Libya
Libya
| Right | Section | Contents |
|---|---|---|
| Freedom of Association | History | Freedom of association is protected under Article 26 of the 1951 Libyan Constitution: “Freedom of peaceful association shall be guaranteed, and the exercise thereof shall be regulated by law. Secret societies and associations that aim to achieve political goals through organizations of a military character are prohibited” (World Constitutions Illustrated). "Constitution of the Kingdom of Libya of 1951," [Constitution of the Kingdom of Libya of 1951] (1951): 1-26 |
| Freedom of Expression | History | The concept of freedom of expression in Libya was formally recognized in the Constitutional Proclamation of 1969 following the coup that brought Muammar Gaddafi to power. Article 13 of the proclamation states: “Freedom of opinion is guaranteed within the limits of public interest and the principles of the Revolution.”
The Constitutional Declaration of 2011, following the fall of Gaddafi, more clearly and robustly asserts the right to freedom of expression. Article 14 of this declaration states: “The State shall guarantee freedom of opinion, individual and collective expression, research, communication, press, media, printing and editing, movement, assembly, demonstration and peaceful sit-in in accordance with the statute.” The declaration also guarantees the freedom to form political parties and civil societies, regulated by law (Article 15). References: "Libyan Constitution 1969," ConstitutionNet, accessed June 11, 2024, https://constitutionnet.org/sites/default/files/1969_-_libyan_constitution_english.pdf "Libyan Constitution 2011," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Libya_2011. |
| Freedom of Religion | History | Article 21 of Libya’s 1951 Constitution contains the first assertion of freedom of religion in the state’s independent history. However, Libya has gone through significant changes in government since the founding of this document. Under the 2011 Constitution Article 6 grants freedom of religion and prohibits religious discrimination. Article 1 declares Islam the official religion of Libya.
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| Freedom of the Press | History | Article 23 of Libya’s 1951 Constitution originally protected press freedom: “Freedom of press and of printing shall be guaranteed within the limits of the law" (Constitutionnet, “Libya’s Constitution”). Today, Article 14 of Libya’s 2011 Constitution protects press freedom: “The State shall guarantee freedom of opinion, individual and collective expression, research, communication, press, media, printing and editing, movement, assembly, demonstration and peaceful sit-in in accordance with the statute" (Constitute Project, Libya’s Constitution of 2011 with Amendments through 2012” ). |
| Privacy Rights | History | The interim constitution of 2011 is the first to grant privacy rights. It does so in Articles 11-13. These articles protect homes, private life, and correspondence (Constitute Project, “Libya 2011 rev. 2012” ). https://www.constituteproject.org/constitution/Libya_ 2012? lang=en |
| Voting Rights and Suffrage | History | Under Article 18, The National Transitional Council is the electoral body responsible for electing the President of Libya. This council consists of members of the local councils throughout the country. (Constitute Project, Libya’s Constitution of 2011 with Amendments through 2012” ). |