Environmental Legislation in Libya, Biodiversity: Facts and Challenges

Contents:

1. Introduction
2. Legal Framework
3. Entities and Institutions
4. Challenges
5. Reported Violations
6. International support to Libya
7. Recommendations
8. Conclusion

1. Introduction

Libya, with its vast deserts and coastal areas, is home to various flora and fauna. However, the ongoing security situation in the country has posed significant challenges to protecting and conserving the country’s biodiversity. This paper aims to provide an overview of the legal framework, challenges, and facts for protecting and conserving biodiversity in Libya.

Protecting and preserving the environment and natural resources related to biodiversity is crucial for the nation’s well-being and future generations. In Libya, a number of laws and decrees have been put in place over the years to regulate and safeguard the country’s biodiversity and resources. These laws and regulations cover a wide range of topics and areas, including the prevention of pollution, regulation of water resources, protection of animals and trees, and organization of grazing and marine wealth exploitation.

Overall, the environment and biodiversity legislations in Libya provide a comprehensive framework for protecting and managing the environment and biodiversity and sustainable use of natural resources. These laws and regulations aim to ensure the preservation of natural and biological diversity, the protection of public health, and the fair distribution of benefits from natural resources.

‘The National Strategy for the Biodiversity Program in Libya 2010’ has not been in implementation yet. However, in general, a national biodiversity strategy is a document that outlines a country’s goals, actions, and priorities for the conservation and sustainable use of its biodiversity. The government usually develops the strategy in collaboration with other stakeholders, such as non-governmental organizations, the private sector, and local communities.

The objective is to highlight ways to protect the different species, habitats and resources unique to a specific country, and how to manage them sustainably. The strategy will typically aim to address the country’s specific biodiversity challenges and opportunities and to align with the country’s national development goals and international biodiversity-related commitments including the commitments of Libya by the international conventions,¹ such as:

• The Convention on Biological Diversity: This treaty, signed in 1992 and ratified by Libya in 1995, aims to conserve biodiversity and sustainably use its components.²
  • The Convention on the Conservation of Migratory Species of Wild Animals: This treaty, known as the Bonn Convention, was adopted in 1979 and ratified by Libya in 1985. It aims to conserve migratory species and their habitats.
  • The Convention for the Protection of the Mediterranean Sea Against Pollution (Barcelona Convention) was adopted on 16 February 1976 in Barcelona and entered into force in 1978. It was amended in 1995.

2. Legal Framework

Libya has several laws and regulations in place to protect and conserve biodiversity. The Environmental Protection and Biodiversity Conservation Law of 2003 is the main law governing this area. The law includes provisions for developing and implementing a national biodiversity strategy, establishing protected areas, regulations for hunting and trade of wildlife, and land-use management.

In addition to national laws, Libya is also a party to several international conventions and treaties related to biodiversity, including the Convention on Biological Diversity, the Mediterranean Sea Protection Treaty, and the Convention on Migratory Species.

This section provides an overview of the legislative framework in place for regulating the environment and managing natural resources in Libya. It examines the constitutional rules outlined in the Constitutional Declaration of 2011 and the Draft Constitution of 2017, which establish the state’s responsibilities and obligations for ensuring a fair distribution of benefits from natural resources, preserving the rights of future generations, and promoting sustainable development. Additionally, this section discusses specific laws and regulations for preserving and protecting natural resources, such as alternative development projects, water management and renewable energy. The passage also highlights the inclusion of the Draft Constitutional Rule (7 January 2023), which lays out the state’s obligations and measures taken to preserve and protect the environment and biodiversity, with a special emphasis on creating a healthy environment and establishing an Environmental Sanitation Fund.

Moreover, the passage highlights the absence of specific references to biodiversity and its preservation in the Constitutional Declaration of 2011. This lack of particular mention is notable in the context of the increasing importance placed on biodiversity and the conservation of ecosystems globally. The draft constitution of 2017 and the draft constitutional rule of 2023 both include references to preserving natural and biological diversity and compensation for damages caused, which suggest increased attention on biodiversity conservation. Furthermore, there is also reference to laws and regulations that specifically pertain to protecting and improving the environment, preventing oil pollution in seawater and managing water resources, ionizing radiation and protecting against its dangers and protecting of pastures and forests. All these

laws may be taken as efforts to preserve and protect the environment and biodiversity of Libya.

Additionally, it is worth noting that the passage also mentions international agreements to which Libya is a party, such as the 1993 International Convention and the Mediterranean agreement, that provide a broader context for environmental protection and biodiversity conservation efforts in the country. These international agreements establish a framework for cooperation and coordination with other countries in the region and can help to ensure that Libya’s efforts to protect the environment and biodiversity align with regional and global trends and best practices. However, the passage does not provide any details about the specific provisions of these agreements and how they are applied in the Libyan context.

Overall, the passage provides a general overview of the legislative framework for environmental regulation and natural resource management in Libya, including constitutional rules, specific laws and regulations, and international agreements. While the focus of this framework is primarily on natural resource management, it also includes some elements related to biodiversity conservation and environmental protection. However, more in-depth analysis and research would be needed to fully understand how these laws and regulations are implemented and enforced in practice.

It’s worth noting that for these laws and regulations to be effective, there should be a robust monitoring and enforcement system. Additionally, adequate funding and resources should be allocated to support these efforts. Without proper monitoring, enforcement and funding, laws and regulations alone may not be sufficient to protect the environment and biodiversity in Libya.

Also, it is essential to consider the practical realities of the country and the political and economic context. While the laws and regulations outlined in the passage may be well-intentioned, they may not be fully implemented or enforced due to a lack of resources or political will. Conflicts and instability in the country in recent years may have further hampered the ability of authorities to protect the environment and biodiversity effectively.

Finally, it is worth mentioning that involving the local communities and stakeholders through the local government law no. 56 for the year 2012, providing education and awareness-raising activities and involving them in conservation projects can be vital in achieving sustainable conservation outcomes, which in turn can provide added support for the effective implementation and enforcement of the laws and regulations.

In Libya, a number of laws have been put in place over the years to regulate and safeguard the country’s Biodiversity and resources. These laws cover a wide range of topics, including the prevention of pollution, regulation of water resources, protection of animals and trees, and organization of grazing and marine wealth exploitation.

2.1 Laws

1. Law No. 15 of 2003 on the Protection and Improvement of the Environment aims to safeguard the environment by addressing various issues such as pollution, natural resources management and the conservation of wildlife.
2. Law No. 8 of 1973 regarding the prevention of oil pollution in seawater is implemented to prevent and control the environmental pollution caused by oil spills and other hazardous chemical releases into the sea.
3. Law No. 2 of 1982, regulating the use of ionizing radiation and protecting against its dangers, is put in place to ensure the safe and responsible use of ionizing radiation in the country and protect people from its harmful effects.
4. Law No. 3 of 1982, regulating the exploitation of water resources, aims to manage and control the use and distribution of water resources in a sustainable and equitable manner.
5. Law No. 5 of 1982, regarding the protection of pastures and forests, is put in place to preserve and protect the country’s pastureland and forests.
6. Law No. 7 of 1982 regarding environmental protection is aimed at safeguarding the environment and regulating activities that may cause harm to the environment.
7. Law No. 13 of 1984, regarding provisions relating to public hygiene, is implemented to promote public health and sanitation.
8. Law No. 17 of 1985, regarding the organization of grazing, aims to manage the use of pastures and grazing land in an efficient and sustainable manner.
9. Law No. 14 of 1989, regarding the exploitation of marine wealth, regulates the exploitation and management of marine resources in a sustainable and responsible manner.
10. Law No. 15 of 1989, regarding the protection of animals and trees, aims to protect and conserve the country’s wildlife and vegetation.
11. Law No. 15 of 1992, regarding the protection of agricultural lands, is put in place to safeguard the country’s agricultural land and ensure sustainable farming practices.
12. Law No. 9 of the year regarding the production, propagation, and circulation of improved seeds is implemented.

The Laws listed above are a set of legislation established in Libya that aim to regulate the environment and biodiversity and protect it from various forms of pollution, harm, damage, exploitation and degradation. The laws cover a wide range of topics, including the protection and improvement of the environment, prevention of oil pollution in seawater, regulation of the use of ionizing radiation, exploitation of water resources, protection of pastures and forests, environmental protection, public hygiene, organization of grazing, exploitation of marine wealth, protection of animals and trees, protection of agricultural lands, disposal of state-owned agricultural and reclaimed lands, prevention of infectious and epidemic animal diseases, Agricultural Inspection Authority, hunting weapons and ammunition, organization of the Ministry of Dams and Water Resources, Planning and organization of cities and villages, public roads, real estate ownership and the Council for Nutrition and Marine Resources Affairs. These laws provide guidance and regulations to maintain the environmental balance of Libya. They protect future generations’ rights and the Libyan people’s welfare.

The laws, regulations listed above are aimed at protecting and preserving the environment and biodiversity in Libya, including Law No. 15 of 2003 regarding the protection and improvement of the environment, Law No. 8 of 1973 regarding the prevention of oil pollution in seawater, Law No. 2 of 1982 regulating the use of ionizing radiation and protecting against its dangers and Law No. 3 of 1982 regulating the exploitation of water resources are aimed at preserving the natural resources and protecting the environment from different sources of pollution and negative impacts.

1.2  Decrees

These laws, regulations, and decisions play a vital role in preserving the environment and biodiversity of Libya but also ensure the sustainable development of the country by promoting environmentally friendly practices and protecting the rights of future generations.

• Decree No. 757 of 1990: Establishes the Public Authority for Water, which aims to manage and develop the country’s water resources and ensures the availability of water supply for domestic.
• Cabinet Decision No. 161 of 1992: Reorganizes the Marine Biology Research Centre, which conducts research on marine biology and ecosystems and provides advice and information to the government and other organizations.
• Council of Ministers Decree No. 6 of 1997, prohibits hunting in all regions of the State of Libya, which helps protect and conserve the country’s wildlife and biodiversity.
• Decree No. 183 of 2006, establishes the National Parks Project, which aims to create new national parks and upgrade and improve existing ones.
• Decree No. 159 of 2007: Establishes the Public Authority for Marine.
• Decree No. 51 of 2004 regarding the determination of some provisions regarding fishing for bluefin tuna.
• Decree No. 116 of 2005 of the Assistant Secretary of the Council of Ministers Forms the Permanent Committee for Marine Fishing in Libyan Waters and its tasks.
• Decision No. 37 of 2005 of the General People’s Committee, declares a Libyan fishing protection zone in the Mediterranean and aims to protect and sustainably manage the country’s marine fish stocks.
• Decree No. 303 of 2010, decides on some provisions related to national parks, such as their boundaries, regulations, and management.
• Decree No. 98 of 2012 establishes the National Centre for Prevention and Agricultural Quarantine, which aims to prevent the spread of plant and animal diseases and pests that could threaten agricultural production.
• Decree No. 129 of 2012 organizes the Public Authority for Water Resources, which is responsible for managing and developing the country’s water resources, including surface and groundwater.
• Decree No. 100 of 2012 establishes the National Centre for Animal Health, which is responsible for monitoring and controlling animal diseases and ensuring the safety and quality of animal products.
• Decree No. 637 of 2013 establishes the Palm and Olive Development Authority, an organization responsible for promoting and developing the palm and olive industries in Libya.
• Decree No. 48 of 2013 establishes the National Parks Management and Development Authority, which is responsible for managing, developing, and protecting the country’s national parks.
• Decree No. 290 of 2021 establishes the National Centre for Extension, Cooperation and Agricultural Information, which aims to provide extension services, technical cooperation, and agricultural information to farmers and other stakeholders.

1.2  Related Laws and Decrees

The following is a list of environmental legislation in Libya, including laws, resolutions, and decisions that regulate various aspects of the environment and natural resources, such as health, energy, mining, agriculture, and urban development.

2.3.1 laws:

1. Law No. 25 of 1955 on Petroleum and its amendments.
2. Law No. 5 of 1969 on Planning and Organizing Cities and Villages.
3. Law No. 133 of 1970 on the Organization of the Agricultural Bank.
4. Law No. 142 of 1970 on Tribal Lands and Wells.
5. Law No. 2 of 1971 on Mines and Quarries, and its executive regulation.
6. Law No. 106 of 1973 on the Issuance of the Health Law.
7. Law No. 2 of 1974 on Cooperative Farms.
8. Law No. 46 of 1975 on the dwarf lands matter.
9. Law No. 8 of 1977 AD regarding the amendment of some provisions of Law No. 155 of 1970 AD regarding the passage to farms and agricultural lands.
10. Law No. 07 of 1981 on the Possession of Weapons, Ammunition and Explosives.
11. Law No. 3 of 1982 on the matter of regulating the exploitation of water resources.
12. Law No. 11 of 1983 establishing the Executive and Management Authority for the Man-made River Project.
13. Law No. 3 of 2001 on Urban Planning and its executive regulations. 14.
14. Law No. 59 of 2012 on the Local Administration System and its executive regulations.
15. Law No. 29 of 1994 on Hunting Weapons and Ammunition and its Amendment by Law No. 2 of 2014.

2.3.2 Decrees (Ministerial Council)

1. Decree of the General Secretariat of the General People’s Congress No. 10 of 1979 reorganizing the National Oil Corporation.
2. Decree No. 161 of 1986 to establish the Atomic Energy Corporation.
3. Minister of Justice Resolution No. 306 of 201 Decision No. 225 of 2018 regarding the Building Permits Regulation.
4. Decree No. 22 of 2010 issuing the executive regulations for Law No. 6 of 2005 on Civil Aviation.
5. Decree No. 307 of 2012 to establish a scientific research centre for palm trees.
6. Decree No. 1352 of 2018 on the Establishment of Integrated Health Zones.
7. Decree No. 516 of 2020, on the Formation of an Advisory Committee to Review and Revise Sub-regional and Urban Plans.
8. Decree No. 567 of 2021 to reconfigure the Advisory Committee to review and revise the plans.
9. Decree No. 790 of 2022 to reorganize the Supreme Council for Energy Affairs.
10. Decree No. 493 of 2022 on the Establishment of the Libyan Bureau for Grains.
11. Decree No. 307, 2012 to establish a scientific research centre for the olive tree.

Meanwhile, one important piece of environmental legislation is Law No. 106 of 1973, which pertains to the issuance of health law. This law aims to protect and promote public health by regulating activities that may have an impact on health, such as industrial and agricultural operations, waste management, and water and air pollution. Another key piece of legislation is Ministerial Council Decree No. 1352 of 2018, which established integrated health zones. These zones aim to improve access to healthcare services, particularly for marginalized communities in remote and rural areas.

The local administration system is regulated by Law No. 59 of 2012, which outlines the responsibilities of local councils and municipalities with regard to the management and protection of the environment. The law also provides for the establishment of an Environmental Directorate within the local council to oversee and regulate environmental activities in their respective areas.

Energy is also a crucial aspect of environmental legislation in Libya. Ministerial Council decree No. 161 of 1986 established the Atomic Energy Corporation, which aims to promote the peaceful use of nuclear energy and to conduct research in the field of nuclear science and technology. Additionally, Cabinet Decision No. 790 of 2022 has been issued to reorganize the Supreme Council for Energy Affairs and streamline their activities to handle the matter efficiently.

The oil and gas sector in Libya is regulated by Law No. 25 of 1955, which pertains to petroleum and its amendments. This law sets out the framework for the exploration, production, and management of oil and gas resources, as well as the rights and obligations of the state, oil companies, and other stakeholders.

Mining and quarrying activities are regulated by Law No. 2 of 1971, which provides for mineral resource exploration, development, and management. The law also established the General Directorate for Mines and Quarries to oversee and regulate the industry.

Agriculture is also an important area of environmental legislation in Libya. Law No. 142 of 1970 pertains to tribal lands and wells and regulates the use and management of these resources. Law No. 46 of 1975 governs the use of dwarf lands, while Law No. 2 of 1974 provides for the formation of cooperative farms.

Urban planning is governed by Law No. 3 of 2001, which set out the framework for developing and managing cities and towns in Libya. These laws cover various aspects, such as land use, zoning, building codes, and environmental impact assessment.

Real estate property legislation in Libya is governed by several laws, including Law No. 11 of 1992, which determines some provisions relating to real estate ownership, and Law No. 15 of 1992, which pertains to the protection of agricultural lands.

In addition to these laws, a number of regulations and decisions have been issued to implement and supplement the laws. These include Cabinet Decision No. 637 of 2013, which established the Palm and Olive Development Authority, and Cabinet Decision No. 100 of 2012, which established the National Centre for Animal Health.

Libya is a signatory of the Convention on Biological Diversity, which is an international treaty that aims to promote the conservation and sustainable use of the world’s biodiversity. The Convention was adopted in 1992 and ratified by more than 190 countries, including Libya. The Convention has three main goals: the conservation of biodiversity, the sustainable use of biodiversity, and the fair and equitable sharing of benefits from using genetic resources. It also provides a framework for national and international actions to achieve these goals. Libya also ratified other international agreements regarding the conservation and sustainable use of natural resources, such as CITES, Ramsar Convention, and CBD, in addition to regional agreements such as The African Convention on the Conservation of Nature and Natural Resources and The Convention for the Protection of the Mediterranean Sea Against Pollution.

Like many other countries, Libya is home to a wide variety of plant and animal species, many of which are unique to the region. The country also has a number of protected areas and national parks, such as the Tadrart Acacus National Park and the Al-Jifara Protected Area, that aim to protect and preserve the country’s biodiversity. Additionally, Libya has ratified several international biodiversity-related agreements, including the Convention on Biological Diversity and the African-Eurasian Waterbird Agreement. However, the situation in Libya is complicated, and there have been changes in the government and social instability over the past decade, making it difficult to access any information about the recent status of the environment and biodiversity in the country.

These international conversations establish a framework for cooperation and coordination with other countries in the region and can help to ensure that Libya’s efforts to protect the environment and biodiversity align with regional and global trends and best practices. However, as mentioned above, this section will not delve into the details of these agreements and how they are applied in the Libyan context. In this context, the Libyan Supreme Court concluded its constitutional appeal No. 57/01 issued on December 23. 2013 indicated that “it is decided that the international agreements to which the Libyan state is bound shall be directly enforceable as soon as it is approved by the legislative authority in the state, and shall take precedence over the internal laws and legislations so that if it occurs If there is a conflict between its provisions and the provisions of the internal legislation, the provisions of the conversation are the first to be applied.”³

3. Entities and Institutions

The related organizations that are authorized to protect or develop the environment condition, including the biodiversity in Libya can be divvied into government organizations/authorities and non- government entities, are as follow:

Government institutions

• The Ministry of Environment instead of the Public Authority for the Environment.
• Ministry of Agriculture, Livestock, Marine and Water Resources.
• Environmental monitoring in the regions.
• Environmental police.
• Environmental Protection Fund.
• Land and Marine Environment Research Center.
• The National Center for Desert Locust Control.
• Technical Center for Environmental Protection.
• The operation, maintenance, and environmental protection devices in municipalities.
• Agricultural police.
• Agriculture and Utilities Prosecution.
• Public cleaning companies in municipalities.
• National Parks Management and Development Authority.
• Permanent and temporary committees.
• Agricultural Inspection Authority.

Municipal Guard.

4. Challenges

Despite the legal framework in place, a number of challenges have hindered the effective implementation and enforcement of biodiversity conservation measures in Libya. The ongoing security situation in the country has made it difficult to access and monitor protected areas and enforce laws and regulations. In addition, limited funding and capacity have limited the ability of the government and NGOs to take effective action to protect and conserve biodiversity.

Another key challenge is the degradation of coastal and marine habitats caused by pollution and the overuse of resources. Sewage and other forms of pollution have led to the degradation of the Mediterranean Sea, which is home to a rich diversity of marine life.

Another challenge is that Libya has not yet approved the national strategy or national biodiversity program. It is still under state committees’ discussion that was formed in 2010.⁴

5. Reported Violations

In recent years, there have been numerous reports of violations of environmental laws and regulations in Libya. One primary concern is the illegal hunting and poaching of wildlife, which has led to the decline of many species, including the critically endangered scimitar-horned oryx, addax and dama gazelle.

Another issue is the illegal trade in protected species, including birds and reptiles, which is driven by the demand for wild animals as pets for traditional medicine. The current security situation in the country has made it difficult for authorities to enforce laws and regulations against illegal hunting and trade effectively.

There have also been reports of illegal logging in protected areas and of overgrazing of pastureland, which has led to the degradation of ecosystems and the loss of biodiversity. The illegal cultivation of crops in protected areas has also been reported, contributing to the destruction of ecosystems and the loss of biodiversity.⁵

Marine pollution is also a significant concern in Libya, caused by the discharge of pollutants into the Mediterranean Sea, including sewage, agricultural and industrial waste, and oil spills. Such discharges have resulted in the degradation of coastal habitats and biodiversity loss.

In addition to these issues, the ongoing conflict and insecurity in the country make it difficult for conservation efforts to take place and also hinder the ability of the government to effectively enforce environmental laws and regulations. Furthermore, inadequate funds, limited resources, and the weak capacity of the relevant authorities make it difficult to address these issues and protect the environment and biodiversity.

All these violations have a negative impact on the biodiversity, ecosystems, and natural resources of Libya. It is important that the relevant authorities and stakeholders work together to address these issues and take the necessary measures to protect and conserve the environment and biodiversity in Libya.

Another area where environmental violations have been reported in Libya is in the oil and gas sector. The country is rich in oil and gas resources, but the extraction and production of these resources have led to pollution of the air, land, and water, as well as damage to biodiversity.

For example, oil spills have been reported, resulting in the pollution of coastal habitats, which seriously impacts marine life and the livelihoods of local communities. Additionally, the flaring of natural gas associated with oil production results in the release of large amounts of greenhouse gases and other pollutants into the atmosphere, which contributes to climate change and air pollution.

In addition, the illegal extraction of natural resources, including sand, gravel, and rock, has become a major problem in Libya, as it leads to the destruction of ecosystems and wildlife habitats. This also puts the country’s heritage at risk, as these activities often occur in archaeological sites and landmarks.

Another problem is the illegal dumping of waste, which has become a serious environmental and public health problem in many parts of the country. Improper disposal of waste can lead to the contamination of soil and water resources, as well as air pollution, which poses a threat to human health and the environment.

Overall, the environmental violations in Libya are quite severe and have a negative impact on the country’s biodiversity, ecosystems, and natural resources. It is essential that the relevant authorities take steps to address these issues and that they work with NGOs, the private sector, and local communities to find sustainable solutions.

6. International support to Libya

There have been various efforts by international organizations and governments to support environmental conservation and sustainable development in Libya⁶. Here are a few examples:

• The United Nations Environment Programme (UNEP) has been working with the Libyan government to support environmental protection and sustainable development in the country. This includes initiatives to promote sustainable management of natural resources, reduce pollution and waste, and to promote environmental awareness.
• The World Wildlife Fund (WWF) has been working on conservation and sustainable development programs in partnership with the Libyan government for many years. These efforts include promoting sustainable management of marine and terrestrial protected areas, as well as efforts to combat wildlife poaching and illegal trade.
• The World Bank has provided Libya with financial and technical assistance to support environmental conservation and sustainable development. This includes support for implementing national environmental policies and strategies, as well as the protection of biodiversity and the promotion of sustainable use of natural resources.
• The European Union (EU) has provided financial and technical assistance to Libya in the environment and biodiversity conservation field. This has included support for the protection of wetlands and coastal areas, as well as for the conservation and sustainable management of marine and terrestrial protected areas.⁷
• The United States Agency for International Development (USAID) has provided financial and technical assistance to Libya to support environmental conservation and sustainable development. This includes efforts to promote sustainable land and water management, as well as to reduce pollution and waste.⁸

These are just a few examples of international support for environmental conservation and sustainable development in Libya. However, it’s worth mentioning that the country’s current political and security situation has made it difficult for international organizations and governments to provide comprehensive and sustained support.

7. Recommendations  

1. Increase funding and capacity building for conservation efforts: Increased funding and capacity building for government agencies and NGOs working on biodiversity conservation is crucial to effectively protect and conserve biodiversity in Libya.
2. Improve law enforcement: The government should improve the enforcement of laws and regulations related to biodiversity, including by increasing patrols in protected areas and increasing penalties for violations.
3. Address pollution and overuse of resources: Measures should be taken to reduce pollution, including regulating and controlling the discharge of sewage and other pollutants and by promoting sustainable use of natural resources.
4. Engage local communities: Local communities should be engaged and involved in conservation efforts, as they can play an important role in protecting and conserving biodiversity in their area.
5. Enhance international cooperation: Libya should engage in international cooperation with other Mediterranean countries to jointly address shared issues such as pollution and overuse of resources, which could help to protect the Mediterranean Sea and its biodiversity.
6. Finalise and implement the national biodiversity strategy: The government should take steps to implement the national biodiversity strategy, which includes identifying and prioritizing conservation areas, protecting and restoring ecosystems, and promoting sustainable use of natural resources. Promote environmental education and awareness: Environmental education and awareness campaigns should be carried out to educate the public about the importance of biodiversity, the negative effects of pollution and overuse of resources, and their role in protecting and conserving biodiversity.
7. Encourage sustainable tourism: The government should promote sustainable tourism as a way to generate income and jobs for local communities while at the same time protecting and conserving biodiversity. This can include ecotourism, wildlife tourism, and cultural tourism.
8. Improve data collection and monitoring: Improved data collection and monitoring systems should be put in place to track the status of biodiversity and the effectiveness of conservation efforts. This will help to identify areas of concern, target conservation efforts, and measure progress over time.
9. Create a monitoring and enforcement mechanism: A monitoring and enforcement mechanism should be implemented to ensure compliance with laws and regulations related to biodiversity conservation. This mechanism should include regular inspections and audits of protected areas, penalties for violations, and a system for reporting and addressing complaints.
10. Encourage private sector participation: The government should encourage and support the private sector to get involved in biodiversity conservation and sustainable development through, for example, tax incentives, grants and subsidies, and other forms of support.

The implementation of these recommendations will require a coordinated effort between the government, NGOs, the private sector, and local communities. By working together, it is possible to effectively protect and conserve biodiversity in Libya and ensure that the country’s natural resources are used sustainably for the benefit of present and future generations.

In addition to the recommendations outlined above, it is also essential to consider the provisions of the Convention on Biological Diversity (CBD) which Libya ratified in 1993. The CBD is an international treaty that aims to promote biodiversity conservation, the sustainable use of its components, and the fair and equitable sharing of the benefits arising from the use of genetic resources. It sets out a number of specific goals and targets, including:

• The conservation of biological diversity
• The sustainable use of the components of biological diversity
• The fair and equitable sharing of the benefits arising out of the utilization of genetic resources

Under the CBD, Parties are required to develop and implement national biodiversity strategies and action plans, and to monitor and report on their implementation. They are also required to take measures to prevent the introduction of, control or eradicate alien species that threaten ecosystems, habitats or species and to encourage the conservation of endangered species.

Libya, as a party of the CBD, is required to develop and implement policies and measures to protect biodiversity, including designating protected areas, promoting sustainable use of resources, controlling pollution and waste, and encouraging the participation of local communities. The Parties also have to share the knowledge and

technologies necessary for the conservation and sustainable use of biodiversity, as well as traditional knowledge and technologies.

In summary, the implementation of the Environmental Legislation of Libya on Biodiversity, in addition to the provisions of the CBD, is essential to preserving and

Conserving the country’s rich biodiversity and ensuring that future generations can enjoy it.

In addition to the Environmental Protection and Biodiversity Conservation Law and the Convention on Biological Diversity, it is also important to consider the provisions of the Law No. 15 of 2003 on the Protection and Improvement of the Environment in Libya Such a law is considered to be amended as there is already a committee formed by the Ministry of Environment of Libya in order to upgrade such a law.⁹

This law contains provisions related to the protection and preservation of the environment, including measures to control and prevent pollution, conserve natural resources, and promote sustainable development. The law establishes the Environmental Protection Authority as the main body responsible for enforcing environmental laws and regulations in Libya.

Under Law No. 15 of 2003, the government is responsible for developing and implementing a national environmental strategy and for establishing and managing protected areas, as well as for regulating activities that may have a negative impact on the environment. The law also requires the government to take measures to ensure that environmental impact assessments are conducted for proposed projects and activities.

Law No. 15 of 2003 also includes provisions for public participation in environmental decision-making by providing citizens with the right to receive information and participate in the decision-making process concerning protecting and improving the environment.

Furthermore, it allows citizens and organizations to file a complaint to the Environmental Protection Authority in case of violation of environmental laws. Also, it allows them to seek compensation in case of damage to the environment as a result of the activities of individuals or companies.

It is important to note that Law No. 15 of 2003 and the Environmental Protection and Biodiversity Conservation Law complement each other, and they both should be applied to provide comprehensive protection to the environment and biodiversity in Libya.

 8. Conclusion  

Biodiversity is an important natural resource in Libya, which plays a crucial role in ecological and socio-economic sustainability. Despite the legal framework in place, the ongoing security situation and lack of funding and capacity have created challenges for the protection and conservation of biodiversity. This paper highlights the importance of increasing funding and capacity building for conservation efforts, improving law enforcement, addressing pollution and overuse of resources, engaging local communities, and enhancing international cooperation to effectively protect and conserve biodiversity in Libya.

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8. ‘Highlighting U.S. Efforts to Combat the Biodiversity Crisis’ (Fact Sheet) U.S Department of State (15/12/2022) https://www.state.gov/highlighting-u-s-efforts-to-combat-the-biodiversity-crisis/ accessed 09/01/2023. ↩︎
9. ‘Meeting of the Committee for the Modernization of Law No. 15’ (The Ministry of Environment 9 October 2022) <https://environment.gov.ly/15-رقم-القانون-تحديث-لجنة-اجتماع/> accessed 9 January 2023. ↩︎

Legal Review on the ruling of the Zawiya Court of Appeal in Libya vs TotalEnergies and Conoco Phillips/Hess

Introduction

On May 4, 2023, the judgment of the Zawiya Court of Appeal in the First Administrative Division, registered under No. 216 – 2022, was issued against the Council of Ministers Resolution No. 918 of 2022, which pertains to the approval procedures for the sale of a share owned by a foreign company in Waha Oil Company, which was the text of the decision as follows:

‘’ Article (1)

 The approval procedures for the sale of Hess Libya’s share in Al-Waha Company to Conoco Phillips and Total Energy shall be approved, as presented at the fourteenth ordinary cabinet meeting of 2022 referred to.

 Article (2)

 This decree shall enter into force from the date of its issuance, and any provision contrary to it shall be repealed, and the competent authorities shall implement it.’’

Legal Facts

On April 30, 2021, the French company TotalEnergies submitted an offer to purchase shares from the American company Hess in their joint oil exploration and production contract (EPSA) with the Libyan Oasis Company. The contract provides the Libyan state with the right of pre-emption, and the sale was approved by Cabinet Resolution No. 552 of 2020, attached to Resolution No. 118 of 2022.

Legal Issues

The legal concerns that are going to be examined and analysed hereby can be divided into three legal questions in this regard, as follows:

1. What is the right of pre-emption in Libyan law and oil contracts in Libya?
2. Do Libyan courts have any jurisdiction to look at oil and gas contracts?
3. Is a non-interested person entitled to file a lawsuit in Libya?

Although the merits of the judgment touched on the suspension of the implementation of the decision and the consequent sale contract in the urgent apartment, and soon considered its substantive part, there arises a constitutional problem. This stems from the defect of the Government of National Unity’s lack of jurisdiction and its behavior outside its competence as a caretaker government under the legislation in force. This is based on the House of Representatives Resolution No. 10 of 2020 regarding the withdrawal of confidence from the government. The ruling on this matter may involve examining the extent of the legitimacy or lack thereof of the Government of National Unity, which falls within the sole competence of the Constitutional Chamber of the Libyan Supreme Court. This reference, however, does not distract us from discussing and commenting on the three legal inquiries and their legislative rooting.

First: What is the right of pre-emption in Libyan law and oil contracts in Libya? The Libyan Civil Code of 1953 (referred to as ‘The Law’) allows the right of pre-emption according to the requirements and provisions contained in Articles (939-952).

However, Articles 944 and 952 of the Code deal with the procedures related to pre-emption, including deadlines. The person who has the right of pre-emption is required to exercise this right before the seller and buyer by declaring their interest within fifteen days from the date of the official warning given by the seller or buyer. If they fail to do so within this timeframe, they will forfeit their right. The right of pre-emption also lapses if one year has passed from the day of registering the sale contract, regardless of whether the pre-emptor is present or absent.

In the case of oil contracts in Libya (EPSA), the right of pre-emption extends to one hundred and twenty (120) days from the date of notification or extension. After the expiry of this period, the foreign party can start executing the sale thirty (30) days after notifying the Libyan State.

It is worth noting that the provision discussed in this comment does not address the right of pre-emption and its provisions or the parties’ obligations regarding deadlines and requirements. Its focus appears limited to the legitimacy of the administrative decision issued by the Council of Ministers and its effects, as well as the administrative dimension within the competence of the Ministry of Oil or the Council of Ministers. The provision does not address the role and overlapping competencies with the two bodies mentioned regarding the Supreme Council for Energy and Gas Affairs, which was discussed in a previous article available in this link: Legal Analysis Cabinet Resolution No. 790 of 2022 On Reorganization of the Supreme Council for Energy Affairs Preamble – Itkan Law

Second: Is it permissible for the Libyan judiciary to intervene in oil contracts that are subject to international arbitration? The Petroleum Law No. 25 of 1955, with the text of Article 20, subjects oil contracts to Libyan law and international arbitration, and this is what oil contracts with the Libyan state adhere to. Although the judgment is subject to suspension targeting the administrative decision of the Council of Ministers, it clashes with the provisions of the Libyan Petroleum Law and oil contracts, which are exceptions to the legal rule on which the judges based their judgment that is the subject of this suspension. Therefore, it remains for the Supreme Court to decide on the matter.

Third: To what extent is an ordinary person entitled to file a lawsuit in Libyan law? The principle in the Libyan Code of Civil and Commercial Procedure of 1953 is that the interest condition is one of the main requirements for accepting a lawsuit, as it depends on the existence of a direct interest, distinguishing it from the concept of “hisba and grievances” in Islamic law, which constitutes the second source of legislation in Libya according to Article 1 of the Libyan Civil Code.

What draws attention in this judgment is the broad interpretation of the text found in Article (6) of Law No. 88 of 1971 concerning the administrative judiciary, particularly concerning the concept of “direct personal interest.” The judgment said that only “civil servants” have the right to appeal, not workers who are interested in challenging the administrative decision mentioned in the judgment. This exclusion is due to the differing conditions required compared to a civil lawsuit, which does require the condition of interest.

In conclusion, we expect from Libyan jurisprudence and the Libyan Supreme Court to develop a legal view on this case.