Article 78 – Composition of Parliament
Parliament shall consist of two Chambers, the Senate and the House of Representatives.
First election for Parliament will be in February, 2020. If election is not possible, then the first Parliament under this Constitution shall be composed with the tribes appointing Senate members for the duly constituted government from the eight regions named in this Constitution and city councils from the eight regions named will meet and within seven (7) days appoint members of the House of Representatives in accordance with this Constitution. Senate and House members shall serve their terms as though they had been elected, subject to the provisions of this Constitutions. City Councils will designate at the time of selection which House members will serve for the first Parliament under this Constitution.
The first Parliament Sessions for Senate and House of Representatives will convene within a maximum period of ten (10) days from the date of enactment of this Constitution.
All laws, legislation, orders and notices which are in operation in any part of the State upon the coming into force of this Constitution will continue to be effective insofar as they are not inconsistent with the provisions of the new constitutional amendment, until they expire, or they are repealed, amended or replaced by other legislation enacted in accordance with the rules prescribed in this Constitution.
The Senate shall be the highest consultative body of the Government and shall carry out its work independently, guided by the Constitutional Declaration, and the State legislation in force. It shall express opinion on draft laws and decisions of a legislative nature.
Article 79 – Senate
The Senate shall consist of eight (8) regions with each having eight (8) representative members, members to be preferably chosen through election by secret, free, public and individual voting in accordance with the election law. If an election does not produce a member, then the prevailing tribe will appoint a member for the Senate. Regional boundaries are to be described by law. The eight (8) regions shall be loosely defined by cities as
Region 1 Butnan, Musaid, Bardiyah, Kambut, Tobruk and Al Jaghbub;
Region 2 Jabal Al Akhdar: At Tamimi, Martube, Derna, Ra's Al Hilal, Al Qubah, Mechili, Labraq, Susah, Shahat,Al Bayda, Qasr libya, Al Bayyadah, Marawah, Taknis, Jardas Al Abid, Battah, Al Marj, and Farzoughah;
Region 3 Benghazi: Tocra, Al Militaniya, Al Abyar, Daryanah, Bu Marim, Kuwayfiyah, Ar Rajmah, Banina, Benghazi, Suluq and Qaminis;
Region 4 Ajdabiya: Sultan, Az Zuwaytinah, Ajdabiya, Marsa Al Brega and Uqaylah;
Region 5 As Sidra Gulf: Maradah, Zaltan, Zillah, Ras Lanuf, As Sidr, Bin Jawad, An Nawfaliyah, Wadi Harawah and Sirt(e);
Region 6 Al Wahjat: Jakharrad, Jakharrah, Aujilah and Jalu;
Region 7 Jufra: Waddan, Hun, Sokna, Zella and Al Fuqaha; and
Region 8 Kufrah: Tazirbu, Buzaymah, and Alawf.
The map of Barqah attached as part of this document shows the boundaries is also part of this Constitution and details locations of each region.
Any and all tribes whose membership equals more than eight (8) thousand members will have a Senator for representation, which shall be included in the total number of sixty-four (64) Senators.
Representation will be equal among the entire region, and equality will be considered in distributing seats within the region, while ensuring appropriate representation for every section and social, cultural and linguistic component of the State people.
There will be no more than sixty-four (64) Senate members equally divided per the eight (8) regions at any time. No region may appropriate another regions membership. There will be no representation allowed by a member for more than one region. Elections law will determine, in accordance with above stipulations, to ensure representation equally and fairly, even if combining some areas to arrive at the number of members to be appointed or elected.
Article 80 – Requirements for Senate
A candidate for Membership of the Senate must be the following:
1. Muslim citizen of the State, whose parents are both Muslim, and who does not hold another nationality.
2. Has his or her name listed in the election tables of the electoral district.
3. Enjoys his or her civil and political rights.
4. Has at least a successful secondary education qualification (high school).
5. Has completed thirty (30) years of age upon the date of candidature.
6. Has not been convicted in a final judicial ruling in a felony or misdemeanor which undermines honor or trust.
7. In addition to the other conditions provided for in the election law.
Article 81 – Senate Term
The Senate’s term is six (6) years starting from the date of its first meeting. The first election will have staggering terms, with twenty-one (21) Senators to be elected for a two (2) year term; twenty-one (21) Senators to be elected for a four (4) year term; and twenty-two (22) Senators elected for the full term of six (6) years. Second (2nd) election, two years after the first election under this Constitution, will replace the two (2) year term with the full term of six (6) years. Likewise, the four (4) year terms will be replaced with elections to a six (6) year term. Thereafter elections will take place during the last three (3) months of every three (3) years, and those whose term has finished can be re-elected one (1) time. The President of the State or the Head of the House of Representatives calls for the meeting within ten (10) days of the date of announcing the final results of the elections.
Article 82 – Senate Authorities
The Senate has the following authorities:
1. Reviews draft laws and draft amendments of the laws referred to it by the House of Representatives to be approved or amended without prejudice to provisions of this Constitution, and refers them to the House of Representative for their passage approval or for amendments.
2. Support to national unity.
3. Protection of the core foundations of society.
4. Economic and social development projects according to the Government’s program and priorities.
5. Combating terrorism, extremism, violence and exclusion.
6. Support to national reconciliation efforts and social peace through current mechanisms.
7. Voluntary and safe return of refugees and displaced persons.
8. Role of media in supporting peace efforts and rejection of the culture of violence and hatred.
9. Support and assist fact-finding commissions and anti-corruption institutions towards the conduct of their duties.
10. Manage national affairs in the interest of the country, according to laws, bylaws, regulations and decisions in force.
11. Issue decisions regarding the structure and management of the executive bodies and institutions affiliated with the Government as necessary and appropriate, and upon consultation with the relevant authorities.
12. Ratifying regional and international agreements and treaties.
13. Approving proposed constitutional amendments.
Article 83 - Referrals to House of Representatives
On the following subjects, referrals to the House of Representatives will be within fifteen (15) days of the date of passage in the Senate:
a. Financial system of the state and the public budget;
b. Local administration (local government);
c. Nationality and immigration;
d. Political asylum;
e. Referendum and elections;
f. Political parties;
h. Political rights and public freedoms;
i. Exploiting natural resources;
j. Organizing the judiciary;
k. Army and the police.
Article 84 – First Session
The Senate holds its first session chaired by its eldest member, with the youngest member acting as rapporteur, in order to elect the Senate’s Speaker which consists of a speaker and two deputies, who serve a three (3) year term. Senate shall develop its own bylaws (rules of procedure). Senate will hold periodical meetings, the duration between which shall not exceed thirty (30) days.
Article 85 – Senate Meetings
The Senate’s meetings shall not be valid unless at least two-thirds (2/3) of the members attend; and decisions shall be taken with at least an absolute majority of the members of the Senate.
Article 86 – Senate Opinions
1. The Senate shall express its opinion in other matters on which the Government decides to seek its advice. It may, to this end, prepare the necessary notes, studies and reports. In order to fulfill its duties, the Senate may establish specialized committees from among its members, and may utilize the assistance of the competent and experienced State experts. There will be no extra payments made for committee appointments with this stipulation made by law and this Constitutional article.
2. The Senate can express advisory opinion and offer necessary proposals in matters relating to concluding of or acceding to international agreements.
Article 87 – Required Reply
The Senate must reply in writing to any request from the Government or the House of Representatives within fourteen (14) days of the date of receiving such request.
The House of Representatives
Representation of the Country’s population, responsible for all sections of the Budget working with the Prime Minister, creating bills as stipulated in this Constitution, approving draft laws and their amendments and working with the Senate through Committees, Joint Committees, and Joint sessions.
Article 88 – The House of Representatives
The House of Representatives consists members elected through free, public and individual voting in accordance with the election law. The number of representatives shall be determined by population with one representative elected per forty thousand (40,000) on the same basis for all regions, any region with population less than 200000, with the provision no region will have less than five (5) House of Representative members; except for the population formula, no one region will have any other and/or different formula for election of representatives than any other region. Appropriate representation of all sections and social, cultural and linguistic components, which will include a mandatory number of seats for woman, of the State's people must be ensured through election laws and this Constitution.
Article 89 – House Member Requirements
A candidate for the membership of the House of Representatives should be:
1. Muslim citizen of the State, whose parents are both Muslim, and who does not hold another nationality.
2. Has his or her name listed in the election tables of the electoral district.
3. Enjoys his or her civil and political rights.
4. Meets educational qualification of successful secondary education (high school).
5. Completed twenty-five (25) years of age upon registering candidature, and has his name enlisted on the election lists in the electoral district.
6. Not convicted of any felony or dishonorable misdemeanor.
7. In addition to the other conditions provided for in the election law.
Article 90 – House Term
The House of Representative’s term is two (2) years starting on the date of its first meeting with one renewal restriction. Elections to renew the House of Representative are to take place during the last sixty (60) days of its term. The President of the State or the Prime Minister calls the House of Representatives to a meeting within fourteen (14) days of the date of announcing the final results of the elections.
Article 91 – First Session
The House of Representative holds its first session chaired by its eldest member, with the youngest member acting as rapporteur, in order to elect the House of Representative’s presidency which consists of a Head speaker and two (2) deputies, who serve a two (2) year term. The next election of the House’s presidency takes place in accordance with the House’s bylaws.
Article 92 – House of Representatives Authorities
The House of Representatives will initiate, examine and propose the necessary policies and recommendations for the following topics:
1. Support to national unity.
2. Protection of the core foundations of society.
3. Economic and social development projects according to the Government’s program and priorities.
4. Combating terrorism, extremism, violence and exclusion.
5. Support to national reconciliation efforts and social peace through current mechanisms.
6. Voluntary and safe return of refugees and displaced persons.
7. Role of media in supporting peace efforts and rejection of the culture of violence and hatred.
8. Support and assist fact-finding commissions and anti-corruption institutions towards the conduct of their duties.
9. Adopting the general budget as detailed in Articles of this Constitution.
Article 93 – General Obligations
The House of Representative shall create a specialized committee of financial and economic experts charged with the following responsibilities:
1. Drawing the State’s financial policies;
2. Following up on the financial system and organizing financial relations;
3. Identifying the State’s financial needs within specific periods of time in order to be approved;
4. Suggesting appropriate standards to achieve financial stability.
Article 94 – Supreme Commander in Chief of the Armed Forces
The Head of the House of Representatives is the Supreme Commander in Chief of the Armed Forces whose task is to protect the sovereignty of the state, its territorial integrity and its security. He shall also head the National Defense and Security Council.
Within thirty (30) days of approval of this Constitution and assuming its duties, the House of Representatives will present a Draft Law on the terms of reference and work system of the National Defense and Security Council, while taking into account the creation of mechanisms which will allow the Council to communicate with parties capable of promoting its work in relation to issues which concern them. This Draft Law will specify the competencies of the leadership levels in the army within a period which does not exceed three (3) months from the date of commencing its functions. Should this draft law not be created within the specified time period, the Head of the House of Representatives will create a temporary Draft Law for the named purpose stated in this Article of the Constitution, to be effective immediately until the creation of a permanent Draft Law.
Article 95 – Specialized Committees
Specialized committees in the House of Representative can accept or reject proposals for draft laws or draft proposals to amend laws within a period not exceeding thirty (30) days, and its decision to accept or reject the proposal shall be justified in writing. Specialized committees can hold hearings about certain proposals in the presence of experts and specialized individuals from the government, research centers and universities. Specialized committees will draft the accepted proposals in the form of draft laws, refer such within thirty (30) days of receiving them in the House of Representative to vote on their passage, with the exception of draft laws received from the government, which should be referred to the House within fourteen (14) days of receiving them. Any proposal rejected by the House can not be presented again in the same session.
Article 96 – Draft Amendments
If the House of Representatives approved a draft law, or a draft amendment of a law, it shall be referred within a period not exceeding three (3) days to the Speaker of the Senate for passage and be published within thirty (30) days of the date of referral. The law shall enter into force as of its publication in the Official Gazette. The Speaker of the Senate may return the draft law with amendments, and the House of Representatives can approve the draft with amendments with an absolute majority, within fourteen (14) days, or without amendments with two-third (2/3) majority. In all cases, the draft if approved by both Chambers of Parliament shall be referred to the President of the State to have it passed within eight (8) days. If the House did not approve the law, in its originality or with amendments, it becomes null and void.
Fiscal Responsibility of House of Representatives
Article 97 – Discussion and Approving the General Appropriations Act (Draft Budget)
1. The Government submits the draft budget to the House of Representatives by September 30 every year to be examined and approved, title by title. No delay shall be made except upon permission of the legislative authority in emergency cases which will not be permissible past thirty (30) days. The Government in preparing for its annual budget, will be guided by the following principles to increase transparency and accountability with regards to preparing the budget and expenditure process, and to revisit the role of and need for various support policies in the national budget.
1. The fiscal year is to be established by law taking into consideration dates of the budget year and to report dates of the national audit bureau.
2. Rules for drafting and executing the budget, for its books, records, documentation, accounting and legal standards, the identification of the persons who authorize spending, and the rules and conditions of closing the State’s final accounts will be passed in a law, with explanatory regulations, which include all the records and documents related to the documentation cycle of the State and its institutions.
3. The House of Representatives will discuss the budget with the Government. It has the right to consult specialized experts within a period of sixty (60) days from the date of the submission of the budget; and it will be approved at the latest, by December 30 of every year. The budget shall be passed in a law.
4. Every expenditure which is contemplated though not included in the budget, or in excess of the estimates presented in the budget thereof, will be referred to the House of Representatives for examination and approval; and its permission will be required, in advance, in writing, whenever it is desired to move an amount from one budget item to another.
House of Representatives will create an Emergency Strategic Account to face crises, including but not limited to natural disasters, problems in the national, regional and global economy and emergency situations, whose expenses the Government as a part of the approved draft budget.
The House of Representatives will also create in the same vein, a Budget Support Account, for when the financial resources of the State diminish, when there is extra development spending, or to face rising prices in regional and global markets.
5. A carry-forward balance should never be considered a surplus if there are postponed payments, deliberate under-funding of vital services, and/or money not used for the intended purposes. A Supplemental Appropriations Act is necessary to provide for any needed changes to the fiscal year which has not yet ended, as well as approve passage of other smaller appropriations acts and revenue bills which could be needed in addition to the general appropriations act (budget).
6. When necessary, a draft extraordinary budget, lasting for up to one (1) year, can be drawn, including extraordinary revenues and expenditures, and cannot be executed unless approved by the Joint House of Representatives and Senate Committee.
Article 98 – Final Accounts
The State’s final accounts for the ending fiscal year will be submitted to the legislative authority to be discussed and approved at the latest by the end of March of the next year; and no delay will be permitted. The Prime Minister is held accountable. If such accountable is not held to be, the primary state Bank will suspend the funding of the budget, and the House of Representatives will discuss the final accounts and approve them within sixty (60) days of the date of submission.
Article 99 – General Appropriations Act Budget Statement
Together with the General Appropriations Act (draft budget), the Government will submit to the House of Representatives a comprehensive statement on the financial and economic condition of the State, the measures taken to execute budget allocations, and the implications to the draft budget by the end of December of every year. This Budget Statement which shall be made public, will also be printed in the Official Gazette, by no later than January 15 of each year.
Article 100 – Borrowing
1. The Government must not borrow, obtain funding, or shift allocations from one budget item to another except if and after being approved by the House of Representatives and the Senate and as detailed in this Constitution. Such approval will be required, in advance, in writing, before any action will be taken by the Government.
2. No public loans or commitments, which require payments from the public treasury, will be made except by law.
Article 101 – Making Temporary Monthly Allocations
If the finalized budget is not approved before the beginning of the fiscal year, the Prime Minister will be allowed to make temporary monthly allocations on the basis of one-twelfth (1/12) of the allocations of the previous year, upon a presidential decree, and for a period not exceeding three (3) months beginning on January 1 and ending on March 31. Revenues will be collected and expenditures spent in accordance with the laws in force at the end of the last fiscal year. New expenditures in excess of the allocations must be approved in the budget by the House of Representatives.
Article 102 – Making Payments from the Public Treasury
The law will identify the rules and conditions of paying salaries, pensions, wages, rewards, assistance and compensations decided by the public treasury and the authorities executing these items. All of these rules and conditions will be made public at the time of inception as well as printed in the Official Gazette. No exceptional amounts will be paid except within the limits of the law.
Article 103 – Surplus Allocations
Surplus allocations from the previous budget and the balances remaining in the bank accounts at the end of the fiscal year identified by the law will be returned to the Ministry of Finance. A detailed report, supported by the necessary documents, will be prepared and submitted to the House of Representatives for examination and any necessary measures to be taken concerning these allocations and balances. The House of Representatives will consult with the Government in this regard.
Article 104 – Outside the Budget Accounts
No account, under whatever name, will be opened outside the budget, and no money will be transferred to any account except by written permission of the House of Representatives.
Provisions Common to the Two Chambers
Article 105 – Location
The Parliament shall be based in the city of Benghazi, and each of its two Chambers hold their ordinary meetings in accordance with the law in two (2) ordinary sessions every year, and each session shall last at least three (3) months. It can hold its meetings in any other place. One of these ordinary sessions shall begin on the first Monday in March, 2018, unless there shall by law be appointed a different day.
Article 106 – Sessions Meeting Time
The Senate shall meet at the same time as the House of Representatives; its sessions shall close at the same time as the House of Representatives.
Article 107 – Presiding Officer
The President of the Senate shall preside whenever the two Chambers meet together in Parliament. In his absence, the Speaker of the House of Representatives shall preside.
Article 108 – Special and Extraordinary Sessions
At least ten (10) members of the House of Representatives or five (5) of the Senate must propose to hold a special session of the Chamber to which they belong in order to discuss a subject or to receive clarifications about the policy of the President of the State or the Government on the subject. During extraordinary sessions, Parliament shall not discuss, except with the consent of the Government, questions other than those for which it has been convened.
Article 109 – Rules of Chamber
Each Chamber will adopt during its first meeting its own decision-making mechanisms with a two-thirds (2/3) majority of its members. Senate and House of Representatives will conduct a review of the previous rules of procedure either adopting or changing as per two-thirds (2/3) majority of its members.
Article 110 – Chamber Elections
In its first meeting, each Chamber will elect its President or Speaker, two (2) deputies and a rapporteur, and shall develop its own bylaws. Each Chamber will hold periodical meetings, the duration between which shall not exceed thirty (30) days. In order to fulfill its duties, the Chambers may establish specialized committees from among its members, and may utilize the assistance of competent and experienced State experts. Development of legislative work in order to promote efficiency and transparency is paramount. Voting on questions under discussion in each Chamber shall take place in the manner prescribed in its rules of procedure.
Article 111 – Speaker Order
Both Chambers of the Parliament meet under the Chairmanship of the Speaker of the Senate; and in his absence the meeting is chaired by the Speaker of the House of Representatives, and if he/she is absent, the eldest member of those present chairs the session with the attendance of the majority of the members, in the following cases:
1. Opening the legislative session;
2. To hear the oath of the President of the State;
3. To listen to the speeches of kings and presidents;
4. To listen to the speeches of the President of the State on issues of a national import;
5. Holding consultative sessions for both Chambers.
Article 112 – Order and Security
The Head of each Chamber shall keep order and security in his Chamber; and no armed force might enter the Chamber or be close to its doors except upon the request of its speaker; and any aggression against the premises of the two Chambers is considered a crime punishable by law.
Article 113 – Challenges of Parliament members
Challenges to the validity of the election of members of any of the two Chambers of the Parliament must be submitted within three (3) days of announcing the final results, and the challenge must be filed before the competent court. The Constitutional Court decides on the challenge within thirty (30) days of the date of receiving it; and if the Court rules that the membership is invalid, the Chamber to which the member belongs takes a decision to end his membership as of the date of informing him or her of the decision.
Article 114 – Resignation
The resignation of any member from either of the two Chambers shall be accepted providing that it is made in writing, and providing that the Chamber to which the member belongs has not started procedures to withdraw his membership.
Article 115 – End of Membership
Membership in either of the two Chamber will end for any one of the following reasons:
1. Death, or becoming unable to discharge one’s duties;
2. The member’s resignation, dismissal, or losing one of the conditions for candidature;
3. Dismissal in accordance with the cases and mechanisms regulated by the bylaws of each Chamber. The decision to terminate membership is passed by the Chamber to which the member belongs.
Article 116 – Alternate Member
When a seat of a member in either of the two Chambers becomes vacant for any of the reasons detailed in this Constitution, at least six (6) month before the end of membership, an alternative member shall be chosen in accordance with the election law and in accordance with provisions of this Constitution within thirty (30) days of the date of the vacancy, and the term of the new member extends until the end of his predecessor’s term and ends by the end of the House’s or Senate’s term.
Article 117 – Quorum Requirements
The meetings of either of the two Chambers shall not be valid unless two-thirds (2/3) majority of the members are present at the opening of the meeting. Neither of the two Chambers can take a decision unless a two-thirds (2/3) majority of its members are present at the time of the decision.
Article 118 – Absolute Majority
Both the Senate and the House’s sessions shall not be valid unless attended by at least an absolute majority of the members. Decisions will only be taken with an absolute majority vote of members when approving laws, and in any other cases provided for by the Constitution.
Article 119 – Public and Secret Meetings
The meeting of either of the two Chambers or joint meeting of both Chambers shall be public and deliberations shall be documented in minutes in accordance with the rules of procedure and published in accordance with the conditions stipulated by the law. Each Chamber shall, at the request of the Government or with the approval of the majority of the members present, upon the request of twelve (12) of its members, go into secret session in order to decide whether the discussion on the question before the Chamber is to be held in public or in secret.
Article 120 – Issuance of Laws
Each of the Chambers issues its own bylaws (rules of procedure) in accordance with the Constitution, and is to be published in the Official Gazette. In drafting their bylaws, each Chamber will take into account coordination and complementarity with the other Chamber in order to ensure efficiency of parliamentary work.
Article 121 – Bill Discussion
Neither Chamber may discuss a bill before it has been considered by the appropriate committee in conformity with its rules of procedure.
Article 122 – Questions
Every member in the Parliament can put questions to the Prime Minister or a minister on any subject within their mandate in the form shown in the House’s bylaws and in a manner that doesn’t limit the member’s right to express his opinions and comment on the answer. Questions must be answered in the same session, and the member has the right to comment on the answer. No discussion, in the framework of questioning, takes place except after eight (8) days of the date of submitting for a questioning session and within a period of thirty (30) days, except in emergency situations, and after the approval of the person questioned.
Article 123 – Transmittal of Bill between Chambers
Every bill adopted by one of the two Chambers shall be transmitted by the President (Speaker) of that Chamber to the President (Speaker) of the other Chamber.
Article 124 – Rejected Bills
A bill which has been rejected by either Chamber may not be re-introduced at the same session.
Article 125 – Amending Law
Proposing a draft law, or a draft proposal to amend a law to the relevant committee in the House of Representatives is the right of:
1. The Prime Minister whom will be joined by the Prosecutor to act jointly;
2. Twenty-five (25) members from each of the two Chambers of Parliament;
3. Thirty thousand voters (30,000) eligible and registered, submitted through petition meeting all legal requirements. Any judicial authority or constitutional body can propose any draft laws related to its own affairs.
Article 126 – Disagreement Draft Law
If the two Chambers disagree twice about a draft law, a joint committee consisting of an equal number from the two Chambers shall be formed to settle differences, and propose a consensus text after which the draft law shall be referred to the two Chambers for voting. If the joint committee failed to reach a consensus solution within sixty (60) days of the date the proposal is presented for the first time to the Senate, the Senate makes the necessary amendments, voting on said proposal. If approved by the Senate, the draft law shall be referred to the House of Representatives to take the necessary measures for voting whether or not to pass.
Article 127 – Opinions
Either Chamber shall express its opinion in other matters on which the Government requests their advice. It may, to that end, prepare the necessary notes, studies and reports needed. Each Chamber shall have the right to investigate, in accordance with its rules of procedure, specific questions within its competence.
Article 128 – General Revenues
1. All revenues, including taxes, duties, loans, grants, profits and returns due to the State from its possessions go to the State public treasury General Funds, for the responsibility of paying for salaries, pensions, wages, subsidies, rewards, assistance and compensations. No amount of public treasury money will be allocated or spent for any purpose whatsoever except by law. Revenue to the State includes the extraction of resources: oil, natural gas, minerals and other substances with an economic value.
2. The State of Barqah will receive thirty (30) percent of all general revenues collected for operation of the State government. No additional amount can be distributed to the State government for any purpose at any time without a majority approval from the House of Representatives as defined by law and this Constitution.
3. Other funds, which includes the Federal Highway Fund and any other funds designated by law, fifty (50) percent of all revenue from gasoline and diesel fuel tax will be considered part of the General Revenues for the State of Barqah. Fifty (50) percent of all revenue from gasoline and diesel fuel taxes will not be considered General Revenues and will be allocated with sixty (60) percent of this fifty (50) percent not considered part of the General Revenues to be used to construct and rebuild highway infrastructure statewide. The remaining forty (40) percent will be used equally divided by the eight (8) Regional Councils.
4. Property Tax Relief Fund, which is used to reduce local property taxes, is not considered General Revenue and is a Regional fund.
5. The Economic Stabilization Fund, commonly called Rainy Day Fund, whose purpose of the fund is to protect the State's ability to provide ongoing services in each of the eight (8) Regions of the State of Barqah. This fund is not intended to cover only one-time costs or to be set aside to respond to natural disasters as these are the obligation of both the Regions and the State governments. A cap, no more than 5% of all revenues, may be set by the legislature with any change requiring a two-thirds (2/3) vote of eligible voters to spend money from the fund.
6. State of Barqah Government will be responsible for costs of all universities, colleges, and technical trade colleges and for research and research centers.
7. Oil Revenue will not be used as a determining factor in revenue distribution other than as noted in this Constitution.
Where and when possible up to ten (10) percent allocation of the revenues of extracted resources, evenly divided, will be made to the eight regions for the explicit purpose of creating alternative, national and sustainable projects, as determined by law.
Development of oil, natural gas, or minerals or other natural resources is defined to include the activities of exploration, extraction, processing, and export, with income to include taxes, royalties, fees (including license fees), production entitlements, bonuses, dividends, and payments for infrastructure improvements, including signature, discovery and production bonuses, dividends, including dividends paid in lieu of production entitlements or royalties.
Additional information to be reported quarterly are:
1. type and total amount of payments made for each project;
2. type and total amount of payments made to each branch of Government;
3. total amount of the payments, by category;
4. currency used to make the payments;
5. financial period in which the payments were made;
6. business segment of the resource extraction issuer who made the payments;
7. the government that received the payments, and the country in which the government is located;
8. the project of the resource extraction issuer to which the payments relate,
9. any other requirements enacted by law.
Article 129 – Definition of Taxes
1. Imposing, modifying and canceling taxes will not be done except by law. No one will be exempted from them except in the cases identified by the law; and no one will be charged to pay any other taxes, fees or costs except within the limits of the law.
2. The law identifies the special rules for collecting taxes, duties and other public money, and the procedures for spending them and as defined in this Constitution. As dictated by law, the State of Barqah collects the taxes for the General Revenue funds for the government; the State of Barqah also collects the taxes on the gasoline and diesel fuel taxes for highway infrastructure statewide and the eight (8) Regions to be paid from the highway fund and to the regions on a quarterly basis following the fiscal quarter in which they were earned.
Article 130 – Right to Reclaim Public Money
The State will commit itself to the following necessary measures:
1. Tracing, uncovering and reclaiming public money to the public treasury;
2. Reclaiming State-owned property illegally taken away by others, wherever possible;
3. Tracing and uncovering grants, donations, allocations and all transactions related to transferring ownership of State-owned property in violation of legislation, reclaiming them or reclaiming their value in order to protect those who acted in good faith;
4. Expropriating money resulting directly or indirectly from crimes of corruption;
5. Drawing an inventory of State investments in and outside the country and determining their status.
In order to achieve this, the State will implement international agreements and conclude the necessary agreements in order to obtain legal and judicial assistance. Without prejudice to the principle of banning those who committed crimes of corruption from assuming public office, the State will identify the legal framework for negotiations with
those subject to legal prosecution to ensure the reclamation of public monies.
Article 131 – International Relations
The relations of the State shall be based on the principle of good neighborliness and non-interference in internal affairs of other states and on basis of joint interest, reciprocity and peaceful settlement of disputes.
Article 132 – Foreign Policy
The foreign policy shall be based on the independence and sovereignty of State, guarantee of national interests, development of cordial relations with other states, and cooperation with regional and international organizations within the norms of international law.
Article 133 – International Treaties and Agreements
The State shall commit itself to the international treaties and agreements which it ratifies, with emphasis on the principle of reciprocity. These shall be supra-legal and infra-constitutional. Transparency in international relations is protected by the Constitution since no treaty or agreement may contain secret conditions that contradict its declared conditions.
Article 134 – Joint Committee on Draft Laws for referendums and general elections.
The House of Representatives and Senate shall commit themselves no less than thirty (30) days of this Constitution coming into effect, to establish a joint committee between them, which task shall be proposing the necessary draft laws including laws on referendum and general elections.
Article 135 – Joint Committee on Reconstruction Commission
The House of Representatives and Senate shall commit themselves, no less than thirty (30) days of this Constitution coming into effect, to establish a joint committee between them, which task shall be to establish a reconstruction commission to lead and coordinate reconstruction efforts in areas affected by the conflict.
Article 136 – Specialized Institutions Committee
Five (5) representatives for each of the House of Representatives and the Senate, shall meet within fifteen (15) days of the date of election resulting from this Constitution and assuming its duties in a session specifically convened to deliberate on the suitable decision for:
a. Governor of the State Central Bank
b. Head of the State Investment Authority
c. Governor and Board of the State corporation for oil and minerals
d. Head of the State Audit Bureau
e. Head of the Administrative Oversight Authority
f. Head of the Anti-corruption Authority
g. Head of the State Electoral Commission
h. Head of the State Post Telecommunications and Information Technology Company.
Article 137 – Extraordinary Cases
Both Chambers of Parliament can meet in extraordinary cases in the Parliament’s headquarters or in any other place on the request of the President of the State, or whoever succeeds him in accordance with provisions of this Constitution, or upon the request of one–half (1/2) of the members of both Chambers, in the following cases:
1. Approving the declaration of war and ending the war;
2. Imposing a state of emergency and lifting it;
3. Sending military forces outside the borders of the state.
The sessions shall be chaired by the President of the State or whoever succeeds him in accordance with provisions of this Constitution; and decisions shall be taken with an absolute majority vote of the present members, provided that the number is not less than two-thirds (2/3) of the members in both Chambers. Any extraordinary meeting of the Parliament held in violation of this article is null and void, and any decisions taken by such a meeting are null and void.
Article 138 – Committees
Each of the two Chambers, in accordance with its bylaws, will create the committees necessary for its work, and which will discharge their duties during Parliament’s vacation. Each of the two Chambers will also create official committees in order to investigate certain matters within their mandate. In discharging their duties, they will collect whatever evidence they find suitable and to request hearing witnesses testimony. The executive and administrative authorities shall then provide them with whatever documents or other materials they request. Matters which are subject to a court trial or ruling will not be investigated as these fall under the Attorney General Prosecutor jurisdiction.
Article 139 – Budget Passage
Neither Chamber of the Parliament will be stopped or dissolved in their ordinary sessions before approving the public budget.
Article 140 – Parliamentary Immunity
Members of the Parliament enjoy parliamentary immunity, and each of the two will charge any of their members of committing high treason or a violation of the constitution. The indictment shall be issued by the Chamber to which the member belongs upon a request made to the Speaker by at least twelve (12) members of any or the two Chambers, and with the absolute majority of the members. The decision includes lifting the member’s immunity and suspending him, and referring the case to the Attorney General to take the necessary legal actions. When a member is convicted, the relevant Chamber passes a decision to disqualify him or her; and the convicted person remains subject to the charge and to trial, sentence, and punishment in accordance with the law.
Article 141 – Criminal Procedures
1. A member of the Parliament shall be subject to the criminal procedures provided for by the law in cases of flagrant e delicto, or a dishonorable misdemeanor. In cases other than flagrant e delicto, no criminal measures will be taken against a member except upon prior permission of the Chamber of Parliament to which he or she belongs, and upon a written request by the Attorney General.
2. The House of Representatives is informed orally and in writing by the House of Representatives Speaker in its first session after the filing of the written request by the Attorney General. The decision on the request to take criminal measures against the member will be taken within fourteen (14) days at the latest of the date of receiving the request; otherwise the request shall be considered accepted.
Article 142 – Good Governance and Anti-Corruption
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 and with Parliament Joint Committees, as well as consolidating the values of transparency, integrity and accountability.
1. Engage citizens and society institutions.
2. Prohibit corruption in the public and private sectors. Structural reforms of institutions with the objective of guaranteeing they are based on the principles of transparency, integrity and accountability; and dissolving all the institutions who violate provisions of the Constitution;
3. Government contracts and procurement system shall be based on the values of justice, fairness, transparency and cost effectiveness.
4. Non-conflict of interests with regards to public interest.
Article 143 - The Good Governance and Anti-Corruption Commission
The Good Governance and Anti-Corruption Commission will create and supervise various Justice Committees throughout the State who are committed to take all necessary measures to enshrine the principle of non-escape from criminal prosecution in relation to all those who took part in systematic violations of human rights and crimes of financial and administrative corruption. Protect informants and witnesses. The Commission shall conduct inquiries on, and uncover, cases of corruption in the public and private sectors, as well as investigating such cases and launching public lawsuits in this regard. The law shall specify corruption crimes which are under its jurisdiction and its relation with the Public Prosecutor's office, Administrative Oversight Commission and the audit bureau. The State shall be committed to put in place the necessary measures and mechanisms to hold community dialogue, uncover the facts, achieve fairness, reconciliation and constitutional and legislative reform. These mechanisms shall be independent, neutral, objective and conducted by individuals who have diverse competencies, expertise and integrity and in a manner that ensures they do not involve any kind of political liquidation.
Article 144 - Violation of Right to Hold Public Office
When the principle of banning violators of rights from assuming public office is violated, the authority charged with fact finding and reconciliation shall examine the possibility of filing a criminal case concerning systematic violations of human rights based on requirements of national interest, the rights of victims and victims’ relatives, the requirements of fact finding and banning rights violators from assuming public office.
a. Prohibit those who received a final conviction in a corruption crime from holding public posts.
b. Ensure the restitution of public assets, and compensate for their destruction or damage, as well as prohibit the application of amnesty or the statute of limitations in such cases. Without prejudice to its right to prosecute violators of rights, the State shall be committed to compensate victims and affected parties, individuals, groups, or regions in proportion to the harm or damage done. Financial and moral compensation includes individual, collective and regional compensations. This applies to:
1a. Systematic violations of human rights;
2b. Military operations and armed conflicts.
Article 145 - Transparency and Integrity
The Commission will uphold the values of transparency and integrity and be subject to audit, accountability and oversight in conformity with the aspirations of the Barqah people and in a manner that ensures that the priorities of citizens are achieved. The Commission will ensure development of its program to include a budget meeting the priorities of citizens. It shall discuss this budget in open transparent sessions while activating and enabling oversight bodies, such as the audit bureau and Parliamentary committees, to follow-up and assess government performance during the implementation of its program and how this is reflected in the decided budget. This shall be achieved through the submission of periodic reports and provision of support to anti-corruption mechanisms and establishment of effective practices that aim for transparency and anti-corruption, ending with upholding the principles of rule of law and good governance.
a. The Commission will co-operate with and encourage the State’s sovereign institutions to identify and scrutinize financial transactions, which may raise flags for anti-money laundering (AML) authorities both within and outside of Libya. Enhanced perceptions of risk and the rise in AML-related requests from non-Barqah financial institutions should be recognized and addressed by the development of effective AML policies by the Government working collaboratively with Barqah's sovereign institutions.
b. The Commission will commit itself to take the necessary measures towards accounting for and returning offshore State funds, including all recovery efforts, legal actions or government-to-government agreements. Any engagement of independent consultants, advisers and representatives with respect to asset ring-fencing and recovery shall be competitive, public and shall conform to the standards for government contracts and tenders described above.
c. The Commission shall be managed by a council comprising five (5) members who shall be elected by direct, secret and free voting under the supervision of the National Elections Board; the legislative authority shall elect a chairperson from among them. They shall perform their duties for six (6) years which may be renewed once.
Article 146 – Law and Order Committee Judicial Inspection Authority
The Law and Order Committee is oversight committee for the Judiciary and all administrative legal tribunals, a judicial body and is established by law operating independent of the Constitutional Court. It shall comprise a chairperson and deputy as well as a minimum number of three (3) counselors and a maximum number of five (5) whose rank shall be no less than a deputy [head] of the appellate court or equivalent. The total number of members must be make an odd number, not an even number of members. This Committee judicial body will not be members of any other judicial body and all members shall be approved by the Senate of the legislative authority. They will also investigate administrative and financial infringements, and the administration’s overstep of its authority. The law regulates this and other competences of this Committee judicial body.
This Committee is to create and supervise various Justice Committees throughout the State who are committed to take all necessary measures to enshrine the principle of non-escape from criminal prosecution in relation to all those who took part in systematic violations of human rights and crimes of financial and administrative corruption. Protect informants and witnesses.