The House of Representatives approves the 12th constitutional amendment by an absolute majority of 126 out of more than 147 deputies.
Pulbished on:Tobruk, 10 February 2022 (Lana) The House of Representatives passed the 12th constitutional amendment by an absolute majority of 126 out of more than 147 deputies.
The full text of the law is as following.
The House of Representatives: -**
Having taken note of:
*The provisional constitutional declaration issued on August 3, 2011 and its amendments.
*The Libyan political agreement of 2015/12/17.
* Law No. (10) of 2014, regarding the election of the House of Representatives in the transitional period and its amendments.
* Law No. (4) of 2014, on the promulgation of the rules of procedure of the House of Representatives. ]
* The conclusions of the Joint Committee between the House of Representatives and the High Council of State.
-Issued the following amendment: -
Article (1)
Text of Provision No. (12) of article (30) of the Constitutional Declaration shall be amended as follows:
1- A committee of 24 experts and specialists shall be formed from the three historical geographical regions with equal representation, to be selected by the Houses of Representatives and the High Council of State on 50/ 50 basis, taking into account cultural diversity, to be assigned with reviewing the controversial articles in the draft constitution completed by the Constituent Assembly and makes possible amendments to it, and it is entitled to seek the assistance of whoever it deems helpful.
2. At its first meeting within two weeks of the date of the issuance of this amendment or chaired by the oldest member, it shall elect by secret ballot a President, Deputy and Rapporteur, and sets out the internal regulations governing its work.
3- The Committee's meetings are valid only in the presence of two thirds of its members and its decisions are issued by a two-thirds plus one majority of the attendants.
4- The Commission shall be headquartered in Al-Baidha city and may hold its meetings in any other city.
5- The Committee shall complete the amendments within forty-five days from its first meeting within 15 days of the date of the amendment, the draft constitution shall be referred directly to the High National Election Commission for a referendum, and if the amendments cannot be made after the end of this period, a committee formed by the House of Representatives and the High Council of State shall prepare within a maximum of one month, a constitutional rule and electoral laws binding to the parties for a single presidential and parliamentary session, and the draft constitution completed by the Constituent Assembly shall be referred to the new legislature.
6- If the Libyan people approve the amended draft constitution with a majority of half plus one for each of the three geographical regions, a constitution of the country is adopted and referred to the House of Representatives for promulgation.
7- If the result of the referendum is (no), the Constituent Assembly will amend it and put it back to a referendum by a majority of half plus one, as stipulated in paragraph 6 within 60 days of the date of the announcement of the results of the first referendum, and if the amendments cannot be made in the specified period, or the result of the second referendum was (no) the Constituent Assembly shall be dissolved and the House of Representatives and the High Council of State, through consensus, undertake put in place a provisional constitutional rule for one parliamentary session, during which the legislative authority approves a permanent constitution for the country.
8- The House of Representatives issues the referendum law and general election laws in consensus with the High Council of state on constitutional grounds.
9- The High National Election Commission is reconstituted, corrects its legal status and conducts referendums and general elections under the supervision of the national judiciary and under local and international monitoring.
10- The Final results of the elections are endorsed by the High National Election Commission, announced and deemed operational by the new legislature 30 days after the final election results are announced, and in its first meeting the House of Representatives and the High Council of State are dissolved and the new legislature performs its functions in accordance with the Constitution.
11- With the first meeting of the legislature, the Government shall be considered a caretaker government until a new Government is approved in accordance with the Constitution.
Article (2): - This amendment shall be carried out from the date of its issuance and shall repeal any provisions that violate it, and shall be published in the Official Gazette.
The House of Representatives