Chapter Seven: Independent Constitutional Authorities

Constitutional Bodies Article (160)

The bodies provided for in this chapter enjoy legal personality and technical, administrative and financial autonomy. They may be consulted in draft laws relating to their competences. They exercise their work according.

to the provisions of Constitution and law. Their geographical distribution all over the country is taken into consideration.

Article (161) Administration of Constitutional Bodies

The legislative authority elects independent personalities, known to be competent and honest, to manage the administration of these bodies. These administrators cannot be dismissed before the end of their terms unless they lose one of their election conditions or in cases provided for by law.

Article (162)Control of the Legislative Authority on these Bodies

The Constitutional bodies are subjected to the control of the Legislative Authority to which they report on their work as organized by law. The Legislative Authority can publish these reports after discussion.

Article (163)High National Commissioner for Elections

The High National Commissioner for Elections is the only responsible for administering and organizing general referenda and general and local elections, in all stages, with transparency and credibility, including declaration of final results.

The Commissioner is administered by a council of nine members among whom the Legislative authority elects a president. This council has one term of 6 years and its third is renewed each two years.

Article (164) Accounts Department

The Account Department is the highest financial control and accounts body in the State. It ensures the general control of the State’s money and the parties partially or fully funded by it, and the control of any other parties stated by law.

The department is administered by a president, with statute of General Auditor and a vice-president or more, as undersecretary. They have one term of six years that can be renewed for once.

Article (165)Human Rights National Council

The  Human Rights National  Council  ensures  the  consolidation  of  human rights and freedoms, as stated in Islamic Shariya and international charters and their promotion and vulgarization of their culture. It is also responsible of :

1-  Control  of  the  situation  of  Human  Rights  and  observation  of  their violations and reporting them to national competent parties with follow up.

2- Assistance to citizens to recover their rights by virtue of the Constitution and law.

3- Recommendation to ratify or adhere to international conventions related to Human Rights as not violate the provisions of the Constitution.

4-  Consolidation  of  cooperation  with  national  and  international  Human Rights organizations.

The Council consists of nine members among whom the Legislative authority elects a president, with statute of commissioner, and vice-resident. This council has one term of 6 years and its third is renewed each two years.

Article (166)Cultural and Linguistic Heritage National Council

This Council ensures the preservation of Libyan diversified cultural and linguistic heritage, documenting it and taking care of it as to protect its authenticity and to guarantee integration and peaceful cohabitation between Libyan.

The Council is administered by nine members who reflect the cultural and linguistic diversity of Libyan people and among whom the Legislative authority elects a president for one term of 6 years.

Article (167) Council of Senior Scholars

The Council of Senior Scholars is responsible of the following missions :

1- Giving advice on any consultation from the State authorities to analyze it and give opinion about it on basis of legal (Islamic) proofs.

2- Recommendation in religious issues related to public questions so to guideState’s authorities basing on specialized studies.

3- Issuance of individual fatwas in matters of dogma, acts of worship and personal transactions.

4- Elaboration of specialized religious researches to deal with different contemporary  questions,  making  use  of  specialized  experts  in  different fields.

5-   The Council consists of fifteen members among specialized in Islamic Shariya, to be elected by the Legislative authority for a renewable six-year term, including a president and a vice-president for three years. A number of specialized experts in different fields is attached to the Council. The appointment of the council’s members takes into account the geographical distribution. Branches are to be created, as regulated by law.

Article (168)Body of transparency and fight against corruption

The Body of transparency and fight against corruption contributes to policies that guarantee transparency and fight against corruption and to the follow up of their implementation as well as to promote principles of integrity and accountability and to support societal participation. It also works on vulgarizing the culture of fight against corruption and sensitizing people about it. It observes cases of corruption in both private and public sectors and investigates about them and submits them to competent authorities.

Law states the necessary rules to coordinate between different parties that are concerned by fight against corruption. The body is administered by a president and two vice-presidents who are elected by the Legislative authority for one term of 6 years, renewable for once.

Article (169)Body of sustainable development

The Body of sustainable development is responsible of the following missions:

1- Recommendation for adequate measures to achieve sustainable and balanced development.

2- Proposal of adequate policies, plans and programs for building and developing human capacities and for diversifying resources and stating national development priorities. The body also works on leveling development between different areas.

3- Offer of technical advice in development plans on both local and national levels.

4- Evaluation of development plans and the ways to implement them on light of indicators of sustainable and balanced development and requirements to preserve future generations rights.

The body is administered by a council of six members elected by the Legislative authority appointing among them a president and a vice- president. This body is elected for one term of 6 years, renewable for once. A third is renewed each two years.

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