Draft Libyan Constitution

Date: May 23, 2016

After reviewing the last draft constitution released by the Constitutional Drafting Assembly (CDA) on the 19^th of April 2016, a group of activists in civil society organizations (CSOs) working in the

field of the rights of persons with disabilities (PWDs) would like to point out to the items that have been incorporated within this draft as guarantees for the rights of PWDs. These amendments have been included in the draft by the CDA in response to the recommendations of these organizations and after a series of meetings and consultations between representatives of these organizations and members of the CDA in general and the CDA’s work committee specifically throughout the past months. These recommendations were presented by a working group consisting of Zaykom Zayna Organization for the Rights of PWDs, Do Not Despair Association for PWDs, the Libyan National Organization for the Development of PWDs, and Al-Tafa’ul (Optimism) organization for PWDs. This working group presented the recommendations on behalf of 62 CSOs and organizations specializing in the field of PWDs from all regions across Libya, which supported these demands and signed a petition that was delivered to all CDA members during the constitutional drafting process.

Our organizations highly value CDA’s responsiveness with the presented recommendations and its openness and positive interaction by amending the article related to the rights of PWDs, which is article 69 in the latest draft. The following are the most important amendments made in response to our recommendations:

· The adoption of the term “persons with disabilities” instead of “the disabled” in the title and body of the article. We had recommended this term as it is the term used in relevant international conventions & treaties, most significant among which is the Convention on the Rights of Persons with Disabilities. PWDs should be seen as persons first rather than defining them by their disabilities. We also recommended using this term since the concept of disability is still a developing one and because disability results from the physical and behavioral barriers that hinder their full and effective participation in society on an equal basis with others.

· The use of the expression “PWDs integrate” instead of “PWDs being integrated”. We had recommended the use of the active rather than passive form of the verb because it reflects a sense of equality away from guardianship.

· The inclusion of political rights along with the other rights ensured by the state for PWDs. We had asked that political rights be included with the other rights within the constitution to ensure active political participation for PWDs since they are considered to be one of the marginalized groups.

· The removal of the state’s commitment to establish an institutional framework to meet the needs of PWDs. We had recommended the removal of this framework since it contradicts with the principle of integration and indicates dealing with PWDs from a guardianship perspective and not from a rights perspective, also because the concept of “institutional framework” is unclear and could lead to further marginalization of PWDs and to exclude and isolate them from society and state institutions.

· Removal of the phrase “provide them with suitable working conditions”. We had recommended the removal of this part of the article since it contradicts with PWDs’ pursuit of integration in the labor market on an equal basis without any limitation to their chances and to avoid contradiction with the other articles within the constitution that requires providing job opportunities based on merit.

· Adding the state’s commitment to ensuring the accessibility of public and private spaces. We have recommended this to ensure that all institutions are accessible to PWDs, which would guarantee them the freedom of movement, access to public and private locations and integration within the society.

· Enhancing the principle of equality. Based on our recommendations, the CDA has added the phrase “on an equal basis with others” within the article to ensure the distribution of all rights equally with persons without disabilities.

· The comprehensiveness of rights. The CDA responded to our recommendation regarding the addition of the word “all” and “other” so that the article becomes: “the state is committed to guaranteeing all rights of PWDs medically, educationally, socially, politically, economically and other …”. This provides more guarantees of ensuring all rights, including those that were not included in the article.

The CDA also responded to the recommendations of the organizations represented by the working group in amending other article within the constitutional draft to ensure the rights of PWDs. The following are some of these amendments:

· The physical fitness requirement for running for presidency has been removed. We had asked for this requirement to be removed as it was a clear discrimination against PWDs (Article no 110 in the latest draft).

· The right to education (Article 60). The CDA added the state’s commitment to provide education according to the mental and educational capabilities and without any discrimination, they also added the state’s support for special education and these additions were included within the article based on the recommendations of PWDs’ organizations.

· The CDA included additional guarantees to prohibit discrimination based on disability in the article related to citizenship (Article 9) and the article related to the right of expression and publication (Article 45) in response to our proposal to add language prohibiting discrimination.

Our organizations appreciate CDA’s responsiveness with demands related to PWDs’ rights. We would also like to seize this opportunity to remind all involved parties and Libyan citizens of the importance of finalizing the constitutional process and of the dire need of a constitution that would achieve stability in Libya, organize the economic and social growth of the state, and unify all Libyans.

We would also like to urge relevant parties to take all necessary measures to facilitate the access and participation of PWDs in the anticipated constitutional referendum on an equal basis with others. This includes the law, regulations and decrees that will organize the referendum process. We would also like to acknowledge the response of the High National Elections Committee (HNEC) for the measures it has started taking with this regard regarding, including making the HNEC’s website accessible for PWDs.

Our organizations will continue advocating for the rights of PWDs in light of the principles to be set by the new constitution, as well as international standards. We will reach out to both citizens and governmental institutions to discuss awareness programs, reviewing legislations so they comply with these rights, and the ratification & implementation of relevant international conventions & treaties.