The Coalition of Libyan Human Rights Organisations responds to the Constitutional Drafting Assembly’s February draft constitution
The Coalition of Libyan Human Rights Organisations (the Coalition) is deeply concerned by the recent constitutional draft, published by the Constitutional Drafting Assembly (CDA) on 3 February 2016.
If adopted in its current form the draft would likely undermine fundamental human rights in Libya for generations to come due to the weak protections afforded to certain vulnerable groups such as women and ethnic, religious and political minorities. The Coalition therefore presents some of its urgent concerns and calls on those responsible to amend the draft in consideration of them.
The February 2016 constitutional draft is the result of the CDA’s efforts to revise and consolidate the recommendations its individual thematic committees produced in December 2014. The draft is currently under discussion by the CDA members, who have only recently had quorum to vote on each article.
The CDA is under increasing international and national pressure to finalise its efforts despite the draft’s inadequate human rights protections and the difficulty of holding a referendum freely participated in within the current security environment. In addition, the CDA has a duty to establish an inclusive document which is, approved by over two thirds of representatives of all of Libya’s people, as set out in the Constitutional Declaration. A final draft issued without this necessary approval would likely find its legitimacy severely compromised.
The Coalition is deeply concerned that many provisions in the rights and liberties section of the February 2016 constitutional draft have considerably weakened the protections offered in previous versions. The Coalition and several member states issued recommendations to Libya during its Universal Periodic Review to ensure that the constitution will guarantee human rights in compliance with international standards.