Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. The Committee notes that in response to its repeated requests for information on how Act No. 20 of 1991 on the promotion of freedom ensures that the principle of non-discrimination in employment and occupation laid down in the Convention is applied in practice, the Government merely states, in its brief report, that during the period in question there were no complaints or legal proceedings concerning discrimination in employment and occupation because there is no such discrimination. The Committee is obliged to repeat the comments it made in its previous direct request, namely that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties, when no other details are given on the contents and methods of implementing the national policy on the promotion of equal opportunity and treatment (see paragraph 240 of the 1988 General Survey on equality in employment and occupation). Furthermore, as the Committee pointed out in paragraph 165 of its 1996 Special Survey on equality in employment and occupation, within the meaning of the Convention anti-discrimination provisions alone -- whether in Constitutions or other legislation -- are not enough to implement effectively the principles of equality of opportunity and treatment. There must also be a genuine policy to promote equality of opportunity and treatment in employment. Consequently, the Committee again asks the Government to provide detailed information on the practical effect given to Act No. 20 of 1991 which, according to the Government, is the basis of the national policy to combat all discrimination on the seven grounds set out by the Convention in Article 1, paragraph 1(a). Please indicate, for example, how the education and information of the public on the national policy to combat discrimination are ensured or encouraged; and the measures taken to obtain the cooperation of employers' and workers' organizations in promoting the acceptance and implementation of the Act.

2. The Committee notes the information supplied by the Government in its report to the Committee on the Elimination of Discrimination Against Women (United Nations document A/49/38 of 12 April 1994) and that Committee's observations on the report, to the effect that it was not possible to speak of equal rights of women and yet to maintain sexual stereotypes by insisting on the role of women as housekeepers. The Committee again asks the Government to provide information on the training provided for women. It would be grateful if the Government would indicate, in particular, whether through training women have access to all types of work and sectors of production, and not only those corresponding to the traditional stereotypes of "women's work".

3. The Committee notes that the Government's report contains no reply to the other points raised in its previous direct requests, and urges the Government to ensure that its next report provides detailed answers to the following questions.

(a) What measures have been taken to give effect to Decision No. 164 of 1988 of the People's General Committee concerning the system of employment of Libyan women and Act No. 8 of 1989 concerning the right of women to have access to the magistrature?

(b) With regard to each of the seven grounds of discrimination prohibited by the Convention, and particularly sex, how is non-discrimination ensured both in access to the public service and during the course of a career in the public service?

(c) Please provide copies of reports which illustrate the implementation of the principle of equality of opportunity and treatment between men and women with regard to access to employment and terms and conditions of employment in both the public and private sectors.