
Draft Law
Concerning Associations and Civil Society Organizations

About the Law:
For decades, Libyans have suffered grave violations of their human rights— rights endowed upon them by Allah at birth. Citizens have been continually subjected to restrictions on fundamental rights and freedoms; including the right to establish associations and organizations, to peaceful assembly and protest, and to freedom of expression and opinion. Such restrictions have harmed community-based work to achieve shared goals, ensure shared rights, and combat destructive phenomena including corruption, discrimination and lack of equal opportunities, restrictions on charitable and civil work and administrative arbitrariness, the absence of timely justice, environmental degradation, and more. Although the denial of rights was among the grounds upon which the former regime was overthrown, the alternative governing system has not provided a means for society to fully triumph over such adverse practices.
Today more than ever it is imperative to address this situation. The work of civil society must be ensured and regulated in a balanced manner, based on a proper legislative framework and in accordance with Article 15 of the Constitutional Declaration under both its executive and judicial components. This is essential for building a robust civil society that effectively upholds its role in furthering social development and protecting political, social, and economic rights, which is main objective of the proposed Draft Law on Associations.
The process of drafting a law regulating the right to form associations and civil society organizations in line with the Constitutional Declaration has been underway since the end of 2011, with an official committee, activists, experts, and organizations contributing to the law in its different phases of development. Spanning over thirteen years, the drafting process involved national consultations and broad civil society contributions, and UN and international support. It culminated in the presented draft law, which adopted first-rate national drafting standards, adheres to constitutional requirements, and upholds the rights of society and individuals, in alignment with Libya’s international obligations and its national, human, and value-based aspirations.
Key Guarantees in the Law
Definition and Right of Establishment
Notification and Legal Personality
Rights Guaranteed to Associations
Transparency and Governance
Prohibitions
Protection and Independence
Penal Procedures
Supporting organizations and bodies
The Special Rapporteur on the rights to freedom of peaceful assembly and of association
Cairo Institute for Human Rights Studies
Human Rights and Rule of Law Section of the United Nations Support Mission in Libya
Draft Law
Concerning Associations and Civil Society Organizations
The House of Representatives,
Having Sighted;
The Constitutional Declaration issued on August 3, 2011 and its amendments,
Article 22 of the International Covenant on Civil and Political Rights,
The Civil Code,
Law on the Judiciary System and its amendments,
Law No. 5 of 2011 regarding the National Council for Public Liberties and Human Rights,
Law No 3 of 2014 concerning Advocacy.
Passed this law:
Article One
Definitions
- ‘Association’:
Any independent non-profit, civil society entity, established voluntarily under the name of an association, organization, foundation, or any other designation., by two or more persons, aiming to serve any aspect of life, society, or aiming to protect a constitutional, legal, human, or natural right. - ‘Administration’ or ‘Commission:
Refers to the Commission for the Support and Care Civil Society, as stipulated in Article Nineteen of this law
Article Two
Right to Establish Associations
- The establishment of associations, joining them, withdrawing therefrom, and participating in their management is a human right, exercised in accordance with the provisions of this law and relevant international conventions.
- Minors over the age of fifteen are allowed to establish or join associations together with adults, provided that the objectives of the association are appropriate for their capacities and aspirations.
- Associations are required, in their statutes, in the exercise of their activities, and in their funding, to adhere tothe principles of democracy, civil values, equality, human rights, transparency, anti-corruption, and good governance, in line with national legislation and international conventions.
Article Three
Establishment of an association
- To establish an association, a formal agreement must be concluded between the founding members and notarized by an official public notary .
- The A ssociation must have a name derived from its purpose as chosen by the founders. The same name may not be used by more than one association.. It is also prohibited to use general terms as names. unless they are accompanied by a specific reference to the association’s purpose or identity. In designing the association’s logo, official symbols, state emblems, including the national flag, should not be used.
- Each A ssociation shall also have a statute that includes the following:
- Name and address of the A ssociation in Libya
- Names of the founding members, their titles, nationalities, professions, places of residence and signatures
- Objectives of the Association
- Conditions of membership, grounds for termination thereof, and members’ rights and obligations
- Description of the organizational structure of the Association
- Mechanisms for decision-making and methods for dispute settlement
- Procedures for amending the Statute .
- Rules for dissolution and liquidation of the Association
Article Four
Prohibitions on the Association
Associations are prohibited from engaging in, or intending to engage in, the following:
- Inciting violence, hatred, discrimination, or intolerance that leads to incitement thereof for any reason on the basis of belief , gender, language, race, tribal or regional affiliation, or other grounds.
- Engaging in commercial activities for the purpose of distributing funds or profits to its members or using the Association as a vehicle for tax evasion or money laundering.
- Contravening the principle of Political Neutrality by participating in political campaigns, parties, or groups or using the organization's properties, financial or human resources to support any particular political candidate, figure, party, or such specific entity.
Article Five
Legal Personality of the Association
The Association shall acquire legal personality one month after the date of submitting the Notification, in accordance with the provision of Article Six of this law.
Article Six
Procedures for the Declaration of the Association
The declaration of the Association shall be in accordance with the Notification System, as follows:
- A notification for the establishment of an association shall be submitted by its legal representative, accompanied by the Statute , to the Administration or any of its branches, in exchange for a delivery receipt, sent by registered mail with a delivery acknowledgement receipt, electronically in exchange of an electronic acknowledgment of receipt, or through any other method of notification recognized by the law.
- Upon receiving the Notification, the Administration must announce the declaration of the Association. The administration may notify the Association at the address mentioned in the notification of any observations related to the legality of the Association’s establishment procedures , in accordance with the provisions of this law. In this case, the Association may either comply with the Administration’s observations, or respond with justifications for not accepting the same and insist on the declaration of the Association. In this event, the Administration must immediately declare the Association as submitted. The Administration may, however, submit a petition to the judge of the competent district court in whose jurisdiction the Association’s headquarters is located, requesting annulment of the declaration. The judge shall issue a decision to accept or reject such petition within ten days of its .This will be without prejudice the right of the Administration to refer the matter to the competent court to request a ruling to dissolve the Association in accordance with the provisions of this law, nor prejudice the right of the association to appeal decisions and rulings issued against it, in accordance with the law.
- The Administration shall have no right to object, refuse to declare the Association or refrain from issuing a certificate of its declaration except through the judicial procedures stipulated in the previous paragraph.
Article Seven
Rights of the Association
The Association shall have the following rights:
- The right to access and publish information that should be made available and publish the same in adherence to the principle of transparency.
- The right to evaluate and discuss the performance of state authorities , as well as their official bodies and institutions, and to provide opinions and proposals thereon.
- The right to freedom of expression, peaceful assembly, and association, including organizing peaceful demonstrations, conferences, workshops, monitoring various types of elections, and practice all other civil activities that fulfill its objectives.
- The right to publish reports and information, print and distribute publications, and conduct opinion polls.
- The right to open a bank account upon submission of the statute of Association and Declaration Certificate.
- Associations may, within the scope of their objectives, collaborate with public bodies on specific projects that serve the public interest, provided this does not compromise the Association’s independence and neutrality.
- The right to join or form specialized or thematic coalitions.
- The right to establish and join relevant networks at national, regional and international level
It is prohibited for public authorities to directly or indirectly, obstruct or hinder an Association's activity, or to withhold any document related thereto, except by a reasoned judicial order. The competent public authorities shall take all necessary measures to ensure the protection of the Association and its members from any violence, threat, pressure or arbitrary actions resulting from the Association's exercise of its rights mentioned in this law.
Article Eight
Association bodies
The supreme authority of the Association shall be vested in its members convened in the form of either an ordinary or extraordinary General Assembly. The Statute of Association shall define the powers thereof , , procedures for convening, meetings and decision-making.
The Association shall also have a Board of Directors. The Statute of Association shall define the method of forming the Board of Directors, its powers, decision-making procedures and delegation thereof
Women's representation in the Board of Directors must not be less than one-third of the total board membership, except in cases where the nature or realities of the Association necessitates a lower percentage, as specified in the Statute of Association.
As much as possible, women should also be represented by no less than one-third of the membership of all committees established by the board.
The Chairperson of the Board of Directors, or in their absence the Deputy Chairperson,, shall be the legal representative of the Association before courts and in its relations with third parties.
Article Nine
Principle of Conflict of Interest
Members of the Association or those working for it, may not participate in, or influence decision-making in matters that could result in a conflict between the interests of the association and their personal, professional or their relatives up to the fourth degree.
Article Ten
Resources, Funds and Budget of the Association
The Association shall be self-financed through the contributions of its members. It may also accept grants, donations, bequests or unconditional funding, whether explicitly stated or implied, except for conditions that relate to improving performance or achieving its objectives.. The Association may also generate income from its properties, projects or activities, provided that such income is used solely for the development of the Association's work. Distribution of profits among members is strictly prohibited.
Article Eleven
Accounting Records
The Association is required to maintain the accounting records mandated by l law and according to standard accounting principles. In addition, any association that accepts grants, donations, bequest, or funding, or that generates income from its properties, projects, or activities, must appoint an external auditor to review its accounts if the total value of its annual activity exceeds one hundred thousand dinars. The Association must also maintain, in addition to the aforementioned records, a dedicated register for grants, , donations, bequests and funding, as well as a separate register for revenues from properties, activities and projects.
In all cases, the Association must allocate its resources solely to activities that serve its objectives. It is also obligated to present its records whenever requested by the relevant authorities.
The funds and activities of Associations shall be exempt from all types of taxes and fees, including customs duties.
Each association’s General Assembly shall issue a comprehensive internal financial regulation that outlines financial policies, procedures, and cash expenditure limits. This regulation shall prohibit cash disbursements exceeding five hundred dinars per disbursement authorization, and require the use of checks or bank transfers for amounts exceeding this limit.
Article Tweleve
Disclosure of financial resources
The Association is required to submit official copies of all documents related to the acceptance of grants, donations, bequests, or national or foreign funding to the competent authority within two weeks from the date of acceptance. The Association must also publicly announce these on its official website.
Furthermore, the Association must publish its regular and exceptional activity reports, as well as its annual financial report on its official website, and submit copies of these reports to the competent authority within two weeks of their preparation.
Article Thirteen
Retention of the Association’s Documents and Records
The association is obligated to retain its documents and financial records for a minimum period of ten years.
Article Fourteen
Branches of Foreign Associations
The procedures for registering and declaring branches of foreign associations shall be regulated by a special regulation issued by the Commission for the Support and Care of Civil Society, as stipulated in Article Nineteen of this law in a manner that does not contradict the spirit and text of this law and the relevant international agreements.
In urgent cases and crises, the branch may commence its activities in Libya based on a special authorization granted by the competent authority.
Article Fifteen
Legal Capacity of Associations in Litigation
Associations are considered to have the legal capacity and interest to challenge before the courts any legislation or decision that is directly or indirectly related to their objectives and public interest ,They may also file substantive lawsuits where the interest being protected aligns with the objectives of the association . The provisions relating to the requirements of legal capacity and interest in such appeals and lawsuits shall be interpreted in the broadest possible meaning. .
Article Sixteen
Popular Petitions and Legislative Requests
The executive authority is obligated to issue an explanatory statement regarding any petition submitted to it that is signed by 1,000 adult citizens or 20 Associations, and to launch an investigation and announce its results in the case of any petition signed by 5,000 adult citizens or 50 Associations.
If the request was of legislative nature that falls outside the government powers, the executive authority will be obligated to refer the same to the legislative authority if signed by 100,000 adult citizens or 100 associations, The legislative authority. In this case, shall be obligated to publicly discuss such legislative request and decide as appropriate.
Moreover, the legislative authority must conduct a popular referendum on any legislative request signed by half million adult citizens or 1,000 Associations, provided that the referendum must be held within two years of the request's submission. The outcome of the referendum shall be considered a moral directive from the people.
Article Seventeen
Merger, Dissolution, and Liquidation
Associations with compatible objectives may merge into a single association in accordance with their statutes of association, or form a specialized union..
Associations may be dissolved by the will of their members through a decision of the general assembly, or by a final judicial ruling from the competent court where the Association headquarters is located, based on a request by the administrative authority or a party with legitimate interest.
In the event of dissolution, the Association’s assets shall be liquidated in accordance with the applicable accounting rules governing the liquidation of Associations.
The proceeds remaining of an Association’s funds, after fulfilling all obligations, shall be transferred to an Association with similar objectives, or to any other Association designated by the general assembly, the liquidator, or the court.
Article Eighteen
Networks and Coalitions of Associations
Two or more Associations may establish among themselves a network aimed at cooperating to achieve their similar objectives and to pool their resources . The network shall be established through a written agreement that is binding to its parties, and it shall be given a name that reflects its identity.
The network may exist without registration or official declaration; in which case it does not acquire legal personality.
Associations or networks with a shared purpose may also form a coalition to carry out major tasks or specific activities that exceed the capacity of each individual Association or network on its own.
Article Nineteen
The Administrative Body Responsible for Supporting and Overseeing Associations
The Administration is entrusted with support of Associations, oversees their affairs , and ensures the exercise of the right to form association and peaceful assembly, is carried out through a body called the “Commission for the Support and Care for the Civil Society,” which shall possess legal personality, financial independence, and shall operate with full autonomy.
The commission shall have an independent budget within the state budget, but separate from any executive authority.
The Commission shall be managed by a Board of Directors chaired by a person appointed by the legislative authority from among individuals known for their independence, civic and humanitarian engagement, and advocacy for rights and freedoms. The board shall include six members, half of whom must be women, elected by declared Associations. Their appointment shall be issued by the legislative authority every four years. The election of board members shall be organized by a decision issued by the committee stipulated in Article 25 of this law.
Without prejudice to the provisions of Article Eleven of this law, the Commission for the Support and Care for the Civil Society shall issue its own internal regulations, which shall include an annex detailing the accounting books that Associations must maintain, the standards and regulations of public funding, and a list of fees required to obtain authorization for foreign associations to open branches in Libya.
Any delay or failure to issue these internal regulations shall not infringe on the right of individuals to establish and declare their Associations in accordance with the provisions of this law. Likewise, any delay or failure to form the Commission mentioned in this article shall not, under any circumstance, impair the constitutional right to establish Associations and carry out their activities.
Article Twenty
Exercising in Activities through Undeclared Associations under the Authority of the Commission
There swill be no punishment for engaging in activities through a peaceful assembly or merely joining an undeclared Association, unless the activity itself constitutes a fully -fledged criminal offence. However, undeclared Associations shall not enjoy the privileges granted under this law and shall still be bound by the obligations stipulated herein.
Article Twenty one
It is prohibited to monitor or the premises of the Association except by a judicial order nor searching the same except in the presence of the Association's representative.
Article Twenty two
This law shall be considered legislation related to fundamental human rights and may not be interpreted or applied in a manner that infringes upon the freedom or independence of associations.
Article Twenty three
Punitive Measures
In the event of an association violating the provisions of this law, the administration has the right to take the following consecutive measures:
- Alert the Association and draw attention to its violation, upon which the Association must resolve the violation within a period not exceeding two weeks of the date of notification, provided that the procedure includes identifying the violation.
- Warn the Association in the event of non-reply to the warning procedure and exposure of the violation.
- Suspend the activity of the Association for a specified period, based on a petition issued by the Administration from the competent judge, after three weeks of warning without the violation being resolved.
- Dissolve the Association, by ruling from the competent court, based on a lawsuit filed by the administration in the event that the association continues to commit or repeat the same violation.
In the event of an association violating the provisions of articles 4 or 11, the administration may not abide by the order mentioned in the previous paragraph. The Administration instead must immediately resort to the competent court to request the suspension or dissolution of the Association’s activity.
This does not prejudice the Association's right to challenge the punitive measures taken against it before the courts.
Article Twenty four
Transitional Provision
Within one year as from the date of the promulgation of this law, the existing Associations must declare to the Administration their existence or their desire to rectify their status in accordance with its provisions and notify the Administration of the measures they have taken in this regard. In this case, any objections that the Administration deems relevant shall be subject to the rules established under Article Six of this law .
Until the formation of the Board of the Commission in accordance with Article Nineteen , a temporary committee shall assume the duties of the Commission for the Support and Care for the Associations. This committee will consist and chaired by a judge and include a representative of The Libyan BAR Association and a representative of the National Council for Public Liberties and Human Rights. Such committee shall be entrusted with organizing and supervising the election procedures for the six members of the Commission's Board. A decree from the Supreme Judicial Council will establish this committee and determine its term. The government is required to provide the necessary resources to enable the committee to perform its duties.
Article Twenty five
Entry into force
This law shall enter into force as from the date of its publication in the Official Gazette, and any provision to the contrary shall be repealed. Law No. 19 of 2001 on the organization of civil society organizations shall be deemed repealed, retrospectively, as from the date of issuance of the Interim Constitutional Declaration on August 3rd , 2011.
This law shall be published in the Official Gazette.
Issued in [........] on [........].