Decree No. (284) of 1994 on adopting the by-laws of the Libyan Red Crescent Society

General People’s Committee

Decree No. (284) of 1423 FDP

on adopting the by-laws of the

Libyan Red Crescent Society

The General People’s Committee,

Upon review of:

• Law No. (111) of 1970 AD on associations;
• Secretariat of the General People’s Committee Decree No. (3) of 1979 AD on the competencies assigned to the General Secretariat of the General People’s Committee, that were established for the Revolutionary Command Council;
• General People’s Committee Decree No. (505) of 1990 AD approving the by-laws of the Libyan Red Crescent Society;
• Based on the submission of the Secretary of the General People’s Committee for Health and Social Security in Letter No. (L.Sh.A.A. 1957) dated 16/5/1423 AH;

has decreed:

Article (1)

The by-laws of the Libyan Arab Red Crescent Society attached hereto shall be approved.

Article (2)

The aforementioned General People’s Committee Decree No. (505) of 1990 AH shall be repealed, and all provisions that conflict with the provisions of this Decree shall be repealed.

Article (3)

This Decree shall enter into force on the date of its issue and shall be published in the Official Gazette.

General People’s Committee – Libya

Issued on: 29 Dhu al-Hijja 1403 FDP

Corresponding to: 9 June 1423 FBP

By-laws

of the Libyan Red Crescent Society

Chapter (1)

General Provisions

Article (1)

The Libyan Red Crescent Society was founded in October 1957 and its by-laws established in accordance with the Geneva Conventions and their Additional Protocols. It is a voluntary non-governmental association in the public interest, supporting the public authorities, and is a legal entity. It is the only body in the Jamahiriya that performs the tasks of the Red Crescent locally and internationally. The headquarters of its General Secretariat is in Benghazi. It is referred to in these By-laws as the Society.

Article (2)

The Society’s emblem is a Red Crescent on a white background with its open side to the right of the person viewing it. The emblem shall be carried and used in accordance with the rules set out in the Geneva Conventions and their Additional Protocols and special national legislation.

Article (3)

The Society shall be guided in its work by the fundamental principles adopted in the 20th International Conference of the Red Cross and Red Crescent held in Vienna in 1965 AD. These principles are:

1. Humanity
2. Impartiality
3. Neutrality
4. Independence
5. Voluntary service
6. Unity
7. Universality

Article (4)

The Society is a member of the International Federation of Red Cross and Red Crescent Societies (IFRC) and has the rights and duties contained in its charters and regulations, set out in the Geneva Conventions and their Additional Protocols, and the benefits set out in any other international agreements to which the Jamahiriya is a party.

Article (5)

The General Secretariat shall exclusively and directly assume foreign liaison with the Red Crescent and Red Cross institutions and the related international bodies.

Article (6)

The Society may establish branches in accordance with the regulations on establishing branches.

Article (7)

Membership in the Society is voluntary and available to each person residing in the Jamahiriya, in accordance with the membership regulations.

Article (8)

The Society shall perform its duties in accordance with its By-laws, the movement’s charters and principles, and the related national laws in force.

Chapter (2)

Society Goals

Article (9)

The Society’s overall goals include the following:

1. Promote respect for human dignity and encourage, facilitate, and support all types of humanitarian work that seeks to protect humanity and mitigate its suffering.
2. Work to improve the ability to prepare to confront disasters of various types and causes.
3. Contribute to supporting the abilities of vulnerable groups and work to meet their various needs.
4. Participate in activities aimed at preserving the environment and provide health and social care in cooperation and coordination with the related national bodies.
5. Improve the Society’s performance and increase its effectiveness as much as possible.

Article (10)

The Society shall establish phased work plans and application programs setting out the tasks that should be performed and the methods that must be followed to achieve the goals set out above.

Chapter (3)

Society Structure

Article (11)

The Society shall consist of the following components:

1. General Commission
2. General Secretariat
3. Governing Board
4. Branches

General Commission

Article (12)

1. The General Commission shall consist of two delegates interested in general humanitarian and community work from each branch, chosen by volunteer members within the branch for a two-year term, renewable for one term.
2. The membership regulations shall set out membership application procedures, tasks of volunteers, and the process of selecting delegates as members of the General Commission.

Functions of the General Commission

Article (13)

The General Commission shall perform the following functions:

1. Select the Society’s president, vice president, and secretary-general.
2. Establish the Society’s general policies.
3. Approve the annual budget, financial statements, and balance sheet.
4. Name external auditors based on the proposal of the Governing Board.
5. Approve proposals to amend the By-laws.
6. Establish the agencies required to perform the Society’s activities, based on the proposal of the Governing Board.
7. Approve the establishment or dissolution of branches, based on the proposal of the Governing Board.
8. Grant awards and certificates of merit to individuals recognized for their outstanding humanitarian work.

Meetings of the General Commission

Article (14)

1. Ordinary sessions:

The General Commission shall meet in an ordinary session once every two years.

2. Extraordinary sessions:

The General Commission shall hold an extraordinary session whenever required.

3. The regulations on legal meetings shall set out the procedures of the General Commission for calling a meeting and organising its proceedings.

General Secretariat

Article (15)

The General Secretariat is a specialized agency presided over by the secretary-general, who shall assume executive duties and perform monitoring and central supervision over the Society’s administrative, financial, and service activities.

Governing Board

Article (16)

The Governing Board shall consist of:

• Secretary-general, Chairman
• Branch secretaries, Members

The Governing Board shall work in the periods between General Commission sessions, shall monitor the implementing procedures of decisions and recommendations of the General Commission, and prepare for the meetings thereof.

Functions of the Governing Board

Article (17)

The Governing Board shall hold competence to perform the following:

1. Monitor the decisions and recommendations issued by the General Commission.
2. Prepare for General Commission meetings
3. Propose the Society’s draft annual budgets preliminary to their submission to the General Commission.
4. Review draft regulations and systems implementing the By-laws.
5. Select an external auditor and name audit firms for branches.
6. Recommend the Secretary-General’s proposals on establishing or dissolving branches preliminary to their approval by the General Commission.
7. Approve the Society’s organisational structures.
8. Establish specialised committees based on the proposal of the Secretary-General.

Meetings of the Governing Board

Article (18)

The legal meetings regulations shall set out the procedures for calling meetings of the Governing Board and organising its deliberations.

Branches

Article (19)

The Society shall establish branches thereof to engage in Red Crescent activities and serve local communities inside the branch’s geographical scope, in accordance with the regulations on establishing branches.

Branch Elements

Article (20)

A branch shall consist of:

1. Volunteer members accepted in accordance with the membership regulations.
2. Branch administration.

The branch administration is a specialized agency presided over by the branch secretary, who shall perform executive duties and perform monitoring and central supervision over the Society’s administrative, financial, and service activities for the performance units affiliated thereto, in accordance with the systems and regulations issued by the Society.

Chapter (4)

Persons Authorised to Manage Elements of the Society’s Structure

Society President

Article (21)

The Society’s part-time president, chosen by the General Commission for a two-year term, renewable for one term.

Functions of the Society president

Article (22)

The Society’s president shall assume the following powers:

1. Call the meetings of the General Commission and direct its sessions.
2. Submit a report on the Society’s status to the General Commission.
3. Consult with the Secretary-General on the Society’s activities in accordance with the General Commission’s decisions.

Vice President

Article (24)

1. The vice president shall be part time and selected by the General Commission for a two-year term, renewable for one term.
2. The vice president shall assume the activities of the president in his absence.

Secretary-General

Article (24)

1. The Secretary-General shall be selected by the General Commission for a four-year term, renewable for one term.
2. The Secretary-General is the Society’s chief executive officer and shall perform his functions under the supervision of the General Commission, in cooperation with the Society’s Chairman in this regard.

Functions of the Secretary-General

Article (25)

The Secretary-General shall assume the following functions:

1. Manage the General Secretariat, organise its affairs, and appoint workers thereto in accordance with the regulations in force.
2. Monitor the administrative, financial, and service activities of the units affiliated to the General Secretariat.
3. Issue regulations and decisions in implementation of the by-laws.
4. Order the disbursal of the General Secretariat’s approved budgets.
5. Direct international relief operations and monitor local relief activities and implementation thereof in accordance with the established rules.
6. Adopt urgent and emergency measures and notify the General Commission and the Governing Board of all procedures in this regard.
7. Represent the Society in its relations with third parties and before the judiciary.
8. Prepare for meetings of the General Commission and the Governing Board.
9. Monitor the administrative, financial, and service activities of the branches with regard to any overreach resulting in accountability and investigation.
10. Establish relations with national associations and related organisations, conclude cooperation agreements therewith, and submit a report thereon to the General Commission.
11. Make recommendations on establishing branches.
12. Manage meetings of the Governing Board.

Article (26)

Delegation of competencies:

The Secretary-General may delegate certain of his competencies to his assistants.

Branch Secretary

Article (27)

A decision shall be issued by the Secretary-General assigning a branch secretary from among the members interested in general humanitarian and community work, for a renewable three-year term. The branch secretary shall perform his duties under the supervision of the Secretary-General.

Functions of the Branch Secretary

Article (28)

The Branch Secretary shall assume the following functions:

1. Manage branch affairs, organise its activities, and appoint workers thereto. The Branch secretary shall also appoint workers to the affiliated units based on the proposal of officials in such units, within the limits of the approved regulations and staffing.
2. Monitor the executive, administrative, financial, and service procedures of the units affiliated to the branch.
3. Communicate and coordinate with the local authorities on the branch’s activities in the region.
4. Order the disbursal of the branch’s approved budgets.
5. Establish service centres in the branch’s area within the limits of the available capabilities.
6. Propose the branch’s annual draft budgets and provide its balance sheets on a rolling basis for submission to the Governing Board.
7. Implement the work plans approved by the Governing Board in accordance with the decisions and recommendations of the General Commission.
8. Work to improve volunteer membership.
9. Propose granting awards and certificates of merit.
10. Propose investment projects for the branch, detail their economic feasibility, and coordinate in this regard with the Secretary-General, in accordance with the systems approved for the purposes of investing the Society’s funds.
11. Any other duties assigned thereto by the Secretary-General within the scope of his duties.

Delegation of competencies

Article (29)

The Branch Secretary may delegate certain of his competencies to his assistants.

Chapter (5)

The Society’s Financial System

The Society’s Financial Liability

Article (30)

The Society shall have a single financial liability. The consolidated financial regulations shall set out the financial procedures regulating the Society’s components.

Society Funds

Article (31)

The Society’s funds shall consist of:

1. Dues paid by its members.
2. Compensation for services performed by the Society.
3. Donations, gifts, bequests, and endowments accepted in accordance with the Society’s regulations.
4. Income from its property.
5. Movable and immovable property registered under its name.
6. Fees charged for the Society.
7. The aid allocated to the Society by the State.

Financial Year

Article (32)

The Society’s financial year shall commence on 1 April until the end of March of each year.

External Auditor

Article (33)

The General Commission shall name the external auditor for a renewable four-year term, based on the proposal of the Secretary-General and the recommendation of the Governing Board.

Functions of the External Auditor

Article (34)

The external auditor shall provide advice to the General Commission, the Society president, and the Secretary-General on all matters related to the Society’s financial affairs and shall submit the balance sheet and statement of the Authority’s financial position to the General Commission.

Chapter (6)

Transitional and Closing Provisions

Article (35)

In local disaster conditions, the Society may request assistance from Red Crescent and Red Cross institutions for rescue and relief activities, and it may also agree to meet the wish of such institutions for contributions to this humanitarian activity in the aforementioned circumstances and allow its delegates to engage in such work.

Article (36)

The president, vice president, and secretary-general may only be dismissed under a decision from the General Commission issued by a two-thirds majority of its members.

Article (37)

If the General Secretariat finds that a branch is unable to continue to achieve the Society’s objectives, the Secretary-General shall place its funds and assets under seizure and submit the matter to the Governing Board to issue a recommendation to the General Commission with regard to the dissolution of this branch.

Article (38)

If a decision is issued to dissolve a branch, the Secretary-General shall select an interim committee which shall inventory the branch’s assets, surrender them to the General Secretariat, and collect its funds and pay its debts. Upon completion of its duty, the interim committee shall submit a report on its activities to the Secretary-General.

Article (39)

If the General Commission is unable to convene for any reason, the Governing Board shall assume its duties temporarily, and all decisions and measures adopted thereby shall be submitted to the first meeting of the General Commission.

Article (40)

If the Governing Board is unable to convene for any reason, the Secretary-General shall temporarily exercise the competencies of such Board. All decisions and procedures adopted thereby shall be submitted to the Governing Board in its next subsequent meeting.

Article (41)

If the position of the president becomes vacant, the vice president shall assume the duties of the president until the matter is decided upon by the General Commission at its next subsequent meeting.

Article (42)

If the position of the secretary-general is vacant, the Governing Board shall select a temporary replacement, and the matter shall be submitted to the General Commission in its next subsequent meeting.

Article (43)

The president, vice president, and secretary-general shall continue to perform their duties, and a decision on the matter of their vacant positions shall be issued by the Commission in its first meeting after its formation in accordance with these By-laws.

Article (44)

Voluntary members registered at branches shall be called within four months from the date these By-laws enter into force to select two delegates for each branch for membership on the General Commission.

Article (45)

The regulations currently in force shall remain in force provided they do not conflict with these By-laws, until they are repealed, amended, or replaced.