قانون رقم (9) لسنة 1987 بشأن الخدمة الوطنية

Law No. (9) of 1987

on national service

The General People's Congress,

• In implementation of the resolutions of the People's Congresses in their second ordinary session held in 1397 FDP, corresponding to 1987 AD, drafted by the General Forum of People's Congresses, the People's Committees, the professional syndicates, unions, and associations (the General People's Congress) in its thirteenth session of 1397 FDP, corresponding to 1987 AD;

formulated the following Law:

Article (1)

The attached National Service Law shall enter into force.

Article (2)

The Compulsory Military Service Law issued on 9 Jumada al-Awwal 1398 AH, corresponding to 6 May 1978 AD, shall hereby be repealed and any other provision that conflicts with this Law shall also be repealed.

Article (3)

This Law shall be published in the Official Gazette, and shall enter into force from the date of its issue.

The General People's Congress - Libya

Issued on: 9 Rabi' al-Akher 1397 FDP

Corresponding to: 1 December 1987 AD

National Service Law

Part (1)

The Purpose of National Service

Article (1)

National service shall be required of all citizens who have reached eighteen years of age and are not over thirty-five years of age, on condition that they are physically fit.

Performance of this service may be requested of those over the age of thirty-five in cases of war, mobilization, emergency, or active movements, pursuant to a decree from the Commander-in-Chief.

Those called for national service shall be placed with branches of the main armed forces (army, air force, navy, air defence forces) or any other military forces or divisions established, in accordance with the rules issued pursuant to a decree from the Commander-in-Chief.

Article (2)

The period of national service shall be two years for the army, navy, air force, air defence, and similar forces and divisions. The period of military service may not be extended except in the case of war, pursuant to a decree from the Commander-in-Chief of the Armed Forces.

Article (3)

Graduates of universities and higher institutes may be selected as officers after completion of the basic training period. They shall be selected by a committee formed for this purpose pursuant to a decree from the Commander-in-Chief of the Armed Forces. Those selected shall be given the rank of lieutenant for the remaining period. This rank shall have no effect after completion of their service period unless they are summoned in accordance with the provisions of Article (7) hereof.

Part (2)

Exception and Exemption from National Service

and Postponement thereof

Article (4)

The persons mentioned below shall be excepted from national service:

1. Graduates of colleges, institutes, and schools designed to graduate officers, non-commissioned officers, and soldiers for service in the armed forces or police, as well as students of such colleges, institutes, and schools on condition that they complete their studies and graduate. If they do not complete their studies, the period they spent studying shall be counted toward the period of national service.
2. Anyone who spent a period not less than the national service period in military service in the armed forces. If less, they shall be enlisted for the remaining period.
3. Pursuant to a decree from the Commander-in-Chief of the Armed Forces, certain persons may be excepted from the performance of national service for reasons related to public interest.

Article (5)

0. 1. In times of peace, the enlistment of students of universities, institutes, and regular schools shall be postponed until they graduate or until they reach the following ages:
1. Twenty-six years of age for students of universities, higher institutes, and the like.
2. Twenty-one years of age for students of secondary institutes, intermediate technical schools and institutes, and the like.
3. Twenty-one years of age for students of public secondary schools and the like. If they complete their studies and enrol in a university or higher institute prior to passing this age they shall be treated in accordance with clause (a) of this Article.
   2. If a student reaches the maximum age for postponement during the school year, their enlistment shall continue to be postponed until the end of the school year.
   3. Students whose enlistment has been postponed must notify the competent body for enlistment if the reason for the postponement has lapsed. They must do so by letter with return receipt within thirty days from the date of such lapse, in order to undertake their enlistment procedures.
   4. People's Committees at the colleges, institutes, and schools referred to in paragraph (a) and the competent individuals at the brotherhood bureaus and people's bureaus of the Jamahiriya abroad shall inform the competent body for enlistment as soon as a student who has delayed enlistment due to study is dismissed from study, obtains an academic credential, or reaches the age referred to in Clauses (a), (b), or (c) of Paragraph (1) of this Article.

Part (3)

Regulation of Enlistment Activities

Article (1)

The Commander-in-Chief of the Armed Forces shall issue the decrees implementing this law, in particular decrees related to the following:

1. Formation of the competent body for enlistment, specifying the competencies thereof.
2. Division of the Great Socialist People's Libyan Arab Jamahiriya into enlistment regions and the formation and designation of a headquarters for each one, specifying the competencies thereof.
3. Designation of the bodies related to enlistment activities, stating the tasks assigned thereto and setting out the rules and procedures for requesting those subject to this Law to undergo examination.
4. Formation of the competent committees for enlistment of doctors and technicians, setting out their competencies and the rules regulating their activities.
5. Physical fitness requirements for national service.
6. Rules identifying enlistment priorities for those determined to be physically fit.
7. The rules and procedures for requesting those determined to be physically fit to serve and the regulations on their release.
8. The regulations and rules for filing grievances against decisions related to national service, stating the procedures for submission, review, and settlement of grievances.
1. Certificates and forms for exemption, postponement, and performance of service given by the competent body for enlistment to those who request them. The decree shall set out the format, information, and validity period of each, and they shall be given free of charge.

Part (4)

Calling Up Persons Released from Service

Article (7)

Pursuant to a decree from the Commander-in-Chief of the Armed Forces, all or certain persons who have performed national service shall be called to undertake military training each year. To the extent possible, a time and location suitable for them shall be selected, so as to not hinder their regular activities.

Part (5)

General Provisions

Article (8)

Without prejudice to this Law, the citizens mentioned below shall be subject to military law:

1. Anyone that the competent enlistment body decides to enlist, until completion of the service period set out in this Law.
2. Anyone called in accordance with Article (7), commencing from the time set for them to be at the military body until completion of their call.
3. Anyone called for a medical examination or enlistment who fails to appear without an acceptable excuse.

Article (9)

No citizen between eighteen and thirty-five years of age may be hired or remain in their position or job or be granted a license to practice an independent profession or registered in the list of those practicing such profession, obtain other licenses or certificates, or complete any administrative transaction such as obtaining an exit visa, renewing a passport, or obtaining an administrative certificate from the People's Committee of the locality, etc., unless they present one of the certificates or forms set out in Article (6)(i).

Article (10)

With regard to occupying positions, enlisted individuals shall have the right to the following:

1. To apply for employment at public administrative units and public companies and establishments. They shall be enlisted for the national service period after appointment to the position, as a secondment.
2. Priority in hiring to hold positions shall be on condition of obtaining a certificate of good conduct of at least "very good" or a letter from the competent military authority recommending the applicant enjoy such priority.
3. For employees and the like called for national service, to have their original job or a job similar thereto held for them and to return to work if they request such within a month from the date of their release and are fit to hold the job held for them.
4. For employees and the like, to have the promotions or bonuses owed thereto held on condition that they are not written up for desertion while performing national service. The term of their service shall be included in their period of work and count toward remuneration or retirement.

Article (11)

Enlisted persons shall be given nominal monthly remuneration determined pursuant to a decree from the Commander-in-Chief of the Armed Forces.

Article (12)

The Gregorian calendar shall be used with regard to the implementation of this Law.

Part (6)

Crimes and Penalties

Article (13)

Anyone who violates this law or the implementing decrees thereof shall be punishable by imprisonment for a period of three years and deprived of their civil rights for a period not to exceed ten years.

The crimes set out in the previous paragraph shall be deemed to be a military crime and the military courts shall hold competence to hear such crimes in accordance with the Military Procedure Code.

Article (14)

The period set for lapse of the right to file a case against those bound to national service shall not commence until the date the individual reaches the age of thirty-five, unless they had reached this age at the time the crime was committed.