Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  The Committee has noted the communication from the International Confederation of Free Trade Unions (ICFTU) alleging that the Libyan Government has not fulfilled its obligations under the Protection of Wages Convention, 1949 (No. 95), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). According to the ICFTU communication, acts of violence, stemming from the anti-black sentiment in the population, were perpetrated by young Libyans against black Africans following the Libyan authorities’ decision to take drastic measures against employment of foreigners. The ICFTU communication was transmitted to the Government for comment on 3 November 2000. The Government is requested to supply any information in response that it may wish the Committee to consider during its examination of the question at its forthcoming session.

2.  The Committee notes with regret that once again the Government’s report does not reply to any of the points raised in its previous comments. The information in the new report is of a general nature and most of it has already been received by the Committee. The Government affirms once again that there is no discrimination in employment and occupation and gives as evidence of this the lack of complaints concerning this matter. The Committee is of the view, however, that the absence of legal proceedings, far from being an indication of lack of discrimination, tends rather to conceal the discrimination which actually exists. In fact, as it has frequently explained, it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the Convention is fully applied, particularly when no other details are given on the content and methods of implementing the national policy on the promotion of equal opportunity and treatment. The Committee notes that the Government lists in its report, a number of legislative texts in support of its affirmation: the Big Green Book and Act No. 5/1991 on the application of principles of the Big Green Book on human rights; the Labour Code (Act No. 58/1970) and its implementing regulations and decrees; Act No. 55/1976 on service; Act No. 15/1981 concerning the salary system; and Act No. 20/1991 on the promotion of freedom. While the Committee recognizes that incorporation in national standards of the principle enshrined in the Convention is an essential prerequisite for application of the principle of equality of opportunity and treatment in employment and occupation, it emphasizes that this is only one stage. There must also be an active policy to promote equality of opportunity and treatment in employment so that the principle, enshrined in the national legislation, is effectively applied in practice and does not remain a dead letter. The Committee therefore once again requests the Government to supply detailed information on the measures taken or envisaged to ensure effective application of the principle of equality of opportunity and treatment in employment and particularly on the practical effect given to the abovementioned Act No. 20/1991 which, according to the Government, is the keystone of the national policy to combat all discrimination on the basis of the seven grounds set out by the Convention in Article 1, paragraph 1(a). Please indicate, for example, how public education and information 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 application of the Act.

3.  In regard more specifically to discrimination on the basis of sex, the Committee recalls that, like the United Nations Committee on the Elimination of Discrimination Against Women (United Nations document A/49/38 of 12 April 1994), the Committee emphasized in its previous comment that it is not possible to speak of equal rights for women and yet to maintain a single sexual stereotype of the role of women exclusively as housewives. In this respect, it notes the Government’s statement that women in the country occupy very senior positions in the civil service (state prosecutor, ambassadress, minister, etc.), to which they have acceded on the basis of their personal merit, and not because there are posts specifically reserved for men or for women. Noting that access to the civil service and career development is based on the individual competence of the persons concerned (qualifications, years of service, experience, skills) and not on characteristics unrelated to the requirements inherent in a particular post, the Committee requests the Government to supply statistical data in its next report on the quantitative as well as the qualitative position of women on the labour market, in both the public and private sectors.

4.  The Committee notes that the Government’s report contains no reply to the other points raised in its previous comments and urges the Government to ensure that its next report provides detailed answers to the following points:

(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)  Please provide copies of reports or studies 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.

5.  The Committee trusts that the Government will make every effort to supply the information requested in order to allow the Committee to assess the effective application of the Convention.