CHAPTER SEVEN. Independent Constitutional Bodies
Article 165. Independence of Constitutional Bodies
The bodies stipulated in this chapter shall enjoy a legal personality and technical, administrative, and financial independence. They may be consulted on draft laws that are relevant to their area of expertise. They shall carry out their work in accordance with the provisions of the Constitution and law. They shall be distributed geographically throughout the country.
Article 166. Administration of Constitutional Bodies
The legislative authority shall elect independent persons who are competent and honest to administer these bodies. Those persons may not be dismissed before the end of their term unless they lose any of the conditions of their election or in the cases that are stipulated by the law.
Article 167. Control of Legislative Authority on these Bodies
Constitutional bodies shall be subject to the control of the House of Representatives and shall submit reports to it and the Cabinet of Ministers about their work in accordance with what is regulated by the law. The House of Representatives may publish these reports after discussing them.
Article 168. High National Commissioner for Elections
The High National Commissioner for Elections shall, to the exclusion of all others, manage and organize public referenda and general and local elections in all stages with transparency and credibility, including the announcement of the final results. The commission shall be managed by a board made up of nine members, and the legislative authority shall elect one of them to be the chairman of the board. They shall carry out their tasks for one term lasting six years. One third of them shall be renewed every two years.
Article 169. Accounts Department
The Accounts Department is the highest authority for financial oversight and audit in the State. It shall have comprehensive oversight of State funds, the parties that the State finances wholly or partially, and any other bodies specified by the law. It shall also enjoy the authority to keep track of these funds.
The Accounts Department shall be managed by a president and a vice president who will undertake their duties for a six-year term that is eligible for renewal one time.
Article 170. Human Rights National Council
The Human Rights National Council shall strengthen the values of human rights and public freedoms as stated in Islamic Shariya and international conventions and shall promote them and disseminate their culture. It shall also be concerned with the following:
- Observing human rights conditions and monitoring violations thereof. It shall report them to the competent national authorities and follow up on this.
- Supporting citizens in obtaining their rights as stipulated by the Constitution and the law.
- Recommending the ratification of, or accession to, international covenants of human rights in a way that does not conflict with the provisions of the Constitution.
- Promoting cooperation with national and international human rights organizations.
The Council shall be comprised of nine members and shall take care to represent women and youth. The legislative authority shall elect one of them to be commissioner and another as vice chairman, and they shall carry out their tasks for one term lasting six years. One third of them shall be renewed every two years.
Article 171. Cultural and Linguistic Heritage National Council
The Council shall preserve and document the diverse cultural and linguistic heritage of the Libyan people and shall devote attention to ensure the preservation of its authenticity, integration, and peaceful coexistence among Libyans. The Council shall be managed by nine members, who reflect the cultural and linguistic diversity of the Libyan people. The legislative authority shall elect a chairman for one term lasting six years.
Article 172. Council of Senior Scholars
The Council of Senior Scholars shall assume the following duties:
- Expressing opinions on matters referred to it by State authorities to analyze and form opinions of them based on legal (Shariya) evidence.
- Conducting specialized Shariya research to address modern religious issues, seeking the help of specialists in all fields, and giving recommendations therein.
- Issuing individual fatwas on the affairs of beliefs, acts of worship, and personal transactions.
The Council shall be made up of fifteen members who are specialized in Islamic Shariya selected by the legislative authority for a six-year renewable term. There shall be a president and vice president presiding over the Council for three-year terms. The Council shall also have a number of specialists in various fields. Geographic distribution shall be taken into consideration when selecting the members of the Council, and it shall have branches in accordance with what the law regulates.
Article 173. Body of Sustainable Development
The Body of Sustainable Development shall assume the following tasks:
- Recommending the appropriate measures for achieving sustainable and balanced development.
- Proposing the appropriate policies, plans, and programs for building and developing human capacities, the diversity of resources, and identifying the priorities of national development to ensure close development levels between the various regions.
- Offering technical advice on development plans to the local and national levels.
- Assessing development plans and how to implement them in light of the indicators of sustainable and balanced development and the need for maintaining the rights of future generations.
The body shall be managed by a council made up of six members elected by the legislative authority, who will determine the president and vice president, for six-year terms that can be renewed only once. One third of them shall be renewed every two years.
Article 174. Other Bodies
The law shall regulate bodies for Administrative Oversight, Transparency and Anti-Corruption, the Census, Higher Council for the Media and Press, and the Council for Science, Technology, and Innovation. The law shall determine their composition, competences, labor system, and guarantees of their independence and neutrality of their members in accordance with what is stipulated in this chapter.
