Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Discrimination based on race, colour or national extraction. For a number of years, the Committee has been engaging in a dialogue with the Government regarding the need to take measures to combat a climate of anti-black sentiment and racially motivated acts against foreign workers which might have an adverse impact on the employment situation and terms and conditions of employment of black Africans in the country. The Committee notes the Government’s statement that it has already clarified this matter in previous reports and that the Jamahiriya pays attention to the protection of citizens from the African Union and from other countries. The Government further maintains that there is no discrimination, and that it is providing job opportunities to achieve socio-economic development in all the countries of the African Union. The Committee regrets that despite repeated comments of the Committee, the Government continues to give general replies on this issue without providing any details on the actual measures taken to address discrimination against foreign workers on the basis of race, colour or national extraction in employment and occupation. It reminds the Government that it has the obligation under the Convention to take active measures to protect citizens and non-citizens against racial and ethnic discrimination. The Committee strongly urges the Government to provide full particulars in its next report on the measures taken, including any research or studies undertaken, to prevent and eliminate the occurrence of racial and ethnic discrimination in all aspects of employment and occupation, and to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries.

2. National policy on equality of opportunity and treatment. Over the past ten years, the Committee has asked the Government to provide information on the practical effect given to Act No. 20, 1991, on the promotion of freedom which, according to the Government, is the basis of its national policy to combat all discrimination on the seven grounds set out in the Convention in Article 1(1)(a). In its reply, the Government continues to maintain that discrimination is prohibited in the national legislation and that no complaints have been received regarding discrimination in employment. It failed, however, to give any further information on the content and methods of promoting and implementing a national policy on equality of opportunity and treatment. The Committee understands from the Government’s statement in its most recent report that Act No. 20 concerns equality between men and women and does not cover any of the other grounds contained in the Convention. The Committee is seriously concerned about the persistent lack of information in the Government’s report on its obligation under Article 2 of the Convention to declare and pursue a national policy on equality with respect to all the grounds covered by the Convention. The Committee recalls that this includes the setting up of programmes along with the implementation of appropriate measures according to the principles outlined in Article 3 of the Convention. The Committee urges the Government to provide full details in its next report on how a national policy has been declared and on the general methods and measures by which such a policy is being implemented with respect in particular to the grounds of race, colour, religion, political opinion, national extraction and social origin.

3. Adoption of anti-discrimination legislation. Further to the above, the Committee notes that there is no comprehensive legislation to prevent and prohibit direct and indirect discrimination in all aspects of employment and occupation on the grounds contained in Article 1(1)(a) of the Convention. The Committee considers that the adoption of such legislation constitutes an important step towards the adoption and implementation of a national policy on equality, and demonstrates a country’s commitment to achieving the objectives of the Convention. Noting that the Labour Code is currently being redrafted in order to be submitted to the Peoples’ Congress, the Committee strongly encourages the Government to consider including provisions prohibiting direct and indirect discrimination in employment and occupation on all the grounds contained in the Convention, and to provide information on the progress achieved in this regard.

4. Equality between men and women with respect to access to employment. Further to its previous observation regarding the employment of women, the Committee notes from the statistics provided in the Government’s report that the percentage of economically active women increased from 15.65 per cent in 1995 to 29.59 per cent in 2006. It also notes the Government’s indication that women work in all economic activities and assume high-level positions in the government and in the judiciary. The Committee welcomes this increase but considers that women’s economic activity rate remains low as compared to men (60.48 per cent in 2006). The Committee requests the Government to provide more detailed statistics disaggregated by sex on the employment of women and men in the various occupations and sectors of the economy, including statistics on their employment in judicial and public prosecution posts, in the judicial administration as well as in high-level positions in both the public and private sectors.

5. Access of women to vocational training and education. The Committee notes Decision No. 258, 1989, of the General People’s Committee relating to the rehabilitation and training of Libyan women. It notes that certain of its provisions refer to “suitable job opportunities to women”, to training for “occupations and skills that are suitable to their psychological and physical make-up”, and study fields that are “suitable to women’s nature and their social conditions”. The Committee reminds the Government that social stereotypes that deem certain types of work as “suitable to women’s nature or social conditions” or to “their psychological and physical make-up” are likely to lead to women and men being channelled into different education and training and subsequently into different jobs and career tracks, thus encouraging occupational segregation. While more fields of training and employment may be opening up for women, the Committee is concerned that the practical effect of these provisions may result in inequalities in the labour market and occupational gender stereotyping. The Committee asks the Government to clarify the meaning of “suitable job opportunities”, “suitable to their psychological and physical make-up”, and “suitable to women’s nature and their social conditions”, and to provide information on the measures taken or envisaged to ensure that women are not excluded or discouraged from participating in vocational training courses or being denied job opportunities in traditionally male areas.

The Committee is raising other matters in a request addressed directly to the Government.