قرار رقم (184) لسنة 2012 بشأن تعويض المواطنين في حالات الكوارث الطبيعية والنكبات

Cabinet

Decree No. (184) of 2012 AD

on compensating citizens in natural disasters and catastrophes

The Cabinet,

Upon review of:

• The Constitutional Declaration and amendments thereto;
• The Law of the Financial System of the State, and the budget, accounts, and stores regulations and amendments thereto;
• Law No. (20) of 1988 AD on the Social Welfare Fund and amendments thereto;
• Law No. (20) of 2012 AD on approving the general budget;
• (Former) Secretariat of the General People's Congress Decree No. (6) of 2003 AD on the rules of procedure and organisation of the Social Solidarity Fund;
• (Former) Secretariat of the General People's Congress Decree No. (7) of 2003 AD on organising the administrative unit of the Social Solidarity Fund;
• National Transitional Council Decree No. (174) of 2011 AD on determining the structure of the transitional government;
• National Transitional Council Decree No. (184) of 2011 AD on approving the transitional government;
• (Former) General People's Committee Decree of 16/10/1977 AD on compensating citizens in catastrophes and natural disasters and amendments thereto;
• The submission of the Minister of Social Affairs in Letter No. (34) dated 08/02/2012 AD;
• The decrees of the Cabinet in its thirteenth ordinary meeting of 2012 AD;

has decreed:

Article (1)

In the application of this Decree, the following expressions shall have the meanings set out next to each:

• Compensation: Monetary or in-kind assistance granted to individuals or families for material or moral damage sustained thereby as a result of their exposure to a disaster or natural catastrophe with the aim of redressing their damage.
• Catastrophes and disasters: Any disaster resulting from natural causes that afflicts people, such as floods, drought, earthquakes, famines, and fires, where reversing or mitigating the effects requires recourse to exceptional measures.
• Main source of subsistence: The main source relied on by an individual or family for providing the food, drink, clothing, and the like that they need to live.
• Property: The housing, farm, or animals owned by an individual or family and all required means of livelihood.
• Material damage: Any damage that produces serious losses to an individual or family's property and cannot be replaced through self-reliance or without assistance from others.
• Moral damage: Harm that falls on a person and causes serious damage leading to the death or incapacity of the family provider or a family member.

Article (2)

Citizens may be compensated for damage they sustain as a result of natural catastrophes and disasters, such as earthquakes, floods, droughts, fires, and the like to relieve their damages, in accordance with the conditions set out in this Decree, if citizens suffer the following damages:

• If, as a result of a disaster, a citizen is deprived of their main source of sustenance or any other sources on which they depend for their livelihood, provided such is not an investment activity with capital of over thirty thousand Libyan dinars (LYD 30,000), or if losses to their basic property led to severe damages to their moral or material condition and they are unable to compensate for the damages sustained thereby with their private resources.
• If the disaster resulted in severe moral damage, such as the death of the family provider or the death of someone with guardianship rights thereover, or if any of them sustained severe damage that led to their incapacity.

Article (3)

In order for compensation to be granted in the cases set out in the preceding Article of this Decree, the following conditions must be met:

1. The injured party must not have another source of compensation for the damages they sustained, such as if they are insured against these risks with a competent insurance body or if they were compensated by any other body.
2. The damage must not be unnatural, resulting from an intentional act by the injured party. If the injury was caused by a third party, in order to receive compensation, it must be impossible to seek compensation from the third party.

Article (4)

1. Immediately upon being notified or informed of the damages or losses set out in Article (2) of this Decree, the competent national security centre shall draw up a preliminary inventory of the damages or losses and estimate the value thereof in police reports, within a period of not more than twenty (20) days from the date the incident was reported or the disaster occurred.
2. The compensation request decision committees set out in Article (9) of this Decree shall adopt the aforementioned estimates as a basis for determining the amount of compensation, unless they find otherwise from other documents, evidence, or investigations, or through community research and technical reports from competent parties.
3. Compensation for a disaster that was not reported by the concerned party more than ninety (90) days after it occurred shall not be granted compensation, unless such party was prevented from reporting it due to force majeure or the incident was brought to the attention of National Security in another manner.

Article (5)

The branches and offices of the Social Solidarity Fund in whose jurisdiction the injured citizens are located shall undertake the following:

1. Receive citizen requests.
2. Conduct social field research to identify the damage sustained thereby as quickly as possible and within a period of not more than twenty (20) days from the date it learned of the incident. The social research must include a statement of the extent and estimated value of the damages and losses sustained by citizens, stating the causes thereof whenever possible.
3. Record all data and information evidencing the damages.
4. Submit said requests within integrated files to the branch committee to make the appropriate decision.
5. Work to provide urgent in-kind and monetary assistance in cases of necessity that require such.

Article (6)

In the cases set out in Article (2.1) of this Decree, the value of compensation must not exceed seventy-five percent (75%) of the total estimated damages and losses. In the cases set out in paragraph (2) of the same Article, financial assistance shall be disbursed in accordance with the following:

1. In the event of the death of the husband, wife, or both spouses as a result of a catastrophe or disaster, immediate financial assistance for the family of the deceased in the amount of ten thousand Libyan dinars (LYD 10,000) for each deceased member or other provider.
2. In the event of the death of a child or relative as a result of a catastrophe or disaster, immediate financial assistance for the family of the injured party in the amount of five thousand Libyan dinars (LYD 5,000).
3. In the event of multiple deaths due to the catastrophe, financial assistance shall be disbursed without setting a specific limit, in accordance with the cases of death and the Committee's discretionary authority.
4. In the event of incapacity due to the catastrophe, financial assistance for injured parties in the amount of fifty percent (50%) within the limit of five thousand Libyan dinars (LYD 5,000).

Article (7)

In accordance with Article (9) of this Decree, for cases in which the value of estimated loss sustained exceeds LYD 1,000, the files of injured citizens shall be referred to the Central Committee, provided such files are complete with the documentation required depending on the type of catastrophe, as follows:

1. Written request from the injured citizen submitted before the end of the legal period set out in this Decree.
2. Civil Registry statement of residence in the jurisdiction of the competent Solidarity Fund branch.
3. Certificate of salary or income and statement of profession and employer.
4. Certificate of the injured party's family status and copy of personal ID.
5. Statement that they have not received compensation from the related bodies.
6. Evidence-gathering report from the National Security Centre within whose jurisdiction the injured party resides, certified by the competent prosecution.
7. Report of the competent expert depending on the type of catastrophe and damage, such as a fire expert in the case of fires or an agricultural expert or veterinary expert in the case of damage to crops or mortality of animals and birds.
8. Title to damaged real estate or a statement of occupancy of the real estate from an official body.
9. Technical report on the state of the damaged real estate and the estimated losses, prepared by the Projects Department affiliated to the branch in whose jurisdiction the real estate is located.
10. Death certificate and coroner's report in cases of moral damage as a result of the catastrophe.
11. Medical report stating the degree of incapacity, certified by the competent hospital.
12. Statement of payment of retirement contributions and social solidarity deductions.
13. Social research with complete data and information on the incident and the estimated value of material and moral damages.
14. Subcommittee decision including the urgent in-kind assistance provided and any measures adopted with regard thereto.

Article (8)

1. This Decree shall not apply to those engaging in commercial, industrial, and craft activities and professions whose nature requires the adoption of precautions in the form of insurance for their activities with the competent bodies, in order to benefit from such in the event that they are exposed to any damage, with the exception of moral damage such as in cases of death, unless it was possible for them to obtain compensation from such bodies. Compensation shall not be given for heavy transport vehicles that must be insured with insurance companies.
2. Compensation shall not be given for damages such as for the loss or damage of monetary sums, jewellery, or other precious metals.
3. When considering compensation for a disaster or catastrophe, the compensation committees set out in this Decree shall take into consideration the family's economic status in terms of number of family members, lack of income, and anything that is not in violation of the above.

Article (9)

The subcommittees at the branches affiliated to the General Authority for Social Solidarity Fund shall issue decisions on monetary and in-kind compensation and determine such, provided the value of monetary compensation not exceed one thousand Libyan dinars (LYD 1,000). Their reports shall be referred to the competent department for review and a comprehensive report shall be prepared including all decisions issued by the various Authority branches and submitted to the Chairman of the General Authority for Social Solidarity Fund's Managing Board for approval.

Article (10)

The files of injured parties for whom the value of monetary compensation exceeds one thousand Libyan dinars (LYD 1,000), shall be referred to the Central Committee for a decision thereon and determination of the amount thereof in order to issue the appropriate decision with regard thereto. In all cases, all reports completed by the subcommittees and the Central Committee shall be submitted to the Chairman of the General Authority for Social Solidarity Fund's Managing Board for approval in order to become enforceable.

Article (11)

The Chairman of the General Authority for Social Solidarity Fund's Managing Board shall issue decrees forming the central committee and the subcommittees for making decisions on citizens' requests for compensation in catastrophes and natural disasters and specifying their functions and competencies.

Article (12)

The compensation set out in this Decree shall be disbursed in the amounts entered into the compensation for natural disasters and catastrophes item in the budget of the General Authority for Social Solidarity Fund, and shall be disbursed as quickly as possible to mitigate the suffering of the injured parties.

Article (13)

The competent department at said Fund shall undertake the measures and arrangements necessary to implement this Decree, including the rules and standards for determining compensation amounts.

The same department shall submit an annual report on relief activities and the supplies and equipment requested for its capabilities, propose the annual budget for monetary compensation and in-kind compensation, adopt the necessary measures to provide all emergency supplies, and supervise urgent outreach and relief works for citizens in cases of natural disasters and catastrophes.

Article (14)

This Decree shall enter into force on the date of its issue and shall be published in the Official Gazette. Any provision that conflicts with this Decree shall be repealed.

The Cabinet - Libya

Issued on 30 Jumada al-Oula 1433 AH

Corresponding to: 22/04/2012 AD