Decree No. (28) of 2012 to organize the administrative apparatus of the Ministry of care for the families of martyrs and missing

Cabinet Decree No. (28) of 2012

On Organization of the Executive Unit

Of the Ministry of Assistance to Families of Martyrs and Missing Persons

The Cabinet

Upon review of:

• The Constitutional Declaration;
• The law of the financial system of the State, and the budget, accounts and warehouse regulation, and the amendments thereof;
• The Code of Criminal Procedure;
• Law No. (19) of 1989 on the adoption of benefits for persons killed in military operations; missing persons and captives, and the amendments thereof;
• Law No. (12) of 1991 on establishing the rights and benefits of military personnel and civilians killed in service;
• National Transitional Council Decree No. (184) of 2011 on the approval on the transitional government;
• Decree No. (62) of 2011 of the former NTC executive office regarding the re-organization of the assistance fund for families of martyrs, injured and missing persons;
• Decree No. (128) of 2005 AD the former General People’s Committee on the bases, rules and provisions for the establishment of rights and benefits of those killed in service;
• Proposal of the Minister for Assistance to Families of Martyrs and Missing Persons,
• Decisions of the Cabinet in its third ordinary meeting of 2012;

has decreed:

Article (1)

The Ministry of Assistance to Families of Martyrs and Missing Persons shall lay down policies, plans, programs and executive procedures for the legislation in force with respect to the Ministry’s field of work. It shall conduct research and studies on the Ministry’s local and international activities. In particular, the Ministry shall:

1. Propose policies, development plans, and investment projects relating to the Ministry’s work; follow up and asses the implementation thereof after approval.
2. Assist the families of martyrs and missing persons, set up the necessary controls for this purpose and handle the missing persons’ files in coordination with concerned entities.
3. Study the legislation that regulates the work of the Ministry and provide necessary suggestions in this regard.
4. Issue decisions, publications, and directives related to the work of the Ministry and the affiliated entities thereof
5. Handle information, archiving and electronic documentation procedures, and develop databases and IT systems related to the Ministry’s activity.
6. Implement bilateral and international treaties and agreements to which Libya is a party in the field of the Ministry’s activity, and participate in international and regional conferences and organizations related to the work of the Ministry.
7. Oversee and follow up on the entities affiliated to the Ministry, and suggest the necessary action in their regard.
8. Propose the structure of the Ministry and of the departments and branches thereof in compliance with the requirements of the next stage, and address the administrative, financial and technical conditions of the Ministry’s departments and branches.
9. Set up an integrated qualification program for the Ministry’s departments and branches, and develop human resources to create a reliable, performance-oriented cadre capable of change and innovation.
10. Set up the necessary training and qualification programs for the families of martyrs and missing persons to enable them to acquire occupational skills and use them to launch small and medium investment projects.
11. Prepare the draft budget of the Ministry and the departments thereof in accordance with relevant established guidelines, and close the final account of the Ministry at the specified time.
12. Formulate the Ministry’s action programme which shall guarantee the execution of functions assigned thereto, and submit the same to the Cabinet for approval.

Article (2)

The office of the Ministry shall have one or more deputy ministers to perform the stipulated duties thereof in accordance with the legislation in force and shall work under the supervision of the Minister.

Article (3)

The organizational structure of the Ministry’s office shall consist of the following organizational divisions:

1. General Department of Administrative and Financial Affairs
2. Administrative Affairs Department
3. Financial Affairs Department
4. Martyrs’ Affairs Department
5. Missing Persons Department
6. Planning and Follow-up Department
7. Public Relations Department
8. Media and IT Department
9. Minister’s Office
10. International Cooperation Office
11. Legal Affairs Office
12. Internal Review Office
13. Deputy Minister’s Office

Article (4)

The General Department of Administrative and Financial Affairs shall assume the following responsibilities:

1. Help propose the general cadre of the Ministry.
2. Oversee the placement of the general cadre in accordance with the governing administrative controls.
3. Oversee the implementation of laws, decisions and regulations related to the Ministry’s activity.
4. Execute the decisions of the Minister or Deputy Minister regarding employees and work procedures in the Ministry.
5. Enforce financial and administrative regulations.
6. Prepare final accounts and budgets and ensure the validity thereof.
7. Prepare and pay the salaries and dues of the Ministry’s employees.
8. Oversee analytical data requested by the Ministry, and conduct necessary financial analysis to rationalize decisions
9. Prepare periodic reports on the financial status of the Ministry and its affiliated entities.
10. Enforce decisions concerning employee affairs, and follow up on the procedures thereof in terms of appointments, contracts, transfers, delegations, secondments, promotions, bonuses, training, compensation, leaves, disciplinary actions, resignation and dismissal, in accordance with the legislation in force.

The Administration shall exercise its functions through the Administrative Affairs Department and the Financial Affairs Department as follows:

1. a. The Administrative Affairs Department shall assume the following responsibilities:
   1. Take the necessary procedures to recruit, train, incentivise and promote employees.
   2. Handle activities related to archives and the organization thereof in order to ensure proper entry, handling and preservation of files and documents, as well as easy referral thereto, and oversee incoming and outgoing mail.
   3. Disseminate relevant legislation, publications and directives to all the organizational divisions of the Ministry and other affiliated entities.
   4. Organize and monitor the arrival and departure of employees, and enforce applicable legislation with regard to official business hours.
   5. Distribute publications and directives to departments and offices based on the field of work and competence of each department or office.
   6. Prepare periodic reports on the Department’s work.
   7. Any other functions entrusted thereto in accordance with the legislation in force.
2. b. The Financial Affairs Department shall assume the following responsibilities:

1. Assess the Ministry’s financial status, prepare budgets and conduct daily operations.
2. Launch and follow up on well-established administrative, procedural and documentary courses.
3. Represent the Ministry in dealing with others regarding financial procedures.
4. Prepare the final accounts and general budget.
5. Follow up on cash deposits in safes, banks, and the Ministry’s bank accounts; and produce statements and reports related to monetary status.
6. Follow up on budget implementation and produce reports thereon.
7. Prepare periodic reports on the Department’s work.
8. Any other functions entrusted thereto in accordance with the legislation in force.

Article (6)

The Martyrs’ Affairs Department shall assume the following responsibilities:

1. Lay down the rules for counting and identifying martyrs in cooperation with other ministries and concerned entities.
2. Count the families of martyrs and collect data thereon.
3. Count and document martyrs.
4. Oversee the provision of moral support to martyrs’ families.
5. Oversee the provision of assistance to martyrs’ families such as education, healthcare and training.
6. Set up the appropriate mechanisms to distribute special grants and any allocations established by the Ministry for the martyrs’ families.
7. Prepare all studies and statistics pertaining to martyrs at the request of local and international organizations and authorities.
8. Prepare periodic reports on the Department’s work.
9. Any other functions entrusted thereto in accordance with the legislation in force.

The Missing Persons Department shall assume the following responsibilities:

1. Count missing persons and their families
2. Collect data on missing persons
3. Take DNA samples from martyrs’ families
4. Search for and count unknown gravesites, and take necessary action in their regard in coordination with concerned entities
5. Take DNA samples from bodies in mass graves in cooperation with concerned entities.
6. Conduct laboratory DNA analysis.
7. Match the DNA test results to martyrs’ families and inform the latter of the outcome.
8. Set up the appropriate mechanisms to distribute special grants and any allocations for the martyrs’ families established by the Ministry.
9. Prepare all studies and statistics pertaining to missing persons at the request of local and international organizations and authorities.
10. Prepare periodic reports on the Department’s work.
11. Any other functions entrusted thereto in accordance with the legislation in force.

Article (7)

The Planning and Follow up Department shall assume the following responsibilities:

1. Propose policies pertaining to the Ministry’s activity, follow up on the implementation thereof, and suggest the necessary actions to address any deviations.
2. Help provide opinions and advice regarding the feasibility of agreements with other entities.
3. Follow up on the activity reports of the organizational divisions of the Ministry and its affiliated entities, and prepare reports thereon.
4. Contribute to the creation and installation of IT systems and programs at the Ministry, and oversee the same.
5. Collect and provide statistical data required for planning, studies and research purposes.
6. Prepare periodic reports on the Department’s work.
7. Any other functions entrusted thereto in accordance with the legislation in force.

Article (8)

The Public Relations Department shall assume the following responsibilities:

1. Plan, guide and coordinate the Ministry’s public relations.
2. Find and create strong ties between the Ministry and its peers and other State institutions.
3. Follow up on the daily action programme regarding the logistic services provided by the Public Relations Department.
4. Regulate the established procedures for the reception of official delegations and guests of the Ministry to project a decent image thereof.
5. Organize all relations with official entities and State institutions.
6. Prepare periodic reports on the Department’s work.
7. Any other functions entrusted thereto in accordance with the legislation in force.

Article (9)

The Media and IT Department shall assume the following responsibilities:

1. Review any matters related to the Ministry that are being circulated by the media and notify the Minister thereof.
2. Oversee the Ministry’s website on the internet and cooperate with local and international sources of information with regard to data and information.
3. Prepare and produce audio and visual media programs and activities, publications and media bulletins, in cooperation with concerned entities.
4. Collect data and statistics on the Ministry’s activities, and classify and present the same in a way that serves the goals of the Ministry and any parties dealing therewith.
5. Oversee the technical archive of information in a way that serves the Ministry’s goals, policies and plans.
6. Prepare periodic reports on the Department’s work.
7. Any other functions entrusted thereto in accordance with the legislation in force.

Article (10)

The Minister’s Office shall assume the following responsibilities:

1. Organize the Minister’s appointments and calls and provide the Minister with requested data and information.
2. Receive correspondence and reports sent to the Ministry, collect the necessary data thereon and submit the same to the Minister.
3. Organize the Minister’s meetings and interviews and prepare the necessary documentation of the meeting agenda and minutes.
4. Follow up on the implementation of decisions and directives issued by the Minister or the Deputy Minister.
5. Register, document and stamp all the Minister’s decisions and directives, disseminate the same and keep regulating records thereof.
6. Prepare periodic reports on the work of the Office.
7. Any other affairs entrusted thereto in accordance with the legislation in force.

Article (11)

The International Cooperation Office shall assume the following responsibilities:

1. Follow up on the minutes, agreements, and protocols issued by the Ministry pertaining to the activity thereof in coordination with the competent entities.
2. Contact Arab and international entities and organizations that pertain to the Ministry’s activities and coordinate with such entities and organizations as delegated.
3. Participate in the conferences and meetings of Arab, regional and international organizations in coordination with concerned entities, and provide and keep relevant documentation thereof.
4. Propose participation in conferences, meetings and conventions related to the Ministry’s field of activity in coordination with concerned entities.
5. Follow up on agreements and the work of joint committees with friendly and sister countries.
6. Take part in the preparation of conferences, seminars and workshops held or attended by the Ministry in cooperation with concerned entities inside or outside the Ministry.
7. Prepare periodic reports on the work of the Office.
8. Any other functions entrusted thereto in accordance with the legislation in force.

Article (12)

The Legal Affairs Office shall assume the following responsibilities:

1. Provide legal opinions on legal matters presented to the Office by the Minister, the Deputy Minister or the Ministry’s offices and departments.
2. Prepare legal memoranda, and draft contracts, agreements and memoranda of understanding to which the Ministry is a party.
3. Follow up on cases filed by or against the Ministry, prepare defences, responses and legal memoranda that clarifies the Ministry’s point of view in coordination with the Government Cases Department.
4. Prepare and review draft projects and regulations for the Ministry.
5. Take part in the activities of committees specialized in the same field of work.
6. Prepare periodic reports on the work of the Office.
7. Any other functions entrusted thereto in accordance with the legislation in force.

Article (13)

The Internal Review Office shall assume the following responsibilities:

1. Review and examine all payment orders issued by the Ministry’s Financial Administration, and ensure that such orders are properly formulated in accordance with generally accepted accounting principles and the attached documents validating payment maturity.
2. Review and replace trusts, and ensure their compliance with payment limits.
3. Review the forms and statements of salaries, their equivalents, and compensations, and ensure their compliance with the legislation in force.
4. Participate in annual inventories and conduct spot inventories of safes and financial trusts of warehouses.
5. Review the financial procedures of all contracts concluded by the Ministry.
6. Verify the legality of payment methods.
7. Review the closing of the Ministry’s final accounts.
8. Prepare periodic reports on the work of the Office.
9. Any other functions entrusted thereto in accordance with the legislation in force.

Article (14)

The Deputy Minister’s Office shall assume the following responsibilities:

1. Organize the Deputy Minister’s calls and appointments and provide the Minister with requested data and information.
2. Receive reports and correspondence sent to the Deputy Minister, and submit the same to the Minister after completing the necessary data thereon.
3. Organize the Deputy Minister’s meetings and interviews and prepare the necessary documentation of the meeting agenda and minutes.
4. Prepare periodic reports on the work of the Office.
5. Any other functions entrusted thereto in accordance with the legislation in force.

Article (15)

The internal organization of the Ministry’s Office shall be stipulated by a decision of the Minister of Assistance to Families of Martyrs and Missing Persons provided that such decision does not contravene the provisions of this decree.

Article (16)

This decree shall take effect on the date of issuance thereof. It shall be implemented by the concerned entities and published in the Official Gazette.

The Cabinet – Libya

13 Rabi’ al-Awwal 1433 AH

Corresponding to 05/02/2012 AD