Barqah
Cyrenaica
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Constitutional Draft English Page 2
General Powers, President, Ministers

Chapter III
General Powers 

Article 39 - Public Authorities
The Public Authorities in the State are the legislative authority, the executive authority and the judiciary; and the relationship between these authorities will be in accordance with the principles of balance and oversight.
Duties:
1. Respect the Constitution and adhere to legislation.
2. Practice rights and liberties in accordance with the spirit of responsibility and citizenship.
3. Defend the homeland and its unity.
4. Bear the costs specified by the law.
5. Joint responsibility.
6. In all cases, all legislative, executive policies and development, and judiciary decisions with any and all progress programs must be built on the protection and advancement of human rights.
7. Law decides the salaries for any public authorities.
8. Both Chambers of the Legislative will convene its first meeting within ten (10) days of the enactment of the Constitution.

Article 40 – Form and System of Governance
The governance system in the State is representative and based on the principle of political pluralism and peaceful rotation of power. Laws and procedures which have the force of Law must conform to the provisions of the Constitution. In addition, no organ in the State may issue rules, regulations, decisions or instructions which contravene the provisions of laws and decrees in force, or international treaties and agreements which constitute part of the law of the country.

Article 41 – Legislative Authority
The legislative authority consists of the Parliament, with its two Chambers (The House of Representatives and the Senate) which has the authority to legislate, approve the state’s public policy, the general plan for economic and social development and the state’s public budget. It exercises oversight over the actions of the executive authority, each according to its competences and in the form provided for in the Constitution. A member of the Parliament represents the whole people, and his electors will not limit his representation with any constraint or condition. A member of the Parliament will not be awarded any honors, decorations or medals during his or her membership.
Amendment to this Constitution is an improvement, correction or addition to this original document. The Legislature, whenever two-thirds (2/3) of both Chambers shall deem it necessary, shall propose Amendments to this Constitution shall be valid for all the Intents and Purposes, as part of this Constitution, shall be ratified after two-thirds (2/3) of each Chamber approve of the proposal(s) and send to the Constitutional Court, who will acknowledge, in writing, the validity, and reasons why valid, of the request for amendment.  The amendment shall then be put to a referendum vote and approved by absolute majority percent of valid votes.  

Article 42 – Government Authority
The Government is the highest executive and administrative authority in the Barqah (Cyrenaica) state. It consists of the Prime Minister, the ministers and deputy ministers with executive power exercised by the President within the limits of this Constitution.

Article 43 - Local Administration Authority
The local governance system in this Constitution is based on administrative and financial decentralization and the two principles of equal opportunities and fair allocation of wealth. The State shall put its legislation and regulations in order with these principles. The law will stipulate the executive details according to the provisions of this Constitution, balancing the power of small regional governance committees against the power of a larger central government (the legislative authority), with both having some authority. It is meant to divide government power, so a national government cannot have the final say over all issues, everywhere. This division of power is guaranteed by the Constitution, to ensure the national government does not ignore local rights.

Article 44 - Judiciary
A democratic state based on the rule of law cannot exist or function, if the government ignores its constitution obligations and fails to abide by Court orders. A Court is the guardian of justice, the corner-stone of a democratic system based on the rule of law. If the State, an organ of State or State official does not abide by Court orders, the democratic edifice will crumble stone-by-stone until it collapses and chaos ensues. The Constitutional Court is explicitly granted the authority to rule on the constitutionality of laws or executive orders, and judicial review powers. The right to a fair trial is a fundamental safeguard to ensure individuals are protected from unlawful or arbitrary deprivation of their human rights and freedoms, most importantly of the right to liberty and security of person. It is an important aspect of the rights which enable effective functioning of the administration of justice.

Article 45 – Land, Sea and Air Forces 
Land, sea and air forces will be established and organized by law. To include but not be limited to the training, use of such forces, defense industries, facilities for these forces, to determine the authorities in military base areas, assign needed staff therein and define their functions and the regulations of residence there, national defense weapons of all kinds, and all other national defense issues. Complete neutrality is mandatory as well as being subject to civilian authority. The military forces are assigned the task of defending the homeland and its independence, unity, and territorial integrity.

The police function as a systematic, civilian, technical, disciplined, hierarchical professional and specialized body. Their mission is to combat crime, preserve public safety and peace, maintain order, respect the law and protect the rights, freedoms, security, and property of the citizens of the State.

Article 46 - Military 
The Head of the House of Representatives is the Supreme Commander of the Army with responsibility for all final decisions and has responsibility and control of all national military branches with the exception of the Petroleum Field Guards (PFG) who shall be the responsibility of and under the control of the Senate Speaker. 

The State will be committed to vetting the staff of the military and any other national security organization on their record, past performances. The stated purpose of such “vetting” is to exclude those who are not qualified, in accordance with objective criteria placed in writing to the Parliament and as established by laws. These criteria will include removing those proven by the judicial system to have taken part in human rights violations. Any and all decisions for removal of any person will be in writing with copy to the removed party at time of dismissal. All decisions for removal are open to appeal to the Courts.

The State will be committed to the disarmament and dismantling of all armed organizations unauthorized by Parliament on a national level. Disarmament and dismantling on any other armed organization(s) must be taken by their respective Regional Council at the Region level. Disarmament and dismantling will include psychological and professional rehabilitation be made available for the members of such organizations without prejudice to the principle of not escaping criminal prosecution and ensuring State monopoly of arms, guaranteeing individual and collective security and peaceful rotation of power.  

Article 47 – Oath for All Administrative and Executive Positions
Oath for Prime Minister and Ministers, President, Senate, House of Representatives, Region Council, all members of the Judiciary and all others regulated by this Constitution and by Law.

Before any of the above takes office, he or she takes the oath verbatim, word for word from Chapter One, Section 1, Article 6, before the President of the Constitutional Court and in front of the entire Parliament, Prime Minister with his or her Ministers and President. The President of the Constitutional Court shall be sworn in before the Parliament, President, Prime Minister and Ministers by the Speaker of the Senate. Before any Region Council members take office, he or she takes the oath verbatim, word for word from Chapter One, Section 1, Article 6, before the Chief Judicial Officer for the Region and all other members of the Region Council.

Article 48 – Declaration of Assets for Administrative and Executive Positions
Declaration of Assets will be for Prime Minister and Ministers, President, Senate members, House of Representatives members, Region Council members, Judiciary members and all others regulated by this Constitution and by Law.

All of the above will, within the first month of taking oath and assuming his or her position, declare his or her personal financial assets, and those of his wife or wives (for a woman, her husband), and minor children. The declaration should be in detail and will show their movable and fixed assets and their credits and debits inside and outside the State. They will also provide a financial statement at the end of each year and at the end of their term in office. All the statements shall be kept at the House of Representatives.

Article 49 – Declaration of Gifts for Administrative and Executive Positions
Declaration of Gifts will be for any and all gifts received by Prime Minister and Ministers, President, Senate, House of Representatives, Region Council, Judiciary and all others regulated by this Constitution and by Law.

All of the above will not, during his or her term in office, occupy any other public position or exercise any activity, which would bring him or her financial rewards and any gifts, in cash or in kind, received personally, or by agency, because of his office or on his or her assuming office, shall be owned by the public treasury of the State.

Article 50 – Declaration of Conflicts of Interest for Administrative and Executive Positions
Declaration of Conflict of Interests in any form by the Prime Minister and Ministers, President, Senate, House of Representatives, Region Council, Judiciary and all others regulated by this Constitution and by Law.
None of the above will occupy during their term in office, any other public office or carry out any the other activity which will bring them financial rewards. They will not buy or rent state property, let or sell any of their assets, barter with it over some assets, enter directly or indirectly into tenders or contracts concluded by the public administration, organizations or companies under the management or oversight of the state. None will be a member of the board of directors of any company or have any active part in any commercial or financial transaction. 


Chapter IV
President 

Article 51 – President of the State
The President of the State is the one who preserves the unity of the state, the independence of the homeland, the integrity of its territories, and shall protect the interests of the people. The President of the State shall be elected, shall discharge his authorities and competences; and his responsibilities shall be defined in accordance with the Constitution. His office will be the same location of Benghazi as the Parliament. Law shall stipulate the annual financial allocations for the President. 

Article 52 – President Requirements
The candidate for the presidency of the state will meet the conditions for membership in the Senate chamber of Parliament as stated in this Constitution, in addition to the following regarding nomination of candidates. All eight (8) Regional Councils, each and individually, will nominate a Presidential candidate three (3) months and one (1) week before any and all scheduled elections for the Presidency, based on the following:
1. Candidates must meet following criteria in a proven track record of leadership;
2. Have experience and management ability to articulate clear vision of the future and mission going forward in Barqah/Cyrenaica;
3. Proven record on firm commitment to and appreciation for multilateral cooperation; and 
4. Shown effective and diplomatic communication skills, impartiality and objectivity in the performance of the responsibilities of the position organizations with international exposure and a familiarity with the public sector. 

It is further required all eight (8) candidates, one (1) from each regional council will be presented following closure of the nomination process, to the Regional Councils, within one (1) week, in a pre-evaluation to decide on a shortlist of three (3) candidates. These candidates, with their consent, are to be published for the selection of the shortlisted candidates. The weight of each regional council will be the same. 

If there is no shortlist provided at the end of one (1) week, an Electoral College which will consist of five (5) members of the House of Representative, five (5) members of the Senate and one member from each of the Regional Council will create a shortlist of up to three (3) candidates. The weight of each section in the Electoral College will be the same. The publication of each candidate with their criteria and their written statement is strongly recommended to be produced by the Election Commission at least two (2) months before any and all scheduled elections for the Presidency.  

Article 53 – Election
Electing the President of the State takes place in secret and free voting under the supervision of the National Elections Board. Staggered Presidential election to take place beginning two (2) years after elections of Senate and House of Representatives. The Head of the House of Representatives will act in place of the President for these first two years. First Presidential election will be in two years from the enactment of this Constitution. A candidate for President of the state will 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 thirty (30) 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 54 – President Authorities
In addition to any other authorities given to him by the constitution or the law, the President of the State carries out the following functions:
1. Represent the State in its foreign relationship.
2. Accredit representatives of states and foreign bodies in Barqah.
3. Preside over the Cabinet meetings.
4. Issue laws endorsed by the Parliament within two (2) weeks of their endorsement.
5. Appointment and removal of the Head of the Intelligence Service upon the approval of the Parliament.
6. Appointment of ambassadors and representatives of the State in international organizations based on a proposal from the Minister of Foreign Affairs.
7. Appointment and removal of senior officials, with the exception of the following positions: Governor of the State Central Bank, Head of the State Audit Bureau, Head of the State Oil Commission, Head of the Administrative Oversight Authority, Head of the Anti-corruption Authority, Head of the State Electoral Commission, and the Public Prosecutor. The appointment or removal of such sovereign positions shall require the approval of two-thirds (2/3) of the members of the House of Representatives.
8. Declaration of states of emergency, war and peace, and adoption of exceptional measures upon the approval of the National Defense and Security Council and approval of both chambers of Parliament. The decision shall be submitted to the House of Representatives for endorsement within no more than ten (10) days of its issuance.
9. Passing the laws and ordering their publication after the approval of each chamber in accordance with the authorities of each.
10. Awarding decorations and medals.

Article 55 – Term of Office
The presidential term of office shall be four (4) years as of the date of being sworn in, and with one renewal. The first election for President will be in two years from the enactment of this Constitution

Article 56 – Formation of Government
The President of the State shall, within five (5) days of the meeting of the House of Representatives, request for a Prime Minister from the party or the coalition which obtained the highest number of seats to form the government.

Article 57 – Referral of Law back to Parliament
Within the period prescribed for the promulgation of a law and within this Constitution, the President may refer the law back to Parliament for re-consideration, in which case Parliament must re-consider the law. If the law is passed again by a two-thirds (2/3) majority of the members composing each of the two Chambers, the President shall sanction and promulgate it within the thirty (30) days following the communication to him of the last decision. If the majority is less than two-thirds (2/3) the bill shall not be re-considered during that session. If Parliament in another session passes such bill again by a majority of all the members composing each of the two Chambers the President shall sanction and promulgate it within the thirty (30) days following the communication of the decision to him.

Article 58 – Publication
Laws which are promulgated by the President shall become effective in the State thirty (30) days from the date of their publication in the Official Gazette. The laws must be published in the Official Gazette within fifteen (15) days of their promulgation.

Article 59– Implements Policy
The President of the State, together with the government, draws and implements the public policy of the state in the way shown in the constitution. The Prime Minister and the relevant ministers who signed with the President of the State on the actions taken by him share responsibility for these actions.

Article 60 – Representative of State in Foreign Relations  
1. The President is the representative of the state in its foreign relations, and he shall conclude treaties and agreements which shall enter into force after being approved by the Parliament.
2. The President of the State will call the Government for consultations about its work, and he chairs the meeting. He shall also chair the meetings of the government when it discusses foreign and defense policies and with the National Defense and Security Council.

Article 61 – General Amnesty
The President of the State shall have the power to grant general amnesty in accordance with the law authorizing him with this power. The law shall be approved by both Chambers with the absolute majority of their members, and the president has the power to issue a special amnesty in consultation with the Prime Minister and the Head of the Constitutional Court.

Article 62 – Vacancy
The office of the President of the State shall be considered vacant in the following cases:
1. Death;
2. Resignation, which should be in writing and addressed to the Senate;
3. Dismissal, in accordance with Article on High Treason;
4. Disqualification or inability to discharge his duties.

Article 63 – Absent
When the President of the State is absent, or when a temporary obstacle prevents the President from discharging his authorities, he is replaced by the Prime Minister, provided that this period doesn’t exceed sixty (60) days. After that, the Senate decision will be to either extend the period or announce the position is vacant. The decision shall be passed with the approval of the absolute majority of the members.
When the position of the President becomes vacant, President of the Constitutional Court assumes temporarily the constitutional and legal authorities of the President of the State. When President of the Constitutional Court is absent, the Constitutional Court meets to choose one of its members to replace him. The replacement will take the oath stated in Chapter 1, Section 1, Article 6 of this constitution taken before the Parliament, Judiciary and Prime Minister with his ministers. Within five (5) days of the vacancy, the Speaker of the Senate announces the opening of the process of receiving candidacies and electing the new president within thirty (30) days by the latest, in according of provisions of this Constitution. 

Article 64 – State of Emergency
1. The President of the State, in consultation with the Prime Minister, and Speakers of the House of Representatives and the Senate will declare the state of emergency when the country is threatened by national disaster, siege, or a danger which threatens the safety of society. In all cases the declaration of the state of emergency must state the objective, the region and the duration of the state of emergency in accordance with the law.
2. The Parliament meets within five (5) days of declaring the state of emergency in an extraordinary session, upon the request of the President to decide whether it should continue or be lifted in accordance with provisions of the constitution. If the declaration was signed when the Parliament was not in session, Parliament shall be called for an emergency meeting, and within a period that doesn’t exceed fourteen (14) days of the date of declaring the state of emergency.
3. The Parliament shall be in a permanent session until the President of the State declares that state of emergency is over. The state of emergency shouldn’t extend for more than thirty (30) days renewable only with the approval of the absolute majority of the present members of the Legislature.
4. The President, during the state of emergency, will not impose limitations on basic rights and freedoms except to the extent necessary to preserve the public safety of the country. All the decisions and acts taken by the President during the state of emergency are subject to challenge before the courts.

Article 65 – High Treason
1. The President of the State can be accused of high treason or of violating the constitution upon a justified request presented by thirty six (36) members of the House of Representatives or twenty four (24) members of the Senate to the Speaker of the Senate. A hearing session shall be held to discuss this within three (3) days of making the request, and the House of Representatives makes its decision within eight (8) days of accepting or rejecting the request with a majority of two-thirds of its members in a secret ballot.
2. If the request is accepted, the Senate passes a decision for a parliamentary charge against the President of the State, lift his immunity, suspends him or her, and/or refer him or her to the Constitutional Court for a decision on the charges. If he or she is convicted, the House of Representatives passes a decision dismissing him or her, and the convicted remains subject for indictment, trial, sentence and punishment in accordance with the law.
3. In cases other than flagrant e delicto in a felony or a dishonorable misdemeanor, and upon a justified request by the Attorney General accusing the President of committing a criminal act, the Senate holds a hearing and discussion session. Within fourteen (14) days, the House of Representatives will make a decision to accept or reject the request with an absolute majority of members in a secret ballot. If the request is accepted, the House of Representatives passes its decision to lift the President’s immunity, suspends him or her from work, and refer the case to the Attorney General to take legal action to bring him or her before the courts. If he or she is convicted, the House of Representatives passes its decision to dismiss him or her.


Chapter V
The Ministers 

Article 66 – Prime Minster
The Prime Minister heads the Government, supervises its work and guides it in discharging its duties. The law defines the general principles of organizing the ministries and other state bodies. The Ministers for the Government discharge their authorities in accordance with the Constitution, laws and regulations. The Prime Minister shall undertake the submission of draft laws on endorsing international conventions as well as draft financial laws; and manage national affairs in the interest of the country, according to laws, bylaws, regulations and decisions in force.

Article 67 – Requirements
Those appointed Prime Minister or member of the Government 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. Will have completed twenty-five (25) years of age, upon registering candidature
6. Will not have been convicted in a final court ruling of a felony or a dishonorable misdemeanor,
7. In addition to the other conditions provided for in the election law. 

Article 68 – Authorities of the Prime Minister
The Prime Minister shall exercise executive power and ensure the normal performance of the State institutions and their structures in accordance with the following terms of reference:
1. To develop and implement the Government's program throughout its term of office, taking into account priorities.
2. To propose draft laws necessary to perform its functions and submit them to the House of Representatives for approval.
3. Issuing internal regulations, as well as administrative decisions and directives to implement the government's program in accordance with the applicable legislation.
4. The administration of national affairs for the benefit of the country in accordance with the Constitution and the laws, regulations, regulations and decisions in force. 
5. Ministries in the federal government are: Ministry of Foreign Affairs, Ministry of Education and Research, Ministry of Local Government, Ministry of Health and Family Affairs, Ministry of Interior, Energy and Natural Resources, Ministry of Justice and Consumer Protection, Ministry of Defense.  Each ministry has only one deputy minister and all the procedures followed must take into account the principle of staff reduction and the cost associated with each ministry.  
6. Preparation of draft general budget and the balance sheet and concluding the state, and follow the details contained in this Constitution. This item grants the right of veto under this Constitution to use the Prime Minister in the general budget and the right to veto the balance sheet prepared by the Council of Representatives with the Prime Minister and the Council of Ministers.
7. Develop and implement interim emergency financial arrangements as appropriate when conducting necessary consultations with the Head Office of the State, the Office of Audit and the relevant oversight authorities in accordance with the provisions of the applicable financial law.
8. Issue decisions concerning the structure and management of executive bodies and institutions of the Government that it deems necessary and appropriate, and after consultation with the relevant authorities.
9. Negotiation of international treaties and conventions.

Article 69 – Authorities of the Minister
[Ministry of Foreign Affairs, Ministry of Education and Research, Ministry of Local Government, Ministry of Health and Family Affairs, Ministry of Interior, Energy and Natural Resources, Ministry of Justice and Consumer Protection, Ministry of Defense.]
1. The Minister is responsible for drawing the policy of his ministry within the general framework of the public policy of the state and in coordination with all relevant bodies, and he continues to implement those policies through guidance and oversight by the Prime Minister.
2. Preserving the security the homeland and protecting the rights of citizens and ensuring respect for laws and regulations.
3. Proposing draft laws and draft law amendments.
4. Preparing the draft law of the public budget.
5. Organizing state companies, institutions and bodies on their different levels, supervising and following them up.
6. Discussing the proposals, plans and policies of every ministry within its area of work.
7. Passing by laws, organization and executive rules, and organizational rules of public utilities.
8. Any other authorities which are stipulated by the constitution or the law.
Authorities of the Deputy Minister:
1. Performance of duties at the ministry in a manner which ensures institutional stability and improving proficiency in implementing its policies.
2. Any other authorities which are stipulated by the Constitution or the law.

Article 70 – Term
The term of office of the Prime Minister is four (4) years. When his term of office is over, or when the confidence is withdrawn from him, or when he resigns, or is dismissed, all the ministers shall be considered dismissed.

Article 71 – Immunity
The Prime Minister and the ministers enjoy immunity; and in the case of committing high treason or violating the constitution, what applies to members of the Parliament applies to them; and the indictment shall be made by the House of Representatives in accordance with this Constitution.

Article 72 – Removal
The Prime Minister and his or her two deputies may remove any minister based on their unanimous agreement, provided that the Minister continues in a care-taking capacity until the replacement is presented to the House of Representatives within ten (10) days of the removal to receive the vote of confidence.

Article 73 – Vacancy of Prime Minister
The office of the Prime Minister, or the minister shall be considered vacant in the following cases:
1. Death;
2. Resignation;
3. Dismissal in accordance with this Constitution;
4. No confidence in a minister in accordance with this Constitution;
5. Disqualification or incapacity of performing his or her duties.

The House of Representatives declares the vacancy, and President of the State issues a Decision stating the fact. The outgoing government shall continue functioning as caretaker government responsible before him until the formation of a new government. The Senate, in a session specifically convened for this purpose, within a date no later than five (5) days of the date on which the post was declared vacant, will agree on a list of candidates for the Prime Minister. Every person declaring an interest in the position as well as every party meeting minimum populace vote shall be accepted for discussion of inclusion in the list of candidates. If the list of candidates is more than two (2) there shall be voting by secret vote until the top two candidates are selected. A candidate may withdraw his/her name for consideration at any time before the first vote. If there is only one candidate, he/she becomes the new Prime Minister. 

The Prime Minister will be elected by secret vote from the party which has the majority in the Senate. To be considered a viable party eligible for voting, the party must have received at least fifteen (15) percent of the populace vote in the latest election. 

In case either Deputy Prime Ministers positions becomes vacant for any reason whatsoever, five (5) representatives from the Senate, in a session specifically convened for this purpose, within a date no later than ten (10) days of the date on which the post became vacant in order to agree on a replacement for him or her. The selection process will be the same as for the Prime Minister position. 

Article 74 – Resignation of Government Ministers
The resignation of the Prime Minister, his death or vacancy of his position for any reason whatsoever shall lead to the resignation of the whole Government. 

Article 75 – Confidence to Government
The House of Representatives gives its confidence to the Government in a secret ballot with the absolute majority of the members during the session in which it hears the Government’s action program presented by the Prime Minister within thirty (30) days of being asked to form the Government.

Article 76 – Withdrawal of Confidence

Confidence shall be withdrawn from Prime Minister or one of the ministers with the approval of the absolute majority of the House of Representatives in a secret ballot. If confidence is withdrawn, the Prime Minister will present his government’s resignation to the President of the State, and the House of Representatives will withdraw its confidence from any minister with the approval of the absolute majority of its members.

The House of Representatives shall not consider the request to vote on withdrawing confidence from the Prime Minister or a minister until after an interrogation session, and upon a written request presented by twenty four (24) members in the case of the Prime Minister, and of twelve members (12) in the case of a minister. This shall be discussed within fourteen (14) days of being presented and must be decided within three (3) days after the end of the discussion.

Article 77 – Right to Question
Every member of Parliament has the right, in conditions which shall be determined in the rules of procedure of each Chamber, to address questions and interpolations to Ministers. Discussions on an interpolation shall not take place until at least eight [8] days after it has been presented, except in cases of urgency and with the consent of the person to whom the interpolation is addressed.
Photographer Mustafa Eckreem