Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Abolition of Forced Labour Convention, 1957 (No. 105) - Libya (Ratification: 1961)

The Committee notes the Government's report and the discussions that took place at the Conference Committee in 1991.

1. Article 1(a), (c) and (d) of the Convention. In comments it has been making for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment involving compulsory labour may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

The Committee has pointed out in paragraphs 102 to 109 of its General Survey of 1979 on the Abolition of Forced Labour that the Convention does not prohibit the exaction from common offenders of compulsory labour intended to reform or rehabilitate them. The Committee has stressed, however, that this same need does not arise in the case of persons protected by the Convention: in the case of persons punished for having expressed certain political views, an intention to reform or educate them through labour would in itself be covered by the express terms of the Convention, which applies, inter alia, to any form of compulsory labour as a means of political education.

The Committee notes the information supplied by the Government and, in particular, the reports of the national committee responsible for examining international labour Conventions and Recommendations. According to these reports, although the national committee is not convinced of the need to abolish the obligation to work which, in its opinion, enables prisoners to be reintegrated into the labour market and does not constitute labour, it recommends that the legislation be amended to provide that prisoners may work if they so wish.

The Committee notes that the Government already mentioned a similar reform of the legislation in its report received in 1988, and hopes that the Government will shortly provide information on the legislative amendments adopted to ensure that effect is given to the Convention in this respect.

2. The Committee hopes that the Government will provide copies of the following texts referred to previously: the Green Paper on human rights, the Orders of the Higher Council of the Revolution of 11 December 1969 respecting the defence of the revolution and of 26 October 1969 respecting the judgement of those responsible for political and administrative corruption, which are referred to in section 5(A)(8) of the Publications Act; all legislative texts concerning the establishment, operation and disbanding of associations and political parties.