Talk:Libyan interim Constitutional Declaration
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[edit]ok, so the translation which turned up on the internet is completely unreferenced, but at first glance it appears to be reasonably accurate and can be used as a guide for those not fluent in Arabic. It still must be treated with care, as it will contain inaccuracies, and possibly mistakes. The only official document is of course the one in Arabic issues by the NTC. --dab (đł) 12:07, 30 August 2011 (UTC)
Of course the blogosphere picked up on the sharia part ("zomg, sharia, thanks Obama"), completely ignoring the bits about freedom of religion, human rights, civil rights, rule of law and women's rights. There isn't a single Arab state at this time that can boast these (except, perhaps, soon, Iraq), so if the promises made in this document can actually lived up to, it would mean that Libya would be the first Arab country to make a decisive step towards an enlightened, civilized state free of clan nepotism and authoritarian terror.
Now the sharia is specified as the principal source of legislation. This means that the sharia would be taken as a standard gauge to be applied by default. Obviously, in cases where the sharia collides with constitutionally asserted rights, such as the non-discrimination of religious minorities, the constitutional rights will trump the sharia, as there is a difference between principal source (among other sources) and overruling principle. As the Guardian points out, the declaration is pretty much 100% what Libya's western allies had hoped for. So the sharia is still the principal source of legislation bit must probably be understood as a concession to the Islamists who would otherwise start whining about how the document proves the NTC is the west's lackey. --dab (đł) 09:00, 31 August 2011 (UTC)
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Women's Rights
[edit]In article six of the translation listed as 'newer' at the bottom of the site, I find no reference to "the guarantee of the state upholding women's rights, granting full participation of women in politics" (copied from the article). The Constitutional Declaration says that "Libyans shall be equal before the law," and that "They shall enjoy equal civil and political rights, shall have the same opportunities, and be subject to the same public duties and obligations, without discrimination due to religion, doctrine, language, wealth, race, kinship, political opinions, and social status, tribal or eminent or familial loyalty." While sex/gender equality is implied under the first and (to an extent) second sentences, it is not explicitly put forth as the article implies (it is not listed in article six). I request that the article be modified to take into account this fact. In the interim, I've placed a 'dubious' tag on that section.  CKBrown1000 talk 18:29, 27 December 2011 (UTC)
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