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Constitutional Drafting Assembly in False pregnancy


By: Abdul-Razzzg Dahish*

False pregnancy doesn’t need nine months for the truth to appear,

Abdul-Razzag Dahish
Abdul-Razzag Dahish

but only needs our understanding for three reasons to find out that the Constitutional Drafting Assembly is in False pregnancy and incapable of procreating a half paraplegic constitution, even if it has been hurting in the natal lounge for nine years. Reasons are not related to its president performance nor its members enthusiasm or Libyans’ patience, but related to the formation of the assembly itself, and most importantly the absence of foundation rules. 20-20 quotas, turned them into regional representatives who raised territorial extortion ceiling to a degree that others have not much room for compromise.

Choosing CDA through ballot boxes made it a parliament for constitution drafting more than just technical drafting committee. Then, the absence of ruling principles that should be put on voting, prior to that, it was an outcome of community dialogue, those are the answers for four important questions about four controversial issues- do we need it secular society with Citizenship values, moral relativism and the art of disagreement, the right to wrong, or we do need religious theocracy country, with Mufti guardianship under the name of Sharea and other slogans that coax religious emotions?

Or, may be federal state with three or more regions? Presidential or parliamentary republic. Or anarchy that can’t, for no reason, be constitutional? Do we need a unified state with multi communities, or one state with multi cultures? So we can deal with amazigh and Tabu (these need a wide range of community dialogue, before general constitution around controversial issues to adopt ruling principles, after that we can choose aware committee, of no special interest, to draft the constitution in a better environment).

South Africa after racism needed to be in open discussions for whole seven years so that a fractured country could be more cohesive, after it knew how to come in terms with the past to establish for the future. During those seven years, constitution assembly communicated with nearly 70% of communities across the south, and received more than 2 million papers with opinions of more than two million people, around a constitution that is supposed to be great, which was like that.

*A Libyan Writer