Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Libya (Ratification: 1975)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos. 102 (Social Security (Minimum Standards)), 121 (Employment Injury Benefits), and 128 (Invalidity, Old-Age and Survivors’ Benefits) together.

Article 65, 66 or 67, of Convention No. 102, Article 19 or 20 of Convention No. 121, Article 26, 27 or 28 of Convention No. 128. Review of the level of social security benefits. Since 2004, the Committee has been requesting the Government to take measures to give full effect to the provisions of the above-mentioned Conventions, in law and in practice. In this regard, the Committee takes note of the indication by the Government in its report that the level of social security benefits provided in Libya in accordance with Law No. 16 of 1985 must not be less than the minimum wage, currently set in 450 dinars per month, and that pursuant to a Council of Ministers Decision No. 1 of 2021, a study is being conducted to evaluate the possibility of increasing the level of social security benefits up to a maximum of 800 dinars per month for low-income families. The Government also indicate its intent to request ILO’s technical assistance in this regard. The Committee requests the Government to: (i) indicate which are the benefits concerned by this evaluation; (ii) provide information on the findings and recommendations of the study; and (iii) supply information on any measure taken or envisaged to increase the level of benefits provided in application of Conventions Nos 102, 121 or 128, as the case may be, together with the statistical information necessary for the Committee to assess the conformity of the benefit levels with the requirements of the Conventions concerned. The Committee strongly encourages the Government to avail itself of ILO technical assistance.

Application of Conventions Nos 102, 121, 128 and 130 in law and in practice. Since 2004, the Committee has been requesting the Government to provide information on developments in respect of measures taken to give full effect to the provisions of the above-mentioned Conventions, including statistical data as to the coverage and adequacy of benefits provided by the Social Security Fund. In order to be able to resumethe examination of the pending technical issues under the abovementioned Conventions, the Committee requests the Government to supply, without further delay, detailed statistical data and information in the manner provided by the report forms, particularly concerning information in conformity with Title I of Article 76 of the report form for Convention No. 102, Title V of Article 12 of the report form of Convention No. 118, Titles I to V of the Articles 13, 14, and 18, and Article 21 of the report form of Convention No. 121, and Titles under Parts V and VII of the report form of Convention No. 128.

Article 3(1) of Convention No. 118. Equality of treatment. For over 20 years, the Committee has found that several provisions of the national legislation are not in conformity with Article 3(1) of the Convention, since they establish different conditions and requirements for the entitlement of non-Libyan workers to social security benefits. The Committee recalls that this concerns, in particular:

• (i)Section 38 of Social Security Act No. 13 of 1980 and Regulations 28–33 of the Social Pensions Regulations of 1981, which provide that non-Libyan workers receive a lump sum for premature termination of work, while nationals are guaranteed the maintenance of their wages or remuneration;
• (ii)Sections 5(c) and 8(b) of the Social Security Act that, which do not provide for the compulsory affiliation of self-employed non-Libyan workers or those working in the public administration to the social security scheme;
• (iii)Regulation 16(2) and (3) and Regulation 95(3) of the Social Pensions Regulations, under which non-Libyan nationals who have not completed the minimum period of ten years of contributions to the social security scheme are not entitled to an old-age pension or to a pension for total incapacity due to a non-occupational injury, while Libyan workers are;
• (iv)Regulation 174(2) of the Social Pensions Regulations, under which the minimum qualifying period of ten years of contributions is also required for benefits due to survivors of a non-Libyan national, as opposed to Libyan nationals.

The Committee recalls that Article 3(1) of the Convention requires Member States for whom the Convention is in force to grant within their territory to the nationals of any other Member for which the Convention is in force equality of treatment under its legislation with its own nationals, both as regards coverage and as regards the right to benefits, in respect of every branch of social security for which it has accepted the obligations of the Convention. Consequently, it urges the Government to make the necessary amendments to its national legislation, and in particular to the provisions mentioned above to ensure the full application, in law and in practice, of this Article.

Articles 5 and 10 of Convention No. 118. Payment of benefits abroad. The Committee notes that section 161 of the Social Pensions Regulations of 1981 expressly provides that pensions or other cash benefits may be transferred to beneficiaries resident abroad only where that is envisaged by agreements to which Libya is a party. The Committee recalls once more that, in accordance with Article 5 of the Convention (read in conjunction with Article 10), each Member which has ratified the Convention must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors’ benefits, death grants and employment injury pensions. The Committee requests the Government to take the necessary measures to give effect to Articles 5 and 10 of the Convention by ensuring that pensions and cash benefits can be paid to workers and their survivors, including refugees and stateless persons, residing abroad regardless of the existence of bilateral agreements between Libya and the other Member State in which they reside.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. Conscious of the difficult situation which prevails currently in Libya, the Committee notes that the Government reiterates that the Social Security Fund is still in the process of carrying out an actuarial study as required by section 34 of the Social Security Law No. 13 of 1980 with a view to undertaking a comprehensive review of periodical payments provided by the social security system, considering the number of participants as well as the monetary and in-kind benefits which will be provided, and the value of contributions for the persons insured in the future. The Committee hopes that the Government will soon be in a position to provide information about new developments in this respect and will resume the examination of the pending technical issues under the Convention with the regular reporting cycle, in 2016.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the reports supplied by the Government in 2012 and 2013 on the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), and the Medical Care and Sickness Benefits Convention, 1969 (No. 130), in which the Government refers to the adoption of new legislation having an impact on the application of ratified social security Conventions, including Act No. 12 of 2010, promulgating the new Labour Relations Law, and Act No. 20 of 2010 on health insurance. The Committee notes, in particular, that the Government reiterates that the Social Security Fund is still in the process of carrying out an actuarial study as required by section 34 of the Social Security Law No. 13 of 1980 with a view to undertaking a comprehensive review of periodical payments provided by the social security system, considering the number of participants as well as the monetary and in-kind benefits which will be provided, and the value of contributions for the persons insured in the future. The Government also reiterates its willingness to request the technical assistance of the ILO in this respect.

Conscious of the difficult situation which prevails currently in Libya, the Committee commends the Government’s decision to undertake an actuarial analysis before making major parametrical decisions aimed at reforming the national social security system, in line with Article 71(3) of the Convention which establishes the general responsibility of the State for the due provision of benefits, including through actuarial studies before any change in benefits, the rate of insurance contributions or the taxes allocated to covering the contingencies in question.

The Committee hopes that the Government will soon be in a position to provide information about new developments in this respect and will resume the examination of the pending technical issues under the abovementioned Conventions with the regular reporting cycle, that is in 2016.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part IV (Survivors’ benefit), Article 23 (in relation to Articles 26 or 27) of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government with respect to Part IV (Survivors’ benefit) of the Convention. According to this information, there are two methods of calculation of the pension to which a widow shall be entitled. In this regard, the Committee understands that the second method of calculation constitutes the minimum pension to which the widow is entitled. According to this calculation, the minimum pension is based on half of the amount of the last income, salary or wage of the insured person in addition to the basic pension and family allowances which, however, may not exceed 80 per cent of the last income, salary or wage. The Committee would like the Government to confirm this method of calculation for the minimum pension. It would further like the Government to indicate in its next report to which portion (percentage) of this minimum pension a standard beneficiary (a widow with two children) would be entitled.

Part V (Standards to be complied with by periodical payments),
Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) For the purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is asked to provide the up to date statistical information required by the report form under Titles I–IV of Article 26 or Article 27 of the Convention, whichever is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26(6)) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27(4)).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee notes the Government’s indication that in the framework of cooperation with the ILO, the Government will 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 should 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 cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should 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. It hopes that its next report will contain information in this regard.

Part VI (Common provisions), Article 35. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund have to be examined by one or more actuaries every three years. 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. The Committee notes the Government’s indication that discussions with the ILO have been held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants, the monetary and in-kind benefits which will be provided, as well as the value of contributions in relation to insured persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

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

The Committee notes the information communicated by the Government in its report. It 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 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 other provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

1. Part IV (Survivors’ benefit), Article 23 (in relation to Articles 26 or 27) of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government with respect to Part IV (Survivors’ benefit) of the Convention. According to this information, there are two methods of calculation of the pension to which a widow shall be entitled. In this regard, the Committee understands that the second method of calculation constitutes the minimum pension to which the widow is entitled. According to this calculation, the minimum pension is based on half of the amount of the last income, salary or wage of the insured person in addition to the basic pension and family allowances which, however, may not exceed 80 per cent of the last income, salary or wage. The Committee would like the Government to confirm this method of calculation for the minimum pension. It would further like the Government to indicate in its next report to which portion (percentage) of this minimum pension a standard beneficiary (a widow with two children) would be entitled.

2. Part V (Standards to be complied with by periodical payments),
Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) For the purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is asked to provide the up to date statistical information required by the report form under Titles I–IV of Article 26 or Article 27 of the Convention, whichever is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee notes the Government’s indication that in the framework of cooperation with the ILO, the Government will 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 should 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 cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should 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. It hopes that its next report will contain information in this regard.

3. Part VI (Common provisions), Article 35. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund have to be examined by one or more actuaries every three years. 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. The Committee notes the Government’s indication that discussions with the ILO have been held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants, the monetary and in-kind benefits which will be provided, as well as the value of contributions in relation to insured persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

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

The Committee notes the information communicated by the Government in its report. It notes 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 ILO social security Conventions. It also notes with interest the information provided on the application of Part IV (Survivors’ benefit), Article 24, paragraph 2, of the Convention. 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.

The Committee is addressing a request directly to the Government on other points.

[The Government is asked to report in detail in 2009.]

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

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.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part X (Survivors’ benefit), Article 22, of the Convention. With reference to its previous comments, the Committee notes the Government’s indication according to which it acknowledges that, thanks to the explanations provided by the ILO mission, it was possible for the Government to provide the information requested on the amount of the different benefits. In this regard, the Committee notes the statistical information on the number and amount of social security benefits and the examples provided so as to clarify the provisions of Social Security Act No. 13 of 1980. With regard to survivors’ benefits, the Committee notes that the calculation of benefits is based on 34 years of service of the insured persons. Keeping in mind that, under the terms of Part X of the Convention, the rate of the survivors’ benefit should be such as normally to represent in the case of a widow with two children at least 40 per cent of the standard earnings on completion of the maximum qualifying period prescribed in paragraph 1(a) of Article 63 (in principle 15 years of contribution or employment), the Committee would like the Government to base its calculations for a standard beneficiary (widow with two children) whose breadwinner has completed a qualifying period of 15 years at the occurrence of the invalidity.

2. Part X (Survivors’ benefit), Article 24, paragraph 2. In its previous comments the Committee requested the Government to indicate the minimum period of contribution or employment required for entitlement to a survivor’s pension, and to provide the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It noted in this connection that the technical committee had recommended reconsidering the social security regulations regarding the minimum period of service and the social security contributions for entitlement to a pension, in accordance with the provisions of Convention No. 128. The Committee would like the Government to indicate whether a spouse whose insured husband dies after five years of contributions or employment is entitled to a survivor’s pension

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit), Article 10; Part III (Old-age benefit), Article 17; and Part IV (Survivors’ benefit), Article 23. (a) For the purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is asked to provide up-to-date statistical information required by the report form under Titles I-IV of Article 26 or Article 27 of the Convention, whichever of the two is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). 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 cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should 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. It hopes that its next report will contain information in this regard

4. Part VI (Common provisions), Article 35. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. 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. The Committee notes the Government’s indication that discussions with the ILO were held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants as well as the monetary and in-kind benefits which will be provided, as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

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

The Committee notes the information provided by the Government in its report. It also 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 welcomes the mission and provides 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.

Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors’ benefit), Article 22, of the Convention. With reference to its previous comments, the Committee notes the Government’s indication, according to which it acknowledges that, thanks to the explanations provided by the ILO mission, it was possible for the Government to provide the information requested on the amount of the different benefits. In this regard, the Committee notes the statistical information on the number and amount of social security benefits and the examples provided so as to clarify the provisions of Social Security Act No. 13 of 1980. With regard to old-age and invalidity benefits, the Committee notes with satisfaction that, according to the information provided, the amount of these benefits attains the level prescribed by the Convention.

The Committee is raising a number of issues in a direct request and hopes that the Government will provide the information requested for examination at its next session.

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

The Committee refers the Government to its observation and takes note of the information supplied in the Government’s report. It also notes the mission carried out by the Office in October 2004 and the information supplied to it by the Technical Committee responsible for reports. The Committee hopes that following the assistance it requested, the Government will take the necessary steps to give full effect in law and in practice to the provisions of the Convention on which the Committee has been commenting, and will provide information in its next report on the following points.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors’ benefit), Article 22 of the Convention. In its previous comments the Committee noted the statistical information on the number and amount of social security benefits in 1988 supplied by the Government. It again expresses the hope that the Government include in its next report as well statistical data on the scope of the various contingencies as required by the report form for Convention No. 128 under paragraph 1(a) and (b) of each of the abovementioned Articles.

2. Part IV (Survivors’ benefit), Article 24, paragraph 2. In its previous comments the Committee requested the Government to indicate the minimum period of contribution or employment required for entitlement to a survivor’s pension, and to provide the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It noted in this connection that the Technical Committee had recommended reconsidering the social security regulations regarding the minimum period of service and the social security contributions for entitlement to a pension, in accordance with the provisions of Convention No. 128. The Committee hopes that the Government will provide information in its next report on the action taken on this recommendation, together with the text of the regulatory provisions in question.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) The Committee noted in its previous comments that, according to the Technical Committee, the benefits are calculated on the basis of the wage or remuneration prior to the accident and determined by the reduction in social security contributions; the criteria and methods for calculating the wage or remuneration are illustrated by social security dispute settlements. The Committee again requests the Government to indicate the regulatory provisions in question and to provide specific examples of pension calculations for the abovementioned contingencies for a person corresponding to a standard beneficiary who has completed the qualifying period prescribed by the Convention. For the purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is also asked to provide the statistical information required by the report form under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of the two is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee again asks the Government to do its utmost to ensure that effect is given to this Article of the Convention, which provides that the rates of cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed following substantial changes in the cost of living. Please provide the statistical information required under this Article of the Convention by the report form adopted by the Governing Body.

4. Part VI (Common provisions), Article 34, paragraph 2. With reference to its previous comments concerning the settlement of social security disputes, the Committee notes the provisions of article 6 of Ministry of Justice Decision No. 714 of 1974 on the procedures of the dispute settlement committees established pursuant to the Social Security Act.

5.  Part VI (Common provisions), Article 35. In its previous comments, the Committee noted that according to section 34 of Act No. 13 of 1980, the financial position of the Social Security Fund must be examined by one or more actuaries every three years, and asked the Government to indicate whether actuarial studies or calculations had been carried out recently, and if so to provide information on the results of them. It notes the information that the Office has submitted a technical assistance project to the Social Security Fund in Libya on this matter. The Committee hopes that in its next report the Government will provide information on progress made in this regard.

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

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

The Committee notes the information supplied by the Government in its report. It also notes the mission carried out by the Office in October 2004 and the information supplied to it by the technical committee responsible for reports. The Committee notes that the Government welcomes the mission and states that it undertakes to fulfil its obligations under the Convention. The Committee notes with interest the Government’s request for technical assistance in order to act on the Committee’s comments and that such assistance will be provided in the course of 2005. The Committee hopes that as a result of the assistance, the Government will take the necessary steps to give full effect in law and in practice to the provisions of the Convention on which the Committee has been commenting.

The Committee raises a number of issues in a direct request and hopes that the Government will not fail to provide the information requested for examination at its next session.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its observation, the Committee hopes that a detailed report will be sent for examination at its next session and that it will contain full information on the following points, which the Committee has been raising in its comments for a number of years.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors’ benefit), Article 22 of the Convention. The Committee notes the statistical information on the number and amount of social security benefits in 1998 supplied by the technical committee responsible for preparing the necessary responses to observations by the Committee of Experts. It trusts that in its next report the Government will not fail to include statistical data on the scope of the various contingencies required by the report form on Convention No. 128 under paragraph 1(a) and (b) of each of the abovementioned Articles.

2. Part IV (Survivors’ benefit), Article 24, paragraph 2. In its previous comments, the Committee requested the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors’ pension. It also asked the Government to send the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It notes in this connection that the abovementioned technical committee recommends reconsidering the social security regulations as regards the minimum period of service and the social security contributions for entitlement to a pension, in accordance with the provisions of Convention No. 128. The Committee would be grateful if in its next report the Government would provide information on the effect given to this recommendation and the text of the regulatory provisions in question.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) The Committee notes that, according to the technical committee, the benefits are calculated on the basis of the wage or remuneration prior to the accident and determined by the reduction in social security contributions; the criteria and methods for calculating the wage or remuneration illustrated by social security dispute settlements. The Committee would be grateful if the Government would indicate the regulatory provisions in question and provide specific examples of pension calculations for the abovementioned contingencies for a person corresponding to a standard beneficiary who has completed the qualifying period prescribed by the Convention. For the purposes of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, please also provide the statistical information required by the report form under titles I to IV of Article 26 or Article 27 of the Convention, whichever of the two is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee again asks the Government to do its utmost to ensure that effect is given to this Article of the Convention which provides that the rates of cash benefits currently payable pursuant to Article 10 (Invalidities benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed following substantial changes in the cost of living, and to provide the statistical information required under this Article of the Convention by the report form adopted by the Governing Body.

4. Part VI (Common provisions), Article 34, paragraph 2. With reference to its previous comments concerning the settlement of social security disputes cited by the technical committee, the Committee would be grateful if the Government would state which regulatory provisions allow the claimant to be represented or assisted by a qualified person of their choice or by a delegate of an organization representative of persons protected, in accordance with Article 34, paragraph 2, of the Convention.

5. Part VI (Common provisions), Article 35. The Committee notes that, according to section 34 of Act No. 13 of 1980, the financial position of the Social Security Fund must be examined by one or more actuaries every three years. The Government is accordingly asked to indicate whether any actuarial studies or calculations have been carried out recently in the interests of sound social security finances and, if so, to send information on the results.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to the comments it has been making for many years on Conventions Nos. 102, 118, 121 and 130, ratified by the Libyan Arab Jamahiriya, the Committee draws the Government’s attention to Part I of its observation on Convention No. 102.

As regards Convention No. 128, the Committee notes with regret once again that the information supplied by the technical committee responsible for preparing the necessary replies to the observations of the Committee of Experts, like the information supplied in 1992, gives only partial responses and does not contain the statistical data called for in the report form adopted by the Governing Body. Consequently, the Committee is bound to revert to these matters in a new direct request in the hope that the Government will not fail to send the information requested for examination at its next session.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

With reference to its observation, the Committee hopes that a detailed report will be sent for examination at its next session and that it will contain full information on the following points, which the Committee has been raising in its comments for a number of years.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors’ benefit), Article 22 of the Convention. The Committee notes the statistical information on the number and amount of social security benefits in 1998 supplied by the technical committee responsible for preparing the necessary responses to observations by the Committee of Experts. It trusts that in its next report the Government will not fail to include statistical data on the scope of the various contingencies required by the report form on Convention No. 128 under paragraph 1(a) and (b) of each of the abovementioned Articles.

2. Part IV (Survivors’ benefit), Article 24, paragraph 2. In its previous comments, the Committee requested the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors’ pension. It also asked the Government to send the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It notes in this connection that the abovementioned technical committee recommends reconsidering the social security regulations as regards the minimum period of service and the social security contributions for entitlement to a pension, in accordance with the provisions of Convention No. 128. The Committee would be grateful if in its next report the Government would provide information on the effect given to this recommendation and the text of the regulatory provisions in question.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) The Committee notes that, according to the technical committee, the benefits are calculated on the basis of the wage or remuneration prior to the accident and determined by the reduction in social security contributions; the criteria and methods for calculating the wage or remuneration illustrated by social security dispute settlements. The Committee would be grateful if the Government would indicate the regulatory provisions in question and provide specific examples of pension calculations for the abovementioned contingencies for a person corresponding to a standard beneficiary who has completed the qualifying period prescribed by the Convention. For the purposes of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, please also provide the statistical information required by the report form under titles I to IV of Article 26 on Article 27 of the Convention, whichever of the two is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee again asks the Government to do its utmost to ensure that effect is given to this Article of the Convention which provides that the rates of cash benefits currently payable pursuant to Article 10 (Invalidities benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed following substantial changes in the cost of living, and to provide the statistical information required under this Article of the Convention by the report form adopted by the Governing Body.

4. Part VI (Common provisions), Article 34, paragraph 2. With reference to its previous comments concerning the settlement of social security disputes cited by the technical committee, the Committee would be grateful if the Government would state which regulatory provisions allow the claimant to be represented or assisted by a qualified person of their choice or by a delegate of an organization representative of persons protected, in accordance with Article 34, paragraph 2, of the Convention.

5. Part VI (Common provisions), Article 35. The Committee notes that, according to section 34 of Act No. 13 of 1980, the financial position of the Social Security Fund must be examined by one or more actuaries every three years. The Government is accordingly asked to indicate whether any actuarial studies or calculations have been carried out recently in the interests of sound social security finances and, if so, to send information on the results.

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

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

With reference to the comments it has been making for many years on Conventions Nos. 102, 118, 121 and 130, ratified by the Libyan Arab Jamahiriya, the Committee draws the Government’s attention to Part I of its observation on Convention No. 102.

As regards Convention No. 128, the Committee notes with regret once again that the information supplied by the technical committee responsible for preparing the necessary replies to the observations of the Committee of Experts, like the information supplied in 1992, gives only partial responses and does not contain the statistical data called for in the report form adopted by the Governing Body. Consequently, the Committee is bound to revert to these matters in a new direct request in the hope that the Government will not fail to send the information requested for examination at its next session.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received for the fourth consecutive time. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to the comments which it has been making for a number of years, the Committee notes with regret that the Government's report has not been received for the fourth consecutive time. It recalls that the Government's last report did not contain the information which has been requested on several occasions on the manner in which effect is given to Part V, Article 29 of the Convention (Review of cash benefits currently payable), which provides that the rates of cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this respect, the Committee recalls its general observations made in 1989 with respect to Conventions Nos. 102 and 128, in which it considered, in particular, that, given the effects of inflation on the general level of earnings and increases in the cost of living, the revision of the level of long-term benefits should receive the Government's particular attention. The Committee therefore once again requests the Government to make every effort to ensure the application of Article 29 and to supply the statistics called for under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received for the third consecutive time. It recalls that the Government's previous report did not contain the information which has been requested on several occasions on the manner in which effect is given to Part V, Article 29 of the Convention (review of cash benefits currently payable), which provides that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this respect, the Committee recalls its general observations made in 1989 with respect to Conventions Nos. 102 and 128, in which it considered, in particular, that, given the effects of inflation on the general level of earnings and increases in the cost of living, the revision of the level of long-term benefits should receive the Government's particular attention. The Committee therefore once again requests the Government to make every effort to ensure the application of Article 29 and to supply the statistics called for under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received for the second consecutive time. It recalls that the Government's previous report did not contain the information which has been requested on several occasions on the manner in which effect is given to Part V, Article 29 of the Convention (review of cash benefits currently payable), which provides that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this respect, the Committee recalls its general observations made in 1989 with respect to Conventions Nos. 102 and 128, in which it considered that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the level of long-term benefits should receive governments' particular attention in the current context of the general economic situation. The Committee therefore once again requests the Government to make every endeavour to ensure the application of Article 29 above and to supply the statistics called for under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It recalls that the Government's previous report did not contain the information which has been requested on several occasions on the manner in which effect is given to Part V, Article 29 of the Convention (review of cash benefits currently payable), which provides that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this respect, the Committee recalls its general observations made in 1989 with respect to Conventions Nos. 102 and 128, in which it considered that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the level of long-term benefits should receive governments' particular attention in the current context of the general economic situation. The Committee therefore once again requests the Government to make every endeavour to ensure the application of Article 29 above and to supply the statistics called for under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report. It notes that the report does not contain the information which has been requested on several occasions on the manner in which effect is given to Part V, Article 29 of the Convention (Review of cash benefits currently payable), which provides that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this respect, the Committee recalls its general observations made in 1989 with respect to Conventions Nos. 102 and 128, in which it considered that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the level of long-term benefits should receive governments' particular attention in the current context of the general economic situation. The Committee therefore once again requests the Government to make every endeavour to ensure the application of Article 29 above and to supply the statistics called for under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee wishes to draw the Government's attention and to receive additional information on the following points:

1. Part II (Invalidity benefit), Article 9 of the Convention, Part III (Old-age benefit), Article 16, and Part IV (Survivors' benefit), Article 22. The Committee once again requests the Government to indicate whether, in respect of the coverage of these various contingencies, it uses clause (a), (b) or (c) of paragraph 1 of each of these Articles. Please also supply the information and in particular the statistics called for in the report form on this Convention.

2. Part IV (Survivors' benefit), Article 24. The Committee once again requests the Government to indicate which provisions of Article 24 are used (please indicate in particular whether clause (a) or clause (b) of paragraphs 1 and 2 is used) and to supply corresponding information on the way in which effect is given to these provisons of the Convention (nature and duration of a minimum qualifying period, etc.).

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit: Article 10), III (Old-age benefit: Article 17) and IV (Survivors' benefit: Article 23). (a) The Government is requested to supply the statistical information requested by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, or under Titles I to V of Article 28, which ever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level established by the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4) if Article 27 or Article 28 of the Convention is used.

(b) The Committee notes that under section 18 of the Social Security Law No. 13 of 1980, the total disability pension cannot be less than the basic pension increased by half the amount of the most recent wage on which the rate of contribution was imposed. It requests the Government to indicate whether this minimum amount is guaranteed in respect of all workers fulfilling the conditions set out under Article 18 of the Social Security Law and under the relevant provisions of the Social Security Pensions Regualtions, irrespective of the resources of the beneficiary.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted in accordance with paragraph 2 of this Article.

5. Part VI (Common provisions), Article 35. See under Convention No. 102, Article 71, paragraph 3, and Article 72, paragraph 2, as follows:

Article 71, paragraph 3, and Article 72, paragraph 2. Please provide information on the organisation and operation, in practice, of the Libyan social security system, and, in particular, on the measures taken, if any, to ensure the co-ordination and supervision of the activities of the local people's social security committees set up under section 5 of Act No. 13 of 1980 respecting social security.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's report. It notes with regret that the Government merely states that the observations of the Committee of Experts do not require any amendment to the legislation in force. The Committee recalls that since 1982 it has been drawing the Government's attention to the need to provide information on the way in which effect is given to Part V, Article 29, of the Convention (Review of cash benefits currently payable) which lays down that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this connection, the Committee also refers to the general observations that it made in 1989, concerning Conventions Nos. 102 and 128, in which it considered that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the amount of long-term benefits should receive the Government's particular attention, in particular as concerns the general economic climate of today. The Committee therefore asks the Government to take all possible steps to ensure the application of Article 29 and to supply the statistical data requested under this Article of the Convention in the report form adopted by the Governing Body.

The Committee trusts that the Government's next report will also contain a detailed reply to the questions that it has been raising for many years and to which it refers in a request addressed directly to the Government.

The Committee would suggest that the Government might wish to request technical assistance from the ILO.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

I. With reference to its observation, the Committee would be grateful if the Government would supply detailed information on the following points:

1. Part II (invalidity benefit), Article 9 of the Convention; Part III (old-age benefit), Article 16, and Part IV (survivors' benefit), Article 22. The Committee once again requests the Government to indicate whether, in respect of the coverage of these various contingencies, it uses clause (a), (b) or (c) of paragraph 1 of each of these Articles. Please also supply the information and in particular the statistics called for in the report form on this Convention.

2. Part IV (survivors' benefit), Article 24. The Committee once again requests the Government to indicate which provisions of Article 24 are used (paragraphs 1 and 2, or paragraph 3, or paragraph 4, or paragraph 5) and to supply corresponding information on the way in which effect is given to these provisons of the Convention (nature and duration of a minimum qualifying period, etc.).

3. Part V (standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (invalidity benefit: Article 10), III (old-age benefit: Article 17) and IV (survivors' benefit: Article 23). (a) The Government is requested to supply the statistical information called for in the report form on the Convention, adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, or under Titles I to V of Article 28, which ever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level established by the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4) if Article 27 or Article 28 of the Convention is used.

(b) The Committee notes that under section 18 of the Social Security Law No. 13 of 1980, the total disability pension cannot be less than the basic pension increased by half the amount of the most recent wage on which the rate of contribution was imposed. It requests the Government to indicate whether this minimum amount is guaranteed in respect of all workers fulfilling the conditions set out under Article 18 of the Social Security Law and under the relevant provisions of the Social Security Pensions Regualtions, irrespective of the resources of the beneficiary.

4. Part VI (common provisions), Article 34, paragraph 2. The Committee requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted in accordance with paragraph 2 of this Article.

II. Part VI (common provisions), Article 35. See under Convention No. 102, Article 71, paragraph 3, and Article 72, paragraph 2.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In reply to the Committee's previous comments, the Government states that it will supply next year the requested information. The Committee notes this statement. It trusts that the Government's next report will contain a detailed reply to the points that it has been raising for many years and that it sets out again in a request that it is addressing directly to the Government. 2. Part V, Article 29 of the Convention (Review of cash benefits currently payable). For many years, the Committee has been requesting the Government to supply information on how effect is given to this provision of the Convention which lays down that the rates of cash benefits currently payable pursuant to Article 10 (invalidity b enefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this connection, the Committee also refers to the general observation that it made in 1989 concerning Conventions Nos. 102 and 128 (copies of which are attached), in which it considers that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the amount of long-term benefits should receive governments' particular attention, in particular, as concerns the general economic climate of today. The Committee therefore requests the Government to take all possible steps to ensure the application of Article 29 and to supply the statistical data requested under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

I. With reference to its observation, the Committee would be grateful if the Government would supply detailed information on the following points:

1. Part II (invalidity benefit), Article 9 of the Convention; Part III (old-age benefit), Article 16, and Part IV (survivors' benefit), Article 22. The Committee once again requests the Government to indicate whether, in respect of the coverage of these various contingencies, it uses clause (a), (b) or (c) of paragraph 1 of each of these Articles. Please also supply the information and in particular the statistics called for in the report form on this Convention.

2. Part IV (survivors' benefit), Article 24. The Committee once again requests the Government to indicate which provisions of Article 24 are used (paragraphs 1 and 2, or paragraph 3, or paragraph 4, or paragraph 5) and to supply corresponding information on the way in which effect is given to these provisons of the Convention (nature and duration of a minimum qualifying period, etc.).

3. Part V (standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (invalidity benefit: Article 10), III (old-age benefit: Article 17) and IV (survivors' benefit: Article 23). (a) The Government is requested to supply the statistical information called for in the report form on the Convention, adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, or under Titles I to V of Article 28, which ever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level established by the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4) if Article 27 or Article 28 of the Convention is used.

(b) The Committee notes that under section 18 of the Social Security Law No. 13 of 1980, the total disability pension cannot be less than the basic pension increased by half the amount of the most recent wage on which the rate of contribution was imposed. It requests the Government to indicate whether this minimum amount is guaranteed in respect of all workers fulfilling the conditions set out under Article 18 of the Social Security Law and under the relevant provisions of the Social Security Pensions Regualtions, irrespective of the resources of the beneficiary.

4. Part VI (common provisions), Article 34, paragraph 2. The Committee requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted in accordance with paragraph 2 of this Article.

II. Part VI (common provisions), Article 35. See under Convention No. 102, Article 71, paragraph 3, and Article 72, paragraph 2, as follows:

2. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. Please provide information on the organisation and operation, in practice, of the Libyan social security system, and, in particular, on the measures taken, if any, to ensure the co-ordination and supervision of the activities of the local people's social security committees set up under section 5 of Act No. 13 of 1980 respecting social security. [The Government is asked to report in detail for the period ending 30 June 1990.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In reply to the Committee's previous comments, the Government states that it will supply next year the requested information. The Committee notes this statement. It trusts that the Government's next report will contain a detailed reply to the points that it has been raising for many years and that it sets out again in a request that it is addressing directly to the Government.

2. Part V, Article 29 of the Convention (Review of cash benefits currently payable). For many years, the Committee has been requesting the Government to supply information on how effect is given to this provision of the Convention which lays down that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) an d Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this connection, the Committee also refers to the general observation that it made in 1989 concerning Conventions Nos. 102 and 128 (copies of which are attached), in which it considers that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the amount of long-term benefits should receive governments' particular attention, in particular, as concerns the general economic climate of today. The Committee therefore requests the Government to take all possible steps to ensure the application of Article 29 and to supply the statistical data requested under this Article of the Convention in the report form adopted by the Governing Body. [The Government is asked to report in detail for the period ending 30 June 1990.]