Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Libya (Ratification: 1961)

The Committee notes the information supplied in the Government's report, in particular the legislative texts annexed thereto.

1. Regarding the recommendation of the national committee set up to study international labour Conventions and Recommendations to the effect that a provision should be added to the Labour Code of 1970 prohibiting discrimination of any sort in accordance with Article 1 of the Convention, the Committee notes with interest the adoption of Act No. 20 of 1991 on the promotion of freedom which provides, in section 1, that "the citizens of the Jamahiriya, men and women, are free and equal in the field of rights. It is prohibited to prejudice their rights". The Committee requests the Government to supply information concerning the application of this provision in practice, indicating, in particular, the relevant monitoring authority (labour inspectorate, labour courts, etc.) and to provide copies of any proceedings pertaining to discrimination in employment that might be brought under Act No. 20.

2. As regards the employment situation of women, the Committee notes that the number of women in the active labour market has risen from 5.7 per cent in 1970, to 16.2 per cent in 1988 and 19 per cent in 1991, that female employees predominate in the education and health sectors and have, according to the Government, finally reached the stage of occupying many posts in the administration of the State, such as Deputy Secretary of the People's General Congress. Noting further the efforts made to establish, finance and equip (mainly with sewing and embroidery machines) training centres in all municipalities of the country within the context of the programme for productive family centres of the People's General Committee for Light Industry, which are aimed at helping women have access to work and production, the Committee requests the Government to continue supplying detailed information of this nature. At the same time, it draws the Government's attention to paragraph 38 of its 1988 General Survey on Equality in Employment and Occupation concerning the dangers of occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, and trusts that the training centres offer women access to all types of work and production and not only those echoing traditional stereotypes of "women's work".

3. As regards the effect given to Part 111 of the Green Book, which suggests that women should be offered employment and education opportunities that are different from those of men, the Committee notes the Government's explanation of this text in terms of women enjoying equality with men at all levels of primary, intermediate and university education and through the establishment, by the Secretariat of Vocational Training, of vocational training centres adapted to the needs of women, such as those for administrative and financial professions, industrial design and hotel training. The Government also mentions its interest - without detailing how that interest is shown in concrete terms - in women's participation in other areas of work, like the medical and paramedical professions, teaching and social security. The Committee would again draw the Government's attention to the above-cited paragraph of its 1988 General Survey, and asks the Government to supply copies of the reports of the People's General Committee on the Planning of the Economy, referred to in its report, showing developments in the education and employment of women in various sectors outside teaching, health service industries and light manufacturing such as sewing. For example, what measures have been taken to follow up on Decision No. 164 of 1988 of the People's General Committee concerning the employment system for Libyan women and on Act No. 8 of 1989 concerning the right of women to have access to the magistrature?

4. Noting from the legislative texts supplied (in particular Decision No. 416 of 1989 of the People's General Committee) that the responsibilities that had been conferred on the People's General Committee for the Public Service appear to have been reassigned following the reorganization of the latter, the Committee requests the Government to supply information on the exact structures now governing the public service, in particular, describing the functions and activities of the competent bodies concerned with ensuring that no discrimination exists as regards access to public service posts nor in the terms and conditions of employment of public servants, on any of the grounds listed in the Convention. It would also appreciate receiving copies of any reports that the People's General Committee for the Public Service or other body which has been assigned its responsibilities may have produced which throw light on the implementation of the principle of equality of employment and opportunity between men and women in the public service.