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Chapter Five- Constitutional Court

Article 135: Independence of the Constitutional Court

A Constitutional Court shall be established to enjoy legal personality as well as administrative and financial independence. It shall submit its draft budget to the legislative authority and its opinion shall be sought on draft laws that relate to it. Its members shall enjoy safeguards and advantages prescribed for members of the judiciary. Its headquarters shall be in Sabha and it may hold its hearings and practice its competences elsewhere in the country.

Article 136: Composition of the Court

The Constitutional Court shall comprise twelve members, including a president and a deputy. The Higher Judicial Council shall select six judges at the level of president at the Court of Appeals, the President of the Republic shall select three members, and the legislative authority shall select three members. Those selected by the President and legislative authority shall be experienced attorneys, who hold as a minimum an advanced degree in the areas of law, political science, and Islamic Sharia, and who are not members of the judicial authority. Their practical experience in their area of expertise shall be no less than twenty years. The President and deputy of the Court shall be among the members selected by the Higher Judiciary Council through its General Assembly.

Vacant memberships shall be filled by the same selection authority and in accordance with the same criteria. They shall all be designated by a decree issued by the President of the Republic.

Article 137: Oath of the Constitutional Court members

The Constitutional Court member shall take his oath before the Shura Council prior to assuming his duties according to the following formulation: In the name of the Almighty God, I swear that I will be faithful to God and the homeland, I will respect the Constitution and the law, and I will perform my duties with honesty and sincerity.

Article 138: Terms of Membership

It is required that members of the Court be Libyans, who hold no other nationality, not married to a foreigner no less than forty five years of age and not affiliated with any political party. It shall not be permissible to exercise any other function or work during their membership in the Court. Membership shall last eight years for one term, and half of them shall be renewed every four years according to the principle of rotation. Workflow procedures, rights and duties of the members of the court and other functional affairs shall be regulated by law.

Article 139: Competences of the Court

The Constitutional Court shall have the exclusive jurisdiction over the following:

1- Judicial oversight of the constitutionality of laws and regulations of the House of Representatives and the Senate.

2- Consideration of the constitutionality of constitutional amendments procedures.

3- Litigation relating to failure of the legislative authority to fulfill its constitutional obligations.

4- Challenges against the presidential elections.

5- Decision on disputes arising from the implementation of its sentences.

6- Review of international treaties and conventions referred thereto by the Senate prior to ratification.

7- Review of electoral and referenda laws before their issuance.

8- Review of laws ruled unconstitutional before their issuance.

9- Any other area of jurisdiction prescribed by the Constitution.

Article 140: Sentences and Decisions of the Court

The Court shall render justified rulings and decisions by majority. The Court may reverse the principles it established as specified by law.

Article 141: Appeal before the Court

Any individual with an interest may resort to the Constitutional Court to challenge, whether directly or via serious motion, the unconstitutionality of case that is being considered before the courts, as regulated by the law.

Article 142: Authority of Sentences and Decisions of the Court

The rulings and decisions of the Constitutional Court shall be final and binding for all, and shall be published in the Official Gazette. Any text ruled as unconstitutional by the Court shall lose its binding force on the day following the publication of the ruling. The Court may, on exigent basis, determine the effective date of the ruling of unconstitutionality.

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Libya Constitution Chapter Five - The Libya Observer

Libyas eastern-based government joined Saudi Arabia, the United Arab Emirates, Bahrain and Egypt in cutting ties with Qatar in June, with Foreign Minister Mohammed al-Deri asserting that Doha was harboring terrorism. The move reflected longstanding grievances expressed by Libyas non-Islamist forces about Qatars sponsorship of extremists in the war-torn country. And while the meddling in Libya doesnt get a lot of coverage, it remains one of the key grievances of Qatars foes in the current diplomatic crisis.

Since the 2011 revolution, Libya has been the site of a rather nasty proxy war. The UAE, Saudi Arabia, Egypt, and other traditional Gulf states have backed the eastern-based government and Khalifa Haftars Libyan National Army (LNA). Seeking a more Islamist order in Libya, Qatar and Turkey backed the Muslim Brotherhood, and more recently, the Tripoli-based General National Congress (GNC).

According to press reports, Qatar has been sending massive amounts of weapons and cash to Islamist militants battling the Western-backed government in Libya. A March 2013 U.N. report noted that in 2011 and 2012, Qatar violated the U.N. arms embargo by providing military material to the revolutionary forces through the organization of a large number of flights and the deliveries of a range of arms and ammunition.

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And according to another report in the Egyptian al-Masry al-Youm, Doha has provided more than 750 million euros ($890 million) to extremist groups in Libya since 2011. Arab officials believe that this assistance arrives in Western Libya by way of a commercial airline that is bankrolled by Qatar.

But the Arab states are not simply bothered by Qatars support for garden variety Islamists. They allege that Qatar is directly backing the worst of the worst. And they appear to be correct.

According to Kristian Coates Ulrichsen of the Baker Institute for Public Policy, Qatar developed close links with key Islamist militia commanders [in Libya] such as Abdelhakim Belhadj, once the head of the Libyan Islamic Fighting Group and, in 2011, the commander of the Tripoli Brigade. The LIFG is an al-Qaeda affiliate group that was sanctioned by both the United States and the United Nations.

Belhadj twice met with Osama bin Laden, and he was detained by the CIA in 2004. He launched Hizb al-Watan in 2012, which Arab officials say has maintained close ties to LIFG and received continued support from Qatar.

Ulrichsen also notes the connection between Qatar and Ismael al-Salabi, the leader of one of the best-supplied rebel militias, the Rafallah al-Sahati Companies. Qatar was widely suspected of arming and funding al-Salabis group, whose sudden munificence of resources in 2011 earned it the nickname of the Ferrari 17 Brigade.

Libyans wave their new national flag (L) and Qatar's flag during a ceremony announcing the liberation for the country in the eastern city of Benghazi on October 23, 2011 three days after ousted despot Moamer Kadhafi was captured and killed. Abdullah Doma/AFP/Getty

Ismael al-Salabis brother, Ali al-Salabi, is a prominent Libyan cleric close to the emir of Qatar. One Egyptian source claims that he maintains close ties to the LIFG. This is a claim echoed by Arab officials familiar with the situation in Libya.

On June 8, the LNA held a press conference alleging proof of Qatars malign role in Libya. The LNA charged that Qatari intelligence General Salim Ali al-Jarboui supported al-Qaeda, the Islamic State, and the MuslimBrotherhood by transferring $8 billion from the Qatari Tunisian National Bank to the Housing Bank of Tataouine Governorate in southern Tunisia.

According to the LNA, Qatar supported the assassination of senior officials, facilitated training of Islamist extremists by Hamas, and helped transport Libyan Islamists to Syria. The LNA also presented a letter purportedly penned by Mohammed Hamad Al Hajri, acting charge daffaires at the Qatar Embassy in Libya, alleging that Qatar had deployed military units to the country.

In June, when Saudi Arabia, the UAE, Bahrain, and Egypt first issued their terrorist list of 59 individuals and 12 entities linked to Qatar, it included one entity (the Benghazi Defense Brigades) and five individuals from Libya. The LNA then released a second list of 75 Libyan individuals and nine organizations tied to Qatar. A third list, issued by the Arab states in late July, include two individuals and six organizations reportedly based in Libya. One highlight of the first list includes Al-Sadiq Abd al-Rahman Ali al-Ghiryani, who previously served the Grand Mufti of Libya, who has called for the destruction of the eastern government.

The allegations of Qatari malign behavior in Libya continue. The Libyan army spokesman just last week described Qatar, Sudan, and Turkey as the triad of terrorism in Libya. He also stated that, a number of Qatari aircraft are regularly landing in Libya in 2017 to support terrorist groups.

The Libyan war is not likely to be solved anytime soon. Nor is the Gulf crisis with Qatar, for that matter. But putting a stop to Qatars meddling in Libya might make it easier to solve both.

Jonathan Schanzer, a former terrorism finance analyst at the U.S. Department of the Treasury, is senior vice president at Foundation for Defense of Democracies.

Read more:
Qatar's Support of The Worst of the Worst In Libya Must End - Newsweek

Minister for Health, Omar Tahir, held a meeting Sunday morning with a delegation from the Turkish Ministry of Health represented by the head of the Department of International Health Policy Salami Kilitic.

The meeting also included the head of the Department of International Relations at Turkish Public Hospitals Authority (TKHK), Mohammad Bayram, and the Chairman of the Libyan Administrative Control Board, Nasr Ali Hassan.

During the meeting, both sides discussed means of cooperation to help in the operation of the newly completed Misrata Physiotherapy Center, the possibility of supporting it and providing it with the best medical staff and equipment necessary for its smooth operation.

Tahir praised the role played by Turkey in supporting the health sector in Libya, pointing to the high level of cooperation between the two countries in various fields and the remarkable development in Turkish hospitals.

The cooperation between the two countries in the health sector is not limited to receiving treatment for Libyan patients, private Turkish health companies should visit Libya to help in the field of healthcare. He said.

For his part, the head of the Administrative Control Board welcomed the Turkish delegation and any projects that support the health sector in Libya, stressing the need such projects in light of the conditions experienced by the country.

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Libya, Turkey review health cooperation - The Libya Observer

UN envoy to Libya Ghassan Salame attends a news conference with prime minister of Libya's Government of National Accord Fayez Al Sarraj in Tripoli, Libya on August 5, 2017. Reuters / Hani Amara

The new UN envoy to Libya faces a huge challenge in bringing peace to Libya following his first visit to Tripoli on Friday.

Ghassan Salame, a Lebanese academic and former culture minister, is hoping to persuade Libyan factions to accept the Joint Declaration, a peace deal made in Paris on July 25between head of the Government of National Accord, Fayez Al Sarraj, and Field Marshall Khalifa Haftar, military commander of the rival House of Representatives parliament.

The cornerstone of the declaration is a ceasefire to end Libyas three-year civil war, but this has failed to transpire, with combat continuing on a number of fronts.

After meeting with Mr Al Sarraj in Tripoli on Friday, Mr Salame told journalists: The time factor is very important here. Every passing day without a political agreement has negative security, economic and social consequences for Libyans.

Mr Salame is due to fly in the coming days to the House of Representatives base in Tobruk, hoping to find common ground between legislators there and the GNA presidency on forming a unity government, a key step in the Joint Declaration.

Tobruk legislators have so far refused to accept the GNA, saying it is not legitimate, and battlefield success has put the HOR in a strong position.

A series of military victories against pro-GNA militias have seen the field marshals Libyan National Army gain control of most of eastern and central Libya, giving the HOR authority over approximately two-thirds of the country. Those victories leave the House of Representatives and its leader, Field Marshall Haftar, in a strong bargaining position.

The GNAs position by contrast is weak. Since arriving in Tripoli in March 2016, it has failed to win popularity, and three of its original nine presidency members have quit. With no security force of its own, the GNA relies on militias for protection, but the Joint Declaration mandates that militias must disarm. So far, none have done so.

Publicly, the GNA insists a peace deal is possible.

We agreed that there is a need more than ever to reach an urgent solution to the crisis in Libya, so that we can end the suffering of Libyans, said Mr Al Sarraj following his meeting with Mr Salame.

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Read more:

The rise and rise again of Libya's Field Marshal Khalifa Haftar

New UN envoy to Libya vows 'respect' for sovereignty

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As he embarks on what is likely to be a round of shuttle diplomacy between the rival capitals in Tripoli and Tobruk, the last thing Mr Salame needs is a fresh cause of division. But that is exactly what he has got after the arrival last week of an Italian warship in Tripoli to support operations against migrant-smugglers.

The warship was invited by the GNA to support its coast guard in intercepting migrant-smuggling boats, but the HOR has declared the deployment a violation of national sovereignty. Field Marshall Haftar has instructed naval and air units to confront foreign warships operating without HOR permission in Libyan waters, without mentioning Italy by name.

Even the GNA is divided on the Italian deployment, with one presidency member, deputy prime minister Fathi Al Mejbari, calling on Friday for Rome to immediately stop the violation of Libyan sovereignty.

Italy insists its ships will assist Libyan units and take no direct role in operations against migrant-smugglers, but the ships arrival saw small protests in Tripoli with a number of Italian flags set on fire.

This led to the Italian embassy in Tripoli protesting against the reporting of the protests, tweeting on August 4: Stop spreading fake news [about] big protests in Tripoli. [Italy] committed to help [Libya] and wont listen to those who want chaos to continue.

Stop spreading #fakenews abt big protests in #Tripoli. committed to help & won't listen to those who want chaos 2 continue

One piece of good news for Mr Salame is that Libyas Constitutional Assembly, elected in 2014 to agree a new constitution, announced on July 31 that a draft of that constitution is finished. The draft calls for Libya to be governed by an elected president and two houses of parliament.

The problem is that this constitution cannot come into force until it gets a yes vote in a national referendum, and holding a referendum is likely to be impossible until all sides agree to a ceasefire.

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New UN envoy to Libya faces major challenge in bringing peace ... - The National

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The local council of the city of Derna have condemned the silence of official authorities in Libya to events in Derna. From the siege and starvation tactics, to the prevention of all necessities entering the city, which is forecasting a humanitarian and environmental disaster as all of the city's ports are shut down.The statement made by the council appealed to UN envoy Ghassan Salame and all the international organizations involved with Libya to intervene immediately and fulfill their responsibilities in lifting the siege.The council described what is happening in Derna as a war crime and genocide according to the statement.

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Hilal and Itihad qualified for the finals of the Libya Handball Championship after the first win over Shurta in Friday's game in Gharyan 18-17. Itihad managed to beat Al-Ahli 23-19 in the match held on Saturday in Gharyan without an audience due to riots between the fans of the two teams on Friday. The final between Hilal and Itihad will be held this evening in the in the city of Gharyan.

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The Libyan navy's spokesman, Brigadier Ayoub Qasem, stated on Saturday that 125 illegal immigrants were rescued off the coast of the Libyan capital Tripoli. The regular patrols of Tripoli's maritime base found a dilapidated boat with illegal immigrants 12 miles north of the capital city of Tripoli; they then rescued 125 migrants, including two women and seven children, all being of Sudanese nationality.

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The head of the office of the High Council for Reconciliation in the city of Derna, Khaled Makraz, warned of an impending humanitarian disaster in his city. Makraz requested that civilians should not be used as tools for political pressure or military gains between warring factions, holding the decision makers in Libya and the United Nations Mission in Libya, represented by its envoy Ghassan Salameh responsible for what could become a humanitarian disaster. Makraz also stated that the city of Derna is experiencing a severe shortage of food and water resources, and confirmed that the High Council for reconciliation is seeking to make direct contact between the two rivalling parties in an attempt to bring opposing views closer together.

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The United Nations High Commissioner for Refugees (UNHCR) in Libya has documented the presence of more than 240,000 internally displaced persons in the country up until August. In its monthly bulletin on its operations in Libya, the UNHCR said that it received only 23 percent of the required funding for the United Nations Development Fund. The UNHCR has reported the return of some 250,000 internally displaced persons to their cities since the beginning of the year and documented the arrival of more than 95 thousand illegal immigrants to Italy through Libya in that same period.

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The oil services company Schlumberger has returned to resume their activities in Libya according to sources at Sirte Oil and Gas Production Company. Schlumberger are currently carrying out their first contract after a cessation that lasted for more than three years. Sources also confirmed that the improved security situation and the desire by Sirte Oil and Gas Production Company to implement important foundation work were the main contributors in the return of most service companies to their sites in different fields.

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The Mayor of Central Tripoli Municipality and the Chairman of the Crisis Committee held a lengthy meeting with the management of the Tripoli General Services Company to discuss garbage collection from the streets and also certain hurdles facing the company. Although the company does not fall under the authority of the municipality, it works under the Ministry of Local Governance directly, in its allocations and management. The information office of the Municipality Council said that some of the solutions within the organization's plan, if implemented will fully contribute to the end of the crisis, especially in the period of Eid Al-Adha which is due soon.

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A cargo car collided with a Libyan Airlines plane at Burj Al Arab Airport in Alexandria, causing damage to the body of the plane. Witnesses said that as the plane was preparing to take off, the luggage carrier driver collided with the plane after unloading his cargo in the body of the aircraft, causing material damage. Witnesses also stated that the Egyptian maintenance engineers told the pilot that he could fly without problems, but the latter refused to take off until any maintenance necessary to maintain the safety of passengers was fully carried out.

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News Roundup - Sun, Aug 6, 2017 | The Libya Observer - The Libya Observer