Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

With reference to its observation, the Committee notes the information provided by the Government in its report. It also notes the mission carried out by the Office in October 2004 and the information provided to it by the technical committee responsible for reports. It hopes that as a result of the technical assistance that it has requested, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which the Committee has commented and that it will provide information in its next report on the following points.

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. The Committee notes the Government’s indication that all employees without exception are entitled to medical care. It hopes that the Government will provide statistical information with its next report on 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. In its previous comments, the Committee noted the information provided by the Government on the basis of which it understood 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, as envisaged by section 29(d)(2) of 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 Health Act No. 106 of 1972 and its implementing regulations. The Committee once again hopes that the Government will 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. In its previous comments, the Committee requested 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. It notes the Government’s indication that no ceiling is prescribed, either for overall income, which is taken into account to the level of 100 per cent, nor for the amount of the benefit itself. It further notes section 25 of the Social Security Act No. 13 of 1980 and its amendments, referred to by the Government, which provides for a benefit equivalent to 100 per cent of the assumed income for a period of three months.

The Committee also requested the Government to provide the statistical data requested under Article 65 of the Convention, with an indication of the wage of a skilled manual male employee selected in accordance with paragraphs 6 and 7 of Article 65. The statistics provided by the Government do not contain the information requested. The Committee once again requests the Government to provide with its next report the statistical information requested under this provision.

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. In previous comments, it requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. It notes the Government’s indication that the ILO has submitted a technical assistance project to the Social Security Fund in Libya in this field. The Committee hopes that the Government will provide information on the progress achieved in this respect.

[The Government is asked to report in detail in 2005.]