Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Forced Labour Convention, 1930 (No. 29) - Libya (Ratification: 1961)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In comments that it has been making for many years, the Committee has referred to the provisions of section 1 of Act No. 20 of 1962 under which, among other things, certain women seriously suspected or accused of certain offences against morality may be interned for a period of from six months to three years. The Committee has also referred to section 6 of the Royal Decree of 5 October 1955 concerning vagabonds and suspects under which any person who has already been sentenced for certain offences or been the subject of repeated investigations for the same offences and is again suspected of such offences is liable to detention of from one to five years by decision of a judge. The Committee understands that in both cases the persons concerned, who are merely suspected or accused and detained by decision of a judge, are obliged to work. The Committee noted from the Government's report received in 1988 that the committee charged with examination of international labour Conventions and Recommendations, after examining the observations of the Committee of Experts and the responses communicated by the competent authorities on the subject raised by the Committee, asked for additional information from the ILO. As the Committee pointed out in paragraphs 89 to 93 of its 1979 General Survey on the Abolition of Forced Labour, it follows from Article 2, paragraph 2(c), of the Convention that compulsory labour imposed as correction or punishment falls outside the scope of the Convention only if certain conditions are met; first of all, the labour must be imposed "as a consequence of a conviction". Therefore, persons who are in detention but have not been convicted - such as prisoners awaiting trial or persons detained without trial - should not be obliged to perform labour. Furthermore, the term "conviction" indicates that the person concerned must have been found guilty of an offence. In the absence of such a finding of guilt, compulsory labour may not be imposed, even as a result of a decision by a court of law. Accordingly, the provisions of section 1 of Act No. 20 of 1962 and section 6 of the Royal Decree of 5 October 1955, referred to above, are contrary to the Convention. The Committee hopes that in the light of these indications, the necessary measures will soon be taken to bring the legislation into conformity with the Convention so as to ensure that no work may be imposed on detainees who are merely accused or suspected of certain crimes, and that the Government will indicate the action taken. 2. The Committee has observed that for several years the report of the Government contained no information in reply to the general direct request of 1981, in which the Committee referred to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, concerning restrictions on the freedom of workers to leave their employment. It observed that, in a number of countries, the conditions of service of certain persons in the service of the State, particularly career members of the armed forces, are governed by legal provisions that make the right to leave the service dependent upon authorisation. In certain cases a link is established between the duration of training received and that of the services normally required before resignation is accepted. Since such restrictions may have a bearing on the application of the Conventions concerning forced or compulsory labour, the Committee again asks the Government to provide information on national law and practice concerning the situation of the various classes of persons in the service of the State, particularly in respect of freedom to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.