Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Libya (Ratification: 1975)

With reference to its observation, the Committee notes the information concerning the application of Convention No. 102 and Part II (Medical care) of Convention No. 130, provided by the technical committee responsible for preparing the necessary replies to the comments of the Committee of Experts, which were forwarded by the Government in May 2000. It notes in particular the information concerning the application of Articles 11, 51 and 71, paragraphs 1 and 2, of the Convention, on which it had commented previously. With regard to other issues that it has been raising for several years, the Committee hopes that the Government will provide full particulars for examination at its next session, particularly on the following points.

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48, of the Convention. Please supply statistics relating to the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

2. Part II (Medical care), Article 10, paragraph 2. According to the information provided by the Government, the Committee understands that, in addition to the specialist care provided by the secretariat for social security under the social security legislation, basic care, including hospitalization when necessary, is provided by the health secretariat in exchange for the payment of the compulsory social security contribution of 2.5 per cent envisaged by section 29(d)(2) of the Social Security Act No. 13 of 1980. The nature and type of specialist care are determined by rules made under sections 12(b) and 30 of Act No. 13, while the nature and type of basic care are determined by the Health Act No. 106 of 1972 and its implementing regulations. The Committee would therefore be grateful if the Government would provide copies of this legislation, with an indication of the provisions guaranteeing the types of medical care envisaged in Article 10, paragraph 2, of the Convention.

3. Part VIII (Maternity benefit), Article 50. With reference to its previous comments, the Committee once again requests the Government to indicate whether a ceiling is prescribed for the overall monthly income taken into account for the calculation of maternity benefit or for the level of the benefit itself, and to provide copies of the applicable provisions. Please also provide the statistics requested under Article 65 of the Convention and indicate the wage of a skilled manual male employee selected in accordance with paragraphs 6 and 7 of Article 65.

4. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee notes that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund has to be examined by one or more actuaries every three years. The Government is therefore requested to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security have been carried out recently and, if so, to provide the results of these studies.

[The Government is asked to report in detail in 2003.]