High National Elections Commission (HNEC)

Libya, Law No. (8) of 2013 on the Establishment of the High National Elections Commission [in English], accessed 19 February 2022

Article (2). An independent body shall be established under the name of “High National Elections Commission” (HNEC) and shall have an independent legal personality and financial liability. The HNEC shall have its headquarters in Tripoli. It shall exercise all the duties, competences, and powers stipulated by this law with absolute autonomy and impartiality. The HNEC’s decisions shall be public. It is prohibited to interfere in the work or competences of the HNEC or to restrict the powers thereof.

Libya, Law No. (8) of 2013 on the Establishment of the High National Elections Commission [in English], accessed 19 February 2022

Article (5) HNEC Council The HNEC Council shall be composed of a chairman and six full-time members appointed by a GNC resolution. Such members shall be of good reputation, impartial, and not affiliated with any political entity or party; they shall be subject to the standards set forth by Law No. (26) of 2012 on the High Commission for the Application of Standards of Integrity and Patriotism and the amendments thereof.

Libya, Law No. (8) of 2013 on the Establishment of the High National Elections Commission [in English], accessed 19 February 2022

Article (10) Membership in the Council shall be terminated for any of the following reasons: 1. Acceptance of resignation. 2. Disabling mental or physical illness attested by an official medical certificate. 3. Death. 4. Final judgment of conviction of a crime of moral turpitude. If a member’s position becomes vacant for any of the foregoing reasons, the GNC shall appoint a substitute within a maximum of fifteen days under the same procedures and conditions set forth in Article (5).

Article (11) Dismissal or Termination of Membership Membership in the Council shall be terminated by a decision issued by the GNC president for any of the following reasons: 1. Absence from three consecutive meetings without authorisation or acceptable justification, which shall be reported by the chairman of the Council to the GNC president. 2. Conviction of a crime of trust or moral corruption, based on a notice by the chairman of the Council. 3. Lack of competent follow-up on and performance of the HNEC duties and competences, based on a report submitted by the chairman of the Council after its approval by two-thirds of the Council members.

There are no predetermined limits for the term of office of the members of the HNEC Council. However, Articles 10 and 11 list several reasons for the termination of membership.

Libya, Law No. (8) of 2013 on the Establishment of the High National Elections Commission [in English], accessed 19 February 2022

Article (5) HNEC Council The HNEC Council shall be composed of a chairman and six full-time members appointed by a GNC resolution. Such members shall be of good reputation, impartial, and not affiliated with any political entity or party; they shall be subject to the standards set forth by Law No. (26) of 2012 on the High Commission for the Application of Standards of Integrity and Patriotism and the amendments thereof.

The Law states that the members of the HNEC Council are appointed by a resolution of the General National Congress. This was the legislative authority in Libya until it was disbanded in August 2014. The latest legislative elections (to the Council of Deputies) were held in June 2014. One the one hand, the law seems outdated given the reference to a not any more existing institution. However, in view of the uncertain and contested state of Libyan institutions since then, it is likely that there has not been any new legislation adopted in the meantime.

Libya, Law No. (8) of 2013 on the Establishment of the High National Elections Commission [in English], accessed 19 February 2022

Article (5) HNEC Council The HNEC Council shall be composed of a chairman and six full-time members appointed by a GNC resolution. Such members shall be of good reputation, impartial, and not affiliated with any political entity or party; they shall be subject to the standards set forth by Law No. (26) of 2012 on the High Commission for the Application of Standards of Integrity and Patriotism and the amendments thereof.

Libya, Law No. (8) of 2013 on the Establishment of the High National Elections Commission [in English], accessed 19 February 2022

Article (5) HNEC Council The HNEC Council shall be composed of a chairman and six full-time members appointed by a GNC resolution. Such members shall be of good reputation, impartial, and not affiliated with any political entity or party; they shall be subject to the standards set forth by Law No. (26) of 2012 on the High Commission for the Application of Standards of Integrity and Patriotism and the amendments thereof.