Law No. (2) of 2001 on organising political and consular work

Law No. (2) of 1369 FDP

on organising political and consular work

The General People’s Congress,

• In implementation of the resolutions of the Basic People’s Congresses in their annual session of 1368 FDP;

Upon review of:

• The Declaration on the Establishment of the Authority of the People;
• The Great Green Charter of Human Rights in the Jamahiriyan Era;
• Law No. (20) of 1991 AD on the promotion of freedom;
• Law No. (1) of 1369 FDP on on the People’s Congresses and the People’s Committees;
• Law No. (55) of 1976 AD on civil service and amendments thereto;
• Law No. (39) of 1977 AD on organising the Ministry of Foreign Affairs and the political and consular corps;
• Law No. (13) of 1980 AD on social security and amendments thereto;
• Law No. (15) of 1981 AD on the salary system for national employees of the Socialist People’s Libyan Arab Jamahiriya;
• Law No. (3) of 1985 AD on the rules for the cleansing of administrative units;

formulated the following Law:

Article (1)

Definitions

In the application of this Law, the following terms shall have the meaning opposite each wherever found:

1. Sector: The body tasked with implementing the resolutions of the Basic People’s Congresses in the area of foreign policy.
2. Committee: The Sector’s General People’s Committee.
3. Secretariat: The Secretariat of the Sector’s General People’s Committee.
4. Committee Secretary: The Secretary of the Sector’s General People’s Committee.
5. Office: The brotherhood bureau, people’s bureau, relations office, general directorate, resident delegation or political delegation.
6. Office Secretary: The secretary of the people’s committee of a brotherhood bureau, people’s bureau or relations office, a delegate general, resident delegate or head of a political delegation.

Chapter (1)

Duties of the Sector’s General People’s Committee

Article (2)

The Sector’s General People’s Committee shall hold competence to implement the resolutions of the Basic People’s Congresses in the area of foreign policy, international relations and all international cooperation. In particular, it shall undertake the following:

1. Promote Jamahiriyan theory: Publicise the policies and positions of the Great Jamahiriya, with regard to all regional and international issues, highlight its civilisational achievements both domestically and abroad and coordinate with the bodies related to implementing and monitoring foreign affairs work.
2. Defend the rights and interests of the Great Jamahiriya: Provide various services, care and protection to Libyan citizens abroad, and monitor Libyan students sent abroad to study.
3. Work to encourage Libyan investors to invest abroad and encourage foreign investors to invest in Libya.
4. Communications: Prepare studies that aim to develop and improve political, economic, commercial, media, cultural, scientific, technical and other relations with other countries, and supervise Libyan schools and cultural centres and all institutions and Libyan contributions abroad.
5. Work to link people’s relations with other bodies, and build bridges for dialogue and cooperation, especially in the cultural, technical and social fields.
6. Participate in bilateral and multilateral talks and in meetings and activities of regional and international assemblies, bodies, conferences and organisations, document and monitor the implementation of treaties, agreements or agreement proceedings and the like reached and coordinate with the related bodies with regard thereto.
7. Monitor and analyse political, economic, social and other developments and assess their ramifications on Libya, in particular, and on regional and international circumstances in general.
8. Study changes occurring regionally and internationally and submit proposals to assist in establishing the appropriate policies to deal with these changes.

Article (3)

The Sector’s General People’s Committee shall perform its activities through the following administrative units:

1. Secretariat of the Sector’s General People’s Committee
2. The Committee’s administrative unit
3. Offices
4. General consulates

Chapter (2)

Functions of the Sector’s General People’s Committee

Article (4)

The Secretariat of the Committee and the offices and delegations affiliated thereto shall be deemed one free-standing administrative unit for the purposes of employment, seniority and promotion.

Article (5)

Offices shall be established and abolished by a decree from the Secretariat of the General People’s Committee, based on a submission from the Secretariat of the Sector’s General People’s Committee, in coordination with the Secretariat of the General People’s Congress.

An office’s area of competence shall be the region of the country or countries approved therefor or as set out in the treaties or agreements entered into in this regard.

Article (6)

Offices shall be managed by people’s committees. Administrative job titles and grades for offices shall be determined as follows:

1. Expert, grade 13
2. Assistant expert, grade 12
3. Consultant, grade 11
4. Assistant consultant, grade 10
5. Clerk, grade 9
6. Assistant clerk, grade 8

The implementing regulations of this Law shall set out the formation of the office’s people’s committee, the competencies of its secretary and members and the financial treatment thereof.

Chapter (3)

Consular Affairs

Article (7)

General consulates shall be established and abolished by a decree from the Secretariat of the General People’s Committee, based on a submission from the Secretariat of the Sector’s General People’s Committee. It shall be affiliated to the authorised secretary of the office’s general people’s committee in the country or countries in whose scope these offices fall, and its members shall be subject to the supervision thereof.

Article (8)

Administrative job titles and job grades for general consulates shall be determined as follows:

1. General consul, grade 13
2. Expert, grade 13
3. Assistant expert, grade 12
4. Consultant, grade 11
5. Assistant consultant, grade 10
6. Clerk, grade 9
7. Assistant clerk, grade 8

The implementing regulations of this Law shall set out the manner in which the position of consular-general shall be filled in the event of his absence or inability to perform his job.

Article (9)

Under a decree from the Secretariat of the General People’s Committee, based on a submission from the Secretariat of the Sector’s General People’s Committee, non-Libyan honorary consuls may be appointed in accordance with the terms and conditions set out in the implementing regulations of this Law.

Article (10)

Under a decree from the Secretariat of the General People’s Committee, based on a submission from the Secretariat of the Sector’s General People’s Committee, the interests of the Great Jamahiriya may be assigned to another country’s political or consular delegation in one or more countries.

Article (11)

General consulates shall protect and assist citizens of the Great Jamahiriya, provide services and civil and social care thereto and safeguard all interests of the Great Jamahiriya.

The implementing regulations of this Law shall set out the competencies of consular work and the records allocated to recording the names of citizens of the Great Jamahiriya residing within its area of competence, registration procedures related to consular affairs, the fees collected for the provision of such services, cases of exemption therefrom and other consular matters.

Chapter (4)

Appointment to the Sector

Article (12)

In addition to the conditions for appointment to public office, the following conditions must be met by those appointed employees at the Sector:

1. Hold a university credential
2. Familiar with and committed to Jamahiriyan theory and abreast of world affairs
3. Proficient in a foreign language
4. Not married to a foreigner
5. Physically fit
6. Undergo an entry exam to confirm they meet the preceding requirements

The implementing regulations of this Law shall set out the rules and procedures required to achieve such.

Chapter (5)

Delegation Affairs Committee

Article (13)

A delegation affairs committee for employees sent abroad to work shall be established at the Secretariat of the Sector’s General People’s Committee. The implementing regulations of this Law shall set out the manner in which this committee shall be formed, its membership and competencies and the procedures governing its work.

Article (14)

Employees of all bodies shall be sent to work abroad pursuant to a decree from the Secretariat of the General People’s Committee, based on a submission from the Secretariat of the Sector’s General People’s Committee. Employees shall be sent to work abroad for a maximum period of four years. No one previously sent to work abroad may be sent abroad again before they have spent the same period in Libya that they spent working abroad.

The implementing regulations of this Law shall set out the procedures related to delegation and secondment of the Sector’s workers to work at public bodies in the country and international agencies and bodies or organisations, and the provisions related to their leaves and being sent on training delegations.

Article (15)

Assignment to work in offices abroad shall be from among those popularly selected, and employees of the Secretariat of the Sectors’ General People’s Committee, in accordance with the rules and controls set out in the implementing regulations of this Law.

Employees of other public bodies may be appointed or seconded to fill such positions, in accordance with the terms and conditions set out in the implementing regulations of this Law. While performing their work at offices abroad, such persons shall be affiliated to the Sector’s General People’s Committee. The same administrative and financial regulations and rules and the benefits in place for those equivalent thereto among the employees of the Sector’s General People’s Committee shall apply to such persons, taking into consideration the grade of their original position.

Article (16)

1. Based on a submission from the Secretariat of the General People’s Committee and a proposal from the Secretariat of the Sector’s General People’s Committee, the Secretariat of the General People’s Congress shall form people’s committees for the offices from among those popularly selected. The secretaries thereof shall be selected from among the members of these committees or others meeting the requirements set out in this Law.
2. The Secretary of the General People’s Congress shall sign the documents approving the secretaries of the offices’ people’s committees for countries and regional and international organisations.
3. The delegation, withdrawal and termination of the work term of secretaries and members of the offices’ people’s committees shall be issued pursuant to a decree from the Secretariat of the General People’s Congress, based on a submission from the Secretariat of the General People’s Committee.

The work term of secretaries of offices’ people’s committees may be extended under a decree from the Secretariat of the General People’s Congress.

The implementing regulations of this Law shall set out the detailed procedures for the implementation of this Article.

Article (17)

The offices’ people’s committees shall monitor relations between Libya and the countries and organisations accredited thereby, monitor the activities of Libyan delegations irrespective of the type of task they perform, and supervise all Libyan bodies that work within the area of competence of these offices.

Article (18)

During their work abroad, delegates sent for work shall be granted an expatriate allowance, a housing allowance, and a travel allowance, and they and their family members shall be granted education expenses, treatment costs, and transportation expenses, within the limits and under the conditions set out in the implementing regulations of this Law.

Chapter (6)

Duties of Employees of the Sector’s General People’s Committee

Article (19)

Prior to commencing the duties for which they were selected, secretaries and members of the offices’ people’s committees shall swear a legal oath before the Secretariat of the General People’s Congress, as follows:

“I swear by God Almighty to adhere to the principles and goals of the Great 1 September Revolution, to faithfully maintain the authority of the people, protect the nation’s interests, respect the law, and perform my job with care, honesty, and precision.”

Prior to commencing the duties of their position, Sector employees shall also swear the legal oath set out in the aforementioned Civil Service Law issued under Law No. (55) of 1976 AD.

Article (20)

All those assigned to work at the Sector, domestically or abroad, shall perform their activities with trustworthiness, devotion and precision, maintain the honour and dignity of their positions, demonstrate the appropriate appearance, and not disclose information or clarifications on issues that should remain confidential due to their nature or under special procedures. The commitment to non-disclosure shall remain in force after they leave their positions.

The implementing regulations of this Law shall set out the provisions and prohibitions related to the duties of Sector employees and the disciplinary system with regard thereto.

Chapter (7)

Termination of Service

Article (21)

The service of a Sector employee shall end for one of the following reasons:

1. Death
2. Reaching retirement age
3. Resignation
4. Establishing that they are not physically fit to serve
5. Lack of competence to fill the position in accordance with the Law
6. Dismissal under a disciplinary decision
7. Loss of Libyan nationality
8. Working for a foreign government, institution, body or agency without permission
9. Marriage to a foreigner
10. Being convicted of a felony or a crime of moral turpitude

Chapter (8)

Passports

Article (22)

Political passports shall be issued for persons holding the following positions:

1. General Coordinator for Libya’s Social People’s Leadership
2. Secretariat of the General People’s Congress
3. Secretary of the General Planning Council
4. Secretariat of the General People’s Committee
5. Head of the Supreme Court
6. Head of the People’s Court
7. Prosecutor-General
8. Head of the People’s Prosecution Bureau
9. Secretary of the General People’s Committee of the People’s Oversight Authority
10. Governor of the Central Bank of Libya
11. Secretary of the Internal Security Agency
12. Secretary of the External Security Agency

The implementing regulations of this Law shall determine the validity period of these passports and the necessary conditions therefor.

Spouses of the persons mentioned in this Article shall be issued political passports.

Article (23)

Temporary political passports shall be issued for persons holding the following positions:

1. Assistant Secretaries of the Sector’s General People’s Committee
2. Assistant Secretary of the General People’s Committee for the People’s Oversight Authority
3. Deputy Governor of the Central Bank of Libya
4. Secretaries of the offices’ people’s committees, their assistants, and general consuls
5. Libyan delegates at regional and international organisations
6. Experts and their assistants, consultants and their assistants and clerks and their assistants assigned to work abroad
7. Libyan employees seconded or assigned to work at regional and international organisations
8. Political despatch box couriers
9. Persons delegated and assigned to special duties

The implementing regulations of this Law shall identify the persons delegated and assigned to special duties.

Spouses of the persons mentioned above shall also be issued temporary political passports. Passports issued temporarily shall expire with the end of the task or position for which the passport was issued.

Article (24)

Special passports shall be issued for persons holding the following positions:

1. Counsellors at the Supreme Court and heads of the Court of Appeal
2. General Coordinators for the Social People’s Leadership in the districts or regions
3. Secretaries of people’s congresses in the districts, and secretaries of people’s committees in the districts
4. Secretaries of general professional associations, syndicates and federations
5. Secretaries of the people’s committees of universities

Special passports shall expire at the end of the duty or position for which the passport was issued.

Article (25)

Political or special passports shall be issued without fees. The implementing regulations of this Law shall set out the passport specifications, the data the passports must contain, the body holding competence to issue and renew such passports, the conditions for their issue to non-Libyans and their validity period and manner of withdrawal.

Chapter (9)

General Provisions

Article (26)

The accreditation of ambassadors and heads of foreign political delegations in Libya shall be accepted by the Secretary of the General People’s Congress.

The implementing regulations of this Law shall set out the procedures and protocol governing such.

Article (27)

1. Communication with all administrative units, public companies, institutions and bodies and civil and people’s organisations in the governments of foreign countries or their embassies or political delegations and regional and international organisations shall be through the Secretariat of the Sector’s General People’s Committee.
2. Communication with the governments of foreign countries or their embassies, political delegations or regional or international organisations at the bodies mentioned in the preceding paragraph shall be through the Secretariat of the Sector’s General People’s Committee.

Article (28)

The Secretary of the Sector’s General People’s Committee shall have the right to issue political and special visas.

Article (29)

The status of current employees working at the Sector shall be settled in accordance with this Law, within a period of not more than one year from the date of its issue.

Article (30)

Where no special provision is made in this Law or the implementing regulations thereof, the aforementioned Law No. (55) of 1976 AD, amendments thereto and regulations issued pursuant thereto shall apply to Committee employees.

Article (31)

All political and special passports issued to categories not set out in this Law shall be revoked.

Article (32)

The implementing regulations of this Law shall be issued under a decree from the Secretariat of the General People’s Congress.

Article (33)

Law No. (39) of 1977 AD organising the Ministry of Foreign Affairs and the political and consular corps shall be repealed, as shall legislation regulating political and special passports and any provision conflicting with those of this Law.

Article (34)

This Law shall come into force on the date of its issue, and shall be published in the Legal Register.

The General People’s Congress – Libya

On: 22 March 1369 FDP