CDA 2014 Committee Proposal on Chapter 7-2: Regions System

Libyan Constitution Proposal

Local Governance and Local Administration Committee Proposal

Proposal Two

(Regions System)

Includes sixteen constitutional articles that reflect some of the committee members’ vision on local governance. They have been articulated in consensus between the following members:

1. Dr. Ibrahim Faraj Al-Baba
2. Dr. Mustafa Abdel Hamid Dalaf

Article (1)

Country Division and Independence

Libya consists of three regions: Cyrenaica, Tripoli and Fezzan. Each region shall enjoy within its administrative boundaries administrative and financial independence and full legal personality.

Article (2)

Administrative Division of the Regions

Each region shall be divided into a number of governorates and municipalities.

Article (3)

Regional Councils

Regional institutions shall be: the regional council and executive council of the region.

Article (4)

Powers of the Regional Council

The Regional Council shall have the following powers:

1. Propose joint legislation requiring the approval of the State to the Parliament to be discussed.
2. Enact legislation according to the Constitution and within the scope of the region.
3. Monitor the performance of the Executive Council and hold it accountable in a manner consistent with state sovereignty.
4. Prepare the region’s annual budget and submit it to the State’s legislature.
5. Other functions conferred by the Constitution.

Article (5)

The Regional Council is authorised to enact legislation on the following issues:

1. Administrative division within the region and establishment of governorates and municipalities.
2. Urban planning and building and housing permits.
3. Public and utility works.
4. Public transport inside the region.
5. Agriculture, pastures, and livestock development.
6. Water and electricity.
7. Traditional and small industries.
8. Culture, historical places and monuments.
9. Tourism Activities.

10. Fishing activities and marine resources.

11. Sports, recreation and public parks.

12. Social aid and welfare.

13. Health and environmental protection.

14. Business, industrial and professional licenses.

15. Local economic development and promotion of national investment.

16. Higher education.

Article (6)

The legislative authority of the State shall be competent in all that is not within the sole competence of regions under Article (5).

Article (7)

The Regional Executive Council shall exercise the following competencies:

-Implementation of policies on the sub-level of livelihood sectors within the region, without prejudice to the sovereign laws and unity of State.

-Submission of proposals for new laws and legislation to the Regional Council for further submission to the parliament if needed for approval and adoption.

-Issuance of the administrative system necessary for management of the region and follow-up of governorates and municipalities as mandated and organised by the Constitution

-The Chairman of the Executive Council shall manage the policy of regional governance in sectors, and shall be subject to the supervision of the regional council and state accountability mechanisms in coordination with the regional and sovereign legislature.

-The Chairman of the Executive Council shall manage the functions and affairs of the region in accordance with the provisions of this Constitution, as well as without prejudice to sovereignty of the government over its competences in implementation of state policy.

Article (8)

Methods of Selecting Regions’ Institutions

The Regional Council and the Chairman of the Executive Council of the region shall be elected through direct secret ballot. Fair representation of all Libyan social, cultural and linguistic components (Amazigh, Tebu, Tuareg) shall be shall be taken into account. This shall be regulated by law.

Article (9)

Regions’ Funds

The regions are entitled to 50% of their local revenues and projects’ investments.

Article (10)

Revenues of natural resources shall be distributed according to the following percentages:

30% to regions, according to the population of each region.

30% shall be evenly distributed to all regions.

30% to national government.

10% to regions of production

Article (11)

Fair Distribution of Institutions and High Positions between Regions

The State shall guarantee the equitable distribution of headquarters of institutions, corporations and public enterprises among regions.

Article (12)

The State shall ensure equal opportunities between regions’ populations in leadership, high posts, and the diplomatic corps.

Article (13)

The Audit Bureau, through its regional branches, shall review and examine accounts at the regional level.

Article (14)

The Regional Council and the Executive Council of the region shall be dissolved if the Constitution and sovereignty of the State are violated by clear acts. The decision shall be taken after seeking the opinion of a special committee of the House of Representatives and the Senate, specifically formed to consider issues of regions in these sovereign bodies.

Article (15)

The Regional Council may put to vote lack of confidence in its Executive Council through a clearly reasoned petition signed by one-quarter of the Regional Council members and approved by an absolute majority of members through a public vote.

Article (16)

If the Regional Council issues legislation against the State’s constitution, the President of the State or the Prime Minister are allowed to challenge its constitutionality. The Regional Council is also allowed to challenge the legislation and processes by the legislature and executive within 60 days from its publication.