NATIONS

Supplementary Report to the Second AIlnual Report of the United Nations Commissioner in Libya

Prepared in consultation with the Council for Libya

GENERAL ASSEMBLY oFFJQ.~,~,.~>,~~~9JiRS,;.. SIX.T#.-SESSJQ,~.". ~~ (A/I 949/Add. I)

( 59 P.) PARIS, 1952

UNITED NATIONS

Sllpplementary Report

to the SeCOlld Anllual Report of the United Natiolls COlnmissioner in Libya

Prepared in consultation \"ith the Council for Libya

GENERAL ASSEMBLY OFFICIAL RECORDS: SIXTH SESSION SUPPLEMENT No. 17 A (A 1949 Add. I)

Paris, 1952 NOTE

Symbols of United Nations documents are composed of capital letters. combined with figures. Mention of such a symbol indicates a reference to a United Nations document. TABLE OF CONTENTS

Page LETTER OF TRANSMITTAL V INTRODUCTION vii

Chapter 1. FINAL TRANSFER OF POWERS AND DECLARATION OF INDEPENDENCE .. A. The final transfer of powers . B. The Declaration of Independence :2

11. THE ELECTORAL LAW AND THE ORGANIZATION OF ELECTIONS A. The Electoral Law 4 B. The organization of elections 5 lII. TECHNICAL ASSISTANCE TO LIBYA UNDER THE UNITED NATIONS EXPANDED PROGRAMME OF TECHNICAL ASSISTANCE AND RELATED MONETARY AND FINANCIAL MATTERS A. Aid to Libya under the United Nations expanded programme of technical assistance 11 B. Financing of Libyan economic and social development 13 C. Currency 14 D. Financial agreements 14 E. Future economic and social development programmes 15

IV. CONCLUDING REMARKS 18

ANNEXES 1. Proclamation of Libyan Independence by King Mohamed Idriss al Mahdi al Senussi at Benghazi, on 24 December 1951 25 n. Transfer of Powers Proclamation No. 4 issued on 24 December 1951 by the British Residents for Tripolitania and for Cyrenaica and by the French Resident for the Fezzan 25 Ill. Transfer of Powers Proclamations Nos. 1 and 2 issued on 12 Octo- ber 1951 by the British Resident for Cyrenaica 28 IV. Temporary Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Libyan Government regarding financial assistance to Libya to be provided by the Government of the United Kingdom of Great Britain and Northern Ireland ...... 29 V. Temporary Agreement between the Government of France and the Libyan Government regarding financial assistance to Libya to be provided by the Government of France ...... 31 VI. Transfer of Powers Proclamation No. 3 issued on 15 Decem- ber 1951 by the British Residents for Tripolitania and for Cyrenaica and by the French Resident for the Fezzan 32 Chaprer Pug!!' VII. Cyrenaica and Tripolitania (Termination of Administration) Order in Council, 1951 ~:'i VIII. The Electoral Law for the election of the Libyan Federal House of Aepresentatives 35 IX. The Statute of the Libyan Public Development and Stabilization Agency and the Statute of the Libyan Finance Corporation 45 X. Memorandum 011 War Damages in Libya submitted by the represent- ative of Cyrenaica on the Council for Libya 52

iv LETTER ~F TRANSNUTTAL

G';neva, 8 January 1952 Sir, I have the honour to transmit herewith my final report on which, in accordance with parar,raph 5 of part A of resolution 289 (IV) of the General Assembly, I have consulted with the Council for Libya. The draft of the report was dispatched from Tripoli to members of the Council on 28 December 1951 and consultations on it took place in Geneva, during five meetings, from 5 to 8 January 1952. The representative of France did not attend, and the repre­ ser.tative of Italy attended one meeting only. Both were replaced by non-voting alternates. I have the honour to request that you make this report available to the General Assembly for discussion during its current (sixth) session. As I indicated in the letter of transmittal of my second annual report,:I: this final report covers the events from the third week of October 1951 to the date of the declaration of Libyan independence on 24 December 1951, includin3 that day's events in so far as they bore upon the completion of my task. In the final chapter I have taken the opportunity to express my own appreciation of the task which I undertook. The report also includes a number of footnotes and counter-footnotes inserted by members of the Council and by myself. In accordance with resolution 289 (IV) of the General Assembly, I have attached to tbis report, as annexes I to IX, a number of documents which I wish to bring to the attention of the General Assembly. They include the declaration of Libya's independence, the documentation relating to the transfer of the remaining powers to the Provisional Libyan Government, the temporary agreements between the Libyan Government and the Governments of the United Kingdom and of France regarding financial assistance to Libya, the Electoral Law for the Libyan Federal House of Representatives and the Statutes of the Libyan Public Development and Stabilization Agency and the Libyan Finance Corporation. There is also attached annex X submitted by the member for Cyrenaica. It will be noted that neither in the present report nor in my previous reports have I referred to the presence of foreign troops and military installations on Libyan soil. As long as the territories composing Libya were administered by the- United Kingdom and France, that is to say, up to the day that Libyan inde­ pendence was proclaimed, these two Powers were responsible for Libya's foreign relations and defence which, therefore, did not come within my competence nor within that of the Provisional Libyan Government. The latter Government ceased to exist the moment the last powers, including foreign relations and defence, were transferred to it. It resigned on the morning of Independence Day, 24 December 1951, and was immediately succeeded by the duly constituted Government, appointed by His Majesty the King of Libya, in conformity with the provisions of the Libyan Constitution. At the same moment, the Commissioner's functions, as definec by General Assembly resolutions 289 (IV) and 387 M, came to an end. These facts, as wen as the fact that foreign relations and defence and, therefore, the conclusion of any treaties or agreements concerning the presence of foreign troops and mili-

:I< A/1949, see Official Records of the General Assembly, Sixth Session, Supplement Nv.17.

v tRry installations on Libyan soil, became the concern of the sovereign, ind~ pendent, and duly constituted Libyan Government and of the Parliament to be elected after independence explains why these matters are not referred to in my report. I have pleasure in recording my appreciation of the co: 'deration and co-operation shown to me by the representatives of the Administering Powers in the thre~ Libyan territories during the last stages on the road towardll Libyan independence. I have previously, on several occa~ions, expressed to you as Secretary-General. my appreciation of the full co-operation and wholehearted 3ssistance which you and your staff have afforded me in the fulfilment of my task. I need not repeat here the thanks recorded in my t'"iO annual reports, except to state that this has continued to the end. I should also like to take this opportunity to record my particUlar thanks for the aircraft facilities provided me by the plane chartered to the United Nations by the United States Air Force. This aeroplane, with a highly qualified and devoted crew, has flown on United Nations missions, approximately 170,000 miles without accident. This means of transport in such a vast country, together with the radio network placed at my disposal by tile United Nations Field Service, has proved invaluable in maintaining the swift and indispensable contacts with the three territories, thus enabling me to act with dispatch on many important occasions, avoiding delays which otherwise might have prolonged my mission. I should like to avail myself of thIS opportunity to express to you my most sincere thanks for the efficient, devoted and tireless staff which you placed at LJ.y disposal, without which my task could not have been carried out in the time available.

(Signed) A. PELT United Nations Commissioner in Libya

Mr. Trygve LIE Secretary-General ot the United Nations United Nations Paris INTRODUCTION

1. The final report of the United Nations Commissioner in Libya refers to developments which occurred in Libya during the two months which have elapsed since his second annual report dealing with events up to the third week in October was rransmitted to the Secretary-General on 30 October 1951. In Ins concluding remarks to that report, the Commissioner stated that a number of decisio"1s previously reached had still to be put iDto effect and that much of the work already initiated had to be actively pursued during the short period preceding the ultimate date fixed by the General Assembly for the declaration of Libyan independence. 2. The present report g;ves an account of the final stages preceding and leading to the declaration of Libyan independence on 24 December 1951, and the emergence of the United Kingdom of Libya. The salit':lt events of the period covered in the present report are the transfer of the remaining groups of powers by the two Administering Powers to the Provisional Libyaa Government; the formal declaration of independence by His Majesty King Mohamed Idriss AI Mahdi Al Senussi; the adoption and promulgation by the Libyan National Assembly of the federal Electoral Law; and the initial measures taken to organize the first elections for the Libyan House of Representatives. These events are dealt with in the first two chapters. A third chapter gi"es information on further action taken or planned for recommendation to the Libyan Government in the economic, social and financial fields. 3. The Commissioner consulted the Council for Liby3 with regard to the preparation of hi" final report during five meetings held in Geneva from 5 to ~ JanllClry 1952.

vii

Chapter I' FINAL TRANSFER OF POWERS AND DECLARATION OF INDEPENDENCE

4. Libya, comprising Cyrenaica, Tripolitania and 12 October 1951 by proclamations issued simul­ the Fezzan was proclaimed an independent and so­ taneously by the Residents in the three territories." vereign State, under the name of "The United Kingdom 7. With regard to the third group of powers it was of Libya"," on 24 December 11)51, by King Mohamed observed in paragraph 135 of the Commissioner's Idriss Al Mahdi AI Senussi, who thereby ascended the second annual report'O that its transfer was, for practical throne of the new State with the title of "His Majesty reasons, contingent upon the conclusion of financial the King of the United Kingdom of Libya".' The agreements, of a provisional character, between the Libyan Constitution also came into full effect on the Government of the United Kingdom and the Provi­ day of the declaration of independence.' sional Libyan Government on the one hand, and 5. The Royal proclamation was the culmination of between the Government of France and the Provisional a series of formal instruments issued in the two capitals Libyan Government on the other. It was pointed out of Libya and in Sebha:' On the onc hand, they com­ that the grants-in-aid by the Governments of the pletely terminated British and French authority in United Kingdom and of France to the governments r;f Libya and, on the other, they made Libyan indepen­ the territories under their administration for th~ dence effective. current financial year, had been made for specific pur­ poses and could not be diverted to the Provisional A. THE FINAL TRANSFER OF POWERS Libyan Government and to the succeeding duly 6. The plan for the progressive transfer of powers constituted Libyan Government without the express to the Provisional Libyan Government, prepared by authorization of the British and French Parliaments. the Commissioner with the co-operation of the Co­ It was further noted that such an authorization could ordination Committee" and endorsed by the Council not be obtained, for reasons of parliamentary proce­ at its 85th meeting on 28 September 1951,' divided the dure, in the short time available before the date set powers to be transferred into four groups.' Broadly by the General Assembly for Libyan independence. speaking, the plan envisaged that the powers in the first In order to overcome these diiliculties and at the same two groups, which had little or no financial implications, time to speed the tnnsfer of powers, an understanding would be transferred as soon as the necessary legal was reached on 23 August 195 I, between the Provi­ instruments could be drafted, \\-hile the transfer of sional Libyan Government, the three territorial powers in the third group, which implied important governments :llld the two Administering Powers financial consequences, and in the fourth group, which whereby the expenditure of the Libyan Government, gave to Libya the attributes of sovereignty, would take until 3I March 1952, would be borne by the three place at a later date. The first two groups of powers territories. It was further agreed that, in order to were accordingly transferred by the Administering enable the three territorial administrations to make Powers to the Provisional Libyan Government on their respective contributions to the financing of the Libyan Government without infringing on the above­

1 The represelltative of Egypt requested the insertion of the mentioned British and French constitutional restric­ following footnote: tions, financial agreements would have to be concluded "The representative of Egypt wishes to point out that the between the Governments of the United Kingdom and events and developments of the final stages preceding and leading to the declaration of Libyan independence which of France and the Provisional Libyan Government." are recorded in the first two chapters of this supplementary report took place in November and December 1951, during o Ibid., paragraphs 201 to 205, and annex XVI. The texts which time the Council was not in session and therefore not of the corresponding proclamations issued by the British Resi· consulted". dent in Cyrenaica were not received in time for their incor· "See Official Records of the General Assembly, Sixth Ses­ poration in annex XVI and appear as annex III to the presenl sion, Supplement No. 17, annex I, article 2 of the Libyan report. Constitution. 10 See OfJiciac Records of the General Assembly, Sixth Ses· :l See annex I to the present report. SiOIl, Supplement No. 17. "See Official Records of the General Assembly, Sixth Ses­ It The representatil'e of Egypt requested the insertioll of the sion, Supplement No. 17, annex I, article 201 of the Libyan following footnote : Constitution. "The representative of Egypt wishes to point out that he , See annex II to the present report. has good reason to believe that these financial agreements u See OfJicial Records of the General Assembly, Sixth Session, are bound to have far-reaching political implications affect­ Supplement No. 17, annex XIII, appendix. ing the future of Libyan independence, and he therefore , Ibid., paragraphs 167 and 179, strongly recommends to the General Assembly of the United 'Ibid., paragraphs 141 to 145, Nations to make a careful study of them",

1 8. Power to conclude financial agreements with the B. THE DECLARATION OF INDEPENDENCE Administering Powers to permit the transfer of further pO\vers and to take any executive or legislative action 15. The ground was now clear for the formal pro­ appropriate to the implementation of any such clamation of Libyan independence. The Provisional agreements was transferred to the Provisional Libyan Libyan Government had been vested with full authority Government by the second Proclamation on the to exercise all functions of government over the whole Transfer of Powers issued in Tripoli, Benghazi and of Libya, without any reservations from the former Sebha on 12 October 1951.'" Administering Powers which had divested themselves of all the authority they had hitherto possessed. The 9. Negotiations for these financial arrangements Constitution had been determined by the National had begun in September and were concluded in De­ Assembly and would become effective on the same cember. The Commissioner was kept informed by the day independence would be declared. The National respective parties of the progress of these negotiations. Assembly had completed its task on the day of inde­ The agreement vvith the United Kingdom, which is of pendence and, in accordance with its own deci~ions, a provisional nature, was signed in Tripoli on 13 De­ had dissolved itself. Preparations were under way for cember 1951.13 The agreement with Francr, which holding the first general elections for the House of is also provisional in character, was concluded on Representatives. The Provisional Government had 14 December 1951." More detailed reference to both been in existence for nine months. Means had been agreements is made in chapter III of the present found to meet the expenditure of the Libyan Govern­ report. ment. In accordance with the recommendations of the 10. On 15 December 1951, the British Resident in Co-ordination Committee a federal administration had Tripolitania issued Transfer of Powers (No. 3) Procla­ been set up and has started functioning. Thirty-seven mat.on No. 222 and identical Proclamations mutatis of the sixty-one officials, forming the Libyan Civil mutandis were simultaneousLy issued in Benghazi and Service, have been appointed to date'· and the remain­ Sebhp With these and the preced;ng Proclamations ing posts will be filled in the very near future. The virtually all powers were vested with the Provisional prerequisites for declaring Libya an independent and Libyan Government or the provincial administrations sovereign State had been met. with the exception of those relating to foreign affairs 16. At 10.30 a.m. on 24 December 1951, at the and defence. Manar Palace, Benghazi, His Majesty King Mohamed 11. In the early hours of 24 December 1951, the Idriss Al Mahdi Al Senussi, in the presence of the remaining group of powers, namely, the fourth and Prime Minister and members of the Provisional Libyan last group listed by the Co-ordination Committee 'O were Government, the United Nations Commissioner in transferred by the three Residents to the Provisional Libya, foreign diplomatic representatives, and notables Libyan Government, thus completing the transfer of from the three provinces, formally proclaimed that all powers to the Federal Government. Libya had become an independent sovereign State'''. 12. In Tripolitania, the British Resident enacted At the same time, His Majesty announced that the Transfer of Powers (No. 4) Proclamation No. 223, and Constitution, which had been promulg?ted by the identical Proclamations mutatis mutandis were simul­ National Assembly on 7 October 1951, came into force taneously issued in Benghazi and Sebha." The procla­ that day 21 and declared that he would rule the country mation in the Fezzan abrogated all the powers which in a truly constitutional manner in accordance with the the Government of France possessed in that territory. provisions of the Constitution. The King concluded 13. At the same time an Order in Council issued by promising the Libyan people, before God, to do his best, in the present delicate situation of the country, by His Britannic Majesty in London on 4 Decem­ to enable them to live in prosperity and to ensure that ber 1951, called "Termination of Administration Order it may take its rightful place among the free nations. in Council 1951 ", was made public in Tripolitania and Cyrenaica'8 terminating the authority of His Britannic 17. Immediately after the Royal proclamation of Majesty in the two territories. independence, the King received, in private audience, 14. In the Proclamations referred to in para­ the Primt Minister of the Provisional Government who graph 12, it was enacted that all powers which under tendered his resignation which was accepted. There­ the Libyan Constitution were to be exercised by the upon the King summoned the outgoing Prime Minis­ Federal Government of Libya or by the Provinces and ter, Mahmoud Muntasser, and entrusted him with the which were not already possessed by them were now task of forming a new Cabinet. Subsequently the tnmsferred. Prime Minister submitted to the King the list of the nc:w Ministers with their respective portfolios and 12 See O/Jiciul Records of the General Assembly, Sixth Ses- sion, Supplement No. 17, paragraphs 201 and 203. .. See O/Jicial Records of the General 4ssembly, Sixth Ses­ I'See annex IV to the present report. .Iion. Supplement No. 17. paragraph 132. The initial establish­ 1. See annex V to the present report. ment of the Federal Ministries, as revis<:d by the Provisional 1:' See annex VI to the present report. Libyan Government, consists of sixty..one officiaJ~, vf whom 10 See O/Jicial Records of the General Assembly, Sixth Se,\. twenty-seven will be specialists, with a secretarial staff of sion, Supplement No. 17, paragraph 145. forty-four. Nineteen specialists h:;.ve already been appointed. "See annex 11 to the present report. ", See annex I to the present report. 1- See annex VlI to the present report. 21 Article 201 of the Libyan Constitution.

2 the Ministers took the oath before the King. The first for by article 38 of the Libyan Constitution. All Libyan Cabinet is composed as follows: powers which by the Transitional Powers Proclamation, MAHMOUD EL MUNTASSER referred to above. had been vested in the British Prime Minister, Resident, were now to be exercised by the King. Minister of Foreign Affairs 20. In the evening of 24 December, the Prime FETHI KIKHIA Minister and Foreign Minister upon his return to Deputy Prime Minister, Tripoli, received the Commissioner, the Personal Minister of Justice and Education Representative of the Secretary-General and the MANSUR BEN QADARA Diplomatic and Consular Corps. The Prime Minister Minister of Finance and Economics and ForeiGn Minister handed the Commissioner a letter cont~ning the official notification that Libya was ALl ASSAD EL JERBI Minister of National Defence an independent and sovereign State and requesting him to inform the President of the General Assembly of the IBRAHIM BEN SHA'ABAN declaration of Libyan independence. The Prime Minister of Communications Minister and Foreign Minister also handed to the MOHAMED BEN OTHMAN Personal Representative of the Secretary-General Minister of Health Libya's application for membership in the United 18. On the same day the King issued royal decrees Nations, as well as in the Food and Agriculture appointing "Walls" or governors for the three Libyan Organization, the United Nations Educational, Scientific provinces". The Walls are: and Cultural Organization and the World Health Organization. The Prime Minister and Foreign Minis­ Province of Cyrenaica MOHAMMED SAKISLI ter and the Personal Representative of the Secretary­ Province of Tripolitania FADEL ZIKRI General signed the r,,~ic ~llld four supplementary Tech­ Province of the Fezzan AHMED BEY SElF EL NAsR nical Assistance Agreements. At the same time the Governments of the three terri­ tories were converted into Administrations, and their 21. In his letters to the President of the General principal members ceased to be designated as Ministers Assembly and to the Secretary-General, the Prime -a title which now belongs only to members of the Minister and Foreign Minister expressed the apprecia­ Federal Government--and received the designation of tion of the Governm:::nt of Libya for the action of the "Nazirs" or controllers. According to the Constitu­ United Nations in deciding on Libyan independence tion" each province is to formulate and promulgate and for the assistance which had been rendered to its own organic law within a year from the promulga­ realize Libya's aspirations. "Our thanks to the General tion of the Constitution. that is not later than Assembly", the letter to the President of the. General 6 October 1952. Assembly read, "must be directed above all to Its agent, the United Nations Commissioner in Libya, Mr. Adrian 19. In Tripolitania, on 24 December, the Council Pelt. We have come to regard him not only as OUI of Regency for Tripolltania'" issued a law which beloved friend and wise counsellor but as one who repealed the Transitional Powers Pl'Oclamation No. 219 toiled without regard for personal convenience or enacted on 5 March 1951"'. Bv that Proclamation, health for our interests. He always was our guide and the Chief Administrator, in consultation and with the trusted adviser upon whom we relied and through advice of the King-Designate, appointed a Government whom we found unfailing support on behalf of the with the powers of a Council of Regency, which would General Assembly. We wish also to express our deep remain in power until the establishment of a democratic thanks to the members of the Council for Libya who representative and permanent government of Tripoli­ thrOUGh their advice to the Commissioner did so much tania as part of the federation of Libya. The new to fo;ward the cause of Libyan independence". In his law replaced the Council of Regency by the Council letter to the Secretary-General, the Prime Minister and of Tripolitania and prescribed that the President of the Foreign Minister said: "On behalf or my Government... Council of Tripolitania and the Nazirs should be I thank you.. Jor all of the aid which the United appointed by the King. The Council was given full Nations has rendered Libya. Our thanks to you and executive and legislative powers in all matters which the faithful and competent members of your staff who had not been assigned to the Federal Government. as have worked with extraordinary zeal and skill to help well as executive powers, under the supervision of the our country during the past two years are unbounded... Federal Government, in all matters connected with I wish to express our particular thanks for the tech­ the implementation of legislation on matters provided nical assistance which has been afforded Libya. We look forward to, and materially depend upon, the con­ '" Articles 179 and 180 of the Constitution. '" Article 177 of the Constitution. tinuation and enlargement of such help in the future... ". "See Official Records c.' the General A ssemhly, Sixth Ses­ siGIl. 5:upplell1ent No. 17, paragraph 45. 22. Independence Day was celebrated throughout "" AIAC.32/CounciI/R.124. Libya as a national holiday.

3 Chapter n THE ELECTORAI-, I"A\V AND THE ORGANIZAnON OF ELECTIONS

A. THE ELECTORAL LAW which existed in more advanced countries 'vith an older democratic experience. The draft law took into 23. As mentioned in chapter T. section F of the account certain special conditions nrevailing in Lihva. Commissioner's second annual report. the Lihvan such as. for instance. the existence of nomadic tribes Constitution was adopted and promulgated by the with their own customs. National Assemhlv on 7 October lQ51"". In accord­ ance with article '204 of that Constitution. the Provi­ 27. The Commissioner. \\'hile assuring the Working sional Fcderal Government was to draw up the first Group that he had apprechted these considerations. electoral law for Parliament and submit it to the exnr'. ed the opinion that certain nrovisions of the National Assembly for approval and promulgation. this draft law might be improved. but that owing to the promulgation to take place \vithin a period not exceed­ short time available. he intended to limit his comments ing thirty days from the date of promulgation of the to the most important of these provisions. He then Constitution. that is. 7 Novemher 1951. made the folimving suggestions: 24. On 21 Ocober. the Provisional Government (a) It appeared to him that the draft electoral law submitted a draft electoral law to the National gave too much power to the Supervisor-General. the Assembly which set up a Working Group to study it Provincial Supervisors and the Registering Officers and submit a report before 1 November 1951. whose decisions were to be final. He recognized that under prevailing circumstances it was diffic~llt to nro­ 25. In the evening of 28 October 1951. the United vide for a system of judicial appeal against decisions Nations Commissioner returned from Geneva. where of Supervisors and Registering Officers. but he SUg­ he had been attending the meetings of the Council. in gcstcd that instead these officers might be assisted bv connexion ,vith consultations on his second annual ~ommittees of at least three person~s. amongst whom report. and the next morning he received a copv of there should be one or two magistrates and a notable the draft electoral law for his iC1formation and stud\'. locally known for his impartiality. To these com­ At that time the period allowed in the Constitution for mittees could be entrusted the dutv of exerci!':ing the the promulgation of the law was drawing to a close. powers granted under the draft electoral law to tIle Moreover. considering that the responsihility for pre­ Supervisor and his assistants. paration of that law and for its approval came within the competence respectively of the Provisional Govern­ (h) The Commissioner also pointed out that the ment and of the National Assemblv and that with the power given under the law to the Supervisor-General promulgation of the Constitution: his own task in to declare an election invalid did not seem to him to advising the Libyan people on constitutional matters be in conformitv with article 111 of the Constitution. had come to an end. the Commissioner decided to limit which provided 'that the House of Representatives was himself to presenting a few personal comments con­ itself to decide upon the validity of the election of its cerning certain provisions of the draft law. but not to members. He therefore suggested that this section of submit any formal advice. He therefore invitcd the the draft law should be deleted. Working Group of the National Assembly to have an informal meeting with him on 31 October 1951. At (c) The Commissioner further pointed out that thc that time. the Working Group had just finished its draft electoral law made certain distinctions between study of the draft law and was about to submit its the electoral procedure to be applied in rural and urban report to the National Assembly. districts and that he would prefer to see whenevcr possible, the same plocedure adopted in both kinds of 26. The Chairman of the Working Group pointed districts. If such similarity were found impracticable out that the Provisional Government. in drafting the he suggested that the National Assembly should at least first electoral law of the country which. in the light of endeavour to amend the text of the law in such a wa\, subsequent experience. might be modified, had borne as to allow each member of a tribe the right to present in mind that Libya did not yet possess any traditions his candidature in the same way as had 'been provided in the field of elections and that therefore it had not for in urban districts, without granting the tribal chiefs appeared feasible to propose a law as perfect as those thc power to intervene.

",' See Official Rccords of the General Assembly. Sixth Ses­ Cd) The Commissioner expressed the view that the siol1. S,,['['lc/17cI11 ./\,'0. /7. paragraphs 106 and 108. amount of fifty Libyan pounds which each candidatc

4 I

was required to deposit might prove somewhat 3 I. The Constitution prescribes that the first elec­ llT excessive • tions to the House of Representatives must take place 28. After a detailed discussion of these various within a period not exceeding three and a half months suggestions the Working Group assured the Commis­ from the date of the promulgation of the Electoral sioner that in drawing up their report to the Nation:..l Law.'" This period expires on 20 February 1952. Assembly they would take his suggestions as much as According to the arrangements made by the Provisional possible into account. Libyan Government shortly after the promulgation of the Electoral Law and which we communicated to the 29. The report of the Working Group was discussed Commissioner for his information, polling day has been by the National Assembly in a series of meetings which scheduled for Tuesday, 19 February 1952. The decla­ took place between 1 and 6 November 1951. On ration of the results will be made on the following day, 6 November, at its forty-second and last meeting, the and the first Libyan Parliament will be convened not National Assembly adopted the law and instmcted its lJ1 later than 11 March I952 • President to promulgate it. On 12 November, the President of the National Assembly officially notified B. THE ORGANIZATION OF El ECTIONS the Commissioner that the Electoral Law had been promulgated"". 32. The programme for the elections scheduled for 19 February 1952, planned by the Provisional Govern­ 30. The Electoral Law as adopted is, broadly ment in accordance with the Electoral Law, has been speaking, similar to the draft submh~ed by the Provi­ divided into five stages: preliminary arrangements, sional Government. However, a few important amend­ registration of electors, issue of writs and nomination ments were introduced, mainly based on the Commis­ of candidates, uncontested elections and contested elec­ sioner's suggestions, such as the establishment of tions. At this writing, only part of this programme committees competent to take certain final decisions has been implemented; the Commissioner was infor­ originally entrusted to the Supervisors. Certain improve­ med that it is the Government's intention to put the ments were also introduced with regard to the electoral remaining measures into effect between 24 December procedure in mral districts, granting each member of 1951 and 19 February 1952. a tribe the right to present his own candidature without the intervention of the tribal chiefs. With regard to the 33. From the nine electoral notices which have Supervisor-GeneraI's power to invalidate an election, been issued up to date, the following organization the National Assembly, on the proposal of the Working appears: Group, interpreted this power as meaning that it could only be exercised during the electoral period. Once First stage: preliminary arrangements this period closed, article 111 of the Constitution would 34. The first operation in establishing the electoral apply in its entirety. A special section of the Electoral machinery has been the division of three provinces of Law provides for petitions protesting against the vali­ Libya into Urban and Rural Electoral Districts. The dity of elections which must be submitted to the Presi­ districts have been divided into constituencies or tribal dent of the House of Representatives within ten days units, and the constituencies, in turn, have been divided from the date that the House convenes"'. into polling districts. each of which has a polling station"". '" The representatives of ERYPt. Pakistan and Tripolitania requested the insertion of the following footnote .- 35. On 26 Nove-nber 1951, the Minister of Justice "The representatives of Egypt, Pakistan and Tripolitania, of the Federal Government, in accordance with sections during the consultations on this report at Geneva, urged the Commissioner to convey, in an appropriate form, to the 8 and 54 of the Electoral Law, issued Electoral Notice Government of Libya. their views that the present Electoral No. I, specifying the names and boundaries of the Law suffered from two serious defects which should be electoral districts, constituencies and polling districts, removed. assigning at the same time distinguishing letters and "Firstly, it permitted persons convicted of most heinous offences such as murder. dacoity, robbery and rape to numbers to constituencies and polling staticns. become members of the Parliament, and "Secondly, the arrangements for preventing tampering 36. There are three Urban Electoral Districts: one with ballot boxes. after the voting was over, were most unsa­ in the province of Tripolitania and two in the provincf' tisfactory. of Cyrenaica. They comprise the municipal areas of "As :he Commissioner did not accept this request, the the towns of Tripoli, Benghazi and Derna. No urban above representatives wish to draw the attention of tbe Gene­ ral Assembly to these defects in the Electoral Law". district has been established in the province of the The representatives of Cyrenaica, the Fe::.zan, France, Italy, Fezzan. the United Kingdom and the United States of A merica reques­ ted the addition of the following fnotnote .- 37. There are seven Rural Electoral Districts: "The representatives of Cyrenaica. the Fezzan, France, three in the province of Tripolitania, three in the pro­ Italy, the United Kingdom and the United States of Ame· vince of Cyrenaica and one in the province of the rica, have the utmost confidence that the Libyan Govern­ ment will, by due process of Libyan law, take any actioD Fezzan. it may deem desirable in the premises in order to ensure free elections in Libya." '" Article 205 of the Constitution. '" See annex VIII to the present report. ltl Article 211 of the Constitution. -'" Section 63 of the Electoral Law. "" Sections 7 and 8 of the Electoral Law.

5 3R. The ten Urban and Rural Districts have been mentioned numbcr of inhabitants'''. This is in accor­ divided into fifty-five constituencies corresponding to dance with article 101 of the Constitution which pro­ the number of the members of the House of Represen­ vides that the number of deputies in any of tutives-thirty-five for the province the three of Tripolitania, provinces shall not be less than five. fifteen for the province of Cyrenaica and five for the a province of the Fezzan ,. The constituencies have been 39. The fiftv-five constituencies have heen sub­ determined on the basis of one constituency containing, divided into 226' poIling stations. The following table, as near as may he, 20,000 inhabitants. In the province drawn from Electoral Noticl' No. I, gives the number of the Fczzan, however, the five constituencies have of the electoral districts, constituencics and polling been determined without such regard to the above- stations into which Lihya has been divided: Province F.lectnral District Numhcr of constituencies Polling staTions Tripolitania Tripoli (urban) 5 13 Western (rural) 11 3~ Fastern (rural) D 10 CentraI (rural) 4 fl 15 C\Tenaica ::'7 10~ Benghazi (urban) 3 6 Derna (urhan) 1 Benf'hazi ~ (rural) 5 26 Jehel (ruraI) 4 14 Derna (rural) ~ 15 Fenan 14 6~ Fezzan (rural) 5 5 6::' 6~ TOTlT 10 55 2211 40. Having divided Lihva. for purnoses of voting. a week from 17 December. that is. hv 24 December. the into electoral districts. constituencies :md polling sta­ Re.gistering Officers of the Urb;ln Electoral Districts tions. the federal Minister of Justice""-appointed had a to prepare electoral registf'rs for each polling district. Suoen'isor-General of the Elections (Electoral Notice The registers were to include the names of everv eligible No. 6 of 12 December 1<)51). In Electorn1 Notice person normal1v resident in his no1!ing area who had No. 2 of 26 Novemher 1<)51. the federn1 Ministf'r nf annlied for registration. Thf' Registration Officer. Justice also apnointed thf' officials to nerform the duties however. could also include in the register the name of of Returning Officers in Trinolitania and of Rpgistering anv nerson who anneared to him to be qualified for Officers for C'vrenaica and Tripolitania. The Returning registration in his ro11ing area. even if such person Officers in C'vrenaica and the Fezzan had and the Regis­ failed to annlv. and would make such tering Officers in the Fezzan enqliiries as he were appointed a little might think fit for that purpose"". later. On 19 December. the Supervisor-General of Elections issued Electoral Notice· No. 9 annointing; 42. SimilarlY. in the seven Rural Electoral Districts. all Registering assistants to the Provincial Supervisors of Elections in Officers commenced on 26 November 1951 to the nrovinces of Trirolitania and Cvrenaica. Al1 these draw UD lists of al1 male members normany resident in officials are Lihvans. There is a Returning Officer for their polling districts who were eligible to constituen~v vote. The each and a Registering Officer for each Registering Officers might make such enqui­ ries as they polling station. No pollin,!! district ~ontaim more than might think fit for that purpose

6 , published, and that if any person was in doubt as to they will require proof of the qualifications of the the whereabouts and identity of his local Registering person in regard to whom objections have been made. Officer, he should apply for the necessary information This procedure regarding objections will apply to to the Mutassarif or Municipality. voters in both Urban and Rural Electoral Districts; 44. In spite of this reminder, the number of per­ in the latter, however, objections will not be needed in writing as in the case of objections in Urban Districts'·. sons who had applied for registration in the electoral The decision on objections will be made by committees rolls within the allotted time appears to have lagged appointed by the federal Minister of Justice and con­ behind expectation. Hence, on 18 December, the sisting, in every case, of the Registering Officer, a judg", federal Minister of JLlstice found it necessary to extend and one notable of the district. In the event of dis­ the period for registration in all Urbaa and Rural agreement between members of the committee, the Electoral Districts by one week, that is, until 23 Decem­ opinion of the majority will prevail ". All decisions ber (Electoral Notice No. 8). The Commissioner, on objections should be complded by 14 January 1952. however, was informed that this extension of time for registration would not affect the pre-arranged time­ Third stage: issue of writs and nomination of table, either for the nomination of candidates or for candidates the polling of votes. 48. After the formation of the new Government, 45. As stated in paragraph 41, t]le electoral regis­ the Minister of Justice will issue writs of elections ter fur each polling district should have been completed through the Supervisor-General. The latter will by 24 December. By Electoral Notice No. 8, referred transmit them to all Returning Officers in both the to in the preceding paragraph, this period was extended Urban and Rural Districts through the Provincial by onc week, that is, until 30 December. The Regis­ Supervisors. The writs" will require Returning Officers, tering Officer is required to certify that the registers of after nomination of candidates. to cause elections to electors in Urban and Rural Electoral Districts are, to be made in accordance with the Electoral Law. The the best of his knowledge and belief, a true and correct distribution of writs throughout Libya is to be com­ Register of Electors'". In Urban Electoral Districts, pleted by 14 January 1952. the Registering Officer is required'" to exhibit the 49. On 15 January 1952, the Returning Officers register, or a copy of it, in one or more government in Urban Electoral Districts will be instructed to L've oflices in his district. At the same time, by means of information of the writs issued in their respectIve a public notice to be posted in a conspicuous place on districts by means of a notice posted up in a con­ government offices, etc., the Registering Officer must spicuous place in government buildings and will likewise give notice that the registers are open for inspection give notice of the day and place of nomination of and that any person whose name appears in the register candidates'·. On the same day, the Returning Officers may object to the inclusion of his own name or the in Rural Electoral Districts, assisted, if necessary, by name of any other person. Any person whose name the Registering Officers, will explain the contents of the has been omitted from the register after he has submit­ writs, including the date, time and place of nomination ted an application may also request that his name be and election of candidates, to the tribal chiefs and entered in the register". In Rural Electoral Districts, sub-chiefs, who in turn will explain the same to the the decision as to whether a member of a district is tribesmen''''. qualified to vote and should therefore be included in the list of voters rests in the first instance with the 50. Nomination day in all Districts is to be respective Registering Officers". 29 January 1952. Each candidate in an urban area will be nominated by means of a nomination paper to 46. All the operations described in paragraphs 34 be supplied by the Returning 01T:icer on application to 45 had been enacted by 24 December 1951, the day between 15 and 29 January. The nomination paper"' of the declaration of independence. The operations must be signed by a propos:r and a seconder and by referred to in the following paragraphs are still to be at least four other persons, \vhuse names must appear put into effect. The information contained therein is in the register of electors for the constituency for which not official in nature and certain details may therefore the candidate seeks election. The candidate must be subject to change. The Commissioner, however, endorse the nomination paper and complete and deliver is including it in his report in order to give as complete to the Returning Officer a declaration'" showing that a picture as possible of the electoral operations both he possesses the qualification required for election as executed and planned. a member of the House of Representatives. This pro­ 47. The objections to voters referred to in para­ cedure will apply both in Urban and Rural Electoral graph 45 are to be made in the two weeks between Districts, except that, in the latter, nomination papers 30 December 1951 and 12 January 1952. Registering Officers will call upon objectors to provide proof of '" Sections 15, 16 (I) and (2), and 57 of the Electoral Law. 17 Sections 16 (4) and (5) and 57 of the Electoral Law. the grounds of the objection. If such proof is given, "Schedule No. 2 of the Electoral Law. '" Sections 17 and 57 of the Electoral Law. 4U Section 22 of the Electoral Law. '" Section 14 of the Electoral Law. l\O Section 56 of the Electoral Law. "Section 14 of the Electoral Law. '" Schedule No. 3 of the Electoral Law. "Section 55 (4) of the Electoral Law. :" Schedule No. 4 of the Electoral Law.

7 and the written Declarations need not be completed""'. right voluntarily to withdraw his candidature within 51. The proceedings on nomination day in both five days from mid-day on nomination day by notifying Ur!Jan and Rural Districts will be identical. The the appropriate Returning Officer to this effect, provi­ Returning Officer, having previously given notil:e of ded that, in constituencies where an election is uncon­ the time and place at which nomination papers may be tested, no candidate elected to the House of Repre­ sentatives has the right to withdraw his candidature delivered to him, will attend at that time and place to lIO receive nomination papers and declarations. Nomina­ thereafter. This means in effect, that in Urban tion papers \vhich arc not delivered at the prescribed Electoral Districts, a candidate could voluntarily time and place, either by the candidate or by his pro­ withdraw his candidature up to 1300 hours on poser and seconder, will be deemed to be null and 29 January, and, in Rural Electoral Districts, up void.'" It is anticipated that these proceedings will be to 1200 hours on 3 February. completed by noon of 29 January. Fourth st~ge: uncontested elections 52. In both Urban and Rural Districts, candidates 56. The conduct of uncontested elections, in both or some person on their hehalf will deposit with the Urban and Rural Electoral Districts, will be similar. Returning Olllcer, before midday of 29 January, a If, after all objections have been decided by the Re­ deposit equal to fifty Libyan pounds. In default of turning Officer's committee,'" no more candidates stand such deposit the candidate will be deemed to have nominated than there are vacancies to be filled, the \vithdrawn his candidature. If the candidate is not Rcturning Officer will forthwith declare the nominated subsequently elected and the nurlber of votes polled candidate to be duly elected as member of the House by him does not exceed one-eighth of the total number of Representatives. In the Urban Electoral Districts. of votes polled in his constituency, the amount depo­ th~ Returning Officer will submit to the Supervisor­ sited will be forfeited." General the names of members so electcd for publi­ cation."l In the Rural Electoral Districts, no such 53. In Urban Electoral Districts, objection to any return will be required from the Returning Officer to nomination of a candidate in a constituency may be the Supervisor-General."" The results of uncontested made by a person registered as a voter in that consti­ elections will be made public on 29 January or as soon tuency on all or any of the grounds set forth in as possible thereafter. section 29 of the Electoral Law, provided the objection is made to the Returning Ofticer within forty-eight hours Fifth stage: contested elections from mid-day of nomination day, that is, not later 57. The conduct of contested elections in Urban than mid-day of 31 January. Objections must be in Electoral Districts, both in the stages prior to voting writing and must specify the ground of objection; if and in the procedure for voting, will differ from that the objector is illiterate, it must bear his thumb print in Rural Electoral Districts. and the signature of two witnesses.:'; In Rural Electoral Districts, the same procedure will apply. except that 58. If in any constituency in Urban and Rural the objections need not be in writing:' Electoral Districts there will be more candidates nomi­ nated on 29 January than there are vacancies to be 54. Decisions on objections to nominations, in both filled, the Returning Officer of that polling district Urban and Rural Electoral Districts will have to be will forthwith take the re('Uired steps to enable an madc between 29 and 31 January. or as soon as possi­ election to be held in aCCl> .:nce with the provision ble thereafter. The decision will be made by of the Electoral Law and may allot to each candidate committees appointed by the federal Minister of Justice, a symbol approved by the Supervisor-General. Im­ consisting in every case, of the Returning Officer, a mediately after objections have been decided,"" Re­ judge and one notable of the district. In the event turning Officers will report to the Supervisor-General, of disagreement between members of the committee, the through the Provincial Supervisors, that the election opinion of the majority will prevail. The decision of will be contested, stating the symbol, if any, allotted to the committee allowing or disallowing the objection will p-ach candidate and the situation of each polling 6S be final and without appeal. station. The Supervisor-General and the Provincial 55. In Urban Electoral Districts, a candidate will Supervisors will thereupon, by any means at their have the right, before one o'clock in the afternoon of disposal (e.g., newspapers, notice on public buildings. nomination day, but not later, voluntarily to withdraw etc.), publish notices specifying the constituencies in his candidature by giving written notice to the Re­ which elections will be contested, the date of the po!!, turning Officer. The latter will post the notice of such the names of candidates with their symbols and the \l,ithdrawal in a conspicuous place outside his office. situation of polling stations. Should a duly nominated In Rural Electoral Districts, a candidate will have the candidate die before an election could be held, the Supervisor-General will cause the election in that '" Sections ~3 and 57 of the Electoral Law. ,.. Sections 24 and 25 of the Electoral Law. ,." Sections 31 and 58 of the Electoral l.aw.

;0.:; Sections 25. 27 and 57 of the Electoral Law. C See p:lragraph 54 above. '~Section 29 of the Electoral Law. ,a Schedule No. 5 of the Electo~'al Law. "Section 57 of the Electoral Law. "Sections 32 and 59 of the Electonll Law. ,. Sections 30 and 57 of the Elec,,;~~1 Law. .., See paragraph 54 above.

8 constituency to be postponed in accordance with the invalid. No one can cast a vote on behalf provisions of the Electoral Law."' of another voter on any pretext whatever. fa 59. Each Returning Officer in Urban Electoral 61. In Rural Electoral Districts, the Districts will have the right Returning with the approval of the Officer is required to furnish each Registering Supervisor-General, to Officer appoint one or more persons, in his constituency with a list containing known as Presiding Officers, the names whose duty will be to of the candidates nominated. On 19 February, preside at each polling station the and to ensure that all Registering Officer will. with the help, if necessary, proper arrangements are of made for (he conduct of the the chiefs and sub-chiefs of the tribe poll. The Presiding concerned, call Officer will be supplied with the together the electors whose names register of the are In his register electors assigned to his polling station. and will enquire from each He of them in turn, in the will be assisted in his duties by the Registering presence of the committee l15 assigned to him, for whom Officer and his committee to supervise proceedings they wish to vote. He will then in the presence in the polling station on election of day."" The precise the above-mentioned committee, write down the name duties of Presiding Officers are described in sections 35 of the candidate selected opposite the name of the and 36 of the EI~ctoral Law. Returning Officers may elector in question in the register, and such entry act themselves as Presiding Officers.'" will be deemed to be a duly recorded vote as though the tribesman 60. Polling in Urban Electoral Districts is sche­ had completed a ballot paper.7< The polling duled to take place on Tuesday, 19 February 1952, in the rural districts will take place between hours between hours to be specified by the Supervisor­ to be specified by the Supervisor-General. No votes General. Polling stations will remain open for twelve will be recorded after the hour fixed for the closing hours. Voting will be by secret ballot by means of of the poll"· a voting token which will be issued direct to the voter 62. In the Fezzan Rural District, owing in the polling station to the fact by the person in charge. It will that most polling districts have only not be identifiable few electors, it is by individual mark nor will it be contemplated to group some of the signed or marked districts for polling by the voter.'''' Before a voting purposes, and the voting would token is issued be conducted in the to a voter, his name will be checked districts thus grouped at with the certain specified hours on electoral roll; and a mark will be made in 19 February. Thus, the for instance, if five polling dis­ register against the name of every voter to whom tricts are grouped 611 tog-:ther, the Registering Officer would a voting token is issued. In the voting room of each first go to Distil..;t A, where he would conduct the polling station there will be placed a number of ballot election between 7 and 8 a.m. ; he would then proceed boxes equal to the number of candidates. The name to District B, where he would similarly conduct the elec­ of one of the cand' jates, together with such other tion between 9 and 10 a.m.; and so on, in such a mark of identification as the Returning Officer will manner that all five districts would have voted on the think fit, will be prominently displayed on each ballot same day but at different hours. Electors would receive box.'o Immediately before the opening of the poll, the prior notice of the time of voting in their respective Presiding Officer will satisfy himself, in the presence districts. of the committee assigned tQ his polling station," that 63. the ballot boxes are empty. He will then lock them In both Urban and Rural Electoral Districts, after and place his seal in such a manner as to prevent them the closing of the poll, all unused and spoiled voting being opened without breaking the seal, but allowing tokens, the register of electors and other docu­ ments, apertures open for the receipt of votes." After he and, in urban areas, the sealed ballot boxes, will will have received his voting token and the voting be placed in a place of safety for the night by the procedure has been explained to him, the voter will Presiding Officer in the presence of his committee.'· enter the voting area alone and cast his vote by 64. In both Urban and Rural Electoral Districts, dropping his voting token into the ballot box of the the counting of votes is scheduled to take place on candidate he favours. No voting token will be delivered 20 February and the declaration of the result of the to a voter after the hour fixed for the closing of the poll will be made the following day. The Returning poll; but if at that hour there is in the polling station Officer, the Registering Officers and the Presiding Offi­ any voter to whom a voting token has been delivered, cers, together with their respective committees, will such voter will be allowed to record his vote. Any assemble at such time and place as prescribed by vote which is not recorded the exactly as required WIll be Returning Officer, bringing with tilem under guard, their registers, documents and, in urban areas, their sealed ballot ,,' Section 33 of the Electoral Law. boxes. In urban areas, the Returning ,;c'See paragraph 54 above. Oftlcer will open each ballot box, place the voting "" Section 34 of the Electoral Law. tokens in one heap and then proceed to count the votes. ," Section 34 (2) of the Electoral Law. The Returning Officer will take such steps as he may ,:, Section 39 of the Electoral Law. CI'Section 41 of the Electoral Law. 7H Sections 42, 44 and 46 (l) of the Electoral Law. '0 Section 43 (I) of the Electoral Law. .. Section 60 (1) of the Electoral Law. "See paragraph 59 above. " Section 61 of the Electoral Law. "Section 43 (2) of the Electoral Law. ,. Section 46 (2) and 61 of the Electoral Law.

9 consider necessary to check the number of voting made by lots in the presence of the Returning Officer tokens in the ballot boxes against either the number and his committee in such manner as they will l)f used voting tokens or the number of voting tokens determine.'" iSSlll'd in each polling station. The counting will be 67. The Returning Officer will then declare the carried out under the supervision of the Returning candidate to whom the greatest number of votes has Otlker. in the presence of the committee, the candidates been given to be elected and will, as soon as may be or their representatives, and such other persons as the thereafter, inform the Supervisor-General who will Registering Otllcer may permit. In the rural areas the publish the name of the elected members.'" cl'llllting of H)tl'S will be made in the presence of the chiefs l)r thl' sub-chiefs of the tribe concerned. Each 68. After the declaration of the result of the elec­ candidat<: has the right to appoint onc agent to attend tion, the Returning 0111 -"r will seal up the ba!lot papers tl1L' cl)unting of votes. In urban areas, the Returning and all other documents, excepting the electoral rolls, Otlkl'r \\ ill mark as rejected any \'oting wken which and will retain them for six months, after which period his committee has found to be ill\'alid. that is, if it he will destroy them, unless otherwise directed by the was lwt prl)perly authenticated or in any way irre­ Supervisor-General." gular.;; 69. If during the elections and before the counting 6). Slll)uld the candidate or his agent ask for a of votes, any discrepancy or irregularity would occur recount of the votes, the votes cast will be counted which might. in the opinion of the Returning OtTicer again bdl)re the Returning Omcer declares the result and his committee, have afTccted the result, they will of the electil)n.~ ~ enquire into the matter and send a full report to the Supervisor-General. The latter will decide \\'1ether ()(). If the number of votes cast between any of the the election will stand or whether a fresh election will candidates will be found to be equal and the addition be held. The decision of the Supervisor-General in of onc Vl)te would entitle any of the candidates to be this matter will be final.'" declared ekcted, the determination of the candidate to whom l)ne additional vote should be given will be ," Sections 50 and 61 of the Electoral Law. "" Sections 51 and 60 (2) of the Electoral Law. ~ Sc\:tions 46,47.48. 5t. 60 (b) and 6t of thc Electoral Law. S! Scctions 52 an,j 6 I of the Electoral Law. '" StxtiOllS 49 llnd 6t of thc Elcctornl Law. "" Section 62 of the Electoral Law.

10 Chapter ill fECHNICAL ASSISTANCE TO LIBYA UNDER THE UNITED NATIONS EXPANDED PROGRAMME OF TECHNICAL ASSISTANCE AND RELATED MONETARY FINANCIAL MATTERS

A. Am TO LIBYA UNDER THE UNITED NATIONS 72. In addition to numerous consultations Wlth the Exp ANDED PROGRAMME OF TECHNICAL ASSISTANCE _visional Libyan Government and officials of the Pederal and 70. During the period under review, the technical provincial administrations, the Chief Eco­ nomist and assistance experts of the United Nations and the his experts held many meetings with a series spe­ of working cialized agencies continued tit~ir work along the lines groups, organized with the agreement of the Provisional already described in the second annual report.53 Libyan Government, and consisting of officials of Twenty-six experts were engaged in assisting the Chief that Government and private citizens with ECOl~omist practical experien~e of the Technical Assistance Mission in pre­ in the fields of commerce, indus­ tly, agriculture, paring recommendations to be made to the Libyan and public administration. These working giOups Government for a plan Of the country's economic and gave the experts a further opportunity to check social development. These experts, furnished by their findings and to secure the views of the Libyans United Nations. t.he International Labour Organis'ltion, regarding their needs and desires in the field of economic the Food and Agriculture Organization, the United and social development. At the same time, the:' Nations Educational, Scientific and Cultural Organi­ meetings furnished a number of leading ~ation Libyans with and the World Health Organization, prepared a an opportunity to obtain an insight into the work of number of reports which are now under review by the experts.'" their respective agencies. The chief findings and recommendations of these reports SI The representatil'es of Egypt and Pakistan requesLd the will be incorporated insertion of the following footnote.' in the recommendations of the Chief Economist. His "The representatives of Egypt and Pakistan requested report is expected to be complet~d the in draft form in the Commissioner during the consultation on this report at first week of January, after which it will be reviewed Geneva, to give a full and complete picture to the General by the organizations participating in the programme. Assembly of the manner in which the technical experts of Although the United Nations performed their work in Libya. The the recommendations contained in this report Commissioner are did not accept this request. not yet in final form, it appears likely that it will "The representatives reminded be the Commissioner that, suggested to the Libyan Government that it should from the earliest start of the work of the Council in 1950, request. from the United Nations and the specialized they and their colleagues had done everything possible to agencies. approximately forty-t:ight emphasize to the Commissioner and the Secretary-General teachers as well the importance of Libya's being as sixty-six experts and technicians given all possible assistance to assist it in carry­ in the economic field. At the instance of the delegation of ing out an economic and social development plan, and Pakistan, the Council unanimously passed two resolutions, assist it in organizing its administrative services i:l and later, by a majority vote, a third resolution whereby the order most effectively Council set up two sub-committees of the Council to examine to conduct its affairs and carry the out its economic economic requirements of Libya, to catalogue thesf: in and social development programme. the order of priority and to suggest It is to the appropriate autho­ expected that recommendations for a United rities ways and means for financing the schemes recommen­ Nations-specialized agency programme of technical ded to the Libyan Government by the technical experts who might visit assistance to Libya along these lines will be submitted Libya. to the January "In spite of the fact that on the Council there sit four meeting of the Technical Assistance representatives of Libya, Board. all of whom were members of the sub-eommittee charged with recommending the investigation of urgent 71. With the completion and pressing requirements of Libya, the ,- echnical of the reports in progress, Assistance Organization of ,l,;: technical assistance 0uited Nations which dealt for Libya will now leave the phase with this problem, avoided, for some re"son, in a determined of surveying and initial planning and will enter a new manner, either consulting the Council as a whole, or discus­ sing phase, with emphasis on training and teacLng Libyans with any sub-committee of the Council, what the experts intended to r~ommend. at home and abroad (as already do, or proposed to The represen­ begun in the two tative of Pakistan and some others UNESCO-aided training centres tried their best to referred to below), of remeJy this state of affairs, but were informed by the direct aid by field workers in agriculture, experimental Commissioner that he could do nothing as the technical and demonstration work, and similar activities. assistance programme was under the Technical Assistance Board, and experts vi;iting Libya and the staff working there were independer:t of the Commissioner. 88 See Official Records of the General A:;~embly, Sixth "It is a matter of great regret that not only Session, Supplement No. 17, chapter IV. very impor­ tant problems such as the Libyan curren-;y and the general 11 73. As indicated in the previous report, the studies and Technical Training Centre whose staff is provided of the experts have necessarily had to be carried out by UNESCO.'" under a very pressing time-table A number of sub­ 75. The above-mentioned Centre has continued to jects, particularly in the field of agriculture and sub­ operate under a UNESCO Director, with a staff furn­ soil survey. which required more exhaustive investi­ ished by UNESCO which has now increased to sixteen gation and experimentation in these fields will have to teachers. The organization has also furnished a Dir­ be studied in more detail during the forthcoming year. ector and seven experts and teachers for the Educa­ H'1wever. it may be expected that the e..:unomic and tional Training and Production Centre, for the training social development plan to be recommended to the of teachers at a centre in Tripoli.'" Libyan Government will provide that Government as wdl as the two Development Agencies. with a practi­ 76. The Food and Agriculture Organization has cable and comprehensive series of targets. agreed to furnish a staff of approximately nine scientists fo" the Sidi Mesri Agricultural Research Station in 74. Close liaison has been maintained by the tech­ Tripolitania as a national agricultural research centre.... nical assistance experts with the Libyan-American This matter is under consideration by the Libyan Technical Assistance Service established by an agree­ Government which has already informally indicated its ment bet\veen the Provisional Libyan Government and desire tu request such assistance. the United States of America to provide aid under the Mutua! Security Programme of the United States, more 77. A World Health Organization expert visited familiarlv known as tpe Point Four Programme. The Libya in early December and in co-operation with the Libym~ administ'i-ative and planning staff of that organization Provisional Government, elaborated a detailed arrived in Libya in mid- and late November, and has plan for a BCG (anti-tuberculosis) vaccination pro­ made clear its intention to avoid duplication of studies gramme covering the whole of Libya which had pre­ already car:ied out by the United Nations and the viously been agreed upon by UNICEF and WHO at specialized :J.gencies. The preliminary studies of the the request of the Administering Powers.'" The Libyan United N:ltions experts have been made available to Government having already informally indicated its those officials and in a number of fields agreement has desire for such aid, it may be expected that a pro­ been reached between them and the Libyan Govern­ gramme of this nature will be undertaken in mid- or ment as to recom:TIendations for a division of pro­ late 1952. gramme and function. An example of co-operation 78. Forty-two fellowships and scholarships have between the two programmes was afforded by the pre­ been granted to Libyans by the United Nations and sentation of a substantial amount of instructional shop specialized agencies. Applications have been received equipment to the Libyan Government by the Libyan­ for thirty-five additional fellowships and scholarships American Technical Assistance Service for the Clerical and are now being processed by the agencies involved. 79. On 27 November 1951, the Provisional Libyan plan for the economic uplift of the country were not Government requested that the Secretary-General of discussed in the Council before being acted upon. but technical experts in large numbers visited Libya to investigate the United Nations, as Chairman of the Technic:>l schemes which were manifestly unrealistic for Libya in its Assistance Board, be informed that, upon the attain­ present state. Even now there is great danger of ()nited ment of Libyan independence, the Government inten­ Nations funds being utilized in a manner that might savour ded to request the appointment of a Resident Technical of extravagance. On every occasion when the Commissioner put up before the Council any memorandum cO!1taining Assistance Representative and the continuation of the information about the work of one or another of the tech­ assistance already being rendered to Libya under the nical experts, the Council gave valuable views on the subject United Nations expanded programme of technical assis- but unfortunately, in every single case, the Council was faced either with facts accomplished or with nbsolutely regarding the facts of the Libyan economy and the best incomplete information. means of improving it. "This state of affairs is brought to the notice of the "The Council received five progress reports on the tech­ General Assembly to enable it to decide about the future nical a~sistance programme in Libya, tWO progress reports technical assistance through the United Nations after on the discussions on Libyan monetary and related matters knowing all the facts". as well as progress reports on the transfer of powers plan The Commissioner adds the following footnote: as it developed. The Council records indicate clearly thRt the Council did not wish to enter into the details of these "The experts who came to Libya under the United Nations matters. expanded technical assistance programme operated under the "On the three occasions when one of the above-mentioned directives laid down under the Economic anc!. Social Council sub-committees convened, the experts in Libya attended the resolution 222 (IX) subsequently approved by the General Th,~,e meetings and entered into the discussions. Assembly in resolution 304 (IV). rules provide, "The Commissioner knows of no investigation of inter alia, that technical assistance shaH '. not be a means of "schemes ... manifestly unrealistic for Libya" nor of any foreign economic and political interference in the internal "extravagance" in the use of United Nations funds". affairs of the country concerned and not be accompanied by any considerations of a political nature". Under these '" See Official Records of the General Assembly, Sixth circumstances it would have been most improper for the Session, SUfplement No. 17, paragraph 256. experts to have acceptE _ directives from either Commissioner '" Ibid., paragrRph 256. or Council, both of whom were essentially political organs. 87 Ibid., paragraph 258. The experts always welcomed infol mation from and the ""See Official Records of the Genera! Asstm,~ly, Sixth Session. views of all persons, including members of the Council, Supplement No. 17, paragraph 259.

12 tance. This tentative request having been approved in tions for the economic and social development principle by the Technical plan for Assistance Board at its Libya referred to above and provides December meeting, negotiations for the continua­ were undertaken with tion of the services of a number of experts the Provisional Libyan for periods Government which resulted in OL three months to one year. Some the preparation of a of these experts draft basic agreement and four require additional time to complete supplementary agreements. their studies owing These agreements were to delays in recruitment, while others, signed on Libyan Independep~e such as those Day, 24 Decem­ in the fields of public health administration, ber 1951, by the fiscal policy Prime Minister and Minister of and public administration, will Foreign Affairs, be available to assist the Mahmoud Muntasser, and the Per­ Libyan Government in sonal Representative the further organization and of the Secretary-General, Mr. improvement of its new administration. Thomas F. Power, Jr. Thus, there was no interruption 83. Supplementary in the rendering of technical assistance to Libya, des­ Agreements Nos. 3 and 4 pro­ vide for the pite the fact that that State has not yet been admitted continuation of assistance by UNESCO to the above-mentioned to the United Nations or to any of the specialized Clerical and Technical Train­ ing Centre and agencies. This exceptional action had previously been the Educational Training and Produc­ tion Centre. authorized by General Assembly resolution 398 It is provided, however, that it may be CV) agreed upon and resolution 401 (XI) of the Economic and Social between UNESCO and ILO that, in 1952, the former Centre Council, as well as by the action of 'i'AB. At the time will become an ILO project. of the signature of these agreements, the Prime Minis­ 84. It may be expected that the Libyan Govern­ ter of the Libyan Government wrote to the Secretary­ ment will request substantial additional assistance on General expressing the deep appreciation of the Libyan the basis of the recommendations now being formu­ people to TAB for the assistance which they had already lated for the country's economic and social received. develop­ ment. In anticipation of such a request, TAB has already 80. The Basic Agreement for Technical Assistance made t.1}e necessary provision for the staff and facilities which provides that the organizations represented on the Tech­ will be required for the support of such a mission. nical Assistance Board will bear the major share of In effect, it has provided that certain of the staff the local costs for technical assistance, as had been and the physical facilities which had been the assembled case during the second half of 1951. Such costs for the use of the United Nations Mission in Libya will ~lansferred include the payment not only of the salaries, but also be to a technical assistance mission. of the living allowances, tray_:, office expenses and secretariat staff r:-.quired for the rendering of technical B. FINANCING assistance. The Libyan Government assumed the obli­ OF LIBYAN ECONOMIC AND SOCIAL gation to provide office accommodations and to meet DEVELOPMENT the costs of ollicial communications and medical 85. As stated in the second annual report, the expenses of the experts. This unusual ~nd generous recommendations resulting from the series of experts provision was made necessary by the fact that the meetings convened to formulate suggestions for Libyan Libyan Government will face, at the outset of indepen­ institutions for economic developm~nt and stabilization dence, a budgetary deficit of approximately £2,000,000 were transmitted to the Provisional Libyan Government for 1952 and that if it were required to bear the local by the Commissioner." costs for technit;al assistance, it would either have had to increase this deficit or forego the afore-mentioned 86. These recommendations, having been examined indispensable aid. by the Provisional Libyan Government, were enacted into law, without substantial alteratior., on 20 Decem­ 81. Supplementary Agreement No. 1, providing ber 1951. The Acting Prime Minister of the Provi­ for the appointment of Re~.ident a Technical Assis­ sional Libyan Government informed the Commissioner talil:e Representative, assigns to that official not only of this action and requested his good offices to inform the normal duties in connexion with co-ordination and the Governments of the six States represented on liaison in the rendering of the technical assistance, but also Council for Libya that these laws had been provides that he shall enacted be available to advise the Libyan and that the Provisional Libyan Government Government, on its would request, on its economic, social, welcome their participation in these agencies. financial, and develop~l1ent It would programmes within the fra­ also welcome an indication from those Governments mework of the laws and programmes adopted by that as to the amount of capital which they would make Government. HI; shall also ,srve as a member without available for these purposes. On 22 December, the vote on the Board of Diredion of the Libyan Public Commissioner transmitted this information, together Development and Stabiliz::ltion Agency and shall serve with copies of the laws,DO to the representatives of the as the technical assistance adviser tc) the Libyan mem­ States on the Council for Libya, informing them ber on the that Board of Directors of the Libyan Finance he would be glad to oK~r his good offices Corporation, to transmit both of which institutions are referred to their answers to the 'rovisional Libyan below. Government •• See Official 82. Supplementary Agreement No. 2 provides Reeor:: of the General Assembly, Sixth for Session, Supplw1e'lt Ni . 17, the continuation of the team preparing paragraphs 226-235. recommenda- 00 See annex J Y to til," pr;:~ent report.

13 and pointing out that, after the attainment of Libyan C. CURRENCY independence, such answers should be directed to the 9 I. As indicated in the second annual report, Libyan Government. The Commissioner alst' suggested recommendations were made to the Libyan Government that the Iibvan Ciovernment slll1uld inform other gov­ regarding the organii:ation of its currency by a series ernll1l'nls t,f' the fact that it would welcome contribu­ of meetings of experts conwned by the Commissioner, tions to the agencies. and a preparatory committee \vas established to make ~7. At the time of writing, as might be expected, the necessary arrangements to print notes and mint Illl formal rl'plies had h.-en received. hut, as indicated coins.'" The Provisional Libyan Government, having in the financial agreements concluded bctween the Pro­ considered these recommendations, enactl'd a Libyan visitlI1al Libvan (ll)Vernment and the Ciovernments of Currency Law on 24 October 1951. Under this law, the llnited Kingdl)m and France,'" thesc two Govern­ a Libvan Currency Commission ",as established. Its ments havc indicated their intentillI1 to make such con­ memb~rs are to c~)t1sist of a Chairman, appointed by tributillI1s. The (il)\ernment of the United Kingdom the Gowrnment of the United Kingdom of Libya, and has indil'ated that it would make contributions of up seven members appointed by the Government

14 fullv of Libva's IH:eds. to dve the following Hnancial titution, \viII utilize in order to cover the budgetary assistance tt) Libya: a c~ntributil)rl to t1;e Libyan deficit of the Fezzan and to assure the economic and Public Development and Stabilization A~ency and to socbl development of that province. Part nf this aid the Libyan Finance Corporation not exceeding 500,000 .vill take the form of a contribution to the Libyan pounds sterling; 100 per cent skrling backing for thc Public Development and Stabilization AgL'ncy. The initial issue of Libyan currency; until 3 I March 1952, amount of the financial aid is to be determined by an Ilnancial assistance to the administrations of Cyrenaica agreement between the French and Libyan Glwern­ and Tripolitania, who, in turn, will finance the Libyan n1l'nts. The Commissioner has received no infl1rmation Government; beginning I April 1952, if, without pre­ regarding the amount of this aid beyond that set forth judice to the undoubtcd right of Libya to determine above. The Libvan Government undertook to name its ow~ budgets, there is agreement between the Uni­ an official of French nationality to be particuiarIy con­ ted Kingdon; and Libyan G~wrnmcnts and the budgets cerned with economic and financial questions concern­ of the Libyan Government and the provincial adminis­ ing the Fezzan. This oflleial will be proposed to the trations for that ycar have bccn framed prudcntly, eco­ Libyan Government by the French Government and nomicaIly and for the purpose of financial stability and will serve as a Libyan civil servant under l.ibyan law. orderly eC0nomic development, the United Kingdom For economic and financial questions concerning the will make a contribution to the Libvan Government Fezzan, this ofiicial will have access to the Prime l\linis­ equal to the deJicits of the eombincd l~udgets, provided ter and the Minister of Finance, but he \\ ill keep the the Libyan Government requests such a contribution. Chief Financial and Economic Ollieer informed of his In the event that agreement is not reached hetween the proposals, in order that the latter can study them in two Governments, the United Kingdom undertook thc the framework 01 the general economic and financial obligation nevertheless to make a contribution to the position of Libya. Libyan Government of any sum essential to support the 96. This provisional agreement entered into force Libyan economy, provided the Libyan Government upon signature and will continue until 3 I March 1953, requests such a contribution. unless replaced by an agreement between the French 94. In the agreement, the Libyan Government and Libyan Governments. agreed that there should be appointed a Chief Financial 97. With the conclusion of these two financial and Economic Officcr and an Auditor-General, to serve agreements, the Libyan Government was assured of as officers of the Libyan Government, subject to the sutlicient financial assistance to cover the budget deficit civil service laws of Libya. Their appointment is to be for its normal administrative services during the remain­ the subject of consultation betwcen the United Kingdom ing part of the current budget year 195 I-52 as well and the Libyan Governments. The Chief Financial as during the first normal budget year 1952-53 as and Economic Officer, who has been appointed, is to \vell as of an amount, not yet finally determined, to be have direct access to the Prime Minister and the Minis­ applied to its economic and social development requi­ ter of Finance of the Libyan (Iovcrnment and shaI! rements. At the same time, it was speciJically stated be the principal financial and economic ofllcer of that that both agreements were temporary and that aid Government. The Auditor-General is to be the prin­ would be forthcoming only upon the request of the cipal auditor of the Libyan Government. The provi­ Libyan Government. sional agreement embodying these provisions came into force when signed and is to continue until 3 I I\'Iarch 1953, unless previously replaced by an agreemcnt bet­ E. FUTURE ECONOMIC AND SOCIAL DEVELOPMENT \veen the United Kingdom and Libya. PROGRAMMES 95. A similar and parallel temporary agreement 98. The recommendations to the Libyan Govern­ was concluded between the Provisional Libyan Govern­ ment by the United Nations-specialized agency techni­ ment and the Government of France in an exchange cal assistance team have not yet been finally formula­ of letters on 13 and 14 December b.:tween the Prin~e ted. It would be premature, at this point, to prejudge Minister of the Provisional Government and the repre­ in precise terms the country's economic and social sentative of France on the Council for Libya.'" The needs aHd the plans to be proposed for the fultilment Government of France undertook to provide financial of these needs. However, certain fundamentals of assistance to Libya on the following basis: until this plan can be foreseen, even at this date, for they 31 March 1952, the Government of France will conti­ ar" clearly determined by existing economic and social nue to furnish financial assistance for the administrative facts. services of the Fezzan and for that territory's economic a~d social development and to meet its budget deficit. 99. Libya is one of the poorest independent coun­ For the period between I April 1952 and 31 March tries in the world, with one of the lowest per capita 1953, the Government of France wiII furnish the Libyan national incomes, which reflects the basic poverty of Government, upon its request, financial assistance the nation's natural resources. The physical and natu­ which the Libyan Government, in turn, in accordance ral handicaps of the Libyan economy and the blows with the provisions of article 174 of the Libyan Cons- dealt it by damage during the last war have been refer­ red to at length in the Commissioner's first and secono "Stll' rllmex V I' .. Ihe presenl report. annual reports und need not be repeated at length

15 here"", So far no natural subsoil mineral resources limited expansion of irrigation may be practicabk. have been discovered, at least in commercially exploi­ The collection of rain water in cisterns and by means table quantities and qualities. The soil has been exa­ of small check-dams offers possibilities, but requires mined by competent agronomists and is generally very further investigation as to [he exact locations and best poor. Sub-soil water is not abundant and rainfall is methods to be employed. capricious and meagre. The population lacks not only 103. The expansion of the fishing industry offers general education, but technical and specialized training. one of the most promising prospects which had not 100. Under these conditions, the experts see no been realized until an investigation had been made by possibilities for recommending spectacular projects a fishing expert of the Food and Agriculture Organi­ offering great hope of immediate return. There are no zation. The tanning industry could be impoved and possibilities of large scale heavy industry and, barring expanded. There are some possibilities for the expan­ radical technological and scientific discoveries permit­ sion of handicraft industries. Improved marketing pro­ ting new approaches, there are no major opportunities cedures, particularly in fruits and vegetables, offer pos­ offering the hope of new riches and comfort for the sibilities which, however, need further investigation. Libyan people. The wiser course appears to be not 104. The question of the repair of war-damaged to exhaust the available limited physical and fiscal properties deeply concerns the Libyan people and any resources on a few big projects but rather to improve development programme must call for some repair the productivity of the existing undertakings which work, in the first instance, to prevent further deterio­ promise success, while at the same time encouraging ration of existing plant. First priority will doubtless research and experimentation in certain ne\v fields until have to be given to the repair of those properties that enough knowledge has been accumulated on those can be restored at a reasonably small cost and which projects which appear to otIer some hope of potential \vill be most useful to the Libyan economy in the near development. future. Among these might be mentioned the com­ 101. The core of any economic and social develop­ pletion of the repair of the harbours at Tripoli, Ben­ ment plan must inevitably be an educational and train­ ghazi and Derna, the improvement and restoration of ing programme. The principal untapped resource of certain municipal water supplies and power-plants. It Libya is its human skill, fur a population which is 90 appears likely that these projects could absorb a consi­ per cent illiterate and almost completely lacking in derable amount of the available financial resources. trained technicians cannot fully exploit its existing 105. Those who have been studying the Libyan resources or successfully manage its affairs in a highly economic and social problems have come to the reluc­ competitive world unless its inherent talents are deve­ tant conclusion that, for the present and immediate loped by education and training. Top priority should future, Libya cannot afford much improvement in its therefore be given to an attack on illiteracy which social welfare programmes. Rather, the approach involves an expansion of elementary education. A pre­ must be to increase the productivity of the Libyan requisite to this, however, is the training of teachers. people so that their poverty is alleviated. However, There must be training programmes for farmers and the existing social security programme should be for artisans to teach them to do better that which they expanded for, since it has been undertaken, it is impos­ are already doing. Training is needed in light industry sible to contemplate any curtailment. ,md handicrafts which would call for workshop schools. For more advanced training, there will be needed fellow­ 106. The problem of malnutrition must be dealt ships abroad. with; perhaps by a school feeding programme. At least a modest beginning must be made on slum clea­ 102. It is obvious that the emphasis in a develop­ rance, for housing conditions in the Arab sections of ment plan for Libya will be on agriculture. Once again, the towns are appalling. Some programme of training this is to a large extent a question of training. Most the blind, estimated at at least 10 per cent of the total of the opportunities for raising agricultural productivity popUlation, must be undertaken. lie in the gradual improvement of a multitude of pre­ sent practices in farming and animal husbandry. There 107. In addition to programmes and projects in the will be needed a programme of experimentation to economic and social field, Libya will need and doubt­ determine the selection of better methods suited to less request aid in the field of public administration. Libyan conditions. Closely linked to this, there will The organization of the new State's central adminis­ be required a programme of demonstra.tion and exten­ trative services will require time and expert advice. sion work. There are undoubtedly possibilitic5 for The new State will be well advised to turn to the Uni­ improving Libyan economy by supporting projects for ted Nations and the specialized agencies to request the planting of ;)lives and citrus, for reafforestation, and aid of experts to assist not only in the organization but for the improvement of seed. There are some promis­ also in the operation of such services during the early ing possibilities of improving irrigation practices, and a period of independence, while Libyans are being trai­ ned to perform these functions. There will obviously U'See Official Records of the General Assembly, Fifth Session, be a need for further public administration fellowships Supplemem No. 15, paragraphs 180 to 191; Official Records and scholarships. of the Genl!l'al Asse".bly, Sixth Session, Supplement No. 17, paragraphs 207, 251-252, 283-284, and 315-317. 108. The cost of the programmes which will pro-

16 hably be recommended may run to about $6,000,000 with all of the hard work, the changes in economic and during the first year. This figure takes into account the social patterns, and the self denial which it probable availability of will require. financial, human and material The increase in productivity must be resources and the large enough to possibility of launching projects dur­ outrun a steady rise in population ing 1952. Obviously, and to pernlit an a programme of this magaitude increase of per capita productivity, will call for a which will, in turn, considerable amount of financial assis­ lead to an improvement in tance, and the standard of living. It for a substantial amount of expert aid from will be diffIcult to achieve the United this, moreover, because of Nations expanded programme: of technical the need gradually to assistance. close the g'lP in the balance of Undoubtedly, this aid will have to be larger payments which has recently in the future, run at 40 per cent and for in the initial pro,!!T,me, with the which therefore requires probable a substantial programme development budget, it is lmpu~sible to make increase of exports. adequate provision for agricultural credit, reafforesta­ 110. All these tion, housing, and soil, mineralogical and water requirements point to the necessity surveys. of increased aid to Libya from outside the borders of that country. This aid will have 109. Any to be sustained for a programme to be recommended to the long period. Within Libya Libyan Government, such a programme will and which it decides should be require, from the Libyan curried leaders, supported by their out, must be on a sufficiently large and imagi­ people, wisdom, constancy, native scale determination, hard work to demonstrate to the Libyan people the and self denial. The possibilities course is not going to be an easy of economic and social development and one, but the potential to engender results may be expected to jus­ a will to carry the programme forward tify the efforts required.

17 Chapter rv CONCLUDING REMARKS

111. This supplementary report is the last written government and adopt a Constitution; and that a statement of the United Nations Commissioner in Libya Provisional Libyan Government should progressively to the General Assembly, and the reader may expel:t take over from the Administering States all govern­ some general comments from him, based on the expe­ mental functions, in ~lccordance with a plan drawn up rience he has gained in participating in the implemen­ by the Commissioner and the Council in co-operation tation of the United Nations solution of the Libyan with the Administering Powers, in a manner which problem. It would be obviously premature to attempt would ensure that all powers exercised by these States to draw, at the present stage, definite conclu~ions would, by a date not later than I January 1952, have regarding the repercussions of the events of the past been transferred to a duly constituted Libyan Govern­ two years on the future of Libya. Several years will ment. have to elapse before a balanced judgment can be 113. Many an experienced political observer"" formulated, both as to the method followed and the expressed concern as to the practical possibility of a results obtained. The Libyan people and the inter­ genuine and complete implementation of such an national community, of which the new Libyan State extensive programme within the time period allotted. now becomes a member, will be the first judges of They pointed to the magnitude of the task of welding the events which have taken place and of the measure together, in a single State, populations living in three of success of the United Nations Mission in Libya. territories with different historical backgrounds, with Their opinions will guide the conclusions of the poli­ little experience of organized political life or of the tical scientists and of the historians who will examine techniques of modern government, and who were the role the United Nations has played in Libya. At greatly handicapped by a precarious and unstable the moment of leaving the country, to the affairs of economy. These observers recalled that, in other which all his tho'Jghts have been directed during the countries, independence had been gained after much last two years, and at a time when the General Assem­ longer periods of preparation and that considerable bly is about to consider his and the Administering tinl': had often been required for drafting and agreeing Powers' reports, the Commissioner, who has tried to on a Constitution and for laying the foundations of the best of his ability to be the Assembly's agent in a new State. Libya, can only present a few general but, in his opinion, important considerations. 114. The announcement that the various provisions of the General Assembly resolutions on Libya have 112. The General Assembly resolution 289 (IV) received effect will therefore undoubtedly have been of 21 November 1949 on the final disposal of the welcomed by those Members of the United Nations former Italian colonies, and in particular that part of who by their vote in the Assembly had expressed their the resolutiol;l dealing with Libya, was hailed by repre­ confidence that, with the co-operation of the States sentatives of Member States and informed world public administering the three territories and with a suitable opinion as a test of the ability of the United Nations United Nations machinery, the unanimous wishes of to arrive at solutions of difficult international problems which had previously escaped settlement and as the "'Tht: representatives of Egypt alld Pakistan, with whom the inauguration of a new method for the peaceful and representative of Tripolitallia associated himself, requested tl/(' orderly transformation of a colony into an indepen­ insertion of the following footnote: dent State. They were explicitly based, it will be "The representative of Pakistan requested the Commb­ sioner to makc the phrase 'many an experienced political recalled, on the Assembly's understanding of the wishes observer' clearer as to whom he actually meant by those and welfare of the inhabitants and of the interests of people. As the Commissioner could not give a satisfactory peace and security, on the view of interested govern­ reply, the representatives of Egypt and Pakistan felt compel­ ments and on the relevant provisions of the Charter. led to add this footnote. What tne Commissioner probably meant was many an interested political observer". By resolution 289 (IV), supplemented ~:m 17 Novem­ ber 1950 by resolution 387 (V), the GeTIL~ral Assembly, The Commissioner adds the following Ilote: "The Commissioner is not in a position to confirm that upon which the Italian Peace Treaty copJerred powers all 'experienced political observers' are 'interested' observers. of decision, declared that Libya shOllld become all He is convinced that the Libyan question has been in the independent State and that within a period of two past and will be in the future judged by a great number years the inhabitants of Cyrenaica, Tripolitania and of objective and disinterested observers, many of whom have expressed the opinions to which he refers but with which the Fezzan, assisted by the United Nations Commis­ the Commissioner never agreed. :1, indicated in the nexl sioner and a Council, should dec.:ide on the form of paragraph of the text".

18 the Libyan people for early independence could receive action at his disposal other than those furnished by satisfaction. The same belief led the Commissioner to the Organization. It is to the extent to which the express the conviction in his first annual report that wishes of the United Nations are respected by the "Notwithstanding serious obstacles and difficulties... parties concerned that his action can be effective.'al the aims of the General Assembly will be attained 118. No executive powers were conferred upon the within the time limit prescribed and perhaps somewhat Commissioner by the General Assembly resolutions. carlier".lllO In the discharge of his functions he was to "assist" 115. The United Kingdom of Libya has now been the people of Libya in the formulation of their Consti­ proclaimed a free and independent sovereign State. tution and the establishment of an independent govern­ It has applied for membership in the United Nations ment; he was to "co-operate" with the Administering and its specialized agencies. It has received recognition Powers who were responsible for the administration of from several important members of the international the territories and for initiating necessary steps for the community. Its Constitution, adopted lmanimously by transfer of powers; he was to "consult and be guided" the members of the National Assembly, is in force by the advice of the members of the Council. The as from the date of independence. The King and the General Assembly, whic'h intentionally refrained from Council of Ministers have assumed the exercise of their prescribing a rigid system of co-operation, placed the constitutional powers. An Electoral Law is in effect Commissioner in a central position but his role became, and its provisions are in process of implementation, of necessity, in the intricate and delicate mechanism backed by a constitutional guarantee that an ekcted which had been set up, one of an advisor, a conciliator House of Representatives will be in existence by the and a co-ordinator, his most important function being cnd of February. The organization of governmental to supply the necessary motive power and guidance services has advanced in a manner which permits the to ensure the implementation of the General Assembly expectation th3t State activities will continue without resolutions within the time prescribed and in conformity harmful interruption. The new State operates on the with the intentions of their authors. The five-cornered basis of a c2refully considered budget and will dispose relationship between the Commissioner, the Council for in the immediate future of the necessary financial Libya, the Administering Powers, the Libyan National resources. Assembly and the Provisional Government contained, 116. The detailed chapters of the reports already however, in itself, elements of complexity and of submitted by the Commissioner for consideration by possible conflicts of competence. the General Assembly have sufliciently described how 119. The Libyans, as might be expected of a these results have been achieved and the factors of people who had lived for so long a time under foreign strength and the elements of weakness inherent in rule and had now been promised independence, were some of the solutions arrived at. It is therefore not inclined to be suspicious of any foreign interference necessary to list them all once more. The "serious with the realization of their hopes. The National obstacles and dilficulties" to which reference was pre­ Assembly showed an understandable tendency to viously made have by no means been lacking up to mark its independence as the sole body competent to the very last moment of the. Commissioner's stay in determine the Constitution. The Provisional Govern­ Libya. The Commissioner has already had occasion ment was also understandably jealous of its newly to express his appreciation of the co-operation he has acquired prerogatives. Mutual confidence was, received from the Administering Powers and from the however, established with the Commissioner as soon Council for Libya in the performance of his functions as it was realized that his only desire was to help in and to stress the strong impact of the unremitting will the work of these organs while respecting their power of the Libyan people and its leaders for independence of decision and to facilitate their relationship with the It! and unity. Hc has found in all the United Nations other agents of implementation of the General Assem­ organs before which he has appeared-the General bly's resolutions. Assembly. thc Economic and Social Council, the 120. As to the Administering Powers, the situation Technical Assistance Board-complete understanding would have been obviously confusing and impracticable and constant encouragement. He has benefited from if the Commissioner had claimed to take a direct share the inestimable help and advice of the Secretary­ in, and hence a part of the responsibility for the daily General and his principal assistants, who placed at administration of the territories. Nevertheless, co­ his disposal in Libya a staff with outstanding quali­ operation was required in preparing the numerous fications and compiete devotion to United Nations ideals. 101 The representatives of Egypt and Pakistan requested the 117. A United Nations representative on a mission insertion of the following footTlote: of the kind entrusted by the General Assembly to the "The repre~entative of Paki;tan suggested to the Com­ Commissioner has no other source of influence and no missioner, who did not agree, that in the last sentence of other strength than that provided to him by the moral this paragraph it would bc more correct to say that 'It is to the extcnt to which the wishes of the United Nations authority of the United Nations and has no means of are respected by the Commissioner and the parties concerned that his action can be effective'''. I'" See Official Records of the General Assembly. Fifth The Commissioner ohserves that. in hi, opinion. the phrase Session, Supplement No. 15. paragraph 258. 'parties concerned' is all-inclusive.

19 steps which the Administering Powers had to take in 122. The Council for Libya, composed as it was view of the progressive transfer of powers and the of six diplomatic representatives of foreign Powers, formation of governmental institutions, while at the including the Administering Powers, and of four local same time the special functions of the National members representing the three territories and the Assembly, of the territorial governments and, at a later minorities, gave the Commissioner valuable indications stage, of the Provisional Libyan Government had to be of the position of their Governments and of Libyan respected. As events gradually tc'ok shape, the public opinion on important phases of the implemen­ relationship between the Commissioner and the Admi­ tation of the General Assembly resolutions. As the nistering Powers developed into a system of mutual result of its composition, the Council was however consultation and co-operation in the course of which inclined to take more interest in matters of a political both sides took steps to avoid infringement upon each and cop.stitutional nature rather than to give technical other's respective fields of competence. As has been advice on the many administrative, financial, economic pointed out in previous reports, this was not always and social problems which proved such important possible without occasional differences of opinion, but elements in the attainment of Libyan independence.103 as a whole the system has worked, mostly thanks to a Its members seldom reached unanimity, which deprived mutual understanding of each other's difficulties. their advice to the Commissioner of some of its autho­ rity. Moreover, the fact that the Council was an 121. In this connexion one should not forget the extreme complexity of the administrative and political advisory body proved irksome to some of its members situation which the 1949 resolution allowed to exist and several attempts were made to interpret the in Libya during the transitional period between its Council's competence in a broad sense so as to impose adoption and the ultimate date set for the establishment majority views on the Commissioner by way of binding As a result of of a united and independent State. his second annual report in (Official Records of the Sixth military operations during the war period of 1940-1943, Session. Supplement No. 17, paragraphs 110 to 112, 163, the three territories composing Libya were left to be and 177).

administered by the United Kingdom and France 103 The representative of the United States of America, with through three different and dissimilar administrations. whom the representatives of Pakistan and the United Kingdom Even between the twO British administrations in associated themselves. requested the insertion of the following Tripolitania and Cyrenaica, during the two ye'ars of footnote: the Commissioner's duties, there existed no organic "This statement of tlle Commissioner is not substantiated by the record. If greater attention was given by the Council link except that both received their general instructions to political and constitutional matters, it was not due to the from London. There was no direct administrative composition of the Council, but rather to the circumstances connexion between the two British-administered terri­ under which the technical 2ssistance experts functioned and tories and the Fezzan. As a matter of fact, it was only the resulting efforts of the Commisioner to avoid discussion in the Council of matters involving technical advice on in February 1951, on the occasion of the inaugural administrative, financial, t. .nomic, and social problems". meeting of the Co-ordination Committee, that the two The Commissioner adds the following note: British Residents met their French colleague for the "This is a matter of appreciation. The Commissioner's first time. The need of a Franco-British organ of remarks rather refer to the Council's attitude with regard to co-ordination in Libya with which the Commissioner the labours of the Co-ordination Committee and of the and the Provisional Government could co-operate, was Committee of Experts on Monetary, Economic, and Finan­ therefore evident and the setting up by the Commis­ cial Questions than to those of the technical assistance expert-, The labours of this last category of experts are determined sioner, on an ad hoc basis, of the Co-ordination by rules and regulations laid down by the General Assembly Committee has been fully justified by the fruitful results ,md as such were outside the Commissioner's competence, of its work. 1lII This being the case, they were also outside the competence of the Council. Nevertheless, the Council, during 1951, • received five progress reports on the United Nations technical 102 The representatives of Egypt and Pakistan requested the assistance programme in Libya. insertion of the following footnote: "As to the Commissioner's remark about the composition "In accordance with General Assembly resolution 387 (V), of the Council, he wished to make it clear that it was of paragraph 3 (b), the Commissioner was required to act as course never his intention to reflect on the personalities follows: 'The United Nations Commissioner, aided and composing the Council, but solely on the fact that the guided by the advice of the members of the Council for Governments represented on the Council had rather selected Libya, shall proceed immediately to draw up a programme their respective members with an eye on diplomatic qualifica­ in co-operation with the Administering Powers for the tions, than by taking into account the desirability of inclu­ transfer of powers as provided in sub-paragraph (c) above'. ding administrative, economic and financial expert talent in In disregard of this directive of the United Nations, the the Council's membership". Co-ordination Committee was created and as a result, instead The representatives of Egypt and Pakistan requested the addi­ of the powers exercised by the Administering Powers being tion of the following footnote: transferred to the Provisional Government soon after its creation, no transfer of powers took place until 12 October "The footnote by the representatives of Egypt and Pakis­ tan to paragraph 72 above (footnote 84) explains how the 1951 ". Council was prevented from having anything to do with the The Commissioner adds the following note : work of the Monetary, Economic and Financial Experts. As "The Commissioner would like to refer, in this connexion, regards the Co-ordination Committee, the Council was never to the statement of his position, as set forth in his first associated with its work. All reports regarding its work annual report (Official Records, Fifth Session, Supplement were unfortunately quite incomplete and of an uncertain No. 15, paragraphs 112,114-119, as well as annex XII) and nature.

20 IlJ

instructions.'"' This in turn occasionally gave rise to financial means of the State-to-be and by the weaknesses a certain tension in the relationship between some of its economy. The passage of resolution 266 (Ill) members of the Council and the Commissioner, whose as weIl as the insertion of paragraph 9 in resolu­ duty it was to mllintain his position as an impartial tion 289 (IV) shows that the General Assembly was and objective adviser to the Libyan people within the not unaware of the possibility that, during the transi­ framework of the General Assembly resolutions. tional period set for the preparation of its independence, Libya might encounter 123. The preceding paragraphs may problems of an economic and lead some of social nature the students of Libyan affairs to the which would require the special attention conclusion that and assistance :: more precise delimitation of the attributions of the United Nations. It may be of the asked, however, various agents of implementdtion of the General whether at the moment it declared Assem­ that Libya would bly resolutions would have been desirable. become an independent State, the Others General Assembly wiII consider that a less rigidly defined had fuIly realized the magnitude of system of these problems relationships has permitted a better adaptation and their bearing upon Libya's chances to rapidly to emerge evolving situations. The Commissioner and survive as an independent and viable believes that State. as a whole the machinery devised by the United Nations for the achievement of Libyan independence has proved 125. In the absence of detailed provisions adequate and sufficiently well balanced. in the resolution, the Commissioner could not but turn at an early stage to the Council for Libya 124. He soon became conscious, with a request however, of the for advice regarding the scope of his fact that the basic General task in connexion Assembly resolutions of \vith the country's administrative, economic 1949 did not lay sufficient stress and social on the economic, problems. In reply, the Council unanimously financial and social problems of encou­ Libya, with the raged him to interpret his duties along accompanying risk that the achievements the lines he in the political had suggested. lOll field would be seriously endangered by the lack of 126. Subsequently, the Commissioner raised these "As regards the administ~ative qualifications of the repre­ problems twice sentative of Pakistan, before, the Economic and Social he has had twenty-seven years of Council in August administrative experience and has served as permanent 1950 and 1951 respectively, and representative of Pakistan to the United Nations." also before the General Assembly in the course of its fifth session. The representati\'e of Italy requested the addition of the In the meantime, he had approached following footnote: the Secretary-General and through him the Technical "As the Italian delegation already had occasion to point Assistance Board. As a result out of these various steps, at the beginning of the discussion on the present report, the Economic and Social it comiders unacceptable the Council, as weIl as the General Commissioner's statement Assembly, adopted resolutions regarding the composition of the Council, which was recognizing the United moreover determined by the United Nations General Assem­ Nations' special responsibillties for Libya's future as bly in its resolution of 21 November 1949. So far as the an independent State and the necessity Italian of coming to delegation is concerned, it has made its contribution Libya's assistance both teclu1icaIIy in the technical field as well and, on and financiaIly. several occasions. it Technical assistance has been furnished has offered the help of its experts to the Council and to the to Libya and Commissioner. is stilI being furnished in the most generous form as "It is clear from the summary records of the meetings of I he Council that the Italian delegation followed these also urged that Italian two directives more in the breach than In experts. with their long experience in the subjects concerned. their observance. should be ~ked to collaborate closely with the experts sent "The Commissioner has ~tated that it was 'irksome' to by the United Nations. (See in particular the summary some of the members of the Council to be required to act record of the ninety-eighth meeting. held on 22 October only as an advisory body. This view 1951.)". was obviously the result of the Commissioner's imagination because nowhere '''' Th" reprf'sentatives of Egypt, Pa.'iistan (dld Tripolitania in the debates of the Council did any member display any requested the insertion of the following footnote. dissatisfaction with the duties imposed on the Council by the resolutions of "The representatives of Egypt, Pakistan and Tripolitania the United Nations. "In the wish to point out that in resolution 289 (lV), paragraph 8, opinion of the representatives of Egypt and Pakis­ it is stated 'that in the discharge of his functions, the United tan, it was only natural that there should be a sharp divi­ sion in Nations Commissioner shall consult and be guided by the the Council when such interested parties were advice of the members of his CounciI..:. This subject represented on the Council as the representatives of the was United discussed in the Council in 1950 and was referred to by Kingdom and France. The countries were in occupa­ the tion Commissioner in his report to the General Assembly. The of Libya and it was natural that their representatives General Assembly took into account the views expressed should desire that the programmes for the future develop­ by the Commissioner in that report and the views expressed ment of Libya already worked out by their respective govern­ ments in the debates in the General Assembly in 1950. In resolu­ should be proceeded with." tion 387 (V) the very first paragraph lays down as follows The rcpresentati\'es oj France and of the United Kingdom 'expresses confidence that the United Nations Commissioner cqucsted the addition of the following footnote: in Libya, aided and guided by the advice of the members of "The representatives of France and of the United Kingdom the Council for Libya. will take the necessary steps to dis­ state that in the Council they have always supported any charge his functions...'. In light of the categorical and defini­ constructive proposals designed to give effect to the General tive directives of the General Assembly, some of the members Assembly resolutions." of the Council expected the Commissioner to consult with I"" See Ufjicial Records of the General Assembly, Fifth the Council and be guided by its advice in the discharge of 'icssion. Supplement No. 15. chapter VIII and annexes IV and all of his functions. Unfortunatdy. the Commissione:- XXIII.

21 described in chapter IV of the Commissioner's second State. In view of the special responsibility which the annual report'o. and in chapter III of the present report. United Nations has assumed and recognized, the Organ­ ization and its specialized agencies should consid~r 127. There remained to be solved, however, the it their duty to play a leading part in a co-ordinated question of Libya's urgent need for financial assistance. plan of external assistance to Libya. As explair:cd in chapter IV of the Commissioner's second annual report, '01 this need was indeed immediate 131. The Libyan Constitution is a reasonable one, since, in a country chronically dependent on foreign inspired by a spirit of democracy and respect for human subsidies, the Government could not actually have rights. To what extcnt this opinion will be shared by started to exercise the powers transferred to it unless the Libyan people will become fully evident only when financial assistance to cover the substantial budget the Constitution has been put to the test of experience. deficit had become available on the very date of inde­ Some observers may argue that, taking into account pendence. Hence, independence, even when legally Libya's social, economic and political state of advance­ established, would, in effect, have remained a dead­ ment, the Constitution now adopted represents too letter. Financial aid for the country's economic and advanced a form of democracy. The Commissioner social development was hardly less urgent if Libya was does not share that view. When a politically adolescent to survive as a viable State with a possibility of people acquires its first constitutional garment, it seems gradually raising the standard of living of its people. wiser to allow a size permitting a degree of political growth, rather than to select one of such tight-fitting 128. Discussion in the General Assembly and in proportions as to risk congestion in the body politic. the Economic and Social Council having revealed that the granting of financial assistance was not within the 132. As appears from the Commissioner's two practical possibilities 0: the United Nations and its annual reports and from his present report, Libya, if specialized agencies, other ways and means had to be it wants to survive as an independent State, will have found. The Commissioner's second annual report, to solve two fundamental problems, one political in chapter IIItOS explains in detail what were these ways nature, the other economic. and means as well as his reasons for not being entirely 133. The political problem consists of developing satisfi~d with the solution now agreed upon. Fortuna­ and consolidating its newly established unity. To desire tely, there is nothing in this solution which could unity, however, ardent and sincere that desire may be. pre..-ent it from being revised and improved upon, pfO­ is not in itself sufficient to make it function in practice. vided a sufficient number of States are preprlred to give In the political life of the country, tensions will occur, jointly financial assistance to Libya. such as antagonism between the varying interests and outlooks of the three territories as well as between 129. In concluding his final account to the General those of the various social groli1Js composing Libya's Assembly on the performance of his mission to Libya, population, which may well put Libyan unity to a the Commissioner may be permitted to turn to the severe test. future and give expression to a few words of hope and advice. 134. To regulate its political life, to offer an outlet for internal conflicts, and methods by which those 130. The Commissioner has stated repeatedly that conflicts can be solved, the Libyan National Assembly the Libyan people's strongest asset is its desire to live has given the country a democratic Constitution pro­ as a united people in an indf:pendent state. That de­ viding for a monarchy on a federal basis. As far as sire is now to be satisfied. Not only has independence human judgment and foresight permit us to look into been formally proclaimed, but Libya has made its entry the future, this system seems likely to correspond to into the fr.mily of nations without any ties which its Libya's particular needs, but it is not an easy system to Government will not be free to sever, modify or con­ apply. To ensure its success, the Libyan leaders will tinue solely in the light of the country's interests or have to deploy at least the same measure of wisdom affinities. At the same time, it is impossible to dis­ and tolerance, and the S

22 become of that standard if such aid prematurely came to c:ome about has been defined by the International to an end may be left to the imagination of the reader. Islamic Economic Organization meeting It is therefore in Karachi in indispensable, if the United Nations a joint declaration of a!J the participating decisions countries for an indepep.dent Libya are to bear fruit in expressed in the following terms: the future, to continue this aid for several years to "In the come in a form adapted to the country's particular economic field we advocate a system in which prosperity conditions. However, even the most generous and and development is tIte sf""urit): best and guarantee planned external aid will not enable Libya's economy for the personality and well-bLiJlg 01 all. We consider that to follow an ascendant line of development unless the an undeveloped or a backward area is a challenge Libyan people themselves do their share in increasing to the c'Jnscious and enlightened sel~-interest of the their standard of living. This will require great efforts whole \\lorId. Within the brother­ hood of Islamic on behalf of people who so far have suffered from countries we recommend applica­ tion of economic lack of sufficient education and professional training co-operation and mutual exchange of knowledge and whose soil contains but scanty natural resources. and expansion of trade. The direc­ tive principle of It wiII also demand a great deal of self-imposed dis­ our social policies, based on the timdess teachings th~ cipline in the implementation of economic and social of Islam, is well-being, pros­ perity and the T development plans, of self-restraint in politics and dignity of t .r:ornmon man, so that the personality of administration, and last but not Toast an increase in every il 'dual is afforded full scope to develop. "109 labour output. In brief, Wllat is required of them is a "'radually growing consciousness of the old truism that 136. The Libyan people owe their independence independence cannot simply become a reality by as much to the United Nations a" to their claiming the right to be independent; it also requires own elIorts. From now on they will have to a preparedness to carry the burden of duti~s inhere~t direct their efforts towards new goals 'so as to make the best possible in iJidependence. If such a new conSCIOUSlJeSs IS use of their new status, while the United Nations gradual!y to permeate the masses of the people, the wiII have to cuntinue recognizing the special responsibility leaders must give the example. All this wil, take which time. it has avowedly assumed in ganting It would be unrealistic to expect an overnight change Libya independent statehood. By following a democratic in age-old r'ustoms, social patterns and ways of thinking. way of life respecting human rights and by concentrating Undoubtedly, new concepts of economic, social and on peace: ful economic and social development, political behaviour wiII have to be adopted and absor­ the Libyan people can best repay their debt of gratitude bed, but they should be grafted on the old tree the to the c:f United Nations and thus continue to merit Libyan way of life. Only by such a process of syn­ the foreign thesis will assistance they will require in the future. it be possible to develop a new type (If Libyan community life capable of raising the standard ,,>' A/hai}'at-oiliciaI of living. The publication of the International Islamic nature of the synthesis which will have Economi~ Organization.

23

-

ANl'JIiXH8

Annex I

PROCLAMATION OF LIBYAN INDEPENDENCE BY KING MOHAMED iDRISS AL MAHDI AL SENUSSI at Benghazi, on 24 December 1951'"

IN THE NAME OF GOD, THE MERCIFUL, ber 1951). It IS our wish, as you we!! know, that the THE COMPASSIONATE, To OUR NOBLE PEOPLE life of the country should conform to true constitu­ tional principles, and we intend henceforward to exer­ We joyfully proclaim to the noble people of Libya cise our powers in accordance with the provisions of that in fulillment of their endeavours and of the United thi~ Constitution. Nations Resolution of 21 November 1949, our beloved At this solemn moment of our country's history, we country has, with the help of God, attairled inde­ pledge ourselves before God and the Nations to direct pendence. our every endeavour towards the interests and pros­ We offer to Almighty God our prayers of heartfelt perity of 0Ui" noble people in order that our high aims praise and thanksgiving for His blessings, and rejoice may be achieved and that our beloved country may with the Libyan people upon this happy and historic attain the place it deserves among the free nations. occasion. Tt is our duty one and all to preserve what we have We formally proclaim that Libya has, from today, gained at so dear 3 price, and to hand it down carefully become an independent Sovereign State, and, in com­ and faithfully to our posterity. pliance with the Resolution of the Libyan National At this blessed hour, we are mindful also of our Assembly of 2nd December 1950, we take to ourself heroes of the past. We invoke the dew of God's mercy henceforth the title of 'His Majesty the King of the and reward upon the souls of our righteous martyrs, United Kingdom of Libya'. and we salute the sacred banner. the legacy of our We welcome also the coming into force at this fathers aI)d the hard-earned symbol of our unity, in moment of the Constitution of the Country, as drawn the hope that the new era which dawns today will be up and promulgated by the National Assembly on the for our country an era of well-being and of peace. 6th day of Muharram in the year 13 71 (7 Octo- We pray God that He may help us in this-and may bestow upon us prosperity and guidance. for the source "" .\/AC.32/COUllciI/R.Il'6. of all help. indeed. is God.

Annex n

TRANSFER OF POWERS PROCLAMATION NO. 4

Issued on 24 December 1951 by the British Residents for Tripolitania and for Cyrenaica and by the French Resident for the Fezzan

(a) Br. :JSH RESIDENCY, TRIPOLITANIAJ11 and 17 November 1950 respectively, prOVISIOn was made that Libya, comprising Cyrenaica, Tripolitania Transfer of Powers (No. 4). Proclamation No. 223 and the Fezzan, should become an independent State Whereas by resolutions adopted by the Gem~ral on the completion of the action prescribed by the Assembly of the United Nations on 21 November 1949 resolutions : A nd whereas the C:.mstitution of Libya has been 1U AIAC.32/CounciI/R.183. duly determined in accordance with the aforesaid

25 resolution of 21 November 1949, and was promulgated required to be taken in those territories in order that on 7 October 1951 : the independence of Libya may become effective ha" And whereas it is provided by the aforesaid resolu­ been completed. tion of 17 November 1950 that powers ~hall be Dated at Tripoli this 24th day of December 1951. progressively transferred to the Provisional Government of Libya by the Administering Powers in a manner (Signed) T. R. BLACKLEY which will ensure that all powers at p.esent exercised British Resident by them shall, by 1 January 1952, have been transfe~red to the duly constituted Government, and that the Umted (b) BRITISH RESIDENCY, CYRENAICA"" Nations Commissioner, aided and guided by the advice of members of the Council for Libya, shall proceed [rarlsfer of Powers (No. 4) Proclamation Nu. 11)4 to draw up a programme in co-operation with the Administering Powers, for the transfer of powers as Whereas by resolutions adopted by the General aforesaid: Assembly of the United Nations on 21 November 1949 and 17 November 1950 respectively, provision was A nd whereas in accordance with the programme for made that Libya, comprising Cyrenaica, Tripolitania the transfer of powers which has been drawn up and the Fezzan, should become an independent State certain powers have already been transferred and it on the completion of the action prescribed by the is now desired to transfer all remaining pO\vers : resolutions: And whereas the authoritv to effect such transfer is Resid~nt, And whereas the Constitution of Libya has been vested in the British but the Tripolitanian duly determined in accordance \vith the aforesaid Government has been consulted as regards matters resolution of 21 November 1949, and was promulgated within its competence and has signified its agreement: on 7 October 1951 : And whereas it is provided by the Cyrenaica and A nd whereas it is provided by the aforesaid resolution Tripolitania (Termination of Administration) Order in of 17 November 1950 that powers shall be prcgres­ Council, 1951, that the authority of His Majesty in sively transferred to the Provisional Government of Cyrenaica and Tripolitani:> shall terminate on such Libya by the Administering Powers in a n:anner which date as shall be proclaimed in those territories by the will ensure that all powers at present exercIsed by them da~e respective British Residents therein. as the ?n shall, by 1 January 1952, have been transferred to .the tho~p which all action required to be taken 10 t<:>rntones duly constituted Government, and that the Um~ed in order that the independence of Libya may 'Jecome ~ations Commissioner, aided and guided by the adVice effective has been completed: (If members of the Council for Libya, shall proceed to A ad whereas all such action will be completed by draw up a programme in co-operation with the the issue of this Proclamation: Adminhtering Powers, for the transfer of powers as Now therefore the British Resident hereby proclaims aforesaid: as follows: A nil lvhereas in accordance with the programme for the transfer of powers which has been drawn up Short title certain powers have already been transferred and it is 1. This Proclamation may be cited as the Transfer now desired to transfer all remaining powers: of Powers (No. 4) Proclamation No. 223. A" ~ ~I'hereas the authority to effect such transfer is vested in the British Resident but, under Article 14 of Final transfer of power the Transitional Powers Proclamation, the prior agree­ 2. To the intent that the independence of Libya shall ment of His Highness the Amir is necessary as regards become effective in the manner provided for in the internal affairs: resolutions adopted by the General Assembly of the A nd whereas His Highness the Amir has signified United Nations on 21 November 1949 and 17 Nov­ his agreement as aforesaid: ember 1950 respectively, all powers which under the Libyan Constitution are to be exercised by the Federal And l'v'hereas it is provided by the Cyrenaica and Government of Libya, and which are not already Tripolitania (Termination of A~ministrat~on) ~rder !n possessed by the Provisional Government of Libya. Council, 1951, that the authonty of HIS Majesty III are hereby transferred to the Provisional Government Cyrenaica and Tripolitania shall terminate on such of Libya and all powers which under the. Libyan C:0n­ date as shall be proclaimed in those territories by the stitution are to be exercised by the PrOVlllce of Tnpo­ respective British Residents therein as. the date o~ litania and which are not already possessed by the Pro­ which all action required to be taken 10 those tern­ vince of Tripolitania, are hereby transferred to the tories in order that the independence of Libya may Province of Tripolitania. become effective has been completed: And w!zer,'ns all such action will be completed by Termination of authority of His Britannic Majesty the issui" '_';' t'is Proclamation: 3. The date of this Proclamation is herehy pro­ Now L-1~Tej()re the British Resident hereby proclaims claimed, for the purposes of the Cyrenaica and as follows: Tripolitania (Termination of Administration) Order in Council 1951, to b~ the date on which all action "" AIAC.32/Coul1cil/R.185.

26 Shorl {jIlt' gfe!Ssively L1"dllsferroo lo the Provisional Government I. This Proclamation lllay be cited a.<; the Transfe.r of Libya by the Administering Powers in a manner of Powers (No, 4) Proclamation No, 194. "'hich will ensure that all powers at present exercised oy them sllall hv 1 Januarv 1952 have been transferred Final transfer of power l{~ a duly constituted Government and that the United Nations 2. To the intent that the independence of Libya shall Commissioner, aided and guided by the advice of the become effective in the manner provided for in the members of the Council for Libya, shall proceed to resolutions adopted by the General Assembly of the dra\\! up a programme in co-operation with the United Nations on 21 November 1949 and 17 Nov­ Administering Powers. for the transfer of powers a~ ember 1950 respectively, all powers which under the aforesaid: Libyan Constitution are to be exercised by the Federal A nd whereas in accordance with the programme Government of for Libya, and which are not already the transfer of powers which has been possessed by the drawn up certain Provisional Government of Libya, arc powers have already been transferred hereby transferred to and it is no\\ the Provisional Government of desired to transfer all remaining powers: Libya, anC: all powers which under the Libyan Con­ And whereas the stitution are to be exercised by the Province of authority to effect such transfer is vested in the French Cyrenaica and which are not already possessed by the Resident in the Fezzan, but the Fezzanese Government Province of Cyrenaica are hereby transferred to the has been consulted as regard.., Province of Cyrenaica. matters within its competence and has signified its agreement: Termination of authority of His Britannic Majesty A nd whereas the Governor General of Algeria has 3. The date of this Proclamation is hereby pro­ authorized the French Resident in the Fezzan to transfer claimed for the purposes of the Cyrenaica and to the Libyan Government the last group of powers Tripolitania (Termination of Administration) Order in which he is still exercising in the name of the Adminis­ Council 1951, to be the date on which all action tering Power: required to be taken in those territories in order that Now therefore the independence of Libya may become effective has the French Resident in the Fezzan heen completed. hereby proclaims as follows: Made by me at Bengh?Zi, Cyrenaica. this 24th day 1. This proclamation may be cited as the Transfer of December, 1951. of Powers (No. 4) Proclamation. 2. To the (SiRlled) E. A. V. DE intent that the independence of Libyan CANDOLE shall British Resident become effective in the manner provided for in the resolutions adopted by the Generc.l Assembly of the United Nations on 21 November 1949 and tC) FRENCH RESIDENCY"" 17 November 1950 respectively, all powers which under Proclamation Number Four the Libyan Constitution are to be exercised by the Federal Government of Libya, and which are nol Whereas by resolut~ons adopted by the General already possessed by the Provisional Government of Assembly of the United Nations on 21 November 1949 Libya, are hereby transferred to the Provisional and 17 November 1950 respectively, provision was Government of Libya, and all pow!';; s which under the made that Libya, comprising Cyrenaica, Tripolitania Libyan Constitution are to be exercised by the Pro­ and the Fezzan, should become an independent State vince of the Fezzan and which are not already pos­ on the completion of the action prescribed by the sessed by the Province of the Fezzan, are herebv resolutions: transferred to the Province of the Fezzan. . A nd whereas the Constitution of Libya has been 3. From the date of this Proclamation all powers duly determined, in accordance with the requirements retained by the Administering Power shall have been of the aforesaid resolution of 21 November 1949 and transferred in such manner that the independence of was promulgated on 7 October 1951 : Libya shall become effective. And whereas it is provided, by the aforesaid resolu­ Dated at Sabha, this 24th day of December tion of 17 November 1950, that powers shall be pro- 1951. (Signed) CAUNEILLE ., A/AC.32/C'ouncil/R.1 R4. French Resident

21 Annex III

TRANSFER OF POWERS PROCLAMATIONS NOS. 1 AND 2 Issued on 12 Octobpr 1951 by tllp British Residl'nt faT Cyre.llaica

BRITISH RESIDENCY. CYRENAICA" sioner. aided and guided by the advice of the members for the Council for Libya, shall proceed to draw up Transfer of Powers (No. 1) Proclamation No. 19/ a programme in co-operation with the Administering Whereas it is provided in the resolution of the United Powers for the transfer of powers as aforesaid: Nations adorkd on 17 November 1951 that powers And whereas by a resolution dated 18 Augus""'t-1-9-S....i shall be progressively transferred to the Provisional the National Assembly of Libya approved the powers Government of Libya by the Administering Powers in which are to be vested in the Federal Government of a manner \vhich will ensure that all powers at present Libya and the power" which are to be vested in the exercised by them shall by 1 January 1952 have been Provinces: transferred to the duly constituted Libyan Government A nd whereas in accordance with the programme for and that the United Naticns Commissioner, aided and the transfer of powers which has been drawn up and guided by the advice of the members of the Council in conformity with the resolution of the National for Libya shall proceed to draw up a programme. in Assembly of Libya aforesaid it is desired that powers co-operation with the Administering Powers for the shall be transferred to the Provisional Government of transfer of powers as aforesaid; Libya as hereinafter provided: And whereas in pursuance of the programme for the And ,I'hereas the authority to effect such transfer is transfer of powers \vhich has been drawn up it is vested in the British Resident but, under article 14 of desired that the Provisional Government of Libya shall the Transitional Powers Proclamation No. 187, the have the powers hereinafter mentioned; prior agreement of His Highness the Amir is necessary A nd whereas His Highness the Amir has signified as regards matters within the competence of the Cyre­ his agreement to the transfer of powers hereinafter naican Government: made; A nd whereas His Highness the Amir has signified NolV therefo,,~' the British Resident hereby proclaims his agreement as aforesaid: as follows: Nmv therefore ~he British Resident hereby proclaims as follows: Short title Short title 1. This ProclaI>1ation may be cited as the Transfer of Powers (No, 1) Proclamation No, 191. 1. This Proclamation may be cited as the Transfer of Powers (No. 2) Proclamation No. 192. Trans/er powers 0/ Powers transferred to the Provisional Government 2. Th.) Provisional Government of Libya shall have 2. The Provisional Government of Libya shall have power to enact and implement a law to make provision exclusive competence, and shall possess legislative and for the introduction of d Libyan Currency and there­ executive powers, with respect to the following matters, upon such law shall operate as a law of Libya according that is to say. to its tenor. (1) The establishment, constitutions, powers and Made by me at Benghazi. Cyrenaica. this 12th day duties of a Development and Stabilisation Agency and of October. 1951. a Libya Finance Corporati0n; (Si{?ned) E. A. V. DE CANDOLE (2) Questions relating to nationality: British Resident (3) Stock exchanges; (4) Enquiries and statistics pertaining to the Pro­ Trans/er 0/ Powers (No. 2) Proclamation No. 192 visional Government; (S) Questions relating to the employees of the Pro­ Whereas it is provided in the resolution of the United visional Government; Nations dated 17 November 19S0 that powers shall (6) Properties of the Provisional Government; be progressively transferred to the Provisional Govern­ ment of Libya by the Administering Powers in a (7) Co-operation between the Provisional Govern­ manner which will ensure that all powers at present ment on the one hand and the Provinces on the other, exercised by them shall, by 1 January 19S2, have with regard to the work of the Criminal Police, the been transferred to the duly constituted Libyan establishment of a central bureau for the Criminal crimi~~!~: Government, and that the United Nations Commis- Police and the pursuit of international (8) Education in universities and other institutiol's

III AI AC.32/Collnci!/R.l n. of higher education and provisions regarding degrees.

28 Matters as to which the Provisional Government has (12) Quarantine and their hospitals; legislative power but the implementation of the (13) Licences for practising the medical prof.::s­ legislation is within the competence of the Provinces sions and other professions connected with puhlit' 3. (l) As regards the matters set out in paragraph health. (2) of this article the enactment of legislation shall be Power to make and implement certain Agreements within the competence of the Provisional Government. while implementation of that legislation, in so far as 4. Power is hereby transferred to the Provisional i( is applicable to Cyrenaica, shall be within the Government of Libya to conclude financial agreements competence of the Provincial Administration of Cyre­ with the Administering Powers in order to enable the naica acting under the control of the Provisional transfer of further powers and to take any executive Government. or legislative action appropriate for the implementation (2) The matters in question are: of any such agreement. (l) Weights and measures; Made by me at Benghazi, Cyrenaica, this 12th day (2) All forms of insurance; of October, 1951. (3) General judicial organization of the State; (Sirmed) E. A. V. DE CANDOLE (4) Civil, commercial and criminal laws; civil British Residem and criminal procedure; regulation of the legal profession ; Transfer of powers (5) Literary, artistic, and industrial copyright. 10 the Provisional Libyan Government inventions, agents, patents, trade marks and mer­ chandise marks ; IRADAH (6) Newspapers, books. printing presses and We, Mohammed Idriss el Mahdi el Senussi, Amir broadcasting; of Cyrenaica, in accordance with the provisions of (7) All matters relating to the national flag and Article 14 of the Transitional Powers Proclamation the national anthem; public holidays; No. 187 hereby signify our consent to the transfer of (8) Cond:tions for practising the liberal scientific powers to the Provisional Government of Libya set and technical professions; forth in tb, Transfer of Powers (No. 1) Proclamation No. 191 and the Transfer of Powers (No. 2) Procla­ (9) Gene',:al police for education; mation No. 192 made by the British Resident in Cyre­ (10) Antiquities and archeological sites and any naica on the 12th day of October 1951. museum, library and other institutions declared to be of national importance by a law enacted by the (Signed) MOHAMMED IDRISS EL MAHDI EL SENUSSI Provisional Government; Made at Our Court of Al Manar this 14th day of (11) Public health and co-ordination of questions October, 1951, equivalent to the 13th day of relating thereto; rVluharram, 1371.

Annex IV

T~MPORARY AGREEMENT BETWEEN THE GOVERNMENT OF THE'"' UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE"" LIBYAN GOVERNMENT REGARDING FINANCIAL ASSISTANCE TO LmYA6G TO BE PROVIDED BY THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN'" AND NORTHERN IRELAND'"

Interpretation "The Provincial Administrations" means the local Governments or Administrations of Cyrenaica, Tripoli­ ARTICLE I tania and the Fezzan ; In this Agreement "The Currency Commission" means the Currency "The United Kingdom Government" means the Gov­ Commission the constitution, powers and duties of ernment of the United Kingdom of Great Britain and which are provided for in the Currency Law enacted by Northern Ireland; the Libyan Government in the 24th day of October. "The Libyan Government" means the Provisional 1951 ; Government of Libya until Libya becomes independent, "The initial issue of Libyan currency" means all and thereafter means the Federal Government of Libya. Libyan currency notes and ,ains issued by the Cur- rcnl:Y .omnUSSlOn against Military Adn~;nistration lir-.: t1num..~ the Libyan Government in order to enable the notes, l: gyptian currency notes and Algerian franc Libyan Government to exercise the powers progrct'­ n0tes which are tendered in Libya within such period -.ively transferred to it; or periods from the date on which the Libyan pound (d) As regards the financial year beginning on becomes the ~tandard of currency in Libya as the Cur­ 1 April 1952, if, without prejudice to the undoubted rency Commission may in its discretion determine. right of Libya to determine its own budgets, there is agreement between the United Kingdom and Libyan Coming into force and duration of Agreement Governments that the budgets of the Libyan Govern­ ment and the Provincial Administrations for that year ARTICLE 2 have been framed prudently, economically and with This Agreement shall come into force upon signature regard to the purpose set out in article 3 of this and shall continue :a force until 31 March 1953, l'nless Agreement, the United Kingdom Government will previously replaced by an Agreement between the make a contribution to the Libyan Government of a United Kingdom and Libyan Governments. sum equal to any deficiency in the combined Budgets provided the Libyan Government requests such a con­ tribution. In the event that agreement is not reached, Purpose of Agreement the United Kingdom Government will nevertheless ARTICLE 3 make a contribution to the Libyan Government of any sum essential to support the Libyan economy provided This Agreement is made to ensure that Libya shall the Libyan Government requests such a contribution. enjoy conditions of financial stability and orderly eco­ nomic development. Ohligatl'ons of the Libyan Government

Obligations of the United Kingdom Government ARTICLE 5 111 order further to carry out the purpose set out ARTICLE 4 in article 3 of this Agreement, the Libyan Government In order to carry out the purpose set out in Article 3 agrees that there shall be a Chief Financial and Econo­ of this Agreement, the United Kingdom Government mic Officer and an Auditor General, who shall be will, provided Libyan financial affairs are being con­ officers of the Libyan Government and subject to the ducted in a manner appropriate for the achievement of Civil Service Laws of Libya. All matters relating to that purpose and provided that the United Kingdom their appointments shall be the subject of consultation Government is informed fully of Libya's needs, give between the United Kingdom and Libyan Governments. financial assistance to Libya as follows : (a) The United Kingdom Government will contri­ Duties of the Chief Financial and Economic Officer and bute during the financial year beginning on 1 April Auditor-General 1952, to the Development and Stabilisation Agency which is to be established under Libyan Law, and may ARTiCLE 6 contribute during the financial year beginning on (a) The Chief Financial and Economic Officer shall 1 April 1952, to the Finance Corporation which is te have access to the Prime Minister and the Minister of be so established, sums not exceeding £500,000 sterl­ Finance of the Libyan Government. He shall be the ing in the aggregate for the purposes for which those principal financial and economic officer of that organisations are to be established and in conformity Government. with their statutes; (b) The Auditor General shall be th'~ principal audi­ (b) The United Kingdom Government will provide tor of the Libyan Government. one hundred per centum sterling backing for the initial Signed at Tripoli, this 13th day of December 1951. issue of Libyan currency in accordance with arrange­ ments acceptable to the United Kingdom and Libyan For the Libyan Government Governments; (Signed) Mahmoud MUNT ASSAR (c) Until 31 March 1952, the United Kingdom Gov­ Prime Minister ernment will continue to give financial assistance to the Governments or Administrations of Cyrenaica and For the United Kmgdom Government Tripolitania, it being the intention that the Provincial (Signed) T. R. BLACKLEY Administration will, out of their general revenues, British Resident Tripolitania Annex V

TEMPORARY AGREEMENT BETWEEN THE GOVERNMENT OF FRANCE AND THE LlBYANIlT GOVERNMENT REGARDING FINANCIAL ASSISTANCE TO LIBYA TO BE PROVIDED BY THE GOVERNMENT OF FRANCE"

14 December 1951 development of the country, such contribution being Your Excellency, made in accordance with the Statutes of the said Agency. I have the honour to acknowledge receipt of your "The amount of this assistance for the period in letter of 13 December 1951, which states as follows: question shall be determined by agreement between "During the exchanges of views which I have had the French Government and the Libyan Government. with your Excellency, I have had occasion to inform your Excellency of the importance that my Govern­ "3. The Libyan Government shall appoint an ment attaches to the harmonious development of the official of French nationality who shall primarily be Libyan economy. responsible for economic and financial questions "It is in this development of Libya's resources and relating to the Fezzan. The name of this official in the creation of the prerequisites for an adminis­ shall be put forward by the French Government. He tration adapted to the needs of a modern economy, shall be an officer of the Libyan Government and that the Government of the Republic sees the best subject to the Civil Service Laws of Libya. guarantees that Libya's progress and development in "The French official responsible for economic and accordance with the very spirit of the United Nations financial questions relating to the Fezzan shall have resolution of 21 November 1949 will become access to th~ Prime Minister and the Minister of increasingly marked. My Government has in­ Finance but he shall keep the Chief Financial and structed me to inform Your Excellency that it will be Economic Officer informed of his proposals so that happy to grant Libya financial assistance within the the latter may consider them within the framework limits of the budgetary credits allocated by the Par­ of Libya's general financial and economic position. liament of the Republic of France and in accordance "I would be grateful if you \vould inform me of with the following provisions: your Government's acceptance, on the above con­ "I. Until 31 March 1952, the French Govern­ ditions, of the financial assistance offered to it by ment will continue to give direct financial assistance the French Government. to ensure the functioning of the administrative ser­ "The provisional agreement thus hereby reached vices in the Fezzan and the economic and social by exchange of letters shall come into force imme­ development of that province, to the extent to which diately. It shall continue in force until 31 March the expenses relating thereto cannot be met from 1953, unless previously replaced by an agreement the resources of the Provincial Administration of the between the French and Libyan Governments." Fezzan. I have the honour to inform you that the Provi­ "2. With regard to the period from 1 April 1952 sional Libyan Government accepts the financial assis­ to 31 March 1953, the French Government, cons­ tance offered by the French Government, on the cious of the needs which its representatives f,oted conditions specified above. in the Fezzan during the time wh-en France was res­ The agreement thus reached by exchange of letters ponsible for the provisional administration of the shall come into force immediately and shall continue province, and with a view to continuing the work in force until 31 March 1953, unless previously replaced undertaken by France will give the Libyan Govern­ by an agreement between the French and Libyan ment the financial assistance, which the latter may Governments. request and which in conformity with the provisions of article 174 of the Libyan Federal Constitution, it I have the honour to be shall apply to the Federal budget to cover the deficit Your Excellency, on the Fezzanese budget and to ensure the economic Your obedient servant, and social development of that province. (Signed) Mahmoud MUNTASSER "Part of this assistance mav be in the form of a contribution to the Develop~ent and Stabilization M. Georges BALAY, Agency to be established in Libya to meet the Ambassador ot France, expenses which the aforesaid Agency incurs in the Tripoli

31 Annex VI

TRANSFER OF POWERS PROCLAMAnON NO. 3

Issued on 15 December 1951 by the British Residents for Tripolitania and for Cyrenaica anI' by the French Resident fol' the Fezzan

(a) BRITISH RESIDENCY, TRIPOLITANIA"" (4) Construction and control of federal railways, after agreement with the Provinces which they cross; Transfer of Powers (No. 3) Proclamation No. 222 (5) Taxation necessary to meet th~ expenditure of Whereas it is provided in the resolution of the United the Provisional Government, after consultation with Nations dated 17 November 1950, that powers shall the Provinces; be progressiv 'y transferred to the Provisional Govern­ (6) Federal bank; ment of Libya by the Administering Powers in a manner which will ensure that all powers at present exercised (7) Federal finances and public debt; by them shall, by 1 January 1952, have been trans­ (8) Exchange; ferred to the duly constituted Libyan Government, (9) In consultation with the Provinces, the promotion and that the United Nations Commissioner, aided and of agricultural and industrial production and commer­ guided by the advice of the members of the Council cial activities and ensuring the country's essential for Libya, shall pl'oceed to draw up programme in foodstuff",. co-operation with the Administering Powers for the transfer of powers as aforesaid: Matters as to which the Provisional Government is to A nd whereas by a resolution dated 7 October 1951, have legislative power but the implementation of the the National Assembly of Libya determined the legislation is to be within the competence of the Constitution of Libya in accordance with the require­ Provinces acting under the supervision of the Provi­ ments of the resolution of the united Nations dated sioMl Government ~­ 21 November 1949, which Constitution was prol .... 3. (1) As regards the matters set out in paragraph gated on 7 October 1951 : (2) of this article, the legislative power shall be within And l'l'hereas in accordance with the programme for the competence of the Provisional Government, while the transfer of powers which has been drawn up and the executive power in connection with the implemen­ in conformity with the Constitution determined by the tation of that legislation, in so far as it is applicable National Assembly of Libya as aforesaid, it is desired to Tripolitania, shall be within the competence of the that powers shall be transferred to the Provisional provincial administration of Tripolitania acting under Government of Libya as herein after provided: the supervision of the Provisional Government: And whereas, the authority to effect such transfer is (2) The matters in question are: vested in the British Resident, but the Tripolitanian Government has been consulted as regards matters (1) Companies; within its competence and has signified its agreement: (2) Income tax; Now therefore the British Resident hereby proclaims (3) Monopolies and concessions; as follows: C4) Subsoil wealth and prospecting and mining; (5) Expropriation; Short title (6) Labour and social security; 1. This Proclamation may be cited as the Transfer (7) Banks; of Powers (No. 3) Proclamation No. 222. (8) Organization of imports and exports. Powers transferred to the Provisional Government P;~;;rs excluded from transfer 2. The Provisional Government of Libya shall have exclusive competence, and shall possess legislative and 4. (1) Nothing in this Proclamation shall vest in executive powers, with respect to the following matters, the Provisional Government any powers referred to in that is to say: parzgraphs (1) to (11) and (13) to (22) of article 36 (1) Meteorology; of the Libyan Constitution or any powers referred to in paragraphs (l0) to (13) of article 38 of the Libyan (2) Posts and telegraphs, telephones, wireless, federal Constitution; broadcasting and other forms of federal communicatiu; (2) All such powers shall continue to be exercisable (3) Federal roads and other roads decided by the in accordance with the Transitional Powers Procla­ Provisional Government, after consultation with the mation; Provinces, not to belong to a particular Province; (3) Subject to paragraphs (1) and (2) of this article,

115 AIAC.32/CouncillR.l80. the Transitional Powers Proclamation shall hencefor-

32 ward have effect, subject to the provisions of this (3) Federal roads and other roads decided by the Proclamation. Provisional Government after consultation with the Dated at Tripoli this 15th day of December 1951. provinces, not to belong to a particular province; (4) Construction and control of federal railways, (Signed) T. R. BLACKLEY after agreement with the provinces which they cross; British Resident (5) Taxation necessary to meet the expenditure of

110 the Provisional Government, after consultation with the (b) BRITISH RESIDENCY, CYRENAICA provinces; Transfer of Powers (No. 3) Proclamation No. 193 (6) Federal bank; Whereas it is provided in the resolution of the United (7) Federal finances and public debt; Nations dated 17 November 1950, that powers shall (8) Exchange; be progressively- transferred to the Provisional Govern­ (9) In consultation with the provinces, the promo­ ment of Libya by the Administering Powers in a manner tion of agricultural and industrial production and which will ensure that all powers at present exercised commercial activities and ensuring the country's essen­ by them shall, by 1 January 1952, have been trans­ tial foodstuffs. ferred to the duly constituted Libyan Government, and that the United Nations Commissioner, aided and Matters as to which the Provisional Government is to guided by the advice of the members of the Council for have legislative power but the implementation of the Libya, shall proceed to draw up a programme in co­ legislation is to be within the competence of operation with the Administering Powers for the Cyrenaica acting under supervision of the Provi­ transfer of powers as aforesaid: sional Government And whereas by a resolution dated 7 October 1951­ 3. (1) As regards the matters set out in paragraph the National Assembly of Libya determined the (2) of this article, the legislative power shall be within Constitution of Libya in accordance with the require­ the competence of the Provisional Government, while ments of the resolution of the United Nations dated the executive power in connexion with the implement­ 21 November 1949, which Constitution was promul­ ation of that legislation, in so far as it is applicable to gated on 7 October 1951 : Cyrenaica, shall be within the competence of the A nd whereas in accordance with the programme for provincial administration of Cyrenaica acting under the the transfer of powers which has been drawn up and supervision of the Provisional Government. in conformity with the Constitution determined by the (2) The matters in question are: National Assembly of Libya as aforesaid it is desired (1) Companies; that powers shall be transferred to the Provisional Government of Libya as hereinafter provided: (2) Income tax ; And whereas the authority to effect such transfer is (3) Monopolies and concessions; vested in the British Resident but, under article 14 (4) Subsoil wealth and prospecting and mining; of the Transitional Powers Proclamation No. 187, the (5) Expropriation; prior agreement of His Highness the Amir is necessary (6) Labour and social security; as regards matters within the competence of the Cyre­ (7) Banks; naican Government: (8) Organization of imports and exports. And whereas His Highness the Amir has signified his agreement as aforesaid: Powers excluded from transfer Now therefore the British Resident hereby proclaims 4. (1) Nothing in this Proclamation shall vest in the as follows: Provisional Government any powers referred to in Short title paragraphs (1) to (11) and (13) to (22) of Article 36 of the Libyan Constitution or any powers referred to in 1. This Proclamation may be cited as the Tramfer paragraphs (l0) to (13) of Article 38 of the Libyan of Powers (No. 3) Proclamation No. 193. Constitution; Powers transferred to the Provisional Government (2) All such powers shall continue to be exercisable in accordance with the Transitional Powers Proclam­ 2. The Provisional Government of Libya shall have ation; exclusive competence, and shall possess legislative and executive powers, with respect to the following matters, (3) Subject to paragraphs (I) and (2) of this Article, that is to say: the Transitional Powers Proclamation shall hencefor­ ward have effect subject to the provisions of this (1) Meteorology; Proclamation. (2) Posts and telegraphs, telephones, \vireless, federal broadcasting and other forms of federal com­ Made by me at Benghazi, this 15th day of December, munication ; 1951 (Signed) E. A. V. DE CANDOLE u. AIAC.32/Council/R.182. British Resident

33 u (c) FRENCH RESIDENCY , (5) Taxation necessary to meet the expenditure of the Provisional Government, after consultation with the Transfer of Power (Proclamation No. 3) Provinces; Whereas it is provided in the resolution of the United (6) Federal bank; Nations dated 17 November 1950, that powers shall (7) Federal finances and public debt; be progressively transferred to th-; Provisional Govern­ ment of Libya by the Administering Powers in a (8) Exchange; manner which will ensure that all powers at present (9) In consultation with the Provinces, the promotion exercised by them shall, by 1 January 1952, have been of agricultural and industrial production and commer­ transferred to the duly constituted Libyan Government, cial activities and ensuring the cou.ltry's essential and that the United Nations Commissioner, aided and foodstuffs. guided by the advice of the members of the Council for Libya, shall proceed to draw up a programme in 3. (1) As regards the matters set out in paragraph co-operation with the Administering Powers for the (2) of this article, the legislative power shall be within transfer of powers as aforesaid: the competence of the Provisional Government, while the eV.ecutive power in connexion with the implement­ And whereas by a resolution dated 7 October 1951, ation of that legislation, in so far as it is applicable the National Assembly of Libya determined the Consti­ to the Fezzan, shall be within the competen.;e of the requir'~ments tution of Libya in accordance with the provi,.dal administration of the Fezzan acting under of the resolution of the United Nations dated 21 the supervision of the Provisional Government. November 1949, which Constitution ',"as promnlgated on 7 October 1951 : (2) The matters in question are: And whereas in accordance with the programme for the transfer of powers which has been drawn up and (1) Companies; in conformity with the Constitution determined by the (2) ';lcome tax; National Assembly of Libya as aforesaid it is desired (3) MC!lopolies and concessions; that powers shall be transferred to the Provisional (4) Subsoil wealth and prospecting and mining; Government of Libya as hereinafter provided: (5) Expropriatio~!: And where's the authority to effect such transfer is (6) Labour and social security; vested in the French Resident, but the Fezzanese Government has been consulted as regards matters (7) Banks; within its competence and has signified its agreement: (8) Organizatio'l of irr:.ports and exports. Now therefore the French Resident in the Fezzan 4. (1) Nothing in thi~ Proclamation shall vest in hereby proclaims as follows: the Provisional Gov.:rnIilcnt any powers referred to in paragraphs (1) to (1 1 ) ::md (131 to (22) of Article 36 1. This Proclamation may be cited as the 'l'ransfer of the Libyan Constitlli !~)n (lr any powers referred to of Powers (No. 3) Proclamatic_l. in paragraphs (l0) to ( .J) of Article 38 of the Libyan 2. The Provisional Government of Libya shall have Constitution; exclusive competence, and shall possess legislative and (2) All such powers s::iaE continue to be exercisable executive powers, with respect to the following matters, in accordance with the ': '"ansitional Powers Procla­ that is to say: mation; (1) Meteorology; (3) Powers other than the powers specified in (2) Posts and telegraphs, telephones, wireless, federal paragraphs Cl) and (2) of this Article with regard to brondcasting and other forms of federal communication; which the Transitional Powers Proclamation shall (3) Federal roads and other roads decided by the continl:~ to have effect, shall be transferred in accor­ Provisional Government, after consultation with the llance with the provisions of this Proclamation. Provinces, not to belong to a particular Province; (4) Construction and control of federal railways, Dated at Sebha this 15th day of December 1951. after agreement with the Provinces which they cross; (Signed) CAUNEILLE

117 A/AC.32/CounciI/R. I8I. French Resident

34 Annex VII

CYRENAICA AND TRIPOLITANIA (TERMINATION OF ADMINISTRATION) ORDER IN COUNCIL, 1951

At the r.ourt of Buckmgham Palace, the 4th Day of December, 1951

Present: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL

Whereas by the Cyrenaica and Tripolitania (Admi­ was provided that Libya, comprising Cyrenaica, Tripo­ nistration) Order in Council, 1949 (hereinafter referred litania and the Fezzan, should become an independent to <~s "the Principal Order"), provision was made for and sovereign State on completion of the action the t:xercise of the authority of His Majesty in each prescribed by the said resollltions with a view to the of the territories of Cyrenaica and Tripolitania by a independence of Libya becoming effective; Chief Ac1:ninistrator appointed for that purpose by, And whereas all such action wili shortly be and responsible to, His Majesty's Principal Secretary completed; uf State for Foreign Affairs; And ,vheN~as the Principal Order was amended in Now therefore, His Majesty, in exercise of all its applicatioh to Cyrenalca by the Cyrenaica and powers enabling Him, in that behalf, is pleased, by Tripolitania (Administration) (Amendment) Order in and with the advice of His Privy Council, to order, Council, 1949; and it is hereby ordered as follows: And whereas the Principal Order was amended in Short title its application to Tripolitania by the Cyrenaica and Tripolitania (Administration) (Amendment) Order in 1. This Order may be cited as the Cyrenaica and Council, 1951 ; Tripolitania (Termination of Administration) Order in And whereas provision was, inter alia, made by the Council, 1951; two amending Orders in Council aforesaid that the title of the Chief Administrator in Cyrenaica and Termination of authority Tripolitania respectively should be changed to that of 2. The authority of His Majesty in Cyrenaica and British Resident; Tripolit&nia shall terminate on such date as shall be And whereas by resolutions adol '~, in pursuance proclaimed in those territories by the respective of the Joint Lcclaration which forms Annex XI of the British Residents therein as the date on which all action Treaty of Peace with Italy signed on the 10th day of prescribed to be taken in those territories in Older that February, 1947 (a), by the General Assembly of the the independence of Libya may become effective has United Nations on the 21st day of November, 1949, been completed. and the 17th day of November, 1950, respectively, it (Signed) F. J. FERNAU

Annex VIII

THE ELECTORAL LAW FOR THE ELECTiON OF THE LIBYAN FEDERAL HOUSE OF REPRESENTATIVES'lB

PART I (c) That he has had his normal residence in Libya The Libyan for a period of not less than ten years. 1. Every person who resides in Libya and has no Definition of residence other nationality or is not the subject of any other 2. For the purpose of the elections, the residence of State, shall be deemed to be a Libyan if he fulfils one a person shall be the place in which he normally of the following conditions : resides, or the place of origin. within his Province, of (a) That he was born in Libya; his family. (b) That either of his parents was born in Libya; Qualifications of electors

118 AIAC.32/CounciI/R.177 and Corr.l. 3. Every male Libyan who has completed his

35 twenty-first year (Gregorian) shall he entitled to vote (2) Subject to the provisions of sections 57 and 61 unless he is a person who: of this law, parts I, II and HI of this law shall apply (a) Is a lunatic; or to elections in Urban Electoral Districts only. (b) Has been declared to be a bankrupt and hus not A ppoimmem of Supervisor of Elections been discharged; or (c) Is serving a term o~' imprisonment. 9. 0) The Minister of Justice shall appoint a person to be known as the Supervisor-General or Qualifications of candidates for election Elections. The Minister shall have power to issue to all election officers such directions as he may deem L Subject to the provisions of sectio'~s 5 and 23 of necessary to ensure effective execution of the provisions this law, every male persun who has completed his of this law ; and shall also have power either personally thirtieth year (Gregorian) and who is inscribed upon 'lr by delegation, to administer any oaths required to the electoral rolls of a District witilin his Province be taken under this law. shall be qualified to be a member of the House of (2) The Supervisor-General shall exercise general Representatives. direction and supervision over the administrative Royal Famity disqualified for election conduct of elections to the House and enforce on the part of all election officers fairness, impartiality and 5. All persons who are members of the Royal Family compliance with the provisions of this law. shall be dis,·talified fo!" election as members of the P. use. A ppointmem of Provincial SupervIsors iVumher oj eiected members uf the Huuse 10. The Minister of Justice shall, after consultatiOn with the Supervisor-General, appoint Provincial Super­ 6. The number of Deputies shall be on the basis of visors to represent the Supervisor-General, where one Deputy for every twenty thousand inhabitants or necessary, in each of the three Provinces of Lioya. fraction of that number exceeding half; provided that and to assist him in the discharge of his duties, the number of Deputies in any of the three Provinces shall not be less than five; and provided that, in the A ppointlllent of Rpgistering IInd Returning Officers first elections to the House of Representatives and 1:. tl) The Minister of Justice shall appoint by until a cen~us of the Libyan people has been held, the name or by office such number of officers a3 may be Province of Cyrenaica shall have fifteen Deputies, the required to act as Registering and Returning Officers Province of Tripolitania thirty· five Deputies, and the ror each town dectoral district. Province of Fezzan five. (2) An appointment made by the Minister of Justice I:..'lectoral system under this section may be revoked by him at any time. 7. (l) The Provinces of Libya shall be di'.ided up, Appointment oj persons to assist Registering and as may be necessary, into Urban Electoral Districts Retllming Officers and Rural Electoral Districts. 12. The Supervisor-General of Electior may ap­ (2 \ Both Urban Electoral Districts and Run:! Elect­ point such persons as may be necessary to assist oral Districts shall be sub-divided, as may be necessary. Registerin~ Officers and Returning Officers in the intu constituencies or tribal units, each containing, as dischar, f their duties. near as may be, twenty thousand inhabitants; provided that the Minister of Justice shall in the case of the Registration of electors Province of the Fezzan, determine its five constituencies 13. (1) As soon as may be after the publication of w: . ,out any reservation regarding the aforesaid number the Urban Electoral Di~ ricts, constituencies and of inha: Hants. polling districts of Libya under section 8 of this law, (3) For purposes er voting, constituencies (or corres­ th!.': Minister of Justice shall cause a public notice to ponding tribal !~nits) will be sub-divided into polling­ be published in each of the thr~e Provinces of Libya districts, in each of which a polling-station will be calling upon each person who is qualified to be an situated. No polling district shall contain more than elector in anyone of the town electoral districts into 3,500 elector~. which the country is divided, and who wishes to have his name ir.cluded in the electoral register of that Urban etc:ctoral districts, constituencies m.d jJolliJ1.~ district, to forward his 2pplication to the Registering districts Officer of the polling district in which he resides so as 8. (I) The Minister or Justice of the Federal to - ·~h that office, within a period of three weeks \.Jovernment shall, after seeking guidance from the t'mll. the date of such notice. Upon receipt of an Provinces, specify, by public notice, the names and application. the Regi~tering Officer shall give a receipt boundari;:s of the Uro,1n Electoral Districts, con­ ror it to the applicant. stituencies and polling districts of Libya. He may, if (2) Any such application may be in the form of necessary, assign distinguishing letters to constituencies s:hedule No. I to this law and shall be signed, or or polling districts. marked by th.: applicant, if he is unable to write, in

36 thL: prcscnce of a person ablc to read and write Arabic, (3) If the qualification of such person is not proved. of not less than twenty-onc years of age, who shall the name of such person shall be expunged from the sign the application as witness to the applicant's Register. If the qualification of such person is so signature or mark. proved, the name of such person shall be retained on (3) Upon the expiration of the period referrec' to in the Register. subsection (1) of this section and within one week from (4) The decision of objections shall be the respon­ such expiration, the Registering Officcr of each polling sibility, in every case, of a committee to be appointed district shall prepare a separate electoral register of by the Minister of Justice. It shall consist of the each polling district in such form as may be prescribed Registering Officer, a judge and one notable of the by the Supervisor-General. district. In the event of disagreemem between mem­ (4) In preparing the aforesaid register, the Regist­ bers of the committee, the opinion of the majority shall ering Officer shrJl include therein the name of every prevail. eligible person normally resident in his polling district (5) For the purpose of sub-section (4), the expression from whom an application made in accordance with "judge" shall include a judge in the civil and penal the requirements of sub-section (2) of this section has Tribunal, or Court of Appeal, the Qadi of a Sharia been received. The Registering Officer may also Court and the President and members of an Ahliyya include in the Register the name of any person Court. normally resident in his polling district who appear:. to him to be qualified for registration, even though Certification of th" Register such person has failed to make application as aforesaid, and the Registering Officer "hall make such enquiries 17. As soon as may be after the Register has been completed as provided in section 13, the Registering as he may think fit for this purpose. Officer shall certify the Register to be, to the best of (5) No person shall be registered in more than one his knowledge and belief, a true and correct Register constituency or in more than one polling district in of electors in his polling district. any const~tuency. Completion of Registers Annual revision of Registers 14. (1) On completion of th,: Register, the Regist­ 18. (a) On or before the first day of January in ering Officer shall cause the aforesaid Register or copies each year following the year in which the thereof to be exhibited in one or more of the govern­ Register for any electoral district is first ment offices in the district. certified under this law, the Minister of (2) The Registering Officer shall thereupon, by Justice shall cause a Notice to be published means of a notice to be posted in a conspic'10US place in the Gazerte and in one or more news­ on Government offices, etc., in his polling district, give papers calli'1g upon every person who notice that the aforesaid Register or copies thereof are (i) Being entitled to have his name entered on the open for inspection in the places referred to in sub­ Register, is not registered in any Register: )r section (l) and that any person whose name appears (ii) Being already registered, is desirous of having in the Reg;ster may object to the inclusion of his own his name entered in the Register of some other name or the name of any other person therein in pofling district by reason of change of residence. accordance with the procedure prescribed hereunder; and that any person whose name has been omitted To forward his application for registration to the from the Register after he has submitted an application Registering Officer of the cOGstituency in which he and obtained a receipt therefor may request that his resides so as to reach him not later than thirty days name be entered in the Register. from the date of the publication of the aforesaid Notice in the Gazette. Objections (0) The plY ';,ions of sections 15 and 16 of this law 15. Objections made under section 14 shall be in shall U, ply nIutatis mutandis to all application' writing and shall reach the Registering Officer not later for rtgistration or change of registration under than two weeks from the date of publication of the this section. Public Notice under section 14 (2). 'r') The Registering Officer of each constituen'y sha.lI Proof of objection expunge from the Register the name of any person who is proved to his satisfaction to he 16. (1) Where objection is made to the inclusion dead or disqualified under section 3. of any name in the Register, the Registering Officer shall call upon the objector to give prima facie proof of the grounds of the objection. Certification of revised Registers (2) If such proof is given tlw Registering Officer 19. As soon as may be after the annual reVlSlOn of shall require proof of the qualifL:ations of the person the Registers has been completed, the Registering in regard to whom objection has been made and may Officer shall certify the revised Register to be, to the make such inquiries to this end as may appear to h~m best of his knowledge and belief, a true and correct necessary. Register of electors in his constituency.

37 ~'''''~

PART 11 showing that he possesses the qualifications required for election as a member of the House of Represent­ ISSUE OF WRITS AND NOMINATION OF CANDIDATES atives. This statement may be in the form set out in Number of members for each Constituency schedule No. 4 to this law. Should this statement not be delivered to the Returning Officer, the nomination 20. Each Constituency s~!all return one Deputy to of such candidate shall be void. serve in the House of Representatives. Proceedings on nomination day Writ of election 24. Cl) The Returning Officer shall, by means of n 21. (1) For the purpose of every general election of notice to be posted in a conspicuous place on govern­ members of the House of Representdtives and for the ment buildings in the electoral district in question, purr:.;scs of the election of members to supply vacancies notify the time and place at which nomination papers cal,sed by death, resignation or otherwise, the Minister may be delivered to him, and shall attend at that place, of Justice shall issue such number of writs as may be at the time indicated, to receive nomination papers and required addressed to the Returning Officers of the the statement of the candidate's qualifications. respective urban districts of which members are to be (2) The documents referred to above may be deliv­ returned. ered to ihe Returning Officer at the time and place (2) Every such writ shall be, as nearly as may be, referred to in sub-section (1) of this section, by the in the form shown in schedule No. 2 to this law. candidate or by his proposer or seconder. If not (3) Upon the receipt or such \"Tit every Returning delivered at the prescribed time and place they shall Officer shall proceed to hold the election in the manner be deemed to be null and void. hereinafter provided. (3) The Returning Officer sh:1I1 forthwith cause a Notice of times and place of nomination copy of tile nomination paper to be posted up in a conspicuous position outside the place of nomination. 22. Upon the issue of a writ the Returning Officer shall give information thereof by means of a notice to Deposits by candidates be posted up in a conspicuous place on government 25. (1) The candidate, or some person on his behalf, buildings in the town electoral district to which the shall deposit with the Returning Officer between the writ relates, and shall likewise give notice of the day date of the issue of the writ and mid-day on the day and place of nomination of candidates for election, at of nomination, the sum of fifty Libyan ponds, and in least ten clear days before the day fixed for such default of such deposit being so made the candidate nomination. shall be deemed to have withdrawn his candidaturc. Nmlinatioll of papers (2) Until the day of coming into force of all the 23. Cl) Subject to the prOVISIOns of section 5, any provisions of the Libyan Currency Law, the Libyan person \\ho posscsses the qualifications set out in Pound shall, for the purposes of this law, mean-in section 4 and '¥ho is qualified to vote in a Constituency Tripolitania: 480 Military Authority Lire; in Cyre­ and who is willing to stand for election, may be nomi­ naica: 0.975 Pounds Egyptian; in the Fezzan: 980 nated as a candidate for that Constituency; provided Algerian Francs. that an elector registered in an Urban Electoral District (3) The Returning Officer shall forthwith give a me y be a candidate in any Constituency in that Urban receipt for the said sum and shall pay the same into Electoral District or in any other Constituency in which the Treasury. he has his place of origin provided that it is situated Return of deposit in a district within the Province in which he is registered. 26. The deposit paid to the Returning Officer shall (2) No person may be nominated as a candidate for be returned to the candidate or to the person who has more than one Constituency. paid the deposit on his behalf upon the occurrence of any of the f(.'lowing circumstances: (3) Each candidate- shall be nominated by means of a nomination paper to be supplied by the Returning (a) If the candidate for election is not nominated; Officer on application therefore at his office. Th<:> (b; If the candidatc withdraws his candidature within nomination paper will be signed by two persons as the specified period; proposer and seconder respectively and by not less (c) If the candidate e1ies, in which case it shall be tl: an four other persons, all of whose names must returned to hI. .... -ll personal representative, or appear in the register of electn~s for the Constituency if n,"""It made by him, to the person' by whom it for which the candidate seeks election. No person was made. shall sign the nomination papers of more than one candidate. The written consent of the candidate must Forfeiture of deposit be endorsed on the nomination paper, which may be 27. If a candidate who has made the required in the form set out in schedule No. 3 to this law. deposit or on behalf of whom the deposit has been (4) Each candidate shall, at the time of his nomi­ made, is not elected and the number of votes polled nation deliver to the Returning Officer a statement by him does not exceed one-eighth of the total number of votes polled in his constItuency the amount deposited (4) For the purposes of sub-section (1). the expres­ shall be forfeited and paid to the general revenue. sion "judge" shall include a judge of the civil and Rctllrn of deposit to elected members penal Tribunal, or Court of Appeal, the Qadi of a Sharia Court and the President and members of an 28. (I) In cases where the candidate is elected. the Ahliyya Court. sum deposited shall be returned to him or to the person who has paid the deposit on his behalf. as SOO.I Voluntary withdrawal of candidature as he has made affirmation as a nlember of the House 31. A candidate may before one o'clock in the of Rcpresentatives. afternoon on the day of nomination. but not after­ (2) In cases \vhere the candidate has not been wards. voluntarily withdraw his candidature by tender· elected but has polled more than one-eighth of the ing to the Returning Officer a notice signed by him to total number of votes, the sum deposited shall be that effect. Thereupon. the Returning Officer sha11 returned to him or to the person who has paid the cause notice of such withdrawal to be posted in a deposit on his behalf, as soon as possible after the conspicuous place outside his office. result of the election has been declared. Objections to nomination papers PART In (1) 29. Objection to the nomination of a candidate THE CONDUCT OF ELECTIONS in a Constituencv may be made within forty-eight IN URBAN ELECTORAL DISTRICT~ hours from mid-day on the day of nomination by a person registered as a voter in that Constituency on Ullconfrsted elections all or anv of the following grounds: 32. If. after all objections which may have been (a) Thnt the descrintion of the candidate is insuffi­ lodged have been decided bv the Returning Officer's cient to identify the candidate: Committee. no more candidates stand nominated for (h) That the nomination paper does not comply with that constituency than there are vacancies to be filled. or was not delivered in accordance with the the Returning Officer shall forthwith declare the nomi­ provisions of this Jaw: nated candidate or candidates to be elected. and shall (c) Thnt it is anpnrpnt from the contents of the nomin­ forthwith make a return. which may be, in the form rttion panel' that the cnndidate is not capaQJe of of schedule No. 5 to this law. to the Supervisor General hpimr ejected a member of the House of who shall cause the name or names of the member or Representatives: members so elected to be published. (d) Thnt the candidate is not eligible to stand for Contested elections ejection for that Constituency in accordance with section 23 : 33. (1) If. in any constituency after the decisions by (e) Thnt the necessary deposit hns not been n~id in the Returning Officer's Committee of any objections which may have been lod!:!ed, more candidates stand nccordance witll the provisions of section 25 of ~than this Jaw. nominated for that district there are vacancies to be filled, the Returning Officer shall forthwith take (2) N"o obiection to n nominntion panel' shaH be steps to enabJe an election to be heJd in accordance :li]owpd llnJess mnde to the Retnrning Officer within \vith the pro' sions of this law. and may a110t to each the neriod snecified in sub-section (1). candidate-a symboJ approved by the Supervisor General. (3) Everv obiection shall be in writin!:! si!:!ned bv (2) Immediately after the decision of objections. the thp ohiector and shnll snecifv the !!round of obiection : Returning Officer shall report to the Supervisor General nrovided that. if the obiector is illiterate. it must bear that the election is contested. sending to him a state­ his thumb-print and the signature of two witnesses. ment showing: Drcision on objection (a) The symbol, if any. allote-.. to each candidate; 30. (1) The decision of objections to nomination (h) The situation of each polling station in the electoral papers shall. in every case. be the resno,.sibilitv of n district. committee to he mmointed by the Minister of .lustice. (3) Upon receipt of this report, the Supervisor Gem:­ Tt sha11 consist cif the Returning Officer. a judge and ral shall cause to be published a notice specifying: onc notable of the district. (a) The constituency in which the election is contested; (2) Upon rerPlpt of an objection. the committee (b) The date on which the poll will be taken: ~hall decide on its validity and inform the candidate of (c) The names of the candidates together with the their decision and. if th~ objection is upheld. of the grounds of their decision. In the event of disagree­ symbol alloted to them; ment between memhers of th"" committee. the opinion (d) The situation of the j,olling station or polling of the majority shall prevail. stations in the constituency in question. (3) The decision of the committee allowing or (4) If. in any constituency. a duly nominated can­ disallowing the objection sha11 he final nnd without didate shall die before an election can be held. the appe,al Supervisor-General shall cause the election in that

39 constituency to be postponed for a period not exceeding Voting by ballot fifteen days and shall arrange afresh for the nomi­ 39. Voting shall be by secret ballot by means of nation of a candidate for that constituency in accord­ a voting token, which shall not be identifiable by indi­ ance with part II of this la\\'. vidual mark, and which shall be issued direct to the Presiding Officers at elections voter in the polling station by the person in charge. It shall not be signed or marked by the voter. 34 (1) Each Returning Officer may, with the approval of the Supervisor-General appoint one or more persons, Voting tokens known as presiding officers, whose duty it shall be to preside at each polling station in the Returning Officer's 40. The person in charge of the polling station electoral district. The Presiding Officer is responsible shall be given a number of voting tokens approximately for ensuring that all proper arrangements are made for equal to the number of voters on the roH in that poIling the conduct of the poll in his polling station. The district, and shall sign a receipt for them. Presiding Officer shan be supplied with a copy of that Voter's name to be checked with electoral roll part of the register of electors containing the names of the electors assigw' j to his polling station. 41. Before a voting token is issued to a voter, his (2) The Returning Officer may, if he thinks fit, act name shall be checked with the electoral roll; and a himself as the Presiding Officer. mark shall be made against the name of every voter to whom a voting token is issued. (3) The Committee appointed for the hearing of objections under section 16 (4) shall assist the Presiding Voter to appear in person Officer to supervise the proceedings in the polling 42. No vote is valid unless the voter appears at station on election day in order to facilitate the conduct the polling station and casts his vote in person. No thereof. one shall cast a vote on behalf of another person on Duties of Presiding Officer any pretext whatever. 35. It shall be the duty of the Presiding Officer or Ballot boxes of the Returning Officer when acting as a Presiding Officer: 43. (1) In the voting room of each polling station there shall be placed a number of ballot boxes equal (a) To ensure that a notice shall be fixed in a con­ to the number of candidates; and the name of one of spicuous place outside the poIling station ~howing the candidates, together with such other mark of iden­ the T"lme of each candidate and, where' ssary, tification as the Returning Officer shall think fit, shall the symbol allotted to him; be prominently displayed on each of the ballot boxes. (b) To provide at each polling station such facilities as Each ballot box shall have an aperture large enough will ensure that electors are enabled to cast their to receive a voting token. votes free from observation; (2) The Presiding Officer shall immediately prior to (c) To keep order in the polling station: the opening of the poll satisfy himself, in the presence (d) To exclude all persons from the polling station of the Committee assigned to his polling station, that save the following: the ballot boxes are empty. He shall then loek them fi) Candidates or representatives of candidates: and place his seal upon them in such manner as to (1i) Election officials; prevent them being opened without breaking the seal. (iii) Police officers on duty; Only the apertures shall be left open for the receipt of (iv) Any person officially employed at the polling votes. station. Procedure for voting Misbehaviour of vote·s in the polling station 44. (1) After his name has been checked against 36. If any person misconducts himself in the polling the roll each voter shall be given one voting token station, or fails to obey the lawful orders of the Presi­ only, and the procedure for voting shall be explained d:ng Officer, the latter'may call upon any police officer to him. in or near the polling station to remove such person (2) The voter shail then enter the voting area alone from th~ s'ation, and the Dolice officer shall thereupon and cast his vote by dropping his voting token into the remove that person, who may not, without the permis­ ballot box of the candidate he favours. sion of the Presiding Officer re-enter the polling station. (3) Any vote which is not recorded exactly as requi­ ,1ight to vote red by this rule shall be invalid. 37. Only such persons as are included in the elec­ Spoilt voting tokens toral roll of the polling district in which the polling station is situated may vote at that polling station. 45. A voter who satisfies the Presiding Officer that he has inadvertently dealt with his voting token in such List of candidates' to be displayed a manner that it cannot conveniently be used as a 38. A list of the duly nominated candidates shall voting token shall upon surrendering the spoilt token be prominently displayed in the polling station. to the Presiding Officer be given a fresh voting token,

40 and the spoilt voting token shall immediately be can­ of one vote would entitle any of the candidates to be celled by the Presiding Officer. declared elected, the determination of the candidate to whom the one additional vote shall be deemed to Closing of poll have been given shall be made by lots in the presence 46. (1) No voting token shall be delivered to a of the Returning Officer and his committee in such voter after the hour fixed for the closing of the poll. manner as they ~hall determine. But if at the hour aforesaid there is in the polling station anv voter to whom a voting token has been delivered, Declaring result of poll su~h voter shall be allowed to record his vote. 51. When the counting of votes has been completed (2) Should it be found impractiuble to proceed to the Returning Officer shall, subject to the provisions the counting of the votes recorded on the same day as of sections 49 and 50 hereof, forthwith declare the the poll, all unused and spoilt voting tokens.' the candidate to whom the greatest number of votes has register of electors and other documents, together with been given to be elected, and shall, as soon as may be th~ sealed ballot boxes, shall be placed in ~a place of thereafter, inform :the SuperviSal General, who will safety for the night by the Presiding Officer, in the cause the nane or names of the member or members presence of his Committee, and the votes shall be so elected, to be published. counted the next day at such time and place as the Returning Officer may prescribe, prior notice thereof Disposal of election papers being given to the candidates. 52. After the declaration of the result of the elec­ COllnting of votes tion the Returning Officer shall seal up the ballot papers and all other documents relating to the election (excep­ 47. At the counting of votes the following pro­ ting the electoral rolls) and retain the same for a period cedure shall be observed: of six months and thereafter shall cause them to be (a) Each candidate may appoint an agent to attend destroyed. unless otherwise directed by order of the the counting of the votes; Supervisor General. (b) The Returning Officer, his committee, assistants and clerks, together with the candidates or their agents for counting, but no other person save with PART IV the sanction of' the Rcturning Officer. may be present at the counting of the votes; PROCEDURE IN RESPECT OF ELECTION (c) The Returning Officer shall then, in the presence OF REPRESENTATIVES IN RURAL DiSTRICTS of the committee, open each ballot box, or box~s. place the voting tokens in one heap and then Election procedure in rural districts proceed to count the votes. marking as reiected 53. Notwithstanding anyting to the contrary in the any ballot paper found to be invalid in accordance preceding sections of this law. the following provisions with section 48 of this law. shall have effect regarding the procedure to be followed (d) The Returning Officer shall take such steps as he for the election of members to represent rural districts may cons.;der necessary to check the number of in the House of Representatives. voting tok~ns in the ballot boxes against either the number of unused voting tokens 0; the number of R lIraZ Electoral Districts voting tokens issued in each polling station as 54. The Minister of Justice of the Federal Govern­ found in accordance with section 41. ment shall, after seeking g'idance from the Provinces, Votes to be rejected specify by Public Notice, the names, and, where possible, the boundaries of the Rural Electoral Dis­ 48. Any voting tokens which appear to be not tricts and Constituencies (or corresponding tribal units) properly authenticated or in any way irregular. shall and polling districts of Libya. be shown to the Returnillt; Officer, who. with his committee shall decide whether it is valid or not. Any A ppoil1tment of election officials in rurot districts voting token found to be invalid shall not be included in the count. 55. Cl) The Minister of Justice shall appoint such number of literate persons acquainted with tribal Recount of votes customs and procedure, as may be required, to perform 49. Should the candidate or his agent ask for a the duties of Returning Officers and Registering Offi­ recount of the votes, the votes cast shall be counted cers in Rural Electoral Districts. again before the Returning Officer declares the result (2) Returning Officers and Registering Officers shall of the election. perform their duties subject to the instructions of the Supervisor-General uf Elections and of Provincial Equality of votes Supervisors. 50. Wh~n the number of votes cast between any (3) The Supervisor-General of Elections may also of the candidate is found to be equal and the addition appoint such persons as may be necessary to assist

41 Returning Officers and Registering Officers in the CO/ltested elections discharge of their duties. 60. Il there are more candidates nominated than (4) It shall be the duty of each Registering Officer, there are vacancies in any constituency, or equivalent as soon as he shall receive instructions from the tribal unit, the following procedure shall be observed: Supervisor-General of Elections to that effect, to draw up a list of male members normally resident in the (I) The Returning Officer of the Constituency polling district to which he is appointed possessing the concerned shall furnish each Registering Officer in his qualifications referred to in section 3 of this law. A Constituency with a list containing the names of the candidates nominated. Thereafter the Registering Registering Ollicer may make such enquiries as he may chief~ think fit for this purpose and his decision as to whether Officer shall, with the help, if necessary, of the a member of his district is qualified to vote shall he or sub-chiefs of the tribe concerned, call together ~hc final. electors, whose names arc on the list prepared by him under section 55 (4), upon the day appointed for the {ssue of writs for elections by tribes election, and enquire from each of them in turn, in the presence of the Committee apointed under sections 16 56. The Minister of Justice shall, for the purpose (4) and 59, for whom they wish to vote. The Regis­ of every general election of members of the House of tering Officer shall thereupon, in the presence of the Representatives to represent rural electoral districts, aforesaid Committee, write down the name of the can­ and for the purpose of the election of members to didate for whom each tribesman wishes to vote opposite supply vacancies caused by death, resignation or other­ the name of the tribesman in question in the list afore­ wise, issue such number of writs as may be required, said, and such entry shall be deemed a duly recorded which writs shall be, as nearlv as may be, in the form vote as though the tribesman had completed a ballot shown in schedule 2 to this law,'addre ,ed to the paper under the provisions of section 44 of this law. Supervisor-General of Elections, who snaIl transmit (2) At the counting of votes, the Committee set up them to the Returning Officers, and the Returning in accordance \vith sections 30 (l) and 59 shall, in the Officers shall thereupon explain the contents thereof. presence of the Registering Officers and of the chiefs including the date. time and place of nomination and or sub-chiefs, count up the number of times the name election of candidates. to the tribal chiefs and sub­ of each candidate has been entered on the list, and chiefs, w11-8 in turn shall explain the same to the tribes­ the candidate obtaining the highest number of entries men. Returning Officers may employ the services of in the Constituency (or corresponding tribal unit), shall Registering Officers to assist them in these, and other be declared by the Returning Officer to Le the duly duties. elected representative for the Constituency (or corres­ ponding tribal unit) concerned. A pplication of other sections 57. The provisions of sections 1, 2, 3, 4, 5, 6, 7, Application of other sections 9, 10, 13 (5), 15. 16. 17. 18, 19, and of 20, 23, 25, 61. The provisions of sections 33 (4), 36, 37, 42, 26, 27, 28, 29. and 30 of this law shall apply mutatis 46, 47 (a) and (b), 49, 50, 52 of this law shall apply mutandis to elections in Rural Electoral Districts; mutatis mutandis to elections in Rural Electoral provided that. in the said Rural Electoral Districts, Districts. nomination papers (schedule 3) and written declara­ tions (schedule 4) need not be completed; and provided also that, in the said Rural Electoral Districts, objec­ PART V tions made under sections 15 and 29 need not be in {rregularities writing. 62. If during the elections and before the counting Withdrawal of candidature of votes any discrepancy or irregularity has occurred 58. In Rural Electoral Districts, a candidate may which might in the opinion of the Returning Officer withdraw his candidature within five days from mid-day and his Committee have affected the result, they shaH on the day of nomination by notifying the appropriate enquire into the matter and forward a full report to Returning Officer to this effect. provided that no can­ the Supervisor-General, who shall decide whether or didate elected to the House under section 59 may not the election is valid. If it is not valid, he shaH thereafter withdraw his Lz:ndidature. order a fresh election to be held. The decision of the Supervisor-General in this matter shall be final. Uncontested elections in Rural Electoral Districts Validity of membership 59. If, in any Constituency or equivalent tribal unit, after the period allowed for objections has lapsed, 63. The House of Representacives alone is compe­ no more candidates have been p.ominated than there tent to decide upon the validity of the election of its are vacancies to be filled, the Returning Officer shall members, and any elector may object to the validity declare the candidature. or candidates v7ho have been of the election in his constituency by submitting a peti­ nominated to be duly elected members of the House of tion to the President of the House within ten days Representatives. from the date that the House is convened.

42 !Ilcompatibilit}, of Senators and others the purposes of this law, mean-in Tripolitania 480 Military Authority Lire; in Cyrenaica 0.975 Pound 64. (1) No Deputy may, at the same time, be either a Senator, a "Wali", a member of a Provincial Egyptian; in the Fezzan 980 Algerian Francs. Executive Council, a member of a Provincial Legis­ lative Council, a mayor, a member of a Municipal PART VII Council or the holder of any public office. All such OTHER ELECTION OFFENCES persons, if they are nominated as candidates for elec­ tion to the House of Representatives, shall immediately Election offences resign their posts. 69. Any person \vho : (2) For the purposes of this law, the expression (a) Intentionally enters a name in any electoral register "holder of a public office" shall be deemed to mean or part thereof or strikes out a name therefrom in all persons who are in receipt of a regular monthly contravention of the provisions of this Jaw or salary from the Government; provided that this defini­ intentionally fails to enter a name therein or strike tion does not conflict with the provisions of sub­ out a name therefrom, or section I; and provided also that it shall not include (b) By force or threats, directly or indirectly, prevents the Prime \1inister and Ministers of the Federal Govern­ an elector from using his right to vote or compels ment and also tribal Mustashars and Sheikhs. him to vote contrary to his wishes; Forfeiture of membership (c) Restrains the liberty of an elector in any way, or 65. Any member of rhe House of Representatives causes or threatens him material or moral harm, who is found not to possess the qualifications for injury or loss; membership or who ceases to fulfil the conditions for (d) Intentionally misleads an elector as to his free membership provided in sections 3 and 4 of this law, right of voting or to prevent him from using such owing to circumstances which were ~ither not dis­ right, or in any way personates an elector; covered until after his election of have arisen during his (e) Directly or indirectly gives, lends, offers or under­ term of office, shall forfeit his membership. The deci­ takes to give an elector money or benefit or any sion concerning such forfeiture of membership shall other thing to induce him to vote in a special be taken by the majority of all the memuers of the manner or to refrain from voting; House of Representatives. (f) Directly or indirectly accepts or asks for any money, benefit or any other thing for himself or any other Qualifications of members of the Senate person whether before, during or after the election 66. A Senator must possess such qualifications as for the purpose of using his vote for any parti­ are provided in Article 96 of the Constitution and in cular candidate, to abstain from voting or to induce subsections (a), (b) and (c) of section 3 of this law. to vote for any particular candidate or to abstain from voting; (g) Votes at the election knowing that his name has PART VI been entered unlawfully or wrongly in any electoral PUBLIC SECURITY DURING ELECTIONS register or part thereof; (h) Knowingly votes in the name of another or in the Public security name of a fictitious person; 67. The Minister of Justice shall be empowered, (i) Uses his right to vote more than once in one to issue orders regarding public security during the election; holding of elections; and to forbid any "'erson to carry (j) Steals, conceals, damages, spoils or forges an elec­ a firearm, stick, knife or other object capable of being toral register or part thereof, or an election paper, used as an offensive weapon within the vicinity of any or any other document relating to the conduct of polling statil1n or other electoral office. the election, or changes or seeks to change the result of any election by any means whatsoever, or Misbehaviuur iyo ~~II;'lg station with the intention of causing a new ballot to be 68. A per taken; Ca) Enters th aside for the ballot without (k) Enters the place set aside for the ballot carrying right of <.'. does not leave the place when arms of any kind; ordered to t.:; _.j oy the Presiding Officer; (l) Interferes with the freedom of an election or with (b) Misbehaves at the place set apart for the ballot and the orderly conduct thereof by the use of force, does not obey the orders of the Presiding Officer threats, or by taking part in any demonstration or in any way; by unseemly or riotous conduct; shall upon conviction by a competent Court be liable (m) Removes any box of ballot papers, or damages or to a fiue not exceeding ten Libyan pounds. Until the opens such box without legal authority; day of the coming into force of all the provisions of shall on conviction by a competent Court be liable to the Libyan Currency Law, the Libyan Pound shall, for imprisonment for a period not exceeding one year or

43 to a fine not exceeding one hundred Libyan pounds proVIsIOns of the Libyan Currency Law, the Libyan or both. Until the day of coming into force of all the Pound shall, for the purposes of this Law, mean-in provisions of the Libyan Currency Law, the Libyan Tripolitania 480 Military Authori~y Lire; in Cyrenaica Pound shall, for the purpose of this Law, mean-in 0.975 Pound Egyptian; in the Fezzan 980 Algerian Tripolitania 480 Military Authority Lire; in Cyrenaica Francs. 0.975 Pound Egyptian; in the Fezzan 980 Algerian The Libyan National Assembly approved this law. Francs. which was prepared by the Provisional Federal Govern­ Violating secrecy of ballot ment in accordance with article 204 of the Libyan Constitution and submitted for approval on the 20th 70. Any person who: October 1951 ; and, after making suitable amendments, (a) Infringes the secrecy of the ballot or the secret issued it as a law and empowered their President to of ail elector's vote without his permission; sign it and to forward it to the Government for pub­ (b) Publishes or spreads before or during the election lication in the Official Gazette and for implementation false statements regarding the conduct of a candi­ in respect of the elections to the first House of date, or his character in order to affect the result Representarives. of the election ; Issued in Tripoli on Tuesday the sixth of Safr Al shall on conviction by a competent Court be liable to Kheir 1371 corresponding to the sixth of November imprisonment for a p;.;riod not exceeding six months 1951. or to a fine not exceeding one hundred Libyan pounds (Signed) MOHAMED ABu AL ASAAD AL ALlM or both. Until the day of coming into force all the President of the National Assembly

SCHEDULE No. 1 (SECTION 13 (2)) SCHEDULE No. 2 (SECTIONS 21 AND 56)

TOWN ELECTOR,\L DISTRICT OF .... WRIT OF ELECTION Form of application to be forwarded in pursuance of a notification under Section 13 (2) By the Minister of Justice To the Registering Officer of the Polling District (give the name of the polling' district for which To the Returning Officer of the applicant is qualified to vote) Urban' I .. I apply to have my name inserted in the Register of Electors Rural' \ Electoral DIstrIct of . for the named district. I. My full name is . Whereas by sections 21 and 56 of the Electoral Law of 1951. (give name, Christian or other names in full, surname first) it is provided that for the purpose of every general election 2. My father's name is . of members of the House of Representatives and for the pur­ poses of the election of members to supply vacancies caused 3. All notices relating to this application should be sent by death, resignation or otherwise, the Minister of Justice shall to me at issue writs addressed to the Retu,ning Officer, of the respective Urban/Rural electoral districts for which members 2'(: to be (give full postal address) returned; 4. I declare in support of my application that : And whereas I think it expedient that writs should be issued (i) I am a Libyan (ii) I have completed my twenty-first year (Gregorian) on the for the election of members to serve in the House of first day of in this year. Representatives; (iii) I have been ordinarily resident at . (state exact address or addresses of residence in the elected And whereas the seat of the Electoral Member for the district) in the above-named electoral district for a period constituency of has become vacant in consequence of immediately prior to the first day of ; of ...... in this year. 5. 1 have not signed any previous application during the year Noli', therefore, I , Minister of Justice to be registered for the above electoral district. as aforesaid, do hereby require that, notice of the time and place fixed for the nomination of candidates having been first Dated the day of ...... 19 . duly given as required by law, you do on the . day of at in the said Urban/Rural Electoral District, (Signature or thumb print of :lpplicant) caUSe election to be made according to law, of a member to N.B. : No person can be registered who is: serve in the House of Representatives for the said constituency and that, if necessary, you do cause the name of such member (a) Serving a term of imprisonment; (b) Has been declared to be a bankrupt and has not when so elected to be certified to the Supervisor General of been discharged Elections not later than the . (c) Is a lunatic. (This application must be signed in the presence of a person (Signed) over 21 years of age who is able to read and WTite Arabic.) Minister of Justice

44 SCHEDULE No. 3 (SECTION 23 (3))00 SCHEDULE No. 4 (SECTION 23 (4)) URBAN ELECTORAL DISTRr T OF . URBAN ELECTORAL DISTRICT OF Nomination /- ..I-.1r'o We, the undersigned, electors for the constituency of Declaration of a person nominated as a candidate for election ...... do hereby nominate the following person as a as a member of the House of Representatives proper person to serve as member of the House of Represen- tatives for the said constituency of and we 1, . certify that to the best of our belief he is qualified for election of in the . as a member of the House of Re;.resentatives under the conditions prescribed by sections 4 and 23 of the Electoral of do sol"mnly and sincerely declare: Law of 1951. That I am duly qualified to be elected a member of the Surname Other names Address Occupation House of Representatives for this constituency and that: 1. I am a Libyan of the full age of thirty years and an Number on Register of Electors qualified to be registered as an elector for the election of ...... Signature ...... and distinctive letter of polling members of the House; district (if any). 2. I am not an undischarged bankrupt, nor a lunatic. nor Proposer . serving a term of imprisonment. Seconder . (Signed) . We, the undersigned, electors of the constituency of ...... hereby assent to the foregoing nomination: - Declared before me this day of l!i . I. . (Signed; . 2. 3. 4. 5. 6. SCHEDULE No. 5 (SECTION 32) 7. 8. Return where there are no more candidates than members 1, nominated in the foregoing nomina- to be elected tion paper hereby consent to such nomination as candidate for election as a member of the House of Representatives for the I certify that the member elected for the constituency of constituency of and name as my address for ...... is .. of (give address) serving of process and papers under the Electoral Law, (as in nomination paper) no other candidate having been nomi­ nated (or the other candidates having withdrawn, as the case Address . may be). Witness my hand this day of 19 Signed by the said nominee . Dated at this day of . in the presence of . (Signature of witness) (Signature of candidate) (Signed) Returning Officer.

Annex IX 'fHE STATUTE OF THE LIBYAN PUBLIC DEVELOPMENT AND STABILIZATION AGENCY AND THE STATUTE OF THE LmyAN FINANCE CORPORATION

Statute of the Libyro. Public Development by notice published in the Official Gazette and St9'. ~ i.a~on Agency of the United Kingdom of Libya, (ii) The constitution, powers and duties of the UNITED KINGDOM OF LIBYA Agency shall be in accordance with the It is hereby enacted by the Provisional Government Statute set out in the Schedule to this Law. of the United Kingdom of Libya: Execution of the Law Short title 3. The Prime Minister shall ensure the execution of this Law. 1. This Law may be cited as the Libyan Public Development and Stabilization Agency Law, 1951. THE SCHEDULE Statute of the Libyan Public Development and Stabili­ Establlshment of the Libyan Public Development and zation Agency Stabilization Agency Legal personality 2. (i) An Agency to be known as "the Libyan Pub­ lic Development and Stabilization Agency" ARTICLE 1 is hereby established with effect from such The Agency shall have full legal personality and, in date as the Prime Minister shall determine the performance of its functions may in particular

45 contract, hold and dispose of movable and immovable There shall be no limit to the funds which may be property. The Agency may also sue and be sued. allocated to the Development Fund.

Purpose of the Agency Activities of the Agency

ARTICLE 2 ARTICLE 4 Powers The purposes of the Agency are : (1) The Agency shall have power to: Ca) To promote and assist in the economic and social development of Libya by securing the investiga­ Ca) Investigate and formulate programmes and pro­ tion, formulation, financing and carrying out of pro­ jects designed to promote the economic and social grammes and projects for technical assistance and development of Libya; developing the resources of Libya with a view to the (b) Finance and carry out or assist in the financing expansion of production, especially the production of or carrying out of such programmes and projects, food and raw materials, and thereby raising the stan­ either through Libyan governmental agencies on agreed dard of living of the people of Libya; terms and cmditions, or through other bodies or per­ Cb) To assist by its activities in furthering the sons acting in that connexion under the control and stability of Libyan economy and especially, during supervision of the Agency; periods of drought or other periods of serious economic Cc) Finance and carry out or otherwise assist in such stringency, to secure necessary supplies by estab­ research activities, experiments, demonstrations and lishing reserves of food, by creating additional employ­ adult education schemes as may he considered neces­ ment and by making financial assistance available in sary or useful for the fulfilment ot its purposes; the form of loans or gifts; (d) Buy and store foodstuffs and dispose of them in Cc) To assist by its activities the long range balanced order to meet local demand during periods of drought growth of Libyan foreign trade and the achlevement or other periods of economic stringency; and maintenance of equilibrium in the balance of (e) Give assistance during such period,> to the inhabi­ payments. tants of Libya on a loan or relief basis or by providing employment on works carried out or financed by it ; Funds of the Agency (f) Carry out any of the activities mentioned in this ARTICLE 3 section in association with other national or interna­ Provision of funds tional agencies concerned with Libyan economic and social development and co-operate generally with such (1) The funds of the Agency shall consist of such agencies in activities consistent with its purposes. contributions as may be made by other governments to the Government of Libya, under agreement with General principles that Government, with the intent that they may be (2) In the performance of its functions, the Agency made available to the Agency. shall be guided by the following principles: Method of payment (a) The resources of the Agency shall be used exclu­ sively for the benefit of Libyan economic and social (2) Ca) Payment of contribution shall be made to development, with due attention to considerations of the Government of Libya in the currency of the con­ tributing State or in any other currency provided for economy and efficiency. Only economic and social ,..'onsiderations shall be relevant to its decisions; in the agreement between the government of the con­ tributing State and the Government of Libya. For the (b) The Agency shall give due consideration to purpose of calculating the value in Libyan currency general economic and social development plans of the of a contribution not made in : ibyan currency, the Libyan Government, including plans prepared by the rate of exchange shall be the ..:urient official rate of United Nations Technical Assistance Mission in Libya exchange at the date of payment; and accepted by the Libyan Governm0nt; (c) neL~ssary (b) Each annual payment shall be made to the The Agency shall take all steps to Government of Libya and shall be transferred by that co-ordinate the pbnning and the carrying out of its Government to the Agency. activities with those of other agencies concerned with the economic and social development of Libya, and The Development Fund (/!'tr;' the SCabflzZ'1tion Fund partlcularly the Libyan Finance Corporation, with a (3) Cont:ibuticl;l '. skJi b..: allocated each year in view to promoting through public development the the ratio ot thTF-e· 10VLl1,s to ~he Development Fund of maximum amount of private deve1.opment and avoiding the Agency and one-foluth to its Stabilization Fund, duplication of effort. It shall as far as practicable until the latter reachts,llc amount Jf 1,000,000 Libyan exchang(~ all relevant information with such agencies; pounds; from that time on, all contributions shall be (d) As a general rule, sum~ expended by the Agency allocated to the Development Fund, provided, however, on works undertaken on private properties which that if at any time the Stabilization Fund falls below increase the value of such properties shall be reimbur­ 1,000,000 Libyan pounds. it shall be replenished up to sable to the Agency on terms and conditions agreed that amount by renewed allocatiOn:> from contr;butions. beforehand between the Agency and the individuals

46 or bodies concerned, provided that, if the value of any cedure whereby in the interval het\veen two annual such property increases by less than the amount meetings, the Chairman, when he deems such action expended, the Agency shall not claim more than the to be in the best interest of the Agency. may obtain amount corresponding to the increased value as assessed a vote of the Board on specific questions without by the Agency. calling a meeting of the Board: (e) The Agency shall not be empowered to borrow (g) The Board may delegate to the Chairman or to money or raise loans. the General Manager authority to exercise any powers Organi.".ation and managemelll of the Board except the powers to : ARTICLE :; (i) Make general arrangements for co-operation with other natiC'nal or international <;l ~ncies (other Structure of the Agency than arrang..llents of a temporal;" or adminis- (1) The Agency shall have a Board of Direction. a trative character) ; Chairman of the Board of Direction. a General (ii) Appoint the General Manager or D~puty General Manager, a Deputy General Manager and such other Manager, as provided in section 4, paragraph (0) staff as may be required. of this article: Hoard of Direction (iii) Decide on the annual budget of the Agency or on (2) (a) All the powers of the Agency shall he Vt~~tcd the plan of activities referred to in paragraph (h) in the Board of Direction (hereinafter referred to as below; "the Board") which shaH consist of one member and (iv) Approve the annual statement of accounts; one alternate appointed by each of the governments contributing not less than ten tho118and Libyan pounds. (h) The Board shall give final approval to its annual or its equivalent in value, per annum to the Agency plan of economic development setting forth programmes in accordance vlith article 3. and one member and one and projects to be undertaken by the Agency only after alternate appointed by the Libyan Government. Each the Libyan Government has been consulted and its member and each alternate shall serve for three years. approval of the plan obtained. Similar consultation and may be reappointed provided that their term of will take place, and the approval of the Libyan Govern­ office shall expire if the government which has ment will be required, in the case of ~IllY alterations appointed them ceases to contribute to the Agency. or changes in these programmes or projects which No alternate may vote except in the absence of his involve major revisions in the approved plan of econ­ principal. The Board shall elect a Chairman from omic development of the Agency; among its members and it shall adopt its own rules (i) The Board and, to the extent authorized by the of procedure which shaH be approved by the Libyan Board, the General :Manager, may adopt such regula­ Government; tions as may be necessary or appropriate to conduct (b) The Board may invite appropriate representa- the activities of the Agency; tives of L~e United Nations and its specialized agencies CD Members and alternates shall receive no remu­ and of other international or national agencies provid- neration from the Agency except that they shall be ing technical or financial assistance to Libya to partici- reimbursed for reasonable travel expenses incurred by pate in its meetings in an advisory capacity. It may them in connexion with attendance at meetings of the also invite to its meetings such experts and technicians Board. in the employment of the Libyan Government or a Chairman of the Board Provincial Administration as it may consider necessary. (3) T!'1.e Chairman of the Board shall preside over provided that the consent of the Libyan Government the meetmgs of the Board and exercise, during intervals or of the Provincial Administration concerned has been between meetings of the Board, such functions and obtained prior to the invitation: powers as may be delegated to him by virtue of para- (c) The Board of Direction shall hold an annual graph (g) of section 2 of this 'lrticle or may be con­ meeting and such other meetings as may be requested ferred upon him hy the regulations provided for in by one or more members of the Board; paragraph (i) of section 2. of this article. He shall (d) A quorum for any meeting of the Board shall represent the Agency and act on its behalf as may be be the majority of the members provided that they appropriate. have two-thirds or more of the total voting power ~ General Manager, Deputy General Manager and staff (e) Each member appointed by a contributing govern- (4) (a) The General Manager, the Deputy General ment shall have one vote for every 10,000 Libyan Manager and staff of the Agency shall perform such pounds, or its equivalent, which the Government has functions as the Board may determine. The General undertaken to contribute in the year in question, in Manager and Deputy General Manager shaH be accordance with artide 3, and the Libyan member appointed by the Board, Which, subject to the approval , shall have voting power equal to that of the largest of the Government of Libya, shall determine their ~ single contributor for the year. All matters shaH be salaries and the other terms of their contract of I decided by a majority of the votes cast. In case of service; '? a tie, the Chairman shall have a casting vote; (b) The General Manager shall be the head of the i (I) The Board may, by regulation, establish a pro- staff of the Agency. Subject to the general control of l 4) the Board. he shall direct the activities of the Agenc: (d) The annual statement of accounts shall be sub­ and shall be responsible for the organization of its ject to approval by the Board. services and the appointment and dismissal of the staff, Placing of funds in accordance with such regulations as the Board may (7) The Agency shall hold its funds in a bank. or adopt; banks in Lib~'a designated by the Libyan Government. (c) The Deputy General Manager shall act for the Publication of reports General Manager during his absence :md shall have otherwise sucil functions as may be assigned to him by (8) (a) The Agency shall publish an annual report the General Manager; on the performance of its activities. This report shall contain a statement by the Auditor General ')f the (d) In appointing the staff. the General Manager Government of the United Kingdom of Libya on the shall, subject to the paramount importance of securing accounts; techn~cal the highest standards of efficiency and compe­ (b) The Agency may publish such other reports as tence, pay due regard to the special importance of it deems desirable to carry out its purpose., ; recruiting personnel from among Libyan nationals; (c) The General Manager shall circulate to members (e) The General Manager shall make ,>uch ~mange­ of the Board, at intervals of three months or less, a ments as may be suitable for the joint us~ of staff and summar" statement of the financial position of the the setting up of common administrative services and Agency'and of the progress of its activities. facilities with the Libyan Financial Corporation; (f) In the perform?nce of their duties, the officials vate of coming into force uf the Agency shall not seek or receive instructions ARTICLE 6 from any government or any other body or person This law shall come into force on the day of external to the Agency. They shall retain from any signature. action which may reflect on their position as officials Dated at Tripoli this 21st day of Rabie al Awa11371, responsible only to the Agency and shall avoid all corresponding to the 20th day of December 1951. political activities not permittec1 in the case of a Libyan (Signed) Mahmud MUNTASSER civil servant; (g) The Agency may avail itself, on agreed tern".s, of the assistance and of the services of such experts and Statute of the Libyan Finance Corpomdon technicians as may be made available to it by interna­ tional or national agencies concerned with the economic UNITED KINGDOM OF LIBYA an.d social dt,~~~Iopment of Libya; It is hereby enacted by the Provisional Government Location of offices of the United Kingdom of Libya: (5) (a) The seat of the Agency shall be established Short title in Libya; 1. This Law may be cited as the Libyan Finance (b) The Agency may establish regi'mal offices and Corporation Law, 1951. determint' the location of, and the area to be covered 2. (a) A Corporation to be known as "the Libyan by, each such regional office; Finance Corpon.tion" is hereby established with effect (c) When necessary, the Libyan Government will from such date as the Prime Minister shall determine make appropriate premises available to the Age~~y.' at by notice published in The Official Gazette of the the expense of the Agency by compulsory acqUIsItIon. United Kingdom of Libya; Budget accounts and audit (b) The constitution, powers and duties of the Cor­ (6) (a) The Agency shall conduct its actIVIties on poration shall be in accordance with the Statute set the basis <)f an annual budget, which shall include the out in the Schedule to this Law, subject to any amend­ estimate of the Agency's administrative expenses and ments made in pursuance of article 9 of the Statute. the estimate of all expenditure connected with activities Execution of the Law referred te in section 1 of article 4. The annual budget 3. The Prime Minister shall ensure the execution shall be subject to the approval of the Libyan Govern­ of this Law. ment; THE SCHEDULt a~d (b) The Agency shall keep proper accounts Statute of the Libyan Finance Corporation other records in relation thereto, and shall prepare ID respect of each year a statement of accounts in a form ARTICLE which shall be decided by the Auditor General of the Legal personality United Kingdom of Libya; The Corporation shall have full legal personality (c) The accounts of the Agency shall be audited and, in the perfornlance of its functions, may, in parti­ annually by the Auditor General of the Government of cular contract, hold and dispose of movable and the United Kingdom of Libya and his report shall be unmovable property. The Corporation may also sue made available to the Board; and be sued.

48 M1'lCLE 2 the approval of the Government of Libya and the Purpose General Assembly of the Corporation, the approval of The purpose of the Libyan Finance Corporation is the General Assembly being supported by two-thirds to assist in the economic and social development of of its votlng power. Libya by providing credit and expanding credit faci­ Activities lities for agricultural, industrial and commercial pro­ ARTICLE 4 jects and programmes in Libya. Fowers Capital of the Corporation 1. The Corporation shall have power to : ARTIr.~E 3 (a) Investigate the requirements of Libya for credit Constitution oj capital facilities and formulate programmes and projects to 1. (a) The initial authorized capital of the Corpo­ meet such requirements ; ration shall be 1,000,000 Libyan pounds, which shall (b) Encourage investment by granting loans on a be wholly open for subscription. It shall be divided medium or long-term basis to private or public under­ into 100 units of 10,000 Libyan pounds each; takings for t.he execution of agricultural, industrial and (b) Subject to the approval of the Government of commercial programmes or projects; Libya, the Corporation may decide to raise its author­ (c) Grant loans to agricultural institutions in Libya ized capital above the amount fixed in paragraph (a) with a view to expanding credit facilities available to above; small farmers, or arrange for the granting of loans for (c) The capital of the Corporation shall be open to this purpose through banks; subs;:ription only by such Governments, other than the (d) Grant loans, on a medium or long-term basis, Government of Libya, or by such agencies sponsored jointly with private banks in Libya on the basis of by those GovernII;lents, as are acceptable to the ~bared risks. Government of Libya. Every subscription of capital General principles shall he of one or more units. The number of units which may be subscribed J"ly any government or agency 2. In the performance of its functions, the Corpora­ shall be determinated in agreement betv'een the tion shall be guided by the following general principles : Government of Libya and the government or agency (a) The Corporation shall not utilize its powers to concerned, provided that a government or agency which influence the political affairs of Libya in any way, and subscribes units of the capital of the Corooration only economic or social considerations shall be relevant during the fuc;t year of its- existence shall have the to its decisions; option, until the Corporation has been in existence for (b) In planning and carrying out its activities, the five years, of subscribing from time to time thereafter Corporation shall give due consideration to general such further units of capital as will ensure that its economic and social development plans of the Libyan proportion of the total capital from time to time sub­ Government, including plans prepared by the United scribed remains the same as its proportion of the Nations Technical Assistance Missions in Libya and capital suhscribed during the first year. accepted by the Libyan Government; Limitation of liability (c) The Corporation shall take all necessary step! 2. The liability of each Government or agency sub­ to co-ordinate the planning and the carrying out of its scribing capital of the Corporation shall be limited to activities with those Ot other agencies concerned with the amount of capital which it has subscribed. the economic and social development of Libya, and, particularly, the Libyan Public Development and Method of rayment Stabilization Agency, with a view to avoiding duplica­ 3. (a) A.ll capital subscribed shall be paid up at tion of effort. It shall, as far as practicable, exchange the time of subscription; all relevant information with such agencies; (b) Payment of the subscribed capital shall be made (d) The Corporation shall operate along investment in Libyan pounds or, if a,cceptable to the Corporation, banking lines but shall grant loans at such low rates in the currency of the subscribing State or of the State of interest and on such easy terms as, in the opinion to whiclJ. the subscribing agency belongs. For the of the Corporation, are warranted by the economic purpose of calculating the value in Libyan currency and social conditions in Libya. In granting loans, the of a payment not made in Libyan currency, the rate Corporation shall be guided more by its purpose to of exchange shall be in the current official rate of assist in the economic and social development of Libya exchange at the date of payment. than by considerations of profit; (c) Payments shall be made to the account of the (e) The Corporation shall, as a rule, require an Corporation with a bank or other institution designated adequate security for the loans granted by it, but the by the Corporation. inability of an applicant to offer such security shall not necessarily result in a refusal of a loan, if, in the Restriction on iransfer d units of capitaL opinion of the Corporation, other considerations con­ 4. No Government or agency shall have the right siste1:lt with the purposes of the Corporation make the to transfer any units of capital which it holds without 10a'1 desirable;

49 (f) The l.'orpurutiun ~hull so ~olldul,;t its alt'airs as Din:dors or the powers hereinafter oonh:rn:u hl to ensure that its operations do not involve a diminu­ appoint members of the Board of Auditors Or the tion of its resources, taking one year with another. General Manager; A. dministration (c) Members of the Board shall receive no f6IDU­ Structure of the Corporation neration from the Corporation, but they shall be reimbursed for reasonable travelling expenses incurred 1. (a) The Corporation shall consist of a General by them in connexion with attendance at meetings of Assembly, a Board of Directors, a Board of Auditors, the Board; a General Manager and f Jch other staff as may be (d) The Board shall decide on its own procedure required; and shall elect a Chairman. Each member of the Cb) The Corporation may lltilize banks and other Board shall have one vote; institutiOI~S credit as agents for its operations and (e) The Board shall meet at least every two months arrange with such banks and institutions to accept part and whenever requested by the Chairman or t\\Ill or of th;;; risks involved. The Corporation's own staff more members. shall be of a limited size. Board of Auditors General Assembly 4. (a) One member of the Board of Auditors shall 2. (a) The General Assembly shall be composed be appointed by the Government of Libya. The other of one representative of each government or govern­ members shall be appointed by the General Assembly. ment-sponsored agency which holds paid-up capital The remuneration of the members of the Board of of the Corporation. It shall hold an annual meeting Auditors shall be determined by the General Assembly; and such other meetings as may be requested by one (b) The Board shall meet as a rule at least every or more of its members, provided they hold at least three months; one fourth of the paid-up capital. Voting power s~all be on the basis of one vote for each unit of paid-up (c) The Board shall elect a Chairman; capital held. The General /~ssembly shall decide on (d) The Board shall perform the functions allotted its procedure and shall -.:lect its chairman. Members to it in section 7 of this article. of the General Assembly :shall receive no remuneration General Manager from the Corporation but they shall be reimbursed for 5. (a) The General Manager of the Corporation reasonable travel expens.es incurred by them in con­ shall be appointed by the General Assembly after con­ nexion with attendance at meetings of the General sultation with the Government of Libya; Assembly; (b) The General Assembly shall determine the remu­ Cb) All powers of the Corporation shall he vested neration of the General Manager and the other terms in the General Assembly; of his contract of service; (c) The General Assembly shall approve the annual (c) The General Manager shall be the head of the budgets of the Corporation and shall approve an annual staff of th~ Corporation. Subject to the general plan of activities and the financial implications of such control of the Board of Directors, he shall direct the plan indicating the specific fields of the Libyan economy operations of the Corporation and shan be responsible in which the Corporation proposes to operate and the for the or,ganization of its s~rvices and the appointment oeneral types of loans the Corporation proposes to and dismissal of the staff in accordance with such regu­ ~ake; such plan shall beC0f11e operative only aftcr t~e lations as the Board may adopt; Libyan Government has been consulted and Its (d) In appointing the staff, the General Manager approval of the plan obtained. Sirnilar consultation shall, subject to the paramount importance of securing ~overn­ will take place, and the approval of the Libyan the highest standards of efficiency and of technical ment will be required, in the case of any alteratIOns or competence, pay due regard to the special importance changes in the approved plan which involve major of recruiting personn~l from among Libyan nationals ; revisions. (e) The General Manager shall make such arrange­ Board of Direclors ments as may be suitable for the joint use of staff and 3. (a) One member of the Board of Directors shall the setting up of common administrative services and be appointed by the Government of Libya. The other facilities with the Libyan Public Development ::<.nd members shall be appointed by the General Assembly. Stabilization Authority. The General Manager shall be the Secretary of the Location of offices Board; 6. (a) The seat of the Corporation shall be esta­ (b) The Board shall have such powers as are dele­ blished in Tripoli, Libya; gated to it by the General Assemhly; provided th at (b) The Corporation may establish regional ffices the General Assembly shall not delegate to the Board and determine the location of, and the area tu be the power conferred by paragraph (b) of section 1 of covered by, each such regional office. article 3 to raise the authorized capital or any power referred to in paragraph (c) of section 2 of this article Accounts and audits or the power to appoint members of the Board of 7. (a) The Corporation shall keep proper accounts

50 and other records in relation thereof. and shall prepar~ depend upon the state of the Libyan balance of in respect of each year a statement pay­ of accounts in a ments and shall be subject to the same general form which shall conform Libyan to the best commercial stan­ Foreign Exchange Control regulations dards. The form as other capital of the accounts and of the statement transfers of similar magnitude. shall be such as to provide separate information in respect of each of the main activities of the Corporation; IlIll1lunities (b) The accounts of the Curporation shall be ARTICLE 8 audited at least every three months by the Board of I . The Auditors; property and assets of the Corporation, wherever located and by whomsoever held, shall be (c) The annual statement of accounts and the report immune from requisition, confiscation, expropriation of the auditors on the result of their audit shall be and any other furm of dispossession by executive, submitted every year to the: General Assembly for administrative or legislative action, unless full com­ approval. pensation is paid, the amount of which, in default of Publication of reports agreement, shall be determined in the manner pro­ vided for in section 2 of article 9. 8. (a) The Corporation shall publish an annual Immwzities from taxation report on the performance of its activities. This report shall contain an audited statement of accounts; 2. The Corporation, its assets, income and other (b) The Corporation may publish such other reportg property, and its operations and transactions autho­ as it deems desirable to carry out its purposes. rized by this Statute, shall be immune from all tax:ltion, except as regards distributed profits. ARTICLE 6 Disposal of profits Amendments ARTICLE 9 The surplus of revenues of the Corporation in any year over Its administrative expenses shall be applied 1. Amendments to the Statute may be madtO only as follows and in the following order: in accordance with the fol~owing provisions: (a) To cover losses incurred in previous years on (a) Any member of the General Assembly may pro­ the operations of the Corporation; pose an amendment to this Statute. Such a proposal shall be communicated through the Chairman (b) To establish a reserve fund to cover any future to the other members of the General Assembly, losses on the operations of the Corporation, the amount at least one month before the meeting at which of which shaH be determined by the General it is to ce consi­ Assembly dered. A majority of two-thirds from time to time, taking into account of the total voting the scope of its power in the General proposed operations and Assembly shall be required for economic conditions prevai­ their adoption ling in Libya; ; (b) Amendments to this Statute adopted (c) To establish an extraordinary as provided reserve, or to pay in paragraph (a) shall come dividends to into effect only after appro­ members as may be decided by the General val by the Government Assembly. of Libya. Interpretation Suspension of operations 2. Whenever a disagreement arises betwe"n the ARTICLE 7 Corporation and the Libyan Government on the inter­ pretation of (a) In an emergency, the Board may, after notifying any of the provisions of this Statute, such disagreement shall the Government of Libya, suspend temporarily the be submitted to arbitration by a Tribunal of operations of the Corporation in respect of certain three arbitrators, one appointed by the Libyan Government, activities pending an opportunity for further considera­ one by the Corporation and one tion and action by the General Assembly; appointed, unless the parties otherwise agree, by the President of the Permanent Court of International Jus­ (b) The Assembly may, after consultation with the tice. The Tribunal shall have full power to settle Government ot Libya, suspend all permanently the acti­ questions of procedure in any case where vities of the Corporation. parties are Upon such permanent in disagreement with respect thereto. suspension, the Corporation shall forthwith cease all activites, except those incidental to the conservation Date of coming into force and preservation of its assets and settlement of its obligations; ARTICLE 10 This (c) Upon a ?ermanent suspension of activities law shall come into force on the day of of signature. the Corporation, all liabilities of the Corporation shall be a first claim on the assets of the Corporation. The Dated at Tripoli this 21st day of Rabie al Awal remaining assets will be distributed among the subscri­ 1371, corresponding to the 20th day of December bers proportionately to their subscriptions. The con­ 1951. vertibility of the amounts to be so distributed shall Mahmud MUNTASSER

51 Annex X

MEMORANDUM ON WAR DAMAGES IN LIBYA SUBMITTED BY THE REPRESENTATIVE OF CYRENAICA ON THE COUNCIL FOR LIBYA

The representative of Cyrenaica on the Council for Unfortunately, only later did they realize that the Libya wishes to bring to the notict. of the General operative part of the resolution was of a scope too Assembly the following: narrow as compared with its introduction. In fact, The problem of war damages in Libya as a whole while the first part recognizes the importance of and in Cyrenaica in particular is of paramount import­ damages both to 'private and public property, and "the ance and gravity. The cities of Tobruk and Bardia necessity of repairing them", which means rf'?airing were razed to the ground and no less than two-thirds both private and public property, the 9perative part of Benghazi were badly destroyed. Tripoli itself did has overlooked private property and even where public suffer, and the heaviest destructions were inflicted upon property is concerned, the action to be taken is only Cyrenaica. viewed in a subsidiary manner "in connexion with the These facts have repeatedly been emphasized by all technical and financial assistance which Libya may responsible leaders of Cyrenaica, that is the most con request [rom the Economic and Social Council, the cerned province of Libya. specialized ag;;ncies and the Secretary-General". It is indeed true that the General Assembly at its Jt should be brought once more to the General fifth session did recognize the importance of the pro­ Assembly's attention that the necessity of repairing blem in the following words: damaged property presents the same character of urgency whether such property i~ private or public. "Whereas Libya as a result of the war has suffered As has been clearly stated in the Un'~ed Nations resolu­ extensive damages to private and public property, tiori, the problem is closely linked with that of the both movable and immovable, as well as to its economic stability of Libya and therefore, with the system of communications, very existence of the independence of the country. " Whereas the existence of these war damages and In fact, economically speaking, it is, for Cyrenaica in the necessity of repairing them represents one of the particular, a true matter of life and death, while, in the major economic and financial problems to be taken view of many of our people, it is now a matter of hope into consideration in order that an independent Libya or utter despair. mav be established with a sound basis for economic In this connexion, the psychological value of a just and social progress, which is one of the avowed and fair solution of this vital problem could not be purposes of the United Nations in accordance with exaggerated. pgragraph 4 of the resolution adopted by the General The people of Libya feel confident that this aspect Assembly on 17 November 1950, of the question of war damages and the urgent neces­ "The General Assembly sity of repairing them or providing fair compensation "Instructs the Secretary-General to study the pro­ to the parties concerned will not, at this sixth session, blem of war damages in connexion with the tech­ fail to be a matter of serious consideration on the part nical and financial assistance which Libya may of the General Assembly. They lay the greatl'?st hopes request from the Economic and Social Council, the on a speedy, efficient, practical solution to a problem specialized agencies and the Secretary-General, and on which so much of the economic, social and political to report on the subject to the sixth session of the life of their country depends. General Assembly". It is every Libyan's duty, it is· mine, to appeal in The people of Libya, and especially the Cyrenaicans this connexion to the wisdom and high sense of justice among them, felt a great relief at the pRssing of the of all member States to do fair justice to Libya, bearing above-mentioned resolution and their immediate reac­ in mind that it is the unprecedented case of a country tion was one of deep gratit ie to the United Nations achieving statehood and independence under the aus­ Organization. It was so OJecause so many of our pices of the United Nations; that its very independ­ people had lost all, or nearly all of their property, ence could not endure without a sound economy; and some of them being left destitute, and the resolution that its economic future is largely contingent upon a to them struck a note of hope. favourable solution of the problem of war damages.

52