Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Libya (Ratification: 1975)

The Committee refers the Government to its observation and notes the information provided in its report. It notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomed the mission and provided assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation as well as the decisions taken by the Government into conformity with the ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the National Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the National Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the National Schedule regarding anthrax infection does not refer, among the activities involving exposure to the risks in question, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. The Committee notes with interest that Regulations on Insurance Benefits No. 669 of 1981 will be revised so as to be in conformity with the Schedule of Occupational Diseases annexed to the Convention. The Committee requests the Government to keep it informed on any progress made in this regard.

Article 10. The Committee recalled in its previous comments the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point. The Committee notes the information provided by the Government, according to which medical services are provided by hospitals and health centres provided insured persons participate by paying 2.5 per cent. It would like the Government to specify whether the indicated percentage relates to the rate of contributions to be paid by insured persons or whether it relates to the cost of the prosthetic appliances.

Articles 13, 14 and 18 (in conjunction with Articles 19 or 20). With reference to its previous comments, the Committee notes the information provided by the Government on the calculation of benefits for a self-employed person. The Committee would therefore like the Government to provide the information requested under the report form on the calculation of an employment injury pension for a standard beneficiary who worked in salaried employment when the contingency occurred. The Committee would also like the Government to provide up-to-date information on the wage of a skilled manual male employee determined in accordance with paragraph 6 of Article 19 of the Convention, under Titles I-V, and on the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of Article 20, under Titles I-V. It would also like the Government to communicate information on the average wage of all protected persons.

Article 21. With reference to its previous comments, the Committee notes the Government’s indication, according to which in the framework of cooperation with the ILO, the Government shall undertake a study to indicate the financial status for the evaluation of benefits in accordance with section 28 of the Social Security Act (No. 13 of 1980). In light of the study, it would be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefits and that its next report will contain information in this regard.

Article 22(e). With reference to its previous comments, the Committee recalled that sections 38(5), 39(1)(b) and (c), 40 and 59 of the 1981 Regulations on Social Security Pensions are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. In its report the Government indicates that in the event of serious misconduct of the person concerned, the suspension of an employment injury benefit is subject to verification of such cases through different investigations which are carried out with respect to an accident, and which determine whether an action is appropriate or not. The Committee takes note of this information. It hopes that the Government will examine the possibility of amending the Regulations on Social Security Pensions so as to ensure that the suspension of benefits is only authorized where the employment injury has been caused by the wilful misconduct of the person concerned.