Law No. (1) of 2001 on People’s Congresses and People’s Committees

Law No. (1) of 1369 FDP

on People’s Congresses and People’s Committees

The General People’s Congress

Guided by the Green Book;

Based on Communiqué No. (1) of the Revolution issued on 1 September 1969;

Upon review of:

• The Declaration of the Establishment of the Authority of the People;
• The Great Green Charter of Human Rights of the Jamahiriya Era;
• The Revolutionary Legitimacy Document, issued by the Basic People’s Congresses;
• The Document of the Duties and Rights of Women in Jamahiriyan Society, issued on 29 December FBP;
• Law No. (20) of 1991 on the promotion of freedom;
• Law No. (1) of 1430 FBP on the work system of People’s Congresses and People’s Committees;

And in implementation of the decisions made by the Basic People’s Congresses in their annual session of 1368 FDP;

drafted the following law:

Part (1)

Basic People’s Congresses

Article (1)

Sovereignty and Authority

Sovereignty and authority in the Great Socialist People’s Libyan Arab Jamahiriya shall be held by the people, which shall exercise authority directly through Basic People’s Congresses. All citizens who have reached the age of 18 shall be organised in these Congresses, including both men and women.

Article (2)

Powers of the Basic People’s Congresses

Basic People’s Congresses shall exercise direct authority, rule, and oversight. They shall be responsible for managing the affairs of the country and society, issuing the necessary legislation, and taking all decisions to regulate the affairs thereof. They shall be the sole political authority therein.

To this end, the Basic People’s Congresses shall:

1. 1. Set public policies, enact laws, and make decisions in all fields.
2. 2. Draft and approve economic and social plans and general budgets.
3. 3. Select its Secretariat, its executive and supervisory people’s committees, and the like, and hold them to account.
4. 4. Determine the relationship of the Great Jamahiriya with other states.
5. 5. Ratify treaties and agreements concluded between the Great Jamahiriya and other states.
6. 6. Decide on matters of peace and war.

Article (3)

Administrative Entity of the Basic People’s Congress

Each Basic People’s Congress, according to its population density and geographic area, shall have an administrative unit that manages itself. A decision shall be issued by the Secretariat of the General People’s Congress appointing it and determining its administrative boundaries, in coordination with the Secretary of the General People’s Committee.

Article (4)

Secretariat of the Basic People’s Congress

Each Basic People’s Congress shall select a secretariat by direct selection from among its members, in accordance with the executive regulation of this law.

Article (5)

Competencies of the Secretariat of the Basic People’s Congress

The Secretariat of the Basic People’s Congress shall have the following competences:

1. Follow up on the implementation of the decisions of the Basic People’s Congress.
2. Call for the Basic People’s Congress to meet, in coordination with the Secretariat of the People’s Congress for the district.
3. Manage and organize sessions of the Basic People’s Congress, and draft its decisions.
4. Hold joint and face-to-face meeting with the People’s Committees of the Basic People’s Congress.
5. Coordinate on organizational matters with the Secretariat of the People’s Congress of the district in whose jurisdiction the Basic People’s Congress falls.
6. Grant permission to interrogate the People’s Committee of the Basic People’s Congress, its secretary, or any of its members; form committees to interrogate them; and refer those who must be referred to the competent People’s Court. It may also suspend the person referred for investigation from work and assign a replacement from among those who are popularly selected according to procedures determined by the executive regulation of this law. This is without prejudice to the competencies of judicial and oversight entities.

The executive regulation of this law shall determine the formation of the Secretariat of the Basic People’s Congress, its detailed competencies, and the powers of its secretaries and members.

Article (6)

People’s Committees for Sectors in the Basic People’s Conference

The Basic People’s Committee shall select by direct selection from among its members people’s committees to administer the different types of sectors found therein. These committees shall have the following competencies:

1. 1. Execute the decisions of the Basic People’s Congress pertaining to the sector.
2. 2. Manage and administer production and service facilities subordinate to the People’s Committee of the Basic People’s Congress, and follow up on their work progress.
3. 3. Supervise public facilities that fall within the jurisdiction of the Basic People’s Conference.
4. 4. Present proposals pertaining to managing the sector to the People’s Committee of the Basic People’s Congress.
5. 5. Submit periodic reports on the activities and work of the sector.

The People’s Committee of the sector shall exercise its powers under the supervision of the People’s Committee of Basic People’s Congress. The executive regulation of this law shall determine the manner of its formation, its detailed competencies, and the powers of its secretary and members.

Article (7)

The People’s Committee of the Basic People’s Conference

The People’s Committee of the Basic People’s Congress shall be composed of the secretaries of the Peoples’ Committees of the sectors, and the Basic People’s Congress shall select its secretary.

Article (8)

Competencies of the People’s Committee of the Basic People’s Congress

Within its administrative jurisdiction, the People’s Committee of the Basic People’s Congress is competent to exercise all powers to manage and administer the various sectors, in accordance with the decisions of the Basic People’s Congresses and the decisions of the Basic People’s Congress. It is also competent to oversee the activities of the People’s Committees of the sectors in the Basic People’s Congress, and to undertake the following:

1. 1. Execute the decisions of the Basic People’s Congress within its jurisdiction, in light of the decisions of the Basic People’s Congresses.
2. 2. Execute the decisions of the Basic People’s Committee, the Basic People’s Committee for the Districts, the General People’s Committees for Sectors, and the People’s Committee for the District.
3. 3. Preserve security and order within the administrative jurisdiction of the Basic People’s Congress by executing popular and local security plans and programs.
4. 4. Collect fees, local revenue, and the prescribed tax on real estate, livestock and agricultural income, and all other revenue determined by a decision by the General People’s Committee.
5. 5. Disburse from the budget allocated for the Basic People’s Congress.
6. 6. Control and oversee the administrative unit of the People’s Committee of the Basic People’s Congress and its subordinate bodies.
7. 7. Oversee production and service activities within its administrative jurisdiction, evaluate their performance, verify their conformity with the legislation in force, in accordance with the regulations specified by the executive regulations of this law.
8. 8. Monitor prices in the jurisdiction of the Basic People’s Congress.
9. 9. Examine applications submitted by citizens to the Basic People’s Congress in order to obtain State-owned properties or lands for various purposes; determine priority in their regard in accordance with legislation; and refer the same to the People’s Committee for the District.
10. 10. Establish programs to provide workplaces for those seeking the same from among members of the Basic People’s Congress, in coordination with the relevant entities.
11. 11. Examine applications to incorporate or merge joint-stock companies or change their activities, and refer the same to the People’s Committee of the District accompanied with its opinion.
12. 12. Examine applications to record and classify national means for the implementation of public works, and refer the same to the People’s Committee for the District accompanied with its opinion.
13. 13. Take measures to enable citizens to practice economic activities through the issuance of licenses to establish cooperatives and licenses to conduct individual activities within the scope of the Basic People’s Congress, and register cooperative associations according to the economic feasibility of these activities and in accordance with the regulations specified by the General People’s Committee.
14. 14. Receive citizen’s applications within the jurisdiction of the Basic People’s Congress to obtain loans for conversion to production, loans for agricultural and pastoral housing, and housing for those with limited income, and refer the same to the People’s Committee for the District accompanied with its opinion.
15. 15. Grant statements of knowledge and report and other certificates pertaining to social affairs and civil status, in accordance with the legislation in force.
16. 16. Execute construction plans, control violations, and eliminate the results thereof, and execute the provisions of legislation pertaining to public sanitation and environmental protection that fall within its jurisdiction.
17. 17. Prepare the final account of the budget within three months from the end of the financial year.
18. 18. Reconcile and arbitrate between citizens in accordance with the legislation in force.
19. 19. Transfer, delegate, and second within the Basic People’s Congress for workers in entities subordinate thereto; decide on requests for resignation, referral to retirement, and termination of service; and inflict disciplinary penalties on them in accordance with the legislation in force.
20. 20. Propose elements to be assigned to the administration of primary schools and primary health care institutions, and refer the same to the competent People’s Committee for the district.
21. 21. Any other detailed competencies assigned thereto.

The People’s Committee of the Basic People’s Congress shall exercise the above-mentioned competencies, in accordance with the regulations specified by the executive regulation of this law.

Article (9)

Legal Personality and Financial Liability of the Basic People’s Congress

Each Basic People’s Congress shall enjoy legal personality and independent financial liability. It secretariat along with its People’s Committee shall be deemed a single administrative unit for the purposes of employment, seniority, and promotions, as well as for the purposes of implementing the budget.

Article (10)

Budget of the Basic People’s Congress

Each Basic People’s Congress shall have an annual budget, which shall be included in the items of the People’s Budget, and its resources shall include the following:

1. Its allocations from the general budget.
2. Its allocations from local fees, revenue and taxes that are collected within its jurisdiction, provided that they do not exceed the allocations accredited thereto in the general budget.
3. Fees or levies imposed by the Basic People’s Congress.

The financial year of the Basic People’s Congress shall begin with the financial year of the State and shall conclude when it ends. The provisions of the Law of the Financial System of the State and the regulations issued pursuant thereto shall apply thereto.

Part (2)

District People’s Congresses

Article (11)

Formation of the District People’s Congress

According to geographical location and population density, each number of Basic People’s Congresses shall form a people’s congress called the District People’s Congress that is self-administering and that is composed of the secretariats of the Basic People’s Congresses that constitute it, the secretaries of the People’s Committees of such congresses, and the secretaries of trade unions, syndicates and professional associations that are located within its jurisdiction.

A decision shall be issued by the General People’s Congress in coordination with the secretariat of the General People’s Committee on the establishment and naming of districts and administrative regions, and the administrative boundaries thereof.

Article (12)

Competencies of the District People’s Congress

The competencies of the District People’s Congress shall be as follows:

1. Select its secretariat.
2. Select the secretary of the District People’s Committee and the secretaries of the People’s Committees of the Sector therein.
3. Select the secretary of the Planning Council, the president and members of the People’s Court, and the secretary of the People’s Committee of the People’s Oversight Office in the district.
4. Collect the decisions, recommendations, and observations of the Basic People’s Congresses located within its jurisdiction on drafting and discussing its agenda and referring the same to the Secretariat of the Basic People’s Congress.
5. Draft local decisions for the Basic People’s Congresses at the district level, and refer the same to the competent People’s Committees for execution.
6. Adopt the distribution of the administrative budget and the transformation budget to the Basic People’s Congresses and the sectors.
7. Hold selected officials accountable, accept their resignations, and relieve them of the duties for which they were selected.

Article (13)

Secretariat of the District People’s Congress

The District People’s Congress shall select a secretariat from among its members, although it may select a secretary from outside. The executive regulation of this law shall determine the composition of the Secretariat of the District People’s Congress and the competencies of its secretaries and members.

Article (14)

Competencies of the Secretariat of the District People’s Congress

The secretariat of the District People’s Congress shall have the following competencies:

1. Follow up on the execution of the decisions of the Basic People’s Congresses in the district’s jurisdiction.
2. Call for meetings of the District People’s Congress and conduct the sessions thereof.
3. Determine the meeting times of the Basic People’s Congresses located within the jurisdiction of the District People’s Congress during its local sessions, in coordination with the Secretariat of the General People’s Congress.
4. Monitor the activities of the District People’s Committee, evaluate the performance thereof, and hold face-to-face and joint meetings therewith, with the attendance of the secretaries of the Basic People’s Committees constituting the district.
5. Coordinate with the Secretariat of the Basic People’s Committee in organizational matters.
6. Grant permission to investigate or form committees to investigate any Secretariats of the Basic People’s Committees located in the jurisdiction of the district, or any of their secretaries or members, as well as the secretary and members of the Basic People’s Committee, and refer the same to the competent People’s Court as necessary. It may suspend the person referred to investigation from work, and assign a popularly-selected person as their replacement in accordance with the executive regulation of this law, without prejudice to the competencies of judicial and oversight bodies.
7. Any other duties assigned thereto by the District People’s Congress.

Article (15)

People’s Committees of Sectors in the District People’s Congress

Sectoral People’s Committees in the District People’s Congress shall be composed of the secretaries of the People’s Committees for Sectors in the Basic People’s Congresses, and the District People’s Congress shall select the Secretary of the People’s Committee for the Sector in the district from among persons who have been popularly selected and who are members therein.

Article (16)

Competencies of the People’s Committees of Sectors in the Basic People’s Congress

The People’s Committee of the Sector in the district shall be competent to execute and follow up on the decisions of Basic People’s Congresses that encompass more than one Basic People’s Congress, or whose execution does not fall within the competencies of any Basic People’s Committee of the Basic People’s Congresses, and it shall coordinate therewith in common affairs, and find solutions for the difficulties that they face. In particular, it shall have the following competencies:

1. Execute the decisions of the Basic People’s Committee pertaining to the sector.
2. Execution and administer projects and public facilities that offer services or conduct their activities within the boundaries of the activity of the sector on the district level.
3. Propose plans and programs pertaining to the sector.
4. Submit periodic reports about the activities and work of the sector.
5. Issue decisions to assign directors of primary schools and primary health care institutions in the district, in accordance with proposals referred by the relevant People’s Committees of the Basic People’s Congresses, and propose personnel to administer middle and secondary schools as well as hospitals, and submit the same to the District People’s Committee.

The People’s Committee of the Sector shall exercise its competences under the supervision of the District People’s Committee, and the executive regulation of this law shall define the detailed competencies of the People’s Committees for Sector in the district and the powers of its secretaries.

Article (17)

District People’s Committee

The District People’s Committee shall be composed of the secretaries of the People’s Committees of the Basic People’s Congresses and the secretaries of People’s Committees for Sectors in the district. The District People’s Congress shall select a secretary from among those popularly selected, and it may select the same from elsewhere. The secretary of the District People’s Committee shall be a member of the District People’s Congress.

The District People’s Committee shall have a secretariat composed of its secretary and the secretaries of the People’s Committees for Sectors to coordinate on execution of the decisions of the District People’s Committee.

Article (18)

Competences of the District People’s Committee

Within its administrative jurisdiction, the District People’s Committee shall be competent to exercise all powers to administer and manage various sectors in a manner consistent with the decisions of the Basic People’s Congresses and without prejudice to the competencies of the People’s Committees of the Basic People’s Congresses, and to supervise the activities of the District People’s Committees and it shall undertake the following in particular:

1. Execute the decisions of the Basic People’s Congresses.
2. Execute the decisions of the General People’s Committee, the General People’s Committee for Districts, and the General People’s Committees for Sectors.
3. Maintain security and order within the jurisdiction of the District People’s Congress by executing local people’s security plans and programs.
4. Provide services and administer and manage public facilities located within the jurisdiction of the district, and coordinate between the People’s Committees of the Basic People’s Congresses.
5. Establish the necessary programs to execute legislation pertaining to national services and cooperative activity.
6. Propose transformation plans, and annual budgets and steering budgets, and present the same to the Planning Council in the district.
7. Contract for the execution of the projects adopted in the transformation plan in accordance with the regulations specified by the executive regulations of this law.
8. Establish investment projects.
9. Encourage production and increase productive capacity in production and services sectors.

10. Execute pastoral and agricultural housing loan programs, as well as housing programs for people with limited income, and programs guaranteeing conversion to production, and take executive measures in their regard with lending institutions.

11. Supervise the district’s public agencies and companies.

12. Work to exploit and develop the district’s local resources.

13. Execute domestic study and training plans and coordinate with the competent bodies in this regard.

14. Issue executive decisions to district the district’s budget to Basic People’s Congresses and sectors and projects in the district; transfer allocations from one budget section to another, from one item to another, or from the allocations of a People’s Committee of a Basic People’s Congress or Sector to the allocations of a People’s Committee of another Basic People’s Congress of Sector within the same budget section.

With the exception of transfer from one item to another, these decisions shall only enter into force upon adoption by the District People’s Congress.

15. Take all measures to guarantee that spending is within the limits of the adopted budget.

16. Propose fees of a local character, and present the same to the Basic People’s Congresses in the district for approval.

17. Determine the prices of commodities and services within the district.

18. Adopt the decisions and minutes of the Community Property Allocation Committee and cancel such decisions if the beneficiary breaches the usufruct contract conditions.

19. Execute construction and urban plans, remove designation as agricultural land, and expropriate private property for the public good within the district.

20. Grant permission to incorporate joint-stock companies, change their activity, or merge.

21. Issue export and import licenses, and open the necessary records therefor.

22. Record and classify the national means of execution for public works, and grant them the necessary licenses in accordance with the legislation in force.

23. Grant the necessary approval to conclude marriage contracts in which one party is a foreigner.

24. Provide the necessary capabilities and needs for the work of the Secretariats of People’s Congresses and the People’s Committees of Basic People’s Congresses in terms of personnel and administrative expertise, in accordance with their cadres and adopted budgets.

25. Review the minutes of meetings of the People’s Committees of Basic People’s Congresses and People’s Committees for Sectors in the district, and take the necessary measures in their regard.

26. Decide on issues that do not fall within the competencies of the People’s Committees of the Basic People’s Congresses.

27. Form committees to investigate any People’s Committees of the Basic People’s Congresses located in its jurisdiction, or any of their secretaries or members, and refer the same to the competent People’s Court as necessary. This shall be without prejudice to the competencies of judicial and oversight bodies.

28. Execute the provisions of the Public Sanitation Law, the Environmental Protection Law, and the Urban Planning Law that fall within its competencies.

29. Issue decisions to appoint directors of the administrations of middle and secondary education institutions, as well as hospitals.

30. Prepare the final account for the district within 30 days of the date of the conclusion of the financial year.

31. Any other competencies granted thereto by the District People’s Congress or the General People’s Committee for Districts.

Article (19)

District Resources

Without prejudice to the allocations of the People’s Committees of Basic People’s Congresses, district resources shall consist of the following:

1. Allocations from the general budget, according to actual population and other standards established by the General Planning Council.
2. Tax on wages, salaries, and the like.
3. Tax on income from agriculture and animal wealth.
4. Tax on real estate income.
5. Tax on real estate.
6. Tax on livestock.
7. Tax on income from commerce, industry, trades, and liberal professions that are taxed within the district.
8. Tax on nightclubs and the stamp tax.
9. Amounts collected from traffic violations or in consideration for use of public locations designated for parking cars.

10. Amounts collected from inflicting penalties or from reconciliation for crimes inside the district, to the extent that such does not conflict with legislation concerning judicial fees and customs fees.

11. Property confiscated by a judicial order, to the extent that such does not conflict with customs legislation.

12. Fees, duties, and taxes of a public nature, that are divided among districts by a decision by the General People’s Committee.

13. Fees and revenue within the district.

Article (20)

Notwithstanding Article (18), Item (16), the District People’s Committee may tax the revenue of its properties, facilities, and services, and impose fees or duties in return for use of public facilities that it owns or administers.

Article (21)

The District People’s Congress shall possess legal personality and independent financial liability. Its secretariat, People’s Committee, People’s Committees for Sector and the bodies subordinate thereto shall be deemed a single administrative unit for the purposes of jobs, seniority, and promotions, as well as for budgeting purposes.

Article (22)

Budget of the District People’s Congress

The District People’s Congress shall have a steering budget and an independent transformation budget consisting of the following:

1. Budgets of People’s Congresses.
2. Budgets of Sectors in the district.
3. Budgets of the district’s agencies.

The financial year of the District People’s Congress shall start with the financial year of the State and conclude at its end. The provisions of the Law of the Financial System of the State and the regulations issued pursuant thereto shall apply thereto.

Part (3)

General People’s Congress

Article (23)

Composition of the General People’s Congress

The General People’s Congress is the General Forum of People’s Congresses, People’s Committees, Trade Unions, Syndicates and Professional Associations.

The executive regulation of this law shall determine membership in the General People’s Congress.

Article (24)

Competencies of the General People’s Congress

The General People’s Congress shall have the following competencies:

1. Draft laws and decisions issued by the Basic People’s Congresses.
2. Select the Secretariat of the General People’s Congress, hold it accountable, accept the resignation of its secretary or any of its members, and relieve them of the duties for which they were selected.
3. Determine the sectors to be administered by General People’s Committees and determine their duties.
4. Select the secretary of the General Planning Council and the Secretariat of the General People’s Committee, hold them accountable, accept their resignations, and relieve them of the duties for which they were selected.
5. Select the president of the Supreme Court, the president of the People’s Court, the Prosecutor General, the People’s Prosecution Office, and the president and members of the People’s Court attached to the General People’s Congress, and accept their resignations and relieve them of the duties for which they were selected.
6. Select the Secretary and Assistant Secretary of the General People’s Committee of the Popular Oversight Agency and the governor and deputy governor of the Central Bank of Libya, and accept their resignations and relieve them of the duties for which they were selected.

Article (25)

Secretariat of the General People’s Congress

The General People’s Congress shall select a Secretariat in accordance with the text of the previous article from among those who have been popularly selected or others. Those selected for the Secretariat of the General People’s Congress shall be members therein. The executive regulation of this law shall determine the composition and powers of its secretaries and members.

Article (26)

Competencies of the Secretariat of the General People’s Congress

The Secretariat of the General Peoples’ Congress shall have the following competencies:

1. Follow up on the execution of the laws and decisions issued by the Basic People’s Congresses.
2. Follow up on the activities of the People’s Committees.
3. Call for meetings of the General People’s Congress in its various terms and administer its sessions.
4. Call for meetings of trade unions, syndicates, and professional associations, and determine their meeting times.
5. Hold face-to-face and joint meetings.
6. Issue resolutions pertaining to the establishment of People’s Congresses, in coordination with the Secretariat of the General People’s Committee, in accordance with the regulations determined by the General Secretariat of the Basic People’s Congresses.
7. Review draft laws to be presented to the Basic People’s Congresses.
8. Review and interpret laws and the regulations and decisions issued pursuant thereto, and provide an opinion in their regard.
9. Review treaties and agreements.

10. Order publication in the Legal Register, oversee the issuance thereof, and prepare an index of legislation.

11. Oversee and monitor the bodies subordinate to the General People’s Congress or its Secretariat.

12. Propose personnel to occupy positions for which they are selected by the General People’s Congress, organise their seniority, and determine their financial treatment.

13. Grant permission to investigate or form committees to investigate selected persons from the General People’s Congress, and refer whomever necessary to the competent People’s Court. It may suspend the person referred to investigation from work and assign a replacement from among those who are popularly selected until a judgment is issued thereon. This shall be in accordance with the procedures determined by the executive regulation of this law.

14. Grant permission to investigate or form committees to investigate secretaries and members of the Secretariats of District People’s Congresses, and refer whomever necessary to the competent People’s Court. It may suspend the person referred to investigation from work and assign a replacement from among those who are popularly selected until a judgment is issued thereon. This shall be in accordance with the procedures determined by the executive regulation of this law, without prejudice to the competencies of judicial and oversight bodies.

15. Call for popular selection and monitor the procedures thereof with the responsible bodies.

16. Refer matters that require referral to the General People’s Committee of the Popular Oversight Agency or the People’s Prosecution Office, as well as people for whom permission is required from the Secretariat to investigate.

17. Prepare the necessary draft financial and organisational regulations to manage its work, and present the same for the General Secretariat of the Basic People’s Congresses to be issued.

18. Issue the executive regulations for laws that stipulate that it is competent therefor.

19. Strengthen and monitor popular relations with representative councils, and popular and private organizations, and follow up on matters of international cooperation.

20. Approve the granting, withdrawal, and deprivation of Libyan Arab citizenship.

21. Grant permission to wear orders and medals granted to citizens of the Great Jamahiriya by foreign countries or bodies.

22. Approve granting the right to political asylum, and determine the treatment of political refugees.

23. Activities assigned to it by the General People’s Congress.

Article (27)

Secretariat of the District People’s Congresses

The Secretariat of the District People’s Congresses shall be composed of the Secretariat of the General People’s Congress, and secretaries of the District People’s Congresses.

Article (28)

Competencies of the Secretariat of the District People’s Congresses

The Secretariat of the District People’s Congresses shall have the following competencies:

1. Follow up on the execution of laws and decisions issued by the Basic People’s Congresses.
2. Follow up on activities of the General People’s Committee for Districts and the bodies subordinate thereto, and evaluate the performance thereof.
3. Determine the meeting times of the People’s Congresses.
4. Collect and prepare the proposed draft of decisions and recommendations of the Basic People’s Congresses with regards to the agenda, and present the same to the Basic People’s Congresses.
5. Collect and prepare the proposed draft of decisions, recommendations, and observations of the Basic People’s Congresses, and present the same to the General People’s Congress.
6. Hold face-to-face and joint meetings with the General People’s Committee for Districts.
7. Propose draft laws and regulations, and issue the regulations of law that stipulate its competence therefor.
8. Prepare draft financial and organizational regulation to manage the activity of Secretariats of Basic People’s Congresses, and present the same to the General Secretariat of Basic People’s Congresses for issuance.
9. Prepare the necessary draft financial and organizational regulations to manage the activity of the Secretariat of the District People’s Committees, and present the same to the General Secretariat of Basic People’s Congresses for issuance.

10. Activities assigned thereto by the General People’s Congress.

Article (29)

General Secretariat of the Basic People’s Congresses

The General Secretariat of the Basic People’s Congresses shall be composed of the Secretariat of the General People’s Congress, secretaries of the District People’s Congresses, and secretaries of the Basic People’s Congresses.

Article (30)

Competencies of the General Secretariat of the Basic People’s Congresses

The General Secretariat of the Basic People’s Congresses shall have the following competencies:

1. Follow up on the execution of laws and decisions issued by the Basic People’s Congresses.
2. Monitor the activities of the Basic People’s Committee, and the public bodies, institutions, departments, agencies, and companies attached thereto, and evaluate the performance thereof.
3. Follow up on and evaluate the performance of Secretariats of Basic People’s Congresses, monitor the effectiveness of People’s Congresses, take the necessary measures to ensure that the legal quorums for them to convene are met, and that the People’s Committees undertake to executive their decisions.
4. Establish regulations pertaining to the establishment and merger of Basic People’s Congresses.
5. Determine the sectors for which selection takes place on the level of the Basic People’s Congress and the District People’s Congress.
6. Establish regulations and principles pertaining to the conditions necessary to be met concerning who is eligible to be popularly selected.
7. Select the counsellors of the Supreme Court, the People’s Court, and the members of the People’s Prosecution Office.
8. Issue financial and organisational regulations and decisions to administer its work.
9. Issue regulations for laws that stipulate its competency therefor.

10. Activities assigned thereto by the General People’s Congress.

Article (31)

General People’s Committees for Sectors

Public sectors determined by the General People’s Congress shall be administered in accordance with Article (24), Paragraph (3) of this law by General People’s Committees composed of the Secretaries of People’s Committees for Sectors in the People’s Congresses. The General People’s Congress shall select the Secretary of the General People’s Committee for the Sector from among those who have been popularly selected or others. Those selected as Secretaries of People’s Committees for Sectors shall be members of the General People’s Congress. The General People’s Congress shall also select Assistant Secretaries for the General People’s Committees for Sectors that have Assistant Secretaries, and they shall be members in the General People’s Congress as well.

The General People’s Committee for the Sector shall have a Secretariat composed of its Secretary and Secretaries of the People’s Committees for the Sector in the districts to coordinate on the execution of the Committee’s decisions. With regards to General People’s Committees for Sectors that have Assistant Secretaries, each Secretariat shall be composed of the Secretary and Assistant Secretaries thereof.

Article (32)

Competencies of the General People’s Committees for Sectors

To the extent that it does contradict the competencies of the District People’s Committees, the General People’s Committees for Sectors shall exercise the following competencies:

1. Execute and administer projects and services of a private or strategic nature, or those that serve more than one district.
2. Propose plans, programs and executive measures for the decisions of Basic People’s Congresses, and conduct studies and research on the activities of the sector.
3. Propose steering budgets and transformation budgets for the sector.
4. Monitor and oversee the departments, agencies, and companies subordinate thereto.
5. Prepare draft legislation pertaining to the sector, submit the necessary proposals for their amendment, refer them to the Secretariat of the Basic People’s Committee for examination, and present them to the General People’s Committee.
6. Prepare annual reports on the activities of the sector, refer them to the Secretariat of the Basic People’s Committee for examination, and present them to the Basic People’s Committee.
7. Any other competency assigned thereto by the executive regulation of this law.

Article (33)

General People’s Committee

The General People’s Committee shall be composed of the Secretaries of the People’s Committees of the Basic People’s Congresses, the Secretaries of the District People’s Committees, and the Secretaries of the Basic People’s Committee for Sectors. The Basic People’s Congress shall select the Secretary of the General People’s Committee and the Assistant Secretaries of the General People’s Committee in accordance with the text of Article (24) of this law from among those who are popularly selected or others. The Secretary of the General People’s Committee and the Assistant Secretaries thereof shall be members of the General People’s Congress.

The executive regulation of this law shall determine the detailed competencies of the Secretary of the General People’s Committee and its Assistant Secretaries.

Article (34)

Competencies of the General People’s Committee

The General People’s Committee shall have the following competencies:

1. Execute the laws and decisions issued by the Basic People’s Congress formulated in the General People’s Congress.
2. Propose the draft steering budget and the draft transformation budget, and refer the same to the General Planning Council.
3. Prepare draft transformation plans and public project plans, and refer the same to the General Planning Council for study and evaluation.
4. Propose draft laws and other matters that it deems fit to present to the Basic People’s Congresses.
5. Execute and administer strategic public projects.
6. Monitor the activities of General People’s Committees for Sectors and District People’s Committees, People’s Committees for public bodies, institutions, companies, and agencies subordinate thereto, and oversee them to ensure their work progress in accordance with the decisions of the Basic People’s Congresses.
7. Oversee and monitor the Great Man-Made River Project and its investments.
8. Issue decisions pertaining to the organizational structures of General People’s Committees for Sectors.
9. Encourage foreign investment inside Libya, and monitor Libyan investments abroad.

10. Establish regulations pertaining to delegation to work, study, train, receive treatment, or perform duties abroad.

11. Adopt curricula.

12. Issue regulation regulating contracting to perform works or services for contracts financed by the general budget.

13. Issue executive regulation for laws that stipulate its competency therefor.

14. Establish, dissolve, merge, organise, and re-organise public institutions, bodies, agencies, departments, companies, and public administrations, and determine their competencies.

15. Duties assigned thereto by the General People’s Congress or the General Secretariat of the Basic People’s Congresses.

Article (35)

General People’s Committee for Districts

The General People’s Committee for Districts shall be composed of the Secretary of the General People’s Committee, the Assistant Secretaries of the General People’s Committee, the Secretaries of the General People’s Committee for Sectors, and the Secretaries of the District People’s Committees.

Article (36)

Competencies of the General People’s Committee for Districts

The General People’s Committee for Districts shall have the following competencies:

1. Execute the laws and decisions issued by the Basic People’s Congresses formulated in the General People’s Congress.
2. Establish executive programs that guarantee the application of the co-operative system and national service, in accordance with the policies and decisions issued by the Basic People’s Congresses and that are responsible for their execution.
3. Monitor the execution of the budgets of the District People’s Congresses and the foreign currency budget, and prepare reports thereon.
4. Establish executive programs to provide for the needs of District People’s Committee in terms of personnel and administrative and technical expertise, in accordance with their cadres and adopted budgets.
5. Oversee and monitor District People’s Committees and take the necessary measures in accordance with the legislation in force with regards to violations that are uncovered.
6. Examine issues that are common between districts, and coordinate between them and General People’s Committees for Sectors of People’s Committees for administrative units subordinate to the General People’s Committee.
7. Discuss difficulties that hinder the District People’s Committees from performing their duties and find appropriate solutions.
8. Organise the administrative units of District People’s Committees and their sectors.
9. Other competencies assigned thereto by the General People’s Congress or the General People’s Committee.

Article (37)

Secretariat of the General People’s Committee and Its Competencies

The General People’s Committee shall have a Secretariat composed of its Secretary and Assistant Secretaries, and the Secretaries of the General People’s Committees for Sectors. It shall be responsible for following up on the activities of the Secretaries of the General People’s Committees, the Secretaries of the District People’s Committees, and the Secretaries of People’s Committees for public bodies, institutions, departments, agencies, and companies that are subordinate to the General People’s Committee. It shall have the following competencies:

1. Execute the laws and decisions issued by the Basic People’s Congresses formulated in the General People’s Congress.
2. Call for meetings of the General People’s Committee and the General People’s Committee for Districts, and follow up on the execution of their decisions.
3. Propose draft laws and other matters that it deems fit for present to the Basic People’s Congresses, and submit the same to the General People’s Committee for approval and referral to the Secretariat of the General People’s Congress.
4. Conclude treaties, agreements, and international loans, and take the necessary measures to present them to the Basic People’s Congresses for ratification.
5. Adopt the minutes of joint meetings of Committees, and follow up on issues of international cooperation.
6. Name the secretaries and members of the People’s Committees for public institutions, agencies, departments, and companies, as well as the members of public associations of public companies, in coordination with the Secretariat of the General People’s Congress, in accordance with the executive regulation of this law.
7. Grant permission to the District People’s Committees and public bodies, institutions, and companies to contract with foreign companies and bodies to execute projects.
8. Send delegations to study, train, work, and perform duties abroad.
9. Investigate secretaries and members of People’s Committees, and inflict penalties thereon in accordance with the legislation in force and the regulations determined by the executive regulation of this law.

10. Activities assigned thereto by the General People’s Congress, its Secretariat, the General People’s Committee, of the General People’s Committee for Districts.

Article (38)

Persons Selected from the General People’s Congress

In accordance with the text of Article (24) of this law, the General People’s Congress shall select the president of the Supreme Court, the president of the People’s Court, the Secretary of the General Planning Council, the Secretary and Assistant Secretary of the General People’s Committee of the People’s Oversight Unit, the governor and deputy governor of the Central Bank of Libya, the prosecutor general, the head of the People’s Prosecution Office, the president and members of the People’s Court in the General People’s Congress.

The official mentioned in the preceding paragraph shall be members of the General People’s Congress.

The laws regulating the work of these bodies and the executive regulations thereof shall determine their competencies.

Part (4)

General Provisions

Article (39)

The laws and decrees that are issued by the Basic People’s Congresses shall only be effective after they are formulated and read out in the General People’s Congress, except for those of a local character that do not contradict laws in force.

These laws and decisions shall be published in the legal register.

Article (40)

Collectivism is the basis for decision-making in the people’s authority according to direct popular democracy. Decisions shall be taken by the People’s Congress by agreement of all views. If agreement is not reached on a single view, the various views shall be combined and the decision of the People’s Congress shall be formulated therefrom by agreement. The same procedure shall be observed in the process of popular selection. If the People’s Congress does not reach consensus on a single view, whoever obtains the recommendation of the greater number of members shall be secretary, and whoever obtains the recommendation of the lesser number of members shall be assistant secretary or a member, according to the case, without definition of the number. If the recommendation is equal for a single position, those selected for this position shall assume their duties by alternation in accordance with the executive regulation of this law.

Article (41)

The recommendations and proposals of trade unions, syndicates and professional associations shall be presented to the Basic People’s Congresses for inclusion on their agenda. The executive regulation shall determine the necessary regulations for execution of this article.

Article (42)

The General People’s Congress may impose administrative and financial penalties on districts that are proven to have been negligent in the implementation of transformation programs or to have not abided by public policy, including with regards to administrative, economic, and social corruption, neglect, failure to exploit local raw materials and resources, negligence in collecting taxes or in mobilising the people’s local capabilities in terms of workforce, institutions, expertise, etc. The imposition of such penalties shall be against the People’s Congress that was negligent in holding its Secretariat and oversight and executive People’s Committees accountable.

The Secretariat of the General People’s Congress may impose such penalties provided that they are submitted to the General People’s Congress at its first session.

The executive regulation of this law shall determine the penalties and the restriction on their applications.

Article (43)

Public bodies, institutions, agencies, and departments, as well as Brotherhood Bureaus and People’s Bureaus abroad and the like, shall be administered in People’s Committees. The executive regulation of this law shall determine the bases and regulations pertaining to selection of the People’s Committee in these bodies, the duration of their work, and their competencies. The same regulation shall also determine the basis and regulations pertaining to the formation of the production or service congress and its competencies, and the manner of formation of public associations for public companies.

Article (44)

With regards to workers in their subordinate bodies, the Secretariat of the General People’s Committee, the General People’s Committees for Sectors, and the District People’s Committees shall have the authority to appoint, promote, transfer, delegate, and second, in accordance with the adopted budgets and cadres, and within the limits set by the General People’s Committee. They may also decide on requests for resignation and referral to retirement, terminate service, and inflict disciplinary penalties in accordance with the legislation in force.

With regards to workers in bodies subordinate to the People’s Committees of Basic People’s Congresses within their jurisdiction, the District People’s Committees shall have the authority shall have the authority to appoint, promote, transfer, delegate, and second, in accordance with the adopted budgets and cadres, and within the limits set by the General People’s Committee.

In all cases, any appointment or transfer in violation of the provisions of this article shall be void.

Article (45)

The People’s Committees shall perform their duties collectively, and they shall have shared responsibility before People’s Congresses for decisions or measures taken. Neither their secretaries nor any other their members may take any decision individually unless so authorised by the legislation in force.

Article (46)

The Supreme People’s Committee shall have the power to oversee, monitor, and administratively control the lower People’s Committees and bodies subordinate thereto. These Committees and bodies are bound by the decisions, circulates, and publications issued by the Supreme People’s Committee within the limits of their competencies, to the extent that such does not contradict the legislation in force.

If it is proven that one of the lower People’s Committee did not perform its duties, deviated from the public interest, or violated laws and regulations, the Supreme People’s Committee may suspend the work of this People’s Committee, and assign someone to administer its affairs temporarily, provided that it notifies the competent People’s Congress to take the appropriate measures.

The General People’s Committee may transfer a People’s Committee of a People’s Congress to another People’s Congress and transfer its secretary or one of its members, if so required, provided that it coordinates with the Secretariat of the General People’s Congress in this regard.

The executive regulation of this law shall determine the necessary regulations to execute the provisions of this article.

Article (47)

Without prejudice to civil and criminal liability, and the provisions in this law, the secretaries and members of the People’s Committees shall be disciplinarily responsible for any neglect or violation of their duties, in accordance with the regulations prescribed in the laws and regulations governing work in the bodies in which they hold administrative responsibility.

Article (48)

Competencies of the Secretary of the People’s Committee

The Secretary of the People’s Committee shall be competent to adopt the minutes of its meetings, sign its decisions, follow up on the execution thereof, and oversee the work progress therein. In particular, he shall have the following responsibilities:

1. Call for meetings of the People’s Committee, administer its meetings, and take the necessary measures to implement its decisions.
2. Monitor the activities of the members of the People’s Committee and the workers therein, and inflict disciplinary penalties in accordance with the legislation in force.
3. Handle ties between the Committee and third parties and before the judiciary.
4. Other matters assigned by the People’s Committee, as does not violate the provisions of this law.

The executive regulation of this law shall determine the necessary regulations to execute this article, and the detailed competencies of the Secretary of the People’s Committee.

Article (49)

Membership in the People’s Committees shall not be combined with membership in the Secretariats of People’s Congresses or the secretariats of trade unions, syndicates, or professional associations of any level. A person who is selected as a secretary or member in a People’s Committee may not occupy another leadership post at the same time, or combine the post for which he was selected with membership on board of any foreign bodies.

Article (50)

The People’s Committee may form one or more committee from among its members to study certain matters or undertake certain duties of an urgent nature, to the extent that such does not conflict with the provisions of this law.

Article (51)

Persons selected from the General People’s Congress may not be investigated on violations pertaining to their professional duties without the permission of the Secretariat of the General People’s Congress. This provision shall apply to them even after their resignation is accepted or they are relieved of the duties for which they were selected.

Secretaries of Basic People’s Congresses, Secretaries of District People’s Congresses, and Secretaries of District People’s Committees shall not be investigated without the permission of the General People’s Congress.

Article (52)

Legal Oath

Before performing their professional activities, all persons who are popularly selected shall swear the following oath:

“I swear by God Almighty to uphold the principles and aims of the Great 1 September Revolution, to faithfully maintain the authority of the People, to protect the interests of the nation, to respect the law, and to perform my work responsibly, honestly, and skilfully.”

The oath shall be sworn before the competent People’s Congress or its Secretariat.

Article (53)

The executive regulation of this law shall be issued by the General Secretariat of the Basic People’s Congresses, provided that it contains the necessary bases, regulations, and detailed provisions, in particular the following:

1. Regulations for popular selection, and the term of those popularly selected.
2. The positions where people’s work is conducted on a full-time basis and the necessary regulations therefor.
3. The rules of organisation of sessions of the People’s Congresses.
4. The rules of organisation of meetings of Secretariats of the People’s Congresses and People’s Committees.
5. General provisions that handle certain other organisational matters, such as assignment in the event of absence, formation of committees to allocate real estate, and the work method.

Article 54)

Law No. (1) of 1430 FBP on the work system of People’s Congresses and People’s Committees shall be repealed, and any provision contrary to the provisions of this law shall be repealed. The general regulation of the aforementioned Law No. (1) of 1430 FBP shall remain in effect to the extent that it does not contradict the provisions of this law until the executive regulation is issued.

Article (55)

The provisions of this law are fundamental and amend all other legislation in a manner consistent therewith.

Article (56)

This law shall enter into force from its date of issuance. It shall be published in the Legal Register and in various media.

General People’s Congress – Libya

Issued in Sirte

On 22 March 1369 FDP