Article 189 - Boundaries
The 16th Parallel of Longitude marks the western boundary of Barqah or Cyrenaica from Tripolitana. The State will include Ras Lanuf on the coast to the west and extending eastward from the Gulf of Sidra to Egypt. The historic and largest city functioning as the political and administrative center is Benghazi or as designated by law. This division line will place Sirte, Hun, Waddan, the entire Jufra region, and the area known as the Oil Crescent with Ras Lanuf and Bin Jawad within the boundaries of State of Barqah down to Kufra at the very southern point of the State.
Each region within the State of Barqah or Cyrenaica shall enjoy within its administrative boundaries, administrative and financial independence and full legal personality. Neither the Minister of Local Government nor Regions Council nor Municipal government has absolute power. The State will place its Minister of Local Government, legislation and regulations in order with this principle. The law shall stipulate the executive details according to the provisions of this Constitution. The State is divided into administrative units in conformity with the law who will enjoy within its administrative boundaries, administrative and financial independence and full legal personality. The local governance system in this Constitution is based on administrative and financial decentralization and the two (2) principles of equal opportunities and fair allocation of wealth. The State will place its legislation and regulations in order with this principle. The law shall stipulate the executive details according to the provisions of this Constitution. Security, Judiciary, Health, Education and others so listed will be under local government budgets. The State will be responsible for all departments which are at a national or state level.
Article 190 – Legislative Authority
The legislative authority of the State shall be competent within the jurisdiction of the legislative powers in the regions under this Constitution.
The State is divided into administrative units according to the law. Barqa, Barqah, is Cyrenaica.
Article 191 – Administrative division of the regions
Municipalities in each region are to be determined by law.:
a. Municipalities over 100,000;
b. Municipalities of 10,000 to 100,000;
c. Municipalities of less than 10,000.
1. Municipal areas shall be declared having regard to the population of the area, the density of population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, and the economic importance or such other factors as may be specified by the Regional Council in public notification for this purpose.
2. Municipalities over 100,000 will be divided into wards according to its population and council members elected from each ward. Members elect a Mayor among themselves to preside over and conduct meetings.
3. Some declared Municipalities will be territorial in nature because of the geographical area covered while others will be based on charters for cities.
4. Local Municipalities bear the cost of education for the young. Federal funds should be no higher than 33 or one-third per cent cost of total budget.
Article 192 – Minister of Local Government
Minister of Local Government performs the functions of the position as a councilor for the regions. Each of the regions are to support the people in their municipalities and throughout the entire area of the region. Equal opportunity between areas is one of the requirements for equal opportunity among citizens and social stability, harmony and peace. Villages and cities must be developed, and ensure a suitable and balanced distribution of services among them. Of primary importance is the establishment of a working relationship between the Minister position and the administrative officers of each local municipality. Minister of Local Government to be determined within forty-five (45) days of ratification of this Constitution.
The Minister is to ensure resources and projects are distributed in accordance with economic competencies as well as balanced and sustainable development. Take necessary measures to encourage economic activities in all areas. Monitor the performance of the municipalities and hold them accountable in a manner consistent with State sovereignty.
Monitor the performance of the municipalities and hold them accountable in a manner consistent with State sovereignty. Prepare each region’s annual budget in cooperation with all local municipal councils and unrepresented areas and submits to the State’s legislature.
Article 193 – Governance of towns and cities and competencies
1. Municipalities shall determine through Referendum vote for one of three forms of governance.
a. Mayor-Council whose characteristics include the Mayor elected separately from the council and is full-time and paid with significant administrative and budgetary authority as described in the municipal charter.
b. Council-Manager whose characteristics include oversight of the general administration, makes policy, sets budget, acts as a professional city manager to carry out day-to-day administrative operations. The mayor can be chosen from among the council on a rotating basis.
c. Mixture of the above two types by adding the position of chief administration officer/city manager.
2. Fair representation, obligation to represent all fairly, in good faith, and without discrimination, of all the State social, cultural and linguistic components (Tabu, Tuareg, Amazigh, Tawerghan and all others) must be taken into account in Regional and Local municipal councils. This shall be regulated by law.
Article 194 – Chief Municipality Officer
The following responsibilities are included and assumed by the chief officer for the municipality as stated in this Constitution:
1. Administrative Functions: Head of all staff and responsible for the function of public utilities. These activities are non-legislative and involve the conduct of programs.
2. Operational Functions: Responsible for order and security and the implementation of local and national projects in the municipality.
3. Establish venue for oral and/or written citizen input at Region and Municipal Council meetings.
4. Any person, group, committee, commission formed to undertake work on behalf of the council to assist in administering the municipality will be responsible for their appointment and dismissal and they share a joint liability before the governance council. The council can delegate by law some of its authority to the committee or commission although this power will have restrictions enacted by law.
Employee means any person or entity working for, or rendering or exchanging any services or performing any act for or on behalf of the in return for any form of payment or other compensation or thing of value received or to be received at any time temporarily, permanently or indefinitely, in any capacity' whether as agent, servant, representative, consultant, adviser, independent contractor or otherwise.
Article 195 - Composition of Municipality Councils
Number of council members to depend on the population of the municipality and will vary from four to ten members with the council having the ability to change number of its council members.
1. All members of council are elected as described in this Constitution and serve a four (4) year term upon taking the oath of office and before assuming any duties. Each member of council, including the mayor, is entitled to one vote on matters which come before them for discussion.
2. Municipal councils are empowered to address the existing and future needs of their community by making decision which are recorded in bylaws or resolutions.
3. Municipal bodies functions broadly to relate to public health, welfare, regulatory functions, public safety, public infrastructure works and development activities, planning for economic development and social justice, urban poverty alleviation programs and promotion of cultural, educational institutes, housing and property tax and aesthetic aspects. Council members embody the public welfare of their communities which means trying to balance their vision with the concerns expressed by the people and organizations affected by their decision.
4. Councils will have the ability to manage the finances of their municipality by setting levels of expenditures and taxation as they are responsible for the management and delivery of services to their community. These responsibilities are to be undertaken with very little intrusion by senior levels of government. In circumstances where certain decisions made by council are not effective until they are approved by the government, the government shall prevail. Municipal bodies functions broadly relate to public health, welfare, regulatory functions, public safety, public infrastructure works and development activities.
Article 196 – Election of Municipality Council membership
Electing the members of the Regional Council and members for the Municipalities Boards takes place in secret and free voting. These elections are to be held within thirty (30) days of ratification of this Constitution.
Requirements for the Municipalities Boards
1. Muslim citizen of the State, who has at least one parent Muslim.
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 completed education for secondary collegiate level preferably, or a minimal educational completion of high school studies.
5. Be of a minimum age of eighteen (18) and no more than seventy (70) years of age upon registering candidature.
6. Not convicted of any felony or dishonorable misdemeanor.
7. In addition to the other conditions provided for in the election law.
Article 197 – Regions’ Councils
Each of the eight (8) Regions will have a Region’s council. Each of these eight (8) regional councils are to support the people in their municipalities and throughout the entire area. Equal opportunity between areas is one of the requirements for equal opportunity among citizens and social stability, harmony and peace. Villages and cities must be developed, and ensure a suitable and balanced distribution of services among them. 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.
Primary responsibility is to distribute resources and projects in accordance with economic competencies as well as balanced and sustainable development. All such actions may take necessary measures to encourage economic activities in all areas. The two (2) greatest areas of revenue spending at the Regional level are education and health and human services.
Article 198 – Election of Individual members of Regional Councils
Electing the members of the Regional Council takes place in public and free voting.
Requirements for individual members of the Regional Council
1. Muslim citizen of the State, whose parents are both Muslim.
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 education for secondary collegiate level.
5. Be of a minimum age of twenty-two (22) years of age and no more than seventy (70) years of age upon registering candidature.
6. Not convicted of any felony or dishonorable misdemeanor.
7. In addition to the other conditions provided for in the election law.
Article 199 – Methods of selecting Regions’ institutions
The Regional’s Councils and Executive Council position of the region is a representation of the entire region, to be small in number and in staff, and is to be elected through public and free voting ballot. Chairman shall be the one who receives the highest votes. Elections at all levels of municipal councils shall take into consideration area representation and be elected through secret ballot. These elections are to be held within thirty (30) days of ratification of this Constitution.
Article 200 – Regions’ funds
All the municipalities combined will contribute at least seventy-five per cent (75%) of the yearly cost of their region and the legislative authority will allocate yearly amounts from its revenue for the remaining portion of the yearly amount necessary for operation of the Regions' Council and Executive Council position to enable them to perform their duties. Said funds to be increased proportionately with the growth of State resources, and to ensure steady economic growth within the Regions. A guide for distribution of regional funds with local Municipality governing costs should be about one (1) to two (2) dinars in comparison with Regional Council costs.
Regional Budget sources will include the following:
1. General Regional Fund, divided equally between the eight (8) regions, and to be used for operating expenses of the eight (8) Regionals Councils, is the fund receiving Regional tax revenues and fees considered available for general spending; this amount will not be more than one-fifth (20%) of the State of Barqah's general revenue payment for the General Regional Fund expenses, with the other eighty (80) percent of the general revenue payment controlled by Regional court orders, Regional law, constitutional provisions, and State of Barqah regulations;
2. General Revenue Fund for each of the eight (8) Regionals Councils is dinars set aside for a particular purpose;
3. Property Tax Relief Fund, to be defined and regulated by law, is used to reduce local property taxes, and is not considered General Revenue fund and is considered a Regional fund.
Article 201 – Regional Council Jurisdiction
It is the duty and responsibility of the Region's Council and Executive Council position to work with, co-ordinate, develop, and implement the will of the people as well as meet state accountability mechanisms in coordination with the regional and sovereign legislature. This will be done without prejudice to sovereignty of the government over its competences in implementation of state policy. Details to be enacted by law.
The Region’s Council will have the jurisdiction upon receiving majority approval of the population, as dictated by law, of any and all municipalities involved and any rural areas affected by the following:
1. Propose joint legislation requiring the approval of the State to the Parliament to be discussed.
2. Enact legislation according to the Constitution and within the scope of the region.
3. Monitor the performance of the Executive Council position and the municipalities and hold them accountable in a manner consistent with State sovereignty.
4. Prepare the region’s annual budget and submits to the State’s legislature.
5. Other functions conferred by the Constitution.
Article 202 – Legislation
A. The Region’s Council is authorized to enact legislation on the following issues:
1. Administrative division within the region and establishment of municipalities.
2. Approval of development plan and budget for region and municipalities.
3. Urban planning and building and housing permits within local benefits.
4. Public and utility works.
5. Public transport inside the Region.
6. Agriculture, forests, pastures, and livestock development.
7. Water and Environmental Protection.
8. Electrical and solar.
9. Traditional and small industries.
10. Culture, historical places and monuments.
11. Tourism Activities.
12. Fishing activities and marine resources.
13. Sports, recreation and public parks.
14. Social Aid and welfare.
15. Housing, construction licensing and city planning.
16. Public Health, mental health, and hygiene.
17. Environmental protection.
18. Business, industrial and professional licenses.
19. Local economic development and promotion of national investment.
21. Initial health care and ambulance and civil defense services.
22. Local police and municipal guards.
B. Any or all of these issues may also be addressed locally by municipalities within the Region.
Article 203 – Competencies of Regional Executive Council
The Regional Executive Council shall exercise the following competencies:
1. Implementation of policies on the sub-level of livelihood sectors within the region, without prejudice to sovereign laws and unity of State.
2. Submission of proposals for new laws and legislation to the Regional Council for further submission to the parliament if needed for approval and adoption.
3. Issuance of the administrative system necessary for management of the region and follow-up of municipalities as mandated and disciplined by the Constitution.
Article 204 – Dissolution
The Region’s Council and the Executive Council position of the region shall be dissolved if the Constitution and sovereignty of the State is breached. This decision shall be taken after seeking the opinion of a special committee of the House of Representatives and the Senate specifically formed to consider issues of Regions in these sovereign bodies. A new Region Council and Executive Council position for the region involved shall be formed within thirty (30) days of a dissolution resolution. During such thirty (30) day period, affairs of the Region and Executive Council shall be executed by the joint special committee of the House of Representatives and the Senate. At no time will the joint special committee retain involvement in the affairs of the Region after new Region’s Council is created except as provided for in this Constitution.
Article 205 – Lack of Confidence Vote
The Region’s Council may put to vote lack of confidence in its Executive Council position through a clearly reasoned petition signed by one quarter of the Region’s Council members and approved by an absolute majority of members through a public vote. If Executive Council has confidence removed, a new Executive Council shall be formed within thirty (30) days of such action.
Article 206 – Challenges
If the region’s council issued a legislation against the State’s constitution, the constitution requires the Prime Minister with the Prosecutor to challenge its constitutionality. The region’s council nor any other entity is allowed to challenge the legislation. The Constitution allows for members of the Parliament to challenge legislation as well as individual voters.
Article 207 – Fair distribution of institutions and higher positions between regions.
The State shall guarantee the equitable distribution of headquarters of institutions, corporations and public enterprises among regions.
Article 208 – Individual Income Tax and Corporate Business Entity Tax
1. The tax code will be written by a joint committee from the House of Representatives and from the Regionals Council. Regionals Councils are to hold community meetings for discussion with Municipalities, Unincorporated areas and citizens of the State of Barqah as defined by law.
2. State of Barqah and Municipalities will have no Individual tax system; the Regionals' Councils will have an individual tax code. State of Barqah will have a Corporate and Foreign Business Entity tax code.
3. A tax code using tax brackets is to be developed which refers to a range of incomes subject to a certain income tax rate. Tax brackets result in a progressive tax system, in which taxation progressively increases as an individual's income grows; low incomes fall into tax brackets with relatively low income tax rates, while higher earnings fall into brackers with higher rates. Taxes are to be progressive and not to be regressive (moderate and lowest income families and individuals paying more); tax structure will be higher for high income families, individuals, and business entities, as described by law.
4. The tax code developed is to allow for changes over the years and not be a rigid fixture; it shall be based on taxable income with a minimum tax rate and a maximum tax rate. The tax code will factor in, as a minimum, single filers, married couples, head of household, standard deductions, child tax credit and a charitable tax deduction.
5. A separate tax code will be developed, allowing for changes over the years, yet being a required factor, for corporate business entity on taxable income where profit of a corporation is taxed to the corporation when earned and then is taxed to the shareholders when distributed as dividends. If the corporation does not pay dividends there can then be an accumulated earnings tax, with the same attention to personal holding companies, non-profit organizations or passive foreign investment companies. Detailed exemptions are to be made public for any type of corporate events or transactions exempt from any form of income or profit tax. Corporate tax may have an alternative base, such as assets, payroll or income computed in an alternative manner. Events related to formation or reorganization of the corporation, will be treated as capital costs.
6. Income and donations through “Zakat” and charities are not to be taxed provided the defined directions of the Quran are met, and these will also be detailed by law as provided here in this Constitution.
Article 209 – Sales Taxes as collected by the Regional Councils and the Municipalities
As defined by law and this Constitution, all general sales taxes are to be defined with general sales taxes on all goods except food stuffs which are to be defined by law; motor vehicle sales taxes, sin taxes on cigarettes, tobacco which help fund research on their ill affects on humans and prevention, franchise tax, tax on insurance premiums, and other unnamed specific goods or activities taxes to the Regional Councils who are responsibility for distribution to the Municipalities for their percentage share as defined by law.
Regional Councils can require a sales tax whose maximum rate will be eight (8) percent to be shared with the municipalities, equally amongst the municipalities, at a ratio of three (3) to one (1). This maximum rate can only be raised by a majority vote of the people in each region who will be affected by raising the maximum rate. Lowering the maximum rate does not require a vote of the people in the region. These sales taxes are to be paid quarterly after the quarter the taxes are received.
Article 210 – Excise Taxes
Excise taxes are indirect taxes paid when purchases are made on a specific good and are included in the price of the product, often luxury goods, and on activities such as on wagering or on highway usage by vehicles. Excise tax differs from a sales tax, which is based on a percentage of the purchase cost. For instance, State of Barqah can have a tax on gasoline sales which is a fraction of one cent $0.18 cents while an excise tax could be on chemicals which cause harm to the earth, environment. Any example given is not to be limited to and to be defined by law and this Constitution including excise taxes on events, sports, stadiums, concerts. The law is to name excise taxes which are to be treated as income. Excise taxes belong as revenue to the Regional Council and to the Municipality, evenly divided, in which they are incurred.
Article 211 – Property Taxes
Property Tax Relief Fund, which is to reduce local property taxes, is not considered General Revenue and is a Regional fund.
1. Regional Councils shall determine by this Constitution and through enacted law the percentage allowable for Agriculture Exemption provided the land is being used for Agriculture purposes as described by law.
2. Business Entity Exemptions, which are local in ownership and operation, are for those new business entities every five years.
3. A foreign Business Entity will not be granted any property tax relief after ten (10) years for any reason, except as determined by enacted law.
4. Citizens of Barqah, who are sixty-five (65) years of age and over, shall enjoy a tax freeze on property taxes at whatever level existed at age sixty-four.
5. Disabled Persons with a doctor's medical statement of disability, as prescribed by law, shall enjoy a tax freeze on property taxes at whatever level existed at the time of the disability.
6. As prescribed by law, and allowed by this Constitution, every three (3) years there shall be a declared month of Temporary Tax Amnesty for citizens to bring their property tax accounts current.
7. There will at no time be more than a ten (10) percent increase in a Tax Appraisal of property from the previous tax appraisal of said property. Tax Appraisals are to be done at least five years after the initial appraisal.
Article 212 – Calculation of Available Monies
1. All revenues, including taxes, duties, loans, grants, profits and returns, any and all other public money due belongs to the State of Barqah who is responsible for salaries, pensions, wages, subsidies, rewards, assistance and compensations. Revenue to the State includes the extraction of resources: oil, natural gas, minerals and other substances with an economic value.
2. Each and any local municipality who generates funds from independent fund raising for a specific purpose will have all monies remain within said municipality for said stated municipal project. However, the State government may be required to match funds from municipalities for some areas such as health care access for low income individuals. Each any any local municipality who issues fees for businesses as part of doing business in theier municipality will enjoy all monies remaining within said municipality.
3. Gross Domestic Product (GDP) can be used to calculate monies available for municipalities which are not self-sufficient and as described in this Constitution. GNP estimates total value of all the final products and services produce in a given period by the means of production owned by a country's residents. Monetary value of all finished goods and services produced domestically in a specific time period and can be calculated on a quarterly basis. GDP will be more accurate and reliable than Gross National Product (GNP) = GDP + NR. [GDP + NR is net income inflow from assets abroad or Net Income Receipts]
Article 213 - Municipalities and Funds
1. Each and any local municipality who generates funds from independent fund raising for a specific purpose will have all monies remain within said municipality for said stated municipal project.
2. Amount of debt a government may incur is limited by the Constitution, individual State statutes, and whether the debt is being repaid with tax or nontax revenue sources. This Constitution and the State of Barqah statutes establishes rules for the tax status of government securities and process for issuing and disclosing debt obligations.
3. Long-term debt means financing large capital assets such as infrastructure, buildings, and large pieces of equipment, spreading out the debt payments over many years in order for local governments to smooth out their expenses and create a more predictable cash flow.
4. Short-term debt is used to cover temporary cash flow deficit or provide for interim method of financing until long-term borrowing has been secured.
5. General obligation (GO) debt is secured by the full faith and credit of the local government issuing the debt. The municipality pledges its tax revenues unconditionally to pay the interest and principal on the debt as it matures. If the debt is in the form of a bond, the bond owners have a legal claim on all the general income of the jurisdiction if a default occurs.
6. Revenue debt is different from General Obligation debt in its method of repayment. Unlike GO debt, which relies on taxation, revenue debt is guaranteed by the specific revenues generated by the issuer. For example, water districts can issue revenue debt with the revenues from customer water bills guaranteeing the repayment of the debt.
7. Special assessment debt is debt repaid from assessments against those who directly benefit from the project the funds have been used to finance. For example, if a special assessment bond is issued to pay for road repairs on a certain street, the local government may assess higher property taxes to repay the bond only against the houses and other buildings on that street.
8. Value of the taxable property defined will mean the actual value of the taxable property in a taxing district incurring indebtedness, as the term taxing district is defined to be ascertained by the last assessment previous to the incurring of such indebtedness, except in the incorporated cities the assessment shall be taken from the last assessment for municipality purposes.
Article 214 – Limitation of indebtedness
1. Except as otherwise expressly provided by law no taxing district will for any purpose become indebted in any manner to an amount exceeding three-eighths (3/8) of one (1) percent of the value of the taxable property in such taxing district without the assent of three-fifths (60) percent of the voters therein voting at an election to be held for that purpose, nor in cases requiring such assent will the total indebtedness incurred at any time exceed one and one-fourth percent on the value of the taxable property therein.
2. Public hospital districts are limited to an indebtedness amount not exceeding three-fourths (¾) of one (1) percent of the value of the taxable property in such public hospital districts without the assent of three-fifths (60) percent of the voters therein voting at an election held for that purpose.
a. Counties, cities, and towns are limited to an indebtedness amount not exceeding one and one-half (1.5) percent of the value of the taxable property in such counties, cities, or towns without the assent of three-fifths (60) percent of the voters therein voting at an election held for that purpose.
b. In cases requiring such assent counties, cities, towns, and public hospital districts are limited to a total indebtedness of two and one-half (2.5) percent of the value of the taxable property therein. However, any county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation may become indebted to a larger amount for its authorized metropolitan functions, but not exceeding an additional three-fourths (¾) of one (1) percent of the value of the taxable property in the county without the assent of three-fifths (60) percent of the voters therein voting at an election held for that purpose, and in cases requiring such assent not exceeding an additional two and one-half (2.5) percent of the value of the taxable property in the county.
c. School districts are limited to an indebtedness amount not exceeding three-eighths (3/8) of one (1) percent of the value of the taxable property in such district without the assent of three-fifths (60) percent of the voters therein voting at an election held for that purpose. In cases requiring such assent school districts are limited to a total indebtedness of two and one-half (2.5) percent of the value of the taxable property therein.
d. No county, city, town, school district, or other municipal corporation shall for any purpose become indebted in any manner to an amount exceeding one and one-half (1.5) per one hundred (100) citizens of the taxable property in such county, city, town, school district, or other municipal corporation, without the assent of three-fifths (60) percent of the voters therein voting at an election to be held for that purpose, nor in cases requiring such assent shall the total indebtedness at any time exceed five (5) per one hundred (100) citizens on the value of the taxable property therein, to be ascertained by the last assessment for state and county purposes previous to the incurring of such indebtedness, except that in incorporated cities the assessment shall be taken from the last assessment for city purposes:
1a. Provided, That no part of the indebtedness allowed in this section shall be incurred for any purpose other than strictly county, city, town, school district, or other municipal purposes:
2a. Provided further, That (a) any city or town, with such assent, may be allowed to become indebted to a larger amount, but not exceeding five (5) per one hundred (100) citizens additional for supplying such city or town with water, artificial light, and sewers, when the works for supplying such water, light, and sewers shall be owned and controlled by the municipality and (b) any school district with such assent, may be allowed to become indebted to a larger amount but not exceeding five (5) per one hundred (100) citizens additional for capital outlays
e. Such indebtedness may be authorized in any total amount in one or more propositions and the amount of such authorization may exceed the amount of indebtedness which could then lawfully be incurred. Such indebtedness may be incurred in one or more series of bonds from time to time out of such authorization but at no time shall the total general indebtedness of any taxing district exceed the above limitation.
Article 215 – Computation of Indebtedness
1. Whenever it shall be necessary to compute the indebtedness of a taxing district for bonding or any other indebtedness purposes, taxes levied for the current year and cash on hand received for the purpose of carrying on the business of such taxing district for such current year will be considered as an asset only as against indebtedness incurred during such current year which is payable from such taxes or cash on hand:
Provided, However,, That all taxes levied for the payment of bonds, warrants or other public debts of such taxing district, shall be deemed a competent and sufficient asset of the taxing district to be considered in calculating the constitutional debt limit or the debt limit prescribed by this chapter for any taxing district:
Provided, That the provisions of this section shall not apply in computing the debt limit of a taxing district in connection with bonds authorized pursuant to a vote of the electors at an election called prior to March 1, 2019.
2. If reductions in assessed valuation of property within a taxing district result in the outstanding indebtedness of the taxing district exceeding its statutory indebtedness limitations, the amount of such excess indebtedness shall not be included in the statutory indebtedness ceiling. Additional indebtedness that is subject to indebtedness limitations, other than refinancing indebtedness that does not increase the total amount of indebtedness, may not be issued by such a taxing district until its total outstanding indebtedness, including that which this subsection removes from the statutory indebtedness limitations, is below these limitations.
3. Nothing in this section authorizes taxing districts to incur indebtedness beyond constitutional indebtedness limitations.
Article 216 – State Debt Allowed for Regions and Municipalities
a. The state may contract debt, the principal of which shall be paid and discharged within thirty (30) years from the time of contracting thereof, in the manner set forth herein.
b. The aggregate debt contracted by the state shall not exceed that amount for which payments of principal and interest in any fiscal year would require the state to expend more than nine (9) percent of the arithmetic mean of its general state revenues for the three (3) immediately preceding fiscal years as certified by the Head of the House of Representatives. The term "fiscal year" will be established by the House of Representatives as described in this Constitution.
c. The term "general state revenues" when used in this section, shall include all state money received in the treasury from each and every source whatsoever except:
(1) Fees and revenues derived from the ownership or operation of any undertaking, facility, or project;
(2) Moneys received as gifts, grants, donations, aid, or assistance or otherwise any department, bureau, or corporation thereof, or any person, firm, or corporation, public or private, when the terms and conditions of such gift, grant, donation, aid, or assistance require the application and disbursement of such moneys otherwise than for the general purposes of the state of Barqah;
(3) Moneys to be paid into and received from retirement system funds, and performance bonds and deposits;
(4) Moneys to be paid into and received from trust funds including but not limited to moneys received from taxes levied for specific purposes and the several permanent and irreducible funds of the state and the moneys derived therefrom but excluding bond redemption funds;
(5) Proceeds received from the sale of bonds or other evidences of indebtedness.
d. In computing the amount required for payment of principal and interest on outstanding debt under this section, debt shall be construed to mean borrowed money represented by bonds, notes, or other evidences of indebtedness which are secured by the full faith and credit of the State or are required to be repaid, directly or indirectly, from general state revenues and which are incurred by the State, any department, authority, public corporation, or quasi public corporation of the State, any State university or college, or any other public agency created by the State but not by counties, cities, towns, school districts, or other municipal corporations, but shall not include obligations for the payment of current expenses of State government, principal of bond anticipation notes or obligations issued to fund or refund the indebtedness of the State of Barqah state building authority.
e. The state may, without limitation, fund or refund, at or prior to maturity, the whole or any part of any existing debt or of any debt hereafter contracted, including any premium payable with respect thereto and interest thereon, or fund or refund, at or prior to maturity, the whole or any part of any indebtedness incurred or authorized prior to the effective date of this Constitution of the type described in this section, including any premium payable with respect thereto and any interest thereon. Such funding or refunding shall not be deemed to be contracting debt by the State.
f. The State of Barqah may pledge its full faith, credit, and taxing power to guarantee the payment of any obligation payable from revenues received from any of the following sources:
(1) Fees collected by the State as license fees for motor vehicles;
(2) Excise taxes collected by the State on the sale, distribution or use of motor vehicle fuel; and
(3) Interest on the permanent common school fund: Provided, the legislature shall, at all times, provide sufficient revenues from such sources to pay the principal and interest due on all obligations for which said source of revenue is pledged.
g. No money shall be paid from funds in custody of the legislature with respect to any debt contracted after the effective date of this Constitution or any similar entity existing or operating for similar purposes pursuant to which such entity undertakes to finance or provide a facility for use or occupancy by the state or any agency, department, or instrumentality thereof.
h. The legislature shall prescribe all matters relating to the contracting, funding or refunding of debt pursuant to this section, including: The purposes for which debt may be contracted; by a favorable vote of three-fifths (60) percent of the members elected to House of Representatives and to the Senate, the amount of debt which may be contracted for any class of such purposes; the kinds of notes, bonds, or other evidences of debt which may be issued by the State; and the manner by which the government will determine and advise the legislature, any appropriate agency, officer, or instrumentality of the state as to the available debt capacity within the limitation set forth in this section. The legislature may delegate to any state officer, agency, or instrumentality any of its powers relating to the contracting, funding or refunding of debt pursuant to this section except its power to determine the amount and purposes for which debt may be contracted.
i. The full faith, credit, and taxing power of the State of Barqah are pledged to the payment of the debt created on behalf of the state pursuant to this section and the legislature shall provide by appropriation for the payment of the interest upon and installments of principal of all such debt as the same falls due, but in any event, any court of record may compel such payment.
j. The State of Barqah may issue certificates of indebtedness in such sum or sums as may be necessary to meet temporary deficiencies of the treasury, to preserve the best interests of the State in the conduct of the various state institutions, departments, bureaus, and agencies during each fiscal year; such certificates may be issued only to provide for appropriations already made by the legislature and such certificates must be retired and the debt discharged other than by refunding within twelve (12) months after the date of incurrance.
k. Bonds, notes, or other obligations issued and sold by the State of Barqah pursuant to and in conformity with this article shall not be invalid for any irregularity or defect in the proceedings of the issuance or sale thereof and shall be incontestable in the hands of a bona fide purchaser or holder thereof.
The Individual(s) _______________________________________________________________________ prepared
and resolved this Constitution in its meeting held in the city of Benghazi on __________day, _______
Muharram, Hegera _______ corresponding to ____th ________ 2018, and delegated
________________________ to promulgate it and submit it to ________________ and to be published in the Official Gazette for the State.
We have promulgated this Constitution in the city of Benghazi on ________day, the ____th day of
Muharram, Hegera ________, corresponding to the ______________ day of ________ 2018.
name of signature signer
BILL OF RIGHTS ADDENDUM TO AND PART OF CONSTITUTION OF BARQA[H]/CYRENAICA
Supported by all administrative and executive positions charged by the State of Barqa[h]/Cyrenaica, Regional Councils, and all levels of Municipalities positions.
From the Preamble to the Constitution: In confirmation of the principles which guide these policies in various fields during the past period, and in asserting our determination to continue efforts to create a better future characterized by further achievements which will bring benefits to the Country and its Citizens.
And trusting in God, we the people, in the name of the Merciful and Benevolent God and our Prophet Mohammad, peace be upon him, the Greatest Messenger, endorse this Bill of Rights.
Article 1 - Basic Rights Required
A. Empower disabled persons in order to enjoy their rights and develop their capacities. The State shall commit itself to safeguarding the rights of people with disabilities medically, socially, educationally, economically and recreation ally, ensure their protection from any discrimination, provide suitable job opportunities, prepare public facilities and surrounding environment and all means and capabilities that ensure their full and effective integration into society. and enjoy a decent life, persons with disabilities enjoy the same rights of all citizens, especially through the following:
1. Enable equal opportunity in employment and public posts, as well as their rehabilitation so as to enable them to perform or regain such posts, or compensate them.
2. Consider the specificity of persons with disabilities as an integral part of the education system and educational planning; people with disabilities shall not have a special system unless the public system is deemed unsuitable, and only for the objective of their gradual integration into the public system.
3. Ensure their access to all places, provided that the construction criteria of public facilities and private places correspond to their needs.
4. People will have the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizes which will be violated and no warrants shall be issued except for probable cause, supported by an oath or affirmation, and particularly describing place to be searched and the persons or things to be seized.
5. Commit to sufficient support for their incomes, ensuring their treatment as well as providing support for those who care for them.
B. The State shall safeguard the rights of martyrs, missing people, injured and war inflicted people as well as their wives, children and parents. It shall work to acknowledge them in a manner consistent with their sacrifices for the State. This shall be regulated by law.
1. Enjoyment of their rights and development of their capacities.
2. Provide care to the elderly, as well as preserve their dignity and enable them to utilize all preventive and therapeutic services. The State shall commit to the protection of the dignity of elderly persons, as well as offering them suitable care, as well as providing and facilitating the necessary requirements for services.
3. Protection against social risks, including unemployment and old age.
4. The State shall guarantee social welfare for citizens, mothers, children, youth and elderly people and in cases of disability, work injury, unemployment, orphanage, widowhood and others to ensure a decent life therefor. It shall also protect the rights of legal residents within the limits as regulated by law.
5. The eight (8) Regional Councils will guarantee maternity leave for mothers or for fathers with newborns who have lost their wife, the newborns mother, for no less than forty-five (45) days to be paid from the eight (8) Regional Councils' Funds with obligations and responsibilities to be determined by law. The following are to be included, but not limited to only these requirements, in the Law[s] created by the Legislature.
a. New born child[ren] and newly adopted children to be included;
b. minimal length of employment with same or other business[es] for not less than a period of twelve (12) months;
c. cannot terminate a woman's employment because of the woman's pregnancy nor refuse to employ the employee after the forty-five (45) day period;
d. deny to the employee who is disabled as a result of pregnancy any compensation to which the employee is entitled;
e. proof of pregnancy to be verified by medical certification the employee is not able to perform employment duties; and
f. require that an employee take a mandatory maternity leave for an unreasonable length of time.
6. The State shall guarantee the rights of retirees to ensure proportionate pensions and retirement benefits for peers in legal positions regardless of the date of referral to retirement. It shall commit itself to maintaining financial contributions and develop thereof for their benefit.
C. Ensure equal opportunities among men and women in responsibilities in all sectors, guaranteeing right to equal consequences for women on the same basis as men. To this end, it shall take the following measures but are not limited to only these measures:
a. Prohibit discrimination whether by deprivation, reduction, increase or restriction.
b. Prohibit assumption of public functions by those convicted of a crime of discrimination.
c. The State will commit to the acquired rights of women and shall work to support and develop thereof. Prohibit discrimination against women in all forms of discrimination, including, but not limited to:
1. Arbitrary dismissal for reasons related to maternity; they shall have the right to a paid leave and maternity leave.
2. Forced marriage and underage marriage with or without parental consent before the age of 18.
3. Statutes of law creating the wording needed for acceptance by Muslims in the Islamic faith and in accordance with the Quran will be done within the first meeting of the Legislature after Constitutional approval. These statutes are to offer stability, security, and a way of preserving cultural identity and integrity while using consideration of both men and women having to perform full-time jobs both in the workplace and in the home, to prevent the disintegration of the family, the decline of morality, and, ultimately, social breakdown.
Should these statutes of law not be created or not address all issues, a one (1) time extension will be granted until the closure of the following regular meeting of the Legislature in the following year. If at the end of the time prescribed in this Constitution and the one (1) time extension, these issues have not been resolved with statutes of law created then immediately a joint committee consisting of five (5) members each from the Senate and the House of Representatives will create such statutes for approval by the Supreme Court and will be enacted as statutes of law. If this ten (10) member joint committee does not create statutes as described in this Constitution, the Head of the Senate and the Head of the Representatives will create these statutes of law; should they decline or not complete this task within sixty (60) days, the Head of the Supreme Court will appoint a committee of no more than ten (10) members to create these statutes within sixty (60) days.
4. All forms of violence and/or discrimination against women; necessary actions shall be taken to prevent thereof. To include but not be limited to reforms enacted by statutes of law, and to include the following:
a. Requiring a bride's consent, without pressure from any other individual;
b. Placing conditions on a husband's polygamy and polygamy without consent of first wife, based on Quran (4:3);
c. Reducing the legal support for a husband's right to demand obedience;
d. Pressuring women to remain in an abusive marriage;
e. Allow for divorce without cause by men or by women within the court, not out of court as one of the basic principles found within Islam is a marriage which is not functioning properly should be terminated to avoid further trauma;
f. Increasing a husband's financial liabilities to divorced wives, not to include using the expiration of three menstrual cycles after the pronouncement of the divorce (or delivery of a baby if she were pregnant);
g. Enhancing the ability of wives to obtain divorces over their husbands' objections;
h. Prohibiting birth control and abortion (both of which were permissible according to most medieval jurists of Islam, who did not see in these practices any threat to morality or traditional sex roles);
i. Removing women from the legal profession and the judiciary;
j. Imposing rigid dress codes; and
k. Modest reforms in the law of inheritance to the advantage of female heirs with no regulations or law contrary to the teachings of the Islam faith and religion.
Article 2 – Family
1. The family formed by legal marriage between a man and a woman is the cornerstone of society being based on religion, ethics and patriotism. Its care and protection from all that is contrary to contrary to the teachings of the Islam faith and religion and public morals shall be guaranteed by the State to ensure its coherence and stability. The State shall encourage marriage and shall develop all possible means to facilitate it.
2. The State shall ensure maternity and child care and shall also ensure harmonization between duties of the woman towards her family and work.
3. The State shall ensure social welfare and education for children of unknown descent ensuring their integration in society.
Article 3 – Children and Youth
The State will ensure child and youth care and shall provide the conditions necessary for development of their educational, scientific, psychological and innovative capacities and participation in building the State. It shall take the necessary measures to protect children and youth from all negative phenomena.
1. The State shall take the necessary measures for Children to enjoy their rights as follows:
a. Each child has the right to a tripartite name, a surname and nationality at birth.
b. The right to family care, or a suitable alternative care, and the provision of a decent life, as well as protection against neglect, violence, humiliation and use during armed conflicts.
c. Protection against situations that jeopardize his/her interests, education, development, health as well as moral and incorporeal growth.
d. Safe keeping and growth of his/her money.
e. Adoption of reform, rehabilitation and integration measures when he/she commits a crime or deviates. In all cases, all legislation and policies of the State shall be based on the best interest of the child.
2. The State will take the necessary measures for the Youth to achieve the following:
a. Support the youth so that they can engage in the national life through the spirit of citizenship and responsibility, and interact with society and be open to different human cultures.
b. Broaden their engagement in social, cultural and political development, and facilitate their access to the different sciences and technology.
c. Achieve scientific, social and professional adaptability as well as development of their capacities.
3. A child is defined as an individual who has not reached his or her eighteenth (18) birthday unless a court of law has emancipated said child declaring he or she to be an adult.
Article 4 – Health
1. The State shall develop policies to upgrade the level of health services and combat and prevent epidemic diseases according to internationally accepted standards.
2. The State shall commit itself to improving the situations of physicians, pharmacists, nurses and assistant medical staff.
3. Abstinence from providing various forms of treatment to each and every individual in cases of emergency or danger to life shall be prohibited.
4. Mental health policies are to follow the Citizens Commission on Human Rights to include but not be limited to the following rights for fully informed consent:
a. Scientific/medical testing to confirm any alleged diagnoses of psychiatric disorder and the right to refute any psychiatric diagnoses of mental “illness” that cannot be medically confirmed.
b. Full disclosure of all documented risks of any proposed drug or “treatment.”
c. The right to be informed of all available medical treatments which do not include the administration of a psychiatric drug or treatment.
5. The State will commit itself to allocating a percentage of national income for government expenditure on health sector in order to sustain global quality standards as determined by law.
Article 5 – Education
1. Education is an essential to society. The State shall work to promote all levels of education throughout the country, and shall encompass an appropriate environment thereto. The State shall also ensure inviolability of educational institutions, and independence of universities, higher learning institutes and scientific research centers.
2. The State shall support and ensure freedom of scientific research to encourage creativity and innovation. It shall sponsor researchers and inventors and shall commit itself to allocating a progressive percentage of the national income as defined by law in order to keep pace with global quality standards.
3. Every person shall have the right to education, which shall aim to build personality, maintain national identity, ingrain scientific research, develop talents, encourage innovation, establish Islamic and humanity values as well as values of citizenship, tolerance, solidarity and peace, respect of human and basic rights rights, and provide education opportunities to every individual in accordance with mental and scientific capabilities. To this end, the State shall ensure the following:
a. Develop scientific curricula ensuring prosperity and stability according to global quality standards.
b. Compulsory education until the age of eighteen.
c. Spread of schools and institutes to cover all areas of the State.
d. Promotion and development of vocational and technical education.
e. Continuous training for male and female teachers taking into account their physical and moral rights.
f. Openness of education institutions to all humanitarian experiences.
g. Education on human rights and basic rights.
4. The State shall take necessary actions to ensure equal opportunities in education for all citizens, including:
a. Development of necessary measures to achieve social and economic equality required for parity in education.
b. Prohibition of the condition of residency and place of birth to join any educational institution or research center.
c. Giving priority to the various levels of education and scientific research in the national revenue distribution percentages.
d. The State shall ensure free education at all levels for the appropriate age groups in each education level.
5. The State shall take the necessary action to ensure tertiary education:
a. State ownership of public universities and ensure their financial and academic independence, freedom of establishing private universities in accordance with the education policies of the State.
b. Competitiveness and promotion of local and international cooperation among universities.
c. Academic freedom and the right to pursue knowledge.
d. Taking into consideration the rights of gifted persons in university education.
Article 6 – Sports
The State will foster sports and shall work towards its development, support and promotion of level. It will guarantee independence of sports bodies and clubs and shall resolve sports disputes in accordance with the international norms and conventions. This shall be regulated by law. The State will guarantee the right to practice amateur and professional sports for all; it shall take the following measures in this regard:
1. Provide and support needed facilities in all areas.
2. The State shall contribute to the support and sponsorship of sports activities.
3. Discover and sponsor athletic talents.
4. Ensure the independence of athletic bodies.
5. Advance national teams.
Article 7 – Ownership of natural wealth and resources
Natural wealth and resources are owned by the people of the State, and the State exercises its sovereignty on their behalf. The State shall be committed to the following:
1. Preserving, exploiting and protecting these resources;
2. Exercising good governance over their returns in a manner that achieves the requirements of the national economy and security;
3. Managing these resources in accordance with the following principles:
b. Transparency and access to information, and publishing this information unless otherwise stated by the law, to meet the requirements of national security;
c. Oversight and follow up;
d. Accountability before Parliament;
e. Achieving balance between the environment and its ability to renew itself, on the one hand, and human exploitation on the other;
f. Stipulating protecting and preserving the environment in the contracts concluded for the exploitation of natural resources;
g. Preserving biodiversity and not damaging or undermining it, to conduct environmental impact assessment and take its results into account;
h. Abiding by the technical standards issued by international organizations;.
i. Establishing the environmental health fund which shall be partly funded by taxes and fees on production as regulated by law.
Article 8 – The Environment
1. Protecting the environment within the State’s borders is a national duty regulated by a basic law which defines it and identifies the criminal and civil rules to protect it and the institutions charged with its management based on international treaties and agreements to ensure the right for its citizens to live in a balanced and clean environment;
2. The State shall guarantee the protection, development, use of elements of the environment, and shall prohibit undermining, polluting, exploitation or using them in a manner that is contradictory to their nature on the local and international levels;
3. The State shall have the right to determine public interest on any part of the territory to protect them. The laws based on the environmental law shall regulate the preservation and protection of agricultural land, forests, trees, pastures, wild life, biological diversity, water resources, sea shores, deserts and archaeological regions.
4. Protection of natural resources and exploitation of wealth in accordance with Eco-balance requirements by preserving the plant cover consisting of forests, pastures and green areas, developing them and criminalizing encroaching against them;
5. Environmental sanitation, correcting environmental damage and compensation for damages caused by pollution by those who are responsible with legislation that forces polluters of the environment to correct the damage, pay compensation and return the environment to its original condition;
6. Commitment, when concluding any contract, to conduct environmental impact assessment and take its results into account.
Article 9 - Natural Resources
National Resources Committee in Parliament will consult and work with Local Municipalities and Regionals' Council Governments in the following areas being the land, all natural resources of different kinds, in the soil and subsoil, in the territorial waters, the continental reach, exclusive economic zones, as sets of big economic projects, all natural products whose use contributes to national income, archaeological ruins and sites, and returns on the use of the air and airspace above the territory over which the sovereignty of the state extends.
When drafting laws, the following are part of the process:
1. The relevant advisory bodies;
2. The executive authority (the ministries and relevant institutions);
3. Relevant civil society organizations.
Contracts and agreements on the development of natural resources shall be reviewed and approved as noted above;
with identification of duration for these contracts according to the type of developed resource; and the granting the right to develop quarries and mines based on fees and licenses, and their duration shall be determined in accordance with the law.
The State will be committed to managing these resources through the institutions charged with planning and development, managing their revenues and exercising oversight and follow up in accordance with the law. The institutions charged with managing natural resources will be committed to report directly to the legislative and executive authorities on the measures they have taken and the progress they have achieved, as well as to the Local Municipalities affected and all eight Regionals' Councils.
Article 10 – The Rights of Future Generations
1. Setting aside a share of the revenues of natural resources for the benefit of future generations;
2. Creating a sovereign fund to invest these revenues to be regulated by law;
3. Allocating a share of the revenues to invest in the development of young people and their scientific and personal capabilities;
4. Ensuring that the fund’s money is putting high-safety internal and external investments in the interest of the national economy.
Article 11 – Sustainable Development
Sustainable and balanced development shall achieve:
1. Liberation from renter economy and establishing a diverse and competition based economy which will ensure a growth rate creating a decent living;
2. Achieving regional development and thus ensuring the right of future generations;
3. Developing natural resources in accordance with the law and for a limited time while emphasizing the principle of publicity and competition by manufacturing raw materials in order to give the economy an added value;
4. Achieving balanced development from the peripheries towards the center taking into account the economic, environmental, social and cultural dimensions;
5. Using local expertise in the management of resources and manufacturing the equipment necessary for that purpose.
Article 12 – Water
The State shall be committed to remove any infringements and enshrining such in the law as every citizen has the right to clean and adequate water.
The State will be committed to create a water company structured in accordance with the geographical division of water regions; and every region shall be represented on the company’s board through their Regionals' Councils. The State shall be committed to pass the necessary legislation provided the State complies with technical standards and international treaties and conventions; and supporting scientific research and creating high quality research centers is a priority to find solutions for the provision of cost effective water sources to use in the fields of economy, agriculture and grazing land in order to achieve economic security.
The State shall be committed to invest in the field of new and renewable energy of different sources and shall encourage scientific research in this field and build projects where they exist.
1. Water resources constitute a publicly owned national wealth; and the State shall be committed to draw policies and regulate these resources in a manner ensures their fair distribution among all citizens, while preserving, developing and protecting them and preventing any encroachment against them. This entails concluding agreements, settling disputes, monitoring and protecting aquifers owned jointly by neighboring countries in away that ensures non-aggression on the State’s water rights;
a. The State will be committed to rationalizing the use of water;
b. Giving local authorities, through water companies, the right to take part in managing,developing, distributing and exploiting water resources in a decentralized manner;
c. Protecting water sources through necessary and needed legislation;
d. The security of water facilities;
e. Protecting ground water from pollution;
f. Protecting the coasts of the seas and lakes from pollution and from effects of harmful water.
2. Preserving and maximizing water sources by prohibiting pumping water into oil and gas wells.
Article 13 – Animal, Sea Wealth and Plant Cover
1. The State is to pass legislation to regulate animal husbandry, to protect animals and to stop exploitation of animal resources and or use of animals in scientific experiments, preserve and develop local varieties and develop pastures.
2. The State is to pass the necessary legislation for the management, exploitation, protection and preservation of sea wealth and shall ensure balance between exploiting it and its ability to sustain and renew itself.
3. Plant cover includes all forms of natural plant life or planted forests, pastures, and desert plants and other additions made by humans;The protection of the plant cover is the joint responsibility of individuals and the State; local authorities shall take part in management, protection and planning. The State will be committed to the preservation, protection and maximizing the plant cover and managing it rationally and ensuring the soundness of environmental systems and elements.
Article 14 – Archaeological Ruins and Sites
The following are considered part of national wealth:
1. Archaeological ruins and sites, traditional buildings and archaeological and historical cities described as such by the law;
2. Coins, manuscripts and documents;
3. Sites of an aesthetic nature, rare natural structures and natural reserves;
4. All forms of cultural heritage.
The State shall be divided into archaeological regions managed by a scientific authority, defined as such in a written report to the eight (8) Regionals Councils’ members as a general mandate of its citizens. Its management structure includes representatives of the regions and constitutes the Antiquities Council which shall be responsible for joint management and supervision and shall be regulated by law.
The State shall be committed to Preserve, protect, restore and invest in archaeological ruins and sites and prevent any encroachment against them;
Regulate exploration and excavation;
Reclaim the antiquities which have been illegally possessed inside or outside the country in cooperation with all relevant parties through compensation, expropriation or litigation;
Prohibiting any encroachment against them or trading in them;
Prohibiting exchanging them or giving them as gifts;
Exploiting them in accordance with the law.