Resolution No. (5) of 1995 on issuing the executive regulation of Law No. (2) of 1423 FBP on organizing People’s Congresses

 

 

Resolution No. (5) of 1425 FBP on Issuing the Implementing Regulations of Law No. (2) of 1423 FBP on Organizing the People’s Congresses

 

Upon review of:

● Law No. (2) of 1423 FBP on Organizing the People’s Congresses;

● The General People’s Congress Resolution No. (1) of 1423 FBP on the Selection of the Secretariat of the General People’s Congress; and

● The minutes of the Secretariat of the General People’s Congress Meeting No. (1) in 1423 FBP,

 

The Secretariat of the General People’s Congress has decreed the following:

 

Article (1)

The Implementing Regulations of Law No. (2) of 1423 FBP on Organizing the People’s Congresses, enclosed herewith, shall be issued.

 

Article (2

This Resolution shall enter into force as of the date of its issuance and shall be published in the official gazette.

 

The Secretariat of the General People’s Congress

Issued on: 1 Ramadan 1404 FDP

Corresponding to: 1: January 1425 FBP

The Implementing Regulations of Law No. (2) of 1423 FBP on Organizing the People’s Congresses

Definitions

 

The short names below shall have the full names given thereto wherever the occur herein:

 

People’s Congresses: The Basic People’s Congresses

People’s Congress: The Basic People’s Congress

Congress: The General People’s Congress

Secretariat: The Secretariat of the General People’s Congress

Secretary: The Secretary of the General People’s Congress

Secretariat of the People’s Congress: The Secretariat of the Basic People’s Congress

Secretary of the People’s Congress: The Secretary of the Basic People’s Congress

 

Article (1)

The People’s Congress shall be made up of male and female citizens who normally reside within the jurisdiction thereof and meet the relevant membership requirements provided for in Law No. (2) of 1423 FBP on Organizing the People’s Congresses.

 

Article (2)

Each citizen shall have an ID card of the People’s Congress, where his principal place of residence is located, provided that the citizen meets the membership requirements provided for in the law. As a precondition, the People’s Congress meeting for nomination shall be attended only by those living within the jurisdiction of such People’s Congress and have a membership card thereof.

 

Article (3)

The geographical jurisdiction of the People’s Congress along with the minimum and maximum population shall be determined by virtue of a decision by the Secretariat. An exception to such a decision is made to People’s Congresses in remote areas, for which it is difficult to join the nearest People’s Congress due to long distance.

 

Article (4)

For the People’s Congress Secretariat, the number of members and nature of business shall be determined by decisions of the Secretariat in light of the organizational relationship therewith and the needs of each People’s Congress. The number of members shall not be less than three members, and their term of office shall be three years. Members shall be selected by means of direct nomination by the People’s Congress. Should the position of the People’s Congress Secretary or any of the Secretariat’s members become vacant, the People’s Congress shall select a replacement to complete the term of his predecessor.

 

Article (5)

By virtue of a decision by the Secretariat, committees with identified functions shall be formed, based on competence and morality of members, to oversee the nomination process. Such committees shall not include members of the People’s Congress to be overseen by the same during nomination. If a person wishes to nominate himself or others to be in the Secretariat of the People’s Congress or the People’s Committee thereof, he must submit an acknowledgment of the validity of the required data in the prescribed form.

 

Article (6)

By virtue of a decision by the Secretariat, committees with identified functions shall be formed, based on competence and morality of members, to oversee the nomination process. Such committees shall not include members of the People’s Congress to be overseen by the same during nomination. If a person wishes to nominate himself or others to be in the Secretariat of the People’s Congress or the People’s Committee thereof, he must submit an acknowledgment of the validity of the required data in the prescribed form.

 

Article (7)

The ordinary People’s Congress meetings shall be held twice a year. The People’s Congress may also hold extraordinary and emergency meetings. The dates of and invitations to such meetings shall be determined by the Secretariat in accordance with the provisions of Article (14) of Law No. (2) of 1423 FBP on Organizing the People’s Congresses.

 

Article (8)

The Secretariat of the People’s Congress shall select the members of the Preparation and Attendance Committee to operate under its supervision. Such Committee shall be concerned with preparing the venue of the People’s Congress meeting in one or more places, as required, along with recording and documenting the attendance and absence in the register prescribed for such purpose.

 

Article (9)

The Secretary of the People’s Congress shall inaugurate, manage and declare the closure of meetings with the help of the members of the People’s Congress Secretariat. In this context, they shall all work collectively and share the responsibility in an integrated manner. The People’s Congress shall select one of the Secretariat members to act on behalf of the Secretary in his absence. Meetings shall be managed while particularly taking the following into account:

a. Organizing the presentation and discussion of each item on the agenda in an orderly manner;

b. Giving the floor to speakers according to the sequence of requests; and

c. Alerting the speakers to adhere to the topic under discussion and expelling, at the discretion of the People’s Congress, anyone disrupts the order of meetings after giving them two warnings.

 

Article (10)

The People’s Congress shall select a meeting control committee and a drafting committee. Both committees shall be responsible for implementing the People’s Congress decisions on organizing the conduct of meeting and drafting relevant resolutions. Such responsibilities shall particularly include the following:

First: The Meeting Control Committee shall:

1. Maintain order in the meeting room and arrange the seating of members to ensure ease of movement in cooperation and coordination with the Preparation and Attendance Committee;

2. Receive, record and coordinate speaking requests, and assist the Secretariat of the People’s Congress in giving the floor to speakers, according to the sequence of requests, to ensure the management of a democratic dialogue; and

3. Allow the speakers to speak without interruption, except when there is a deviation from the topic under discussion, repetition or prolongation.

Second: The Drafting Committee shall:

1. Follow up the meeting progress and listen to and record discussions;

2. Select the form approved by the People’s Congress in each meeting; and

3. Recite the decisions and recommendations before the closure of the People’s Congress meeting.

 

Article (11)

In the closing session, all the resolutions and recommendations of the People’s Congress that were drafted during the meeting shall be recited after ensuring that they do not violate the laws, regulations and resolutions issued by the People’s Congresses.

 

Article (12)

Members nominated from the Congress and those nominated from the People’s Congresses shall perform their mandates as per the provisions of the applicable legislation, and they shall be held accountable for the following violations and errors:

1. Failure to implement the People’s Congresses resolutions as well as the laws and regulations promulgated in implementation thereof;

2. Violating the applicable laws, regulations and decrees, as well as the administrative systems in place;

3. Breaching the principle of equality and justice among citizens in terms of opportunities in general, and particularly for obtaining housing, building lands, agricultural lands, job opportunities, lending, licenses for economic activity, among others. This also includes breaching the principle of complying with the procedures set out in laws, regulations and decrees regulating such affairs;

4. Engaging in acts of mediation and nepotism and misusing official authority or influence to achieve a personal interest for himself or a third party with whom there is a relation of kinship, friendship or otherwise; and

5. Any other acts that a public official must not be engaged in.

 

Article (13)

By a decree of the Secretariat, a committee of the Congress’s nominees shall be formed to conduct an investigation with the nominees therefrom who are involved in any of the acts set forth in Article (12) of these Regulations. The decree shall identify the responsibilities of such a committee.

 

Article (14)

Upon completing the investigation, the committee shall submit a memorandum of the investigation findings to the Secretariat. If the allegations levelled against the accused are not established in the memorandum, the Secretariat shall direct acquittal. If convicted, the Secretariat shall impose on the accused a penalty as set out in paragraphs (1, 2, 3, 4, 5) of Article (17) of Law No. (2) of 1423 FBP on Organizing the People’s Congresses, depending on the severity of violation. In the event of imposing the penalty referred to in paragraph 5 of that Article, the Secretariat shall mandate another member to replace the suspended member.

 

Article (15)

A member who has been suspended under the provisions of Article (14) of these Regulations may appeal before the Secretariat through the Secretary. The Secretariat may decide upon the appeal either by abolishing the penalty or enforcing the suspension decision. The Secretariat shall instruct the Secretary to present the matter, including the appeal memorandum, before the Congress.

 

Article (16)

If the Secretariat decides to impose the penalty of exemption from popular action, it shall present the matter before the Congress in the nearest ordinary or extraordinary meeting thereof. If the Secretariat decides to deprive the member of popular nomination, the matter shall be referred to the People’s Court to try the Congress’s nominee for the accusation levelled against him. Upon referral to the court, the Secretariat shall issue a decision to suspend the nominee and assign another member to replace him until a court ruling is made.

 

Article (17)

The Secretariat may investigate the secretaries and members of the People’s Congresses secretariats, in case of violation of the applicable laws and regulations and decrees related to the performance of their duties. The investigation shall be conducted by committees of the nominees to be formed by a decree of the Secretariat. Such decree shall identify the responsibilities of such committees.

 

Article (18)

The investigation findings shall be submitted to the Secretariat, which in turn refers the same to the competent People’s Congress, as necessary, to take the action it deems appropriate, and send a copy thereof to the General People’s Committee for People’s Monitoring and Follow-up, as required, to perform the legal functions thereof.

 

Article (19)

The entities stipulated in Article (11) of Law No. (2) of 1423 FBP on Organizing the People’s Congresses shall be held accountable in light of the observations received from the People’s Congresses, the Secretariat or supervisory agencies and entities regarding the implementation of the People’s Congresses resolutions as well as the applicable laws, regulations and decrees.

 

Article (20)

In case of serious material or moral damage, the Secretariat may publicly hold the violator accountable and publish the facts in the media platform it deems appropriate. The disciplinary accountability, however, shall not prejudice the right to file a criminal and civil lawsuit against the nominees of the Congress or People’s Congresses.

 

Article (21)

Any provision contrary to these Regulations shall be repealed. These Regulations shall enter into force as of the date of its issuance and shall be published in the official gazette.