Resolution No. (7) of 2014 on disbanding all non-statutory formations

House of Representatives

Resolution No. (7) of 2014

on dissolving all non-statutory groups

The House of Representatives

Upon review of:

• The Interim Constitutional Declaration issued on 3 August 2011, and the amendments thereof;
• Law No. (10) of 2014 on the election of the House of Representatives for the transitional period;
• Law No. (37) of 1974 issuing the Military Penal Code;
• Law No. (40) of 1974 on military service, and the amendments thereof;
• Law No. (43) of 1974 on the retirement of soldiers, and the amendments thereof;
• Law No. (35) of 1977 on the reorganisation of the Armed Forces;
• Law No. (5) of 1978 amending certain provisions of military laws;
• Law No. (10) of 1992 on security and police, and the executive regulation thereof;
• Law No. (1) of 1999 issuing the Code of Criminal Procedure;
• Law No. (7) of 2012 on establishing the Libyan Intelligence Service;
• Law No. (11) of 2012 on approving certain provisions pertaining to the powers of command levels in the Libyan Army;
• Law No. (8) of 2014 on the national identification number;
• The legislation pertaining to the Military Integrity and Reform Commission;
• The conclusions of the ninth ordinary session of the House of Representatives held on Wednesday 13/08/2014;

Article (1)

The Libyan Army is a statutory military force composed of officers, non-commissioned officers (NCOs), and privates. The Libyan Army shall defend Libya, uphold national unity, respect the civil constitutional system, and maintain public order and security when necessary.

The Army shall be rebuilt and its statutory military units shall be formed in accordance with the military legislation in force.

Article (2)

Security institutions are statutory institutions in charge of maintaining public security and order. They shall be established in accordance with the provisions of the laws in force and shall be subject to the terms and conditions thereof.

Article (3)

Without prejudice to the provisions of Articles (1) and (2) of this resolution, all existing non-statutory armed groups shall be dissolved by 31/12/2014 at the latest. All assignments and orders issued in their respect shall be annulled as of the date of entry into force of the present law.

Article (4)

The disbursement of salaries and remunerations shall continue throughout the aforementioned period. This provision may only be implemented subject to the provisions of Articles (7) and (8) of Law No. (8) of 2014 on the national identification number.

Article (5)

Members of the aforementioned dissolved groups shall be transferred as follows:

1. Soldiers and civilians thereof shall be reinstated to military or security institutions, depending on the case, for their reassignment, subject to the relevant provisions relating to the Military Integrity and Reform Commission. Those who are not governed by such provisions shall be transferred to civil service or retirement.
2. Non-working members shall be transferred to the Ministry of Labour and Rehabilitation in accordance with the provisions of Law No. (12) of 2010 on labour relations and the executive regulation thereof. They shall be granted the jobseeker’s allowance stipulated by the legislation in force in preparation for their integration in State institutions, taking into consideration the applicants desiring to enlist in military and security institutions in accordance with the legislation governing such institutions.
3. All the properties of dissolved armed groups shall be transferred to the State of Libya. The concerned entities shall institute the proper implementation mechanisms for this provision.

Article (6)

The provisions of this resolution shall enter into force from its date of issuance, repealing any contrary provision. It shall be published in the Official Gazette.

House of Representatives – Libya

Issued in Tobruk

17 Shawwal 1435 AH

Corresponding to 14 August 2014 AD