CDA 2014 Committee Proposal on Chapter 4: Independent Institutions

Constitutional Drafting Assembly 

Thematic Committee on the Part of Independent Institutions 

Part (8)

Independent Institutions 

Chapter (1)

General Provisions 

Article (1)

 

The independent constitutional institutions stipulated in this part shall enjoy legal personality as well as technical, administrative and financial independence. They shall exercise their competences with objectivity, and without fear or favouritism. They shall be consulted on draft laws related to their competences, and they shall be organised by law

Article (2)

 

The legislative authority shall elect with two-thirds majority independent persons who have competency and integrity to manage those institutions. They shall not be removed from office before the end of their term unless they no longer meet one of the conditions of their election, or in cases stipulated by law. 

Article (3)

 

These institutions shall be accountable to the legislative authority. They shall submit to it one or more reports during the year, which shall be discussed in a public session within a period not exceeding sixty days from the date of its submission, and the report shall be published to the public. These institutions shall also be under the oversight of the competent authorities.  

Article (4)

 

The legislative authority may establish other independent institutions with two-thirds majority.  

Article (5)

 

Chapter (2)

Special Provisions for Each Institution

First

High National Elections Commission 

The High National Elections Commission (HNEC) shall exclusively deal with the management and organisation of elections, as well as all stages of general and local referenda, in a transparent and credible manner, including the announcement of the final results. 

Article (6)

 

The HNEC shall be managed by a council comprising nine members. Its chairman shall be one of the members and shall be elected by the legislative authority. The members shall assume their duties for one term, the duration of which shall be six years. One-third of the members shall be renewed bi-annually. 

Article (7)

 

Second

Audit Bureau 

The Audit Bureau shall be the highest authority for financial audit and accountancy in the State. The Bureau shall undertake overall oversight over the State’s assets and different institutions, as well as any other entity owned fully or partially by the State or specified by the law.  

Article (8)

 

The Bureau shall be managed by a chairman in the capacity of a General Auditor and one or more deputies in the capacity of deputy chairman. They shall assume their duties for six years that may be renewed once. 

Article (9)

 

Third 

Administrative Oversight Commission 

The Administrative Oversight Commission shall undertake the conduct of an effective administrative oversight over all bodies funded, fully or partially, by the public treasury, as well as private firms and establishments working for the public benefit, and follow-up their work, in order to ensure the fulfilment of their duties and adherence to the different legislation.

The Commission shall also undertake the investigation of administrative crimes and violations committed by entities falling under its oversight, whether it uncovers them or they are referred to it by other entities. It shall refer such crimes to the competent authorities.

Article (10)

 

The Commission shall be managed by a chairman and a deputy. Both shall assume their duties for six years that can be renewed once.  

Article (11)

 

Fourth

Good Governance and Anti-Corruption Commission  

The Good Governance and Anti-Corruption Commission shall work in cooperation with other commissions and institutions towards developing and activating good governance and anti-corruption policies, as well as promoting the values of transparency, integrity and accountability

Article (12)

 

The Commission shall conduct enquiries on, and uncover cases of corruption in the public and private sectors, as well as investigating such cases and initiating public lawsuits in this regard. The law shall determine corruption crimes that fall under its jurisdiction and its relation with the Public Prosecution and the Administrative Oversight Commission and the Audit Bureau

Article (13)

 

The Commission shall be managed by a council comprising five members; the legislative authority shall elect a chairman from among them. They shall perform their duties for six years that can be renewed once. 

Article (14)

 

Fifth 

The National Council for General Freedoms and Human Rights 

The National Council for General Freedoms and Human Rights shall be responsible for enshrining and promoting human rights and general freedoms. It shall also undertake the following:

-          Observe the human rights situation and monitor human rights violations as well as report and follow up on such violations with the relevant authorities.

-          Support citizens to enable them to obtain their constitutionally and legally stipulated rights.

Recommend ratification of, or accession to international human rights conventions in a manner that does not contradict with constitutional texts

Article (15)

 

The Council shall comprise nine members. The legislative authority shall elect a chairman from among them in the capacity of a commissioner as well as a deputy. They shall assume their duties for one term of six years. One-third of the members shall be renewed biannually. 

Article (16)

 

The Commissioner shall be have the right to:

- Challenge the constitutionality of legislation related to human rights and general freedoms.

- Challenge before the courts rules of procedure of public and private institutions, as well as decisions issued by them in contradiction with constitutional and human-rights-related legal provisions based on a request by those concerned.  

Article (17)

 

Sixth

National Council on Education 

The National Council on Education shall be responsible for drawing plans and developing programmes with the aim to prepare young people, as well as reform and develop basic and intermediate education, especially with relation to methods of management, development of curricula as well as preparing teachers and raising their competence level. The objective shall be to produce generations at the highest level of proper education and creative and scientific capacity that fulfil the needs of society.

The Council shall coordinate with the concerned ministry to follow-up the implementation of its plans and programmes. 

Article (18)

 

The Council shall be managed by seven members; the legislative authority shall elect a chairman from among them. 

Article (19)

 

Seventh 

National Council on Media 

The National Council on Media (NCM) shall undertake to increase the capacity of media workers. It shall also develop a media code of ethics that takes into consideration the unity of the country, Islamic values, ethics of the profession as well as a diverse and impartial media. It shall work towards imposing it on public and private media institutions; it must approve the issuance or renewal of their licenses.  

Article (20)

 

The Council shall be managed by six members; the legislative authority shall elect a chairman from among them; they shall assume their duties for one term of six years; one third of the members shall be renewed biannually. 

Article (21)

 

Eighth

Statistics and Census Authority  

The Statistics and Census Authority shall undertake the management and implementation of the general population census as well as other statistical surveys; it shall also scrutinize statistical data submitted by public bodies; it is the sole source for the state’s official statistics; it shall commit to their publication while maintaining the confidentiality of personal data. 

Article (22)

 

The Authority shall be managed by a council comprising seven members; the legislative authority shall elect a chairman from among them. 

Article (23)

 

Ninth

The Libyan Broadcasting Authority 

The Libyan Broadcasting Authority (LBA) is a national authority that is concerned with visual, audio and digital media that is based on objectivity, integrity and impartiality so as to ensure diverse views and offer correct information; it shall work towards supporting peaceful coexistence and human rights culture. 

Article (24)

 

The LBA shall be managed by a council comprising six members; the legislative authority shall elect a chairman from among them; one-third of the members shall be renewed biannually

Article (25)

 

The National Council for the Protection of Cultural and Linguistic Heritage shall undertake the development and advancement of Arabic, Amazighi, Tebu, Tuareg as well as other languages; it shall also preserve the diverse cultural heritage of the Libyan people and work towards its documentation, identification and revival

Article (26)

 

The Council shall be managed by seven members, provided that they include representatives of linguistic components (Amazigh, Tebu and Tuareg). The legislative authority shall elect a chairman for the Council from among its members.