Decree No. (135) of 2012 on approving the organisational structure and competencies of the Ministry of Culture and Civil Society and regulating the executive unit thereof

Cabinet Decree No. (135) of 2012

on approving the organisational structure and competencies of the Ministry of Culture and Civil Society and regulating the executive unit thereof

The Cabinet

Upon review of:

• The Constitutional Declaration;
• The Law of the Financial System of the State, and budget, accounts, and inventory regulation, and the amendments thereof;
• Law No. (76) of 1972 on publications and publishing;
• Law No. (12) of 2010 issuing the law on labour relations, and the executive regulation thereof;
• Cabinet Decree No. (7) of 2011 on mandating the Ministry of Culture and Civil Society to establish certain entities and adopt certain provisions;
• Cabinet Decree No. (12) of 2012 on establishing a civil society support centre;
• National Transitional Council Resolution No. (174) of 2011 on determining the structure of the transitional government;
• National Transitional Council Resolution No. (184) of 2011 on the adoption of the transitional government;
• Cabinet Decree No. (1) of 2012 on determining the competencies of deputy ministers and assistant deputy ministers;
• The National Transitional Council’s Executive Office Resolution No. (18) of 2011 on determining the competences of the Culture and Civil Society Department and its affiliated entities;
• The proposal of the Minister of Culture and Civil Society in his Letter No. (377) of 03/03/2012;
• The decisions taken by the Cabinet in its fifth ordinary session of 2012;

has decided:

Article (1)

The organisational structure and competences of the Ministry of Culture and Civil Society shall be approved and its executive unit regulated in accordance with the provisions of this decree.

Article (2)

The Ministry of Culture and Civil Society shall draw up and implement the necessary plans and programs that aim to achieve the strategic development of national culture, identify the role of the prevailing culture in obstructing national development, develop a culture that supports development trends, protect the cultural, civilizational, and historical heritage, gather and protect the popular heritage, highlight Libya’s role and contribution to human heritage, and encourage innovation in the fields of culture, literature, and art. In particular, the Ministry of Culture and Civil Society shall:

1. Implement the approved cultural legislation, regulations, and policies; coordinate the government’s trends and activities in the fields assigned thereto; and ensure the consistency of such trends and activities with cultural needs.
2. Propose the establishment of, manage, and use all kinds of cultural facilities, establishments and institutions; develop the existing facilities, establishments, and institutions; and support initiatives that aim to develop civil facilities and institutions to achieve the goals intended for the Libyan people.
3. Sponsor and develop all forms of art in order to preserve the artistic heritage of the State and to promote and achieve the proper environment for the growth of creative talents and the emergence of new talents in various art and literature aspects.
4. Preserve national identity, promote a sense of belonging, make use of young people’s abilities on a constant basis, support creative and talented people, and guide them towards comprehensive community development.
5. Conduct studies and research to develop and advance cultural work and the preservation methods of historical manuscripts, and propose the best scientific and practical mechanisms in this respect
6. Conduct surveys on all kinds and forms of popular heritage; gather, classify, document, and protect the same; and conduct studies and research with the aim of reviving heritage and integrating it in social and economic development.
7. Hold festivals and cultural and traditional weeks and exhibitions inside and outside the country in order to promote Libya’s civilizational and cultural qualities, and organize cultural and artistic events and competitions for this purpose.
8. Grant appreciation and motivational awards to creators in the fields of art and literature.
9. Support the culture of women and children, and adopt talent development projects in various cultural and creative fields.

10. Promote theatre, literature and various arts, and encourage film production.

11. Promote writing, translation, and publishing.

12. Implement legislation pertaining to publications and publishing, and propose their development in a way that realises aspirations in this field.

13. Encourage innovators, promising talents, and personal initiatives in the field of culture and art.

14. Oversee and re-organise cultural centres inside and outside the country, provide them with financial and human support, and implement the necessary programs and plans to achieve their goals in coordination with the concerned entities.

15. Manage and propose the establishment of media institutions to spread cultural programs and activities and anything that serves social programs and activities.

16. Conclude international agreements in the fields of cultural cooperation and civil society, activate existing agreements, develop Libya’s cultural relations with neighbouring and allied countries as well as Arab, Islamic, and international organisations, in compliance with the legislation in force.

17. Represent Libya in international forums and join international cultural institutions and organisations.

18. Facilitate the establishment of Arab and foreign cultural centres inside Libya, approve their cultural plans, ensure the compliance of their activities with the laws and regulations in force, grant them permits to practice their activities, and follow up on their performance.

19. Set up and execute training and rehabilitation programs in cultural, art, and professional fields, which are necessary to manage the Ministry and its various entities and activities.

20. Publicise civil society organisations, approve their statutes, and follow up on the performance of their duties in accordance with the stipulations of the legislation in force.

21. Coordinate with civil society organisations to achieve the goals for which they are founded, and look into ways of cooperation with them to serve development and human rights affairs.

22. Submit any proposals or programs pertaining to civil society in order to take the necessary action.

23. Promote the role of civil society; and support, develop and preserve the autonomy of civil society organisations in accordance with the legislation in force.

24. Work with civil society organisations to create a partnership in the activities and programs that aim to raise awareness as to their role in society, and allow them to play a significant role in social peace and accord.

25. Contribute to the execution of training programs provided by civil society institutions.

26. Implement the legislation pertaining to the protection of intellectual property rights and associated rights at the local and international levels; register and document literary and artistic works; protect Libyan heritage and register the same with specialised international organisations.

27. Grant the necessary approvals for commercial advertisements in coordination with the concerned entities.

28. Any other functions required by the nature of the Ministry’s work or stipulated by the applicable laws and decisions.

Article (3)

The Ministry of Culture and Civil Society shall have one or more deputy ministers who shall exercise the functions prescribed for deputy ministers by the legislation in force. The deputy minister shall work under the minister’s supervision.

Article (4)

The organisational structure of the Ministry of Culture and Civil Society shall consist of the following organisational divisions:

1. Cultural Programs and Activities Department
2. Cultural Centres and Houses Department
3. Artistic Works and Publications Department
4. Authors and Publishing Department
5. Media Affairs Department
6. Cultural Development Department
7. Planning and Projects Department
8. Administrative and Financial Affairs Department
9. Minister’s Office

10. Deputy Minister’s Office

11. Internal Review Office

12. International Cultural Cooperation Office

13. Child Culture Office

14. Training Office

15. Legal Affairs Office

16. Follow-up Office

Article (5)

The Cultural Programs and Activities Department shall have the following competences:

1. Propose an annual map of artistic and literary festivals and exhibitions based on schedules indicating the date and place thereof, in coordination with the competent departments and the concerned entities.
2. Oversee local festivals in all fields in coordination with the competent departments and the concerned entities.
3. Oversee artistic and literary seminars in the country in coordination with the competent departments and concerned entities.
4. Oversee the organisation of international cultural weeks in the fields of culture, art, literature, and civil society; exchange ceremonies and festivals with Arab, African, and international countries; and conduct joint events in coordination with the concerned entities.
5. Any other functions entrusted to the Department in conformity with its competence.

Article (6)

The Cultural Centres and Houses Department shall have the following competences:

1. Support cultural centres and houses inside and outside the country, develop the same by following up thereon, and produce reports and studies on their performance level in order to improve their efficiency and ability to play their role as well as the capabilities and efficiency of their staff, in cooperation with the concerned entities.
2. Cooperate with the Ministry’s departments, competent committees, and affiliated branches in order to provide the necessary capabilities to cultural centres and houses inside and outside the country, expand their establishment and support existing ones.
3. Propose the necessary rules and conditions for testing the personnel assigned to work in cultural centres and houses.
4. Provide public entities with any required publications and cultural messages.
5. Any other functions entrusted to the Department in conformity with its competence.

Article (7)

The Artistic Works and Publications Department shall have the following competences:

1. Assume the competences assigned to the Department by virtue of the law on publications and the applicable regulations, and propose the necessary amendments thereto.
2. Review and evaluate manuscripts, and issue the necessary approvals for the publication of good manuscripts.
3. Conduct procedures related to artistic works and publications, including the production of audio-visual works, video clips, and media programs set for broadcasting or commercial exchange, whether locally produced or imported.
4. Grant and renew publishing, distribution, advertisement, and production licenses.
5. Take the necessary procedures regarding publications, artistic works, or destructive, trivial, degrading, or offensive works against religion, the nation, the Revolution’s noble principles, or the country’s high interests, or any works that promote sorcery or that aim to spread ignorance, as well as any other works criminalised by the legislation in force or contravening the basic conventions of Libyan society.
6. Any other functions entrusted to the Department in conformity with its competences.

Article (8)

The Authors and Publishing Department shall have the following competences:

1. Contact authors, researchers, and innovators, and encourage them to publish their work in coordination with the competent entities.
2. Propose the necessary policies for supporting authors.
3. Publish books and participate in Libyan book fairs in cooperation with the concerned entities.
4. Liaise between local, Arab, and international bookstores and publishing houses, and follow up on the works that are published by or through them to promote cultural, artistic, and literary levels.
5. Manage cultural periodicals and publications issued under the supervision of the Ministry.
6. Propose books for translation, coordinate with translators, follow up on their work, and propose the necessary rewards for them in accordance with established regulations.
7. Any other functions entrusted to the Department in conformity with its competences.

Article (9)

The Media Affairs Department shall have the following competences:

1. Oversee the media units affiliated with the Ministry.
2. Approve the formalities pertaining to foreign media personnel, journalists, and reporters; facilitate the performance of their duties; and grant licenses to foreign media enterprises operating in Libya.
3. Prepare and distribute books and media material including integral files, leaflets, text and audio-visual tapes, to Libya’s embassies and representations as well as to media outlets and media, cultural, and educational institutions abroad; and organise foreign media coverage of events and festivities attended or hosted by Libya.
4. Highlight Libya’s role in serving Arab and Islamic causes, strengthen ties with media personnel visiting Libya from all over the world, provide them with the assistance they need, and follow up on the material published and broadcasted by the media in their respective countries after they leave Libya, monitor biased media campaigns and confront the same with information and facts, and raise awareness among the various concerned institutions.
5. Establish strong and good relations with international media institutions and outlets by organising visits of media delegations to Libya throughout the year and on the occasions of international character that are held in Libya, also by sending media delegations to other countries of the world in order to communicate with the media, the political and cultural institutions, and all the people of such countries.
6. Any other functions entrusted to the Department in conformity with its competences.

Article (10)

The Cultural Development Department shall have the following competences:

1. Adopt, encourage, and contribute to the implementation of cultural initiatives and projects.
2. Set up the necessary plans and criteria for incentive purchase with regard to the literature of authors and the artistic and literary works of creators.
3. Raise awareness and promote patriotism.
4. Coordinate with concerned entities to establish the general standards for commercials.
5. Raise awareness about the role of culture in social interaction between individuals and in guiding their conduct.
6. Follow up on Arab and international reports regarding cultural development, and make use of any recommendations or reports thereon that serve cultural development in Libya.
7. Any other functions entrusted to the Department in conformity with its competences.

Article (11)

The Planning and Projects Department shall have the following competences:

1. Conduct technical studies and research for the Ministry’s projects in coordination with the concerned entities.
2. Draw up executive plans and programs to develop the Ministry’s cultural facilities, equipment, and tools, and follow up on the inclusion of cultural facilities in public projects in conformity with development schemes.
3. Draft the transitional budget of the Ministry in light of its objectives, requirements, and needs, and follow up on the implementation of the programs related to such budget.
4. Establish the necessary technical specifications and the engineering designs and maps for the implementation of the Ministry’s projects.
5. Carry out the necessary technical procedures to conclude contracts for the implementation of the Ministry’s projects through the Ministry’s Tender board.
6. Oversee the execution of the Ministry’s projects under contract, and produce technical progress reports on their execution.
7. Follow up on and maintain all the cultural buildings and facilities affiliated with the Ministry, and apply safety requirements therein.
8. Any other functions entrusted to the Department in conformity with its competences.

Article (12)

The Administrative and Financial Department shall have the following competences:

1. Take the necessary procedures to implement the rules and regulations pertaining to personnel, and perform all the processes related to their job such as appointment, promotion, transfer, re-assignment, secondment, leave, discipline, and other professional affairs in accordance with the relevant laws and regulations in force.
2. Perform the activities related to archives and their organisation to ensure the entry, circulation, keeping, and easy access to files, documents, and libraries; oversee printing, copying, and photocopying processes, and automate these processes.
3. Keep financial and accounting books and records, draft the operation budget of the Ministry, control disbursements thereof, conduct all financial procedures for its implementation in accordance with the legislation in force, meet the Ministry’s needs, and supply warehouses with required items within the limits of their allocated provisions.
4. Distribute relevant legislation, instructions, and publications to all the organisational divisions of the Ministry and other affiliated entities.
5. Preserve and maintain the Ministry’s movable and fixed assets, provide necessary tools and equipment, and conduct the necessary periodic maintenance thereof.
6. Regulate the activity and oversee all the vehicles and means of transport of the Ministry, and conduct periodic maintenance thereof.
7. Prepare the salaries and benefits of employees, and collect the revenues of the Ministry’s debts with third parties.
8. Conduct customs clearance for machines, tools, and equipment imported by the Department to perform its duties.
9. Conduct annual inventories.

10. Handle the settlement of disbursement vouchers and other financial obligations.

11. Handle the administrative formalities pertaining to the Ministry’s employees and conduct all communications with the concerned entities with regard to their personal affairs.

12. Handle the Ministry’s public relations, including hotel bookings, ticket reservations, and communications, and coordinate with the concerned entities in their regard.

13. Take the necessary procedures to receive the Ministry’s guests, ensure their wellbeing, and handle all the matters related to their work at the Ministry.

14. Handle the translation of administrative correspondence as well as the relations affairs of the executive unit to assist the latter in the performance of its duties.

15. Any other functions entrusted to the Department in conformity with its competences.

Article (13)

The Minister’s Office shall have the following competences:

1. Assume the functions of the Ministry’s secretariat.
2. Receive and register the correspondence and reports addressed to the Minister, and collect the necessary data in this respect.
3. Draft the agenda of the Ministry’s meetings, record the minutes of such meetings, record the decisions issued therein, and send notifications of the same.
4. Organize the Minister’s appointments and calls.
5. Index, classify, and register the Ministry’s meetings using the newest archiving and indexing methods.
6. Take part in meetings that the Office is tasked with by the Minister of Culture.
7. Any other functions entrusted to the Office in conformity with its competences.

Article (14)

The Deputy Minister’s Office shall have the following competences:

1. Organize the Deputy Minister’s appointments and calls.
2. Collect data and information requested by the Deputy Minister.
3. Handle recordkeeping of the Deputy Minister’s incoming and outgoing mail.
4. Arrange meetings presided by the Deputy Minister.
5. Produce periodic progress reports on the Office’s activity.
6. Any other functions entrusted to the Office in conformity with its competences.

Article (15)

The Internal Review Office shall have the following competences:

1. Receive pay slips, benefit forms, and the like to examine the same, ensure compliance with laws and regulations, and review the entry thereof in salary cards.
2. Examine all expenditure statements.
3. Study the contracts concluded between the Ministry and suppliers, examine their financial terms to ensure compliance with the financial laws, rules, and regulations in force, and carry out and review the procedures for obtaining letters of guarantee from the parties that contract with the Ministry.
4. Open a separate file for each contract, and produce a summary of the main financial terms therein, while keeping contract guarantees in special safes.
5. Inspect and approve the payments to be disbursed for each contract, and deduct such payments from the contract’s value upon completion of the re-disbursement control measures stipulated by law.
6. Verify the absence of any obligations to the bank or any other legal impediments before disbursing payments to entrepreneurs and contractors.
7. Ensure the preparation of payment orders and the deposit thereof in the beneficiary’s bank account.
8. Oversee the keeping of separate records on general budget allocations and transitional projects.
9. Ensure that expenditure from the general budget is compliant with the legal rules and systems and the provisions regarding the management of the transitional account, and pursue any financial violation or any contravention of such rules and systems.

10. Conduct spot inspections of vaults and warehouses, and participate in the annual inventory.

11. Any other functions entrusted to the Office in conformity with its competences.

Article (16)

The International Cultural Cooperation Office shall have the following competences:

1. Follow up on international cultural agreements, propose implementation methods thereof in cooperation with concerned departments, and submit proposals relating to the conclusion of international agreements relevant to the Ministry.
2. Make the necessary arrangements to hold joint meetings, symposiums, and conferences conducted by the Ministry with its foreign counterparts, in order to document and assess the same.
3. Cooperate with competent entities to liaise and reinforce the relation with international figures, institutions, bodies, committees, and centres in order to recover any belongings that have been transported abroad.
4. Establish the necessary programs to receive foreign delegations and introduce Libya’s cultural, artistic, and literary wealth, in addition to civil society activities.
5. Any other functions entrusted to the Office in conformity with its competences.

Article (17)

The Child Culture Development Office shall have the following competences:

1. Plan child culture and the means of educating children at various levels in coordination and cooperation with the concerned entities.
2. Ensure the integration of children’s cultural services and provide access thereto for the largest number of children, especially in villages and popular neighbourhoods, in coordination with the Ministry of Education and the media, in order to avoid any failure in outreach methods due to multiple trends and methods used to deal with children.
3. Identify and support child education sources and develop them materially and morally.
4. Implement a plan for promoting the cultural level of Libyan children through the education, preparation, and training of leaders, and conduct research and experiments to find the best ways to achieve the intended results.
5. Any other functions entrusted to the Office in conformity with its competences.

Article (18)

The Training Office shall have the following competences:

1. Organize training courses in various specialisations for the Ministry’s personnel in coordination with specialised centres and institutes.
2. Coordinate with the competent departments at the Ministry of Labour and Professional Training to draw up and approve annual training plans.
3. Conduct technical studies to determine the technical and administrative performance level of the personnel of the Ministry and its affiliated entities, in a way that allows producing plans that raise the level of performance, in cooperation with the concerned entities.
4. Set up the necessary programs to raise the administrative capabilities of the Ministry’s personnel, and cooperate with the competent entities as well as the concerned centres inside and outside the country to accomplish such programs.
5. Gather studies and research relating to training inside and outside the country.
6. Prepare bulletins and leaflets that help improve the competency of the Ministry’s personnel in cooperation with the concerned entities.
7. Any other functions entrusted to the Office in conformity with its competences.

Article (19)

The Legal Affairs Office shall have the following competences:

1. Contribute to the formulation and review of draft laws pertaining to the work of the Ministry.
2. Provide an opinion and legal advice on the topics submitted thereto.
3. Review the draft contracts that are concluded by the Ministry and the agreements to which it is party.
4. Follow up on the lawsuits brought by or against the Ministry in coordination with the State Lawsuits Authority and the concerned entities.
5. Prepare, formulate, register, and refer decisions to the competent entities.
6. Conduct investigations and look into complaints that pertain to the Ministry.
7. Formulate the memoranda that the Minister decides to submit to the Cabinet.
8. Any other functions entrusted to the Office in conformity with its competences.

Article (20)

The Follow-up Office shall have the following competences:

1. Follow up on the execution of the Cabinet’s decree and the executive procedures pertaining to the Ministry.
2. Follow up on the Ministry’s plans in coordination with the organisational divisions of the Ministry and the competent entities, and produce periodic reports thereon.
3. Conduct periodic and inspection visits to all the departments, offices, and entities affiliated with their supervising ministry.
4. Any other functions entrusted to the Office in conformity with its competences.

Article (21)

The following entities shall report or work under the supervision of the Ministry of Culture and Civil Society, depending on the case:

1. Civil Society Support Centre
2. Research, Information, and Documentation Centre
3. National Books Department
4. General Council of Culture
5. General Authority for Cinema, Theatre, and Arts
6. National Centre for Folklore
7. Libya News Agency
8. Academy of the Arabic Language
9. National Centre for Music Research and Studies

10. Alwan Centre for Media Services

11. African Studies Centre

12. Libyan House for Science and Culture in al-Zawiyah

13. Libya Channel

14. Libya Radio

15. Libya Press

16. Libya Printing Press

17. Assaa TV

Article (22)

Based on the actual needs of the Ministry of Culture and Civil Society, regional organisational divisions shall be established to implement the Ministry’s policy and strategy in the field of culture and civil society. A decision issued by the Minister shall determine such divisions and the functions and qualitative competences thereof, in addition to the implementation mechanisms of the provisions of this article in accordance with the relevant legislation in force.

Article (23)

The internal organisation of the Ministry of Culture and Civil Society shall be determined by a decision issued by the Culture and Civil Society, subject to the provisions of this decree.

Article (24)

This decree shall enter into force from its date of issuance. Any contrary provision shall be repealed. This decree shall be implemented by the concerned entities and it shall be published in the Official Gazette.

The Cabinet – Libya

Issued on Jumada al-Oula 1433 AH

Corresponding to 29/03/2012 A
D