With respect to the Committee on Local Government, it is now gathering the views of citizens and studying them. We have received proposals from civil society organizations and there are individual proposals, and proposals from other organizations. We are now collecting them all. There are also the personal views of constitutional experts and administration experts who are members of the committee. We will come up with a non-binding proposal to be further studied by the commission and then it will be published for the people to express their views. However, the indisputable issue is that administrative decentralization is something that has already been settled.

Correspondents: Why did the commission allocate one full chapter for the army and the police? What should this chapter contain?

A: The allocation of one chapter for the army and the police is not something new. All constitutions tackle the issue of the army and the police, and as we know, there are three pillars of state. These are: the judiciary, the police and the army.

We should address the issue of the army and police in the same way we address the issue of the judiciary, on the condition that the army does not have supremacy over power. There should also be guarantees in the constitution to prevent the army from assaulting the legislative and executive authorities.

Correspondents: What are these guarantees?

A: The defense and interior ministers should be headed by civilians, and the army should be loyal to God and the nation and not to the head of the state, the House of Representatives or to one of the political parties. The nature of the political system will determine the kinds of guarantees. We cannot distance the state from what is being applied in other countries such as political parties. Democratic states have a party system. Moreover, the ministers of defense and interior should not be members of any ruling or opposition parties.

It should be noted that the guarantees are not only legal. They could also be economic and social because we do not want an army which could jump to power.