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Comments adopted by the CEACR: Libya

Adopted by the CEACR in 2021

C052 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 2(3) of the Convention. Public holidays and periods of sickness not to be counted in annual leave. The Committee notes that, contrary to the Government’s indications, the Labour Code No. 12 of 2010 contains no explicit provision excluding public holidays and interruptions of attendance at work due to sickness from the calculation of annual holidays with pay. The Committee understands, however, that a new draft Labour Code is currently under preparation with the technical assistance of the International Labour Office, and that section 181 of the draft text expressly provides that public holidays that fall during a period of leave and sick days, provided that a supporting medical certificate is submitted, are not counted as part of the worker’s leave. The Committee hopes that this draft provision, which gives full effect to the requirement of Article 2(3) of the Convention, will be adopted without change, and requests the Government to keep the Office informed of any progress made with regard to the finalization of the new Labour Code.

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Legislative issues. In its previous direct request, the Committee noted the Government’s indication that the new Labour Code and the new Law on Trade Unions had been finalized and would be enacted after the adoption of the new Constitution. It noted however that under sections 3 and 9 of the draft Law on Trade Unions, non-Libyan workers without a legal residence, independent workers and workers in the informal economy would be excluded from the scope of the new Law. The Committee therefore requested the Government to indicate how it intended to ensure that these categories of workers will enjoy, under the new Labour Code, the new Law on Trade Unions, or other legislation, the rights afforded by the Convention. The Committee notes that the Government states that the new Labour Code and the new Law on Trade Unions have yet to be promulgated due to the difficult circumstances facing the country but that it looks forward to their promulgation. The Committee further notes the Government’s indication that amendments will be made to the above-mentioned texts to ensure that independent workers and workers in the informal economy are able to engage in trade union activity. Noting that the Government does not provide any information with respect to workers without a residence permit, the Committee recalls that migrant workers have the right, under the same conditions as nationals, to benefit from the fundamental rights deriving from freedom of association (see the 2012 General Survey on the fundamental Conventions, paragraph 79). The Committee trusts that the new Labour Code and the new Law on Trade Unions will be adopted shortly and will ensure that independent workers and workers in the informal economy benefit from the rights provided in the Convention. It also reiterates its request that the Government indicate how it intends to ensure that workers without a residence permit will enjoy, under the above-mentioned laws or other legislation, the rights afforded by the Convention. The Committee requests the Government to provide information on any developments in this regard and to transmit copies of the new Labour Code, the new Law on Trade Unions, or other applicable legislation once adopted.

C089 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. Prohibition of night work for women. The Committee understands that a new draft Labour Code is under preparation, with ILO technical assistance, that no longer contains a general prohibition against the night work of women in industry. The Committee notes that removing that prohibition is consonant with the current trend favouring the review of all gender specific protective legislation with a view to gradually eliminating all provisions contrary to the principle of gender equality and non-discrimination – except those connected with maternity protection – while taking due account of national circumstances. Welcoming every effort to improve employment opportunities for women and to ease the constraints hindering their employment, the Committee hopes that the new Labour Code once promulgated will lift the ban on women’s night work. The Committee also hopes that the Government will give favourable consideration to the ratification of the Night Work Convention, 1990 (No. 171), which sets out up-to-date standards for the protection of all night workers irrespective of gender, and requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Legislative issues. The Committee previously noted the Government’s indication that the new Labour Code and the new Act on Trade Unions had been finalized and would be enacted after the adoption of the new Constitution. The Committee notes that the Government states that due to the difficult circumstances in the country, the new Labour Code and the new Act on Trade Unions have yet to be promulgated. It further notes the Government’s indication that it looks forward to their promulgation and will provide a copy of the two laws once adopted. The Committee expects that the new Labour Code and the new Act on Trade Unions will be adopted shortly and will contain specific provisions on collective bargaining, collective agreements and social dialogue to give effect to the Convention. The Committee requests the Government to provide information on any developments in this regard and to transmit copies of both laws once they have been adopted.
Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee requested the Government to indicate whether, under the current legislation, the fines provided for under section 121(3) of the Labour Relations Act were applicable to acts of anti-union discrimination prohibited by section 3 (favouritism or discrimination on the grounds of trade union membership) and section 77 (termination of employment due to trade union membership or participation in a trade union activity) of the Labour Relations Act. It further requested the Government to provide information on the number of complaints filed with the competent authorities with regard to cases of interference and anti-union discrimination and the outcome of investigations and court proceedings. The Committee also noted the information provided by the Government regarding the protection afforded by the new draft Act on Trade Unions and requested it to provide detailed information on the sanctions provided for in future legislation. The Committee notes with regret that the Government merely: (i) indicates that no complaints have been filed with the competent authority, namely the Directorate General of Labour Inspections; and (ii) describes the conciliation and arbitration procedures in case of work-related disputes by referring to provisions of Act No. 12 of 2010. The Committee recalls that the effectiveness of legal provisions prohibiting acts of anti-union discrimination depends not only on the effectiveness of the remedies envisaged, but also the sanctions provided for which should, in the view of the Committee, be effective and sufficiently dissuasive (see the 2012 General Survey on the fundamental Conventions, paragraph 193). The Committee once again requests the Government to indicate whether the sanctions provided for in section 121(3) of the Labour Relations Act apply to the acts of anti-union discrimination prohibited for in sections 3 and 77 of that Act. The Committee also reiterates its request that the Government provide detailed information on the sanctions provided for in future legislation to accompany the protection against acts of anti-union discrimination and interference afforded by section 62 of the new Act on Trade Unions.
Articles 4 and 6. Scope of the Convention. Right of collective bargaining of public servants not engaged in the administration of the State. The Committee previously requested the Government to indicate how it intends to ensure that public servants not engaged in the administration of the State will enjoy their collective bargaining rights, under the new Labour Code, the new Act on Trade Unions or other legislation. The Committee notes the Government’s indication that: (i) the right to collective bargaining is safeguarded by section 112 of the new Labour Code, which stipulates that “collective bargaining takes place at all levels: at the level of individual projects, factories and enterprises, at the level of activities, professions and industries, and at the sector and national levels”; and (ii) this provision is applicable to all public sector and non-public sector workers. The Committee trusts that the new Labour Code will be adopted promptly and will guarantee the right to collective bargaining of all public servants not engaged in the administration of the State, in accordance with the Convention. It requests the Government to provide information on any development in this respect.

Adopted by the CEACR in 2020

C088 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information received this year, as well as on the basis of the information available to it in 2019.
Articles 1, 3 and 6 of the Convention. Activities of the employment service and contribution to employment promotion.  The Committee notes the information provided by the Government in its report concerning the activities carried out by the Ministry of Labour and Rehabilitation for the organization of the labour market and the implementation of the national employment strategy. It notes in particular the measures taken to update the labour market system database and to strengthen the role of the Ministry in human resource development, especially through partnerships between the public and the private sectors aimed at increasing employment rates and reducing poverty. The Committee had previously noted that the Public Services Department and the Employment Department were responsible for appointments to public service vacancies and other vacancies, respectively. The Committee notes that no further information was provided by the Government in its latest report concerning the role and activities of these departments. The Committee requests the Government to continue to provide information on the activities carried out by the Ministry of Labour and Rehabilitation and any other competent departments, in order to ensure “the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources”. The Government is requested in particular to provide information on the measures taken to update the labour market system database and to indicate the steps taken to anticipate future labour market needs to reduce skills mismatches and promote full and productive employment.
Articles 4 and 5. Participation of social partners.  The Committee had previously noted that, pursuant to section 18 of the Labour Relations Act No. 12 of 2010, a tripartite advisory committee was to be established at the central level and that the Ministry of Labour and Rehabilitation would determine the number of such committees to be established at the local and national level. The Committee notes the Government’s indication that the tripartite advisory committee has not yet been established. The Committee recalls that, pursuant to Article 4 of the Convention, arrangements should be made “through advisory committees for the cooperation of representatives of employers and workers in the organisation and operation of the employment service and in the development of employment service policy”, and that these arrangements should provide for one or more national advisory committees and, where necessary, for regional and local committees. The Committee requests the Government to keep the Office informed of developments in relation to the appointment of the tripartite advisory committee provided for in section 18 of the Labour Relations Act No. 12 of 2010, as well as to provide information on the procedure adopted for the appointment of employers’ and workers’ representatives to the advisory committee.
Article 7. Particular categories of applicants for employment. The Committee requests the Government to provide information, including up-to-date statistics, disaggregated by sex and age, on the impact of measures taken to meet the employment needs of particular categories of jobseekers, particularly young persons (who experience high rates of unemployment), women, the long-term unemployed, persons with disabilities and other groups in vulnerable situations. The Committee also requests the Government to provide specific information on the impact of measures taken to facilitate specialization by occupation or by industry in the various employment offices.
Article 9. Training of employment service staff. The Committee notes the information provided by the Government in its report concerning the requirements and the procedure for admission to public service, including the requirement that applicants possess the adequate academic and skills qualifications for the post and to pass the prescribed examinations. The Committee notes that no information is provided in the report concerning the status, conditions of service, or the training provided to employment service staff. The Committee recalls that Article 9 requires that the employment service be composed of public officials whose status and conditions of service ensure their independence of changes of government or of improper external influences and that staff be adequately trained for the performance of their duties. The Committee requests the Government to provide more specific information on the status of employment service staff, as well as on measures taken or envisaged to ensure them adequate training, both when entering service and during the course of their career, including training to enable them to meet the needs of particular categories of applicants for employment that face difficulties in accessing the labour market, such as young persons, women, the long-term unemployed and persons with disabilities. The Government is also requested to provide statistical data disaggregated by sex and age concerning the employment service staff as well as detailed information on measures aimed at promoting the hiring of female employment service staff. While acknowledging the complexity of the situation prevailing on the ground, the Committee once again trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.

C096 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).
Part II of the Convention. Progressive abolition of fee-charging employment agencies.  The Committee had previously requested the Government to provide updated information on the national legislation giving effect to Part II of the Convention and to repeal Decision No. 77 of 2002 or amend its provisions to bring it into compliance with Part II of the Convention. The Committee notes the Government’s indication in its report that fee-charging employment agencies conducted with a view to profit have not been established. The employment offices affiliated to the Ministry of Labour and Rehabilitation, which are specified in the Labour Relations Act No. 12 of 2010, are the sole body responsible in this regard. The Government indicates that Chapter 1, section 6 of the Labour Relations Act provides that: “Employment offices may not receive any remuneration from jobseekers for the services that they provide.” It further states that the technical committee responsible for preparing replies established by the Council of Ministers recommended, in the minutes of its eighth meeting, held in 2020, that former General People’s Committee Decision No. 77 of 2002 concerning provisions relating to the placement of job seekers should be repealed. The Committee requests the Government to continue to provide updated information on the national legislation giving effect to Part II of the Convention, as well as on the manner in which the Convention is applied in practice. It also requests the Government to provide information on any developments concerning the repeal of Decision No. 77 of 2002.
The Committee recalls that the Governing Body, at its 273rd Session in November 1998, invited the States parties to the Convention to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181) (document GB.273/LILS/4 (Rev.1)). Such ratification would entail the immediate denunciation of the Convention. Consequently, as long as Convention No. 181 has not been ratified by Libya, the Convention remains in force in the country and the Committee will continue to examine its application. The Committee notes the Government’s indication that the technical committee responsible for preparing replies established by the Council of Ministers recommended that the Government set up a committee to examine the Private Employment Agencies Convention, 1997 (No. 181). The Committee requests the Government to provide updated information on the outcome of any consultations with the social partners concerning the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181)
While acknowledging the complexity of the situation prevailing on the ground, the Committee once again trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.
Article 2. Application in practice of the principle of equal remuneration for men and women for work of equal value. The Committee recalls that it previously requested the Government to provide statistical information on the number of men and women employed in the public and private sectors at the various wage levels and grades, as well as any other information demonstrating how the principle of the Convention is applied in practice. The Committee takes due note of the Government’s indication in its report that it has been unable to compile the statistics requested due to the political division in the country, which has created a parallel economy. The Committee requests the Government to provide statistical information, when available, on the number of men and women employed in the public and private sectors at the various wage levels and grades in order to be able to assess the manner in which the principle of the Convention is applied in practice.
Application of the principle of equal remuneration to part-time work. The Committee recalls its previous comments in which it noted that the part-time work system regulated by the Decision of the People’s Congress No. 164 of 1985 applies only to women and that, in situations where part-time workers are mostly or exclusively women, a generally lower level of remuneration for part-timers may have an adverse impact on the overall wage gap between men and women. In the absence of any further information on this point, the Committee once again requests the Government to indicate whether Decision No. 164 of 1985 is still in force and, if so, to indicate the measures taken to ensure that part-time employment is not under-remunerated in relation to full-time employment. The Government is also requested to provide updated statistical information, once available, on the levels of remuneration of women working part time in the various economic sectors in comparison with full-time men and women employees in the same sectors.
Application of the principle to foreign workers. The Committee notes that the Government’s report does not contain any information in reply to its previous requests concerning the application of the principle to non-nationals in law and practice. The Committee therefore reiterates its previous requests to the Government to provide statistics disaggregated by sex on the grades and wages of non-nationals or, in the absence of such statistics, information on the measures taken to collect sex-disaggregated statistics on the wages paid to foreign workers in the various occupational categories.

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.
The Committee notes the observations of the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC), received respectively on 26 August and 1 September 2019.
The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

The Committee notes the discussion which took place in the Conference Committee on the Application of Standards (CAS) on the application of the Convention and the conclusions adopted.
Articles 1 and 3(b) of the Convention. Definition of discrimination. Draft Constitution. The Committee notes that, in its conclusions, the CAS asked the Government to amend article 7 of the draft Constitution to ensure that the grounds of race, national extraction and social origin are included as prohibited grounds of discrimination. The Committee notes that both the IOE and the ITUC call on the Government to amend article 7 of the draft Constitution. The Committee notes the Government’s indication in its report that the Minister of Labour and Rehabilitation sent two letters (Nos 791 and 789, both dated 29 August 2019) to the President of the Presidential Council on the possibility of incorporating these changes into the draft Constitution and into the Constitution when adopted. The Committee hopes that the draft Constitution will be amended as requested and asks the Government to provide information on any developments in this regard.
Labour legislation. In its previous comment, the Committee noted that Law No. 12 of 2010 promulgating the Labour Relations Act (LRA 2010) does not contain a definition of discrimination. It also noted that section 3 of the LRA 2010 prohibits discrimination on the grounds of “trade union affiliation, social origin or any other discriminatory ground”, but does not explicitly include the grounds of race, colour, sex, religion, political opinion and national extraction. In its conclusions, the CAS asked the Government to: (1) take concrete actions to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice; (2) ensure that the legislation covers, directly and indirectly, all the recognized prohibited grounds for discrimination set out in Article 1(1)(a) of the Convention and take measures to prohibit discrimination in employment and occupation in law and in practice; and (3) include a definition of the term “discrimination” in the LRA 2010. The Committee notes that both the IOE and the ITUC have called on the Government to amend the LRA 2010 in accordance with the conclusions of the CAS. In this regard, the Committee takes note of the Government’s indications that the words “or any other discriminatory grounds” in section 3 of the LRA 2010 cover all forms of discrimination without exception, and that the possibility of including the definition contained in Article 1(1)(a) of the Convention in the new draft labour law is being taken into consideration. The Committee requests the Government to take measures to ensure that the national labour legislation includes a clear and comprehensive definition of discrimination in employment and occupation covering at least all the grounds set out in Article 1(1)(a) of the Convention and to provide information in this respect.
Articles 1 to 3. Discrimination on the basis of race, colour and national extraction. Sub-Saharan migrant workers. The Committee notes that in its conclusions the CAS asked the Government to: (1) ensure that migrant workers are protected from ethnic and racial discrimination and from forced labour; (2) educate and promote equal employment and opportunities for all; (3) take immediate action to address the situation of racial and ethnic discrimination against migrant workers from sub-Saharan Africa (including women migrant workers) and, in particular, put an end to forced labour migration practices; and (4) conduct surveys to examine the situation of vulnerable groups, including migrant workers, in order to identify their problems and possible solutions. The Committee also takes note of the observations of the ITUC indicating that migrant workers from sub-Saharan Africa, and in particular women, remain especially at risk of discrimination. According to the ITUC, the Government should adopt and provide information on the concrete measures taken or envisaged to ensure that the prohibition in law and practice of direct and indirect discrimination is effective for all workers on Libyan territory, irrespective of their origin, nationality or status. The ITUC further calls for the adoption of measures to ensure that victims of discrimination have access to justice and obtain protection from reprisals and compensation for the damage suffered, and that effective, proportionate and dissuasive penalties are imposed on the perpetrators of discriminatory behaviour. Lastly, the ITUC underlines the fundamental importance of building the capacity of the labour inspection services with a view to combating all forms of discrimination in employment and occupation. The Committee takes note of the information provided by the Government on its efforts to combat human trafficking, and specifically that: (1) the national legislation prohibits human trafficking; (2) a bill increasing the penalties for human trafficking is currently under review by the legislative authorities; (3) the Office of the Public Prosecutor is investigating cases of abuse; and (4) victims who cannot afford to pay their legal fees can be assisted by a counsel appointed by the court. The Committee also notes the Government’s indication that it is collaborating with neighbouring countries, the countries of origin of the victims and perpetrators, and with relevant local and international organizations, such as the International Organization for Migration (IOM), to combat human trafficking. In its supplementary information, the Government further indicates that there is no current data on the number of convicted persons, nor on the number of cases. Moreover, the majority of informal shelters for migrant workers are closed and the remaining few are currently being closed following monitoring by law enforcement bodies. Medical and therapeutic services are provided to migrant workers in the formally recognized shelters, such as the “Tajoura” and “Baten el Jabbal” shelters, in coordination with the IOM, Médecins sans frontières and the Red Cross.
The Committee notes with deep concern the report of the United Nations Committee on the Protection of the Rights of All Migrant Workers and their Families (CMW) indicating that migrant workers from sub-Saharan Africa continue to be severely discriminated against, and that acts of physical and verbal abuse against them persist, including by Libyan officials, such as representatives of the Directorate for Combating Illegal Migration and the Libyan Coast Guard. The Committee also notes that, despite the fact that the LRA 2010 provides for mechanisms to resolve labour disputes, the CMW expresses great concern at the widespread impunity for violations of the rights of migrant workers, who are unable to seek justice for fear of being detained for illegal entry and stay (CMW/C/LBY/CO/1, 8 May 2019, paragraphs 28, 30 and 34). While noting the additional information provided by the Government, the complexity of the situation prevailing on the ground resulting from the ongoing armed conflict in the country as well as the impact of the current COVID 19 pandemic, the Committee urges the Government to: (i) take further action to address the situation of racial and ethnic discrimination against migrant workers from sub-Saharan Africa, including measures to ensure that the legislation on non-discrimination is applied in practice, that migrant workers subject to discrimination in employment and occupation have access to remedies, irrespective of their legal status in the country; and (ii) raise awareness of and promote equal employment and opportunities for all. The Committee asks the Government to provide information in this respect.
Technical assistance. The Committee notes that the CAS invited the Government to continue to engage and actively participate in ILO technical assistance in order to promote equitable and effective labour migration policies. The Committee also takes note of the IOE’s observations referring to three projects for which the Government would be receiving technical assistance from the Office: (1) the project “Building the capacity of Libyan constituents and national actors to address unacceptable forms of work and promote fair and effective labour migration policies”; (2) the “Jobs for Peace and Resilience Flagship Programme”; and (3) the project “Support for Fair Migration for the Maghreb (AMEM)”. Noting that these projects are currently on hold, the Committee requests the Government to provide information on the resumption of technical assistance provided by the Office and its results.
The Committee is addressing other matters in a request addressed directly to the Government.

C122 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information contained in the Government's report received in August 2020 in reply to the Committee’s 2018 observation. The Committee takes note of the complexity of the situation prevailing on the ground and the armed conflict in the country.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee recalls the discussion that took place in the Conference Committee on the Application of Standards (CAS) at its 107th Session in May–June 2018 concerning the application of the Convention. Acknowledging the complexity of the situation prevailing on the ground and the presence of armed conflict, the CAS highlighted the impact and consequences of conflicts on poverty and development, decent work and sustainable enterprises, and recognized the importance of employment and decent work for promoting peace, enabling recovery and building resilience. Taking into account the Government’s submission and the discussion in the CAS, the Committee requested the Government to provide information regarding updated statistics on the labour market, disaggregated by sex and age; information on the labour market strategy and the way in which employment objectives are to be achieved; information on progress made in the compilation and analysis of labour market data; and information on measures to promote the establishment and development of small and medium-sized enterprises (SMEs) as well as measures introduced to increase the participation in the labour market of persons in vulnerable situations. The CAS urged the Government to submit a detailed report to the Committee of Experts at its November 2018 session. It also urged the Government to avail itself of ILO technical assistance to adopt and implement without delay an active policy designed to promote full, productive and freely chosen employment, in consultation with the social partners. The CAS called on the ILO, the international community and employers’ and workers’ organizations to collaborate with the goal of reinforcing the labour administration system in Libya so that full, productive and freely chosen employment could become a reality in the country as soon as possible.
Articles 1 to 3 of the Convention. Implementation of an active employment policy. Consultations with the social partners. The Committee notes from the Government’s report, as well as from the 2020 National Report submitted to the Working Group on Universal Periodic Review (the 2020 UPR report), that article 56 of the draft Constitution of Libya states that all citizens have the right to work and the Government strives to create job opportunities through stimulation of the economy, investment promotion and youth employment plans and programmes. The UPR report indicates that the Ministry of Labour and Rehabilitation has worked on the adoption of a package of practical measures to achieve these goals. These include the expansion of training programmes aimed at work in the private sector and of development projects. In addition, the Ministry of Labour is seeking to facilitate work and employment on development projects and in the construction sector, one of the most labour intensive sectors. In partnership with the private sector, the Ministry of Labour has identified a number of promising employment areas in new professions and is encouraging young people to receive training in these fields. In this respect, training initiatives on the use of solar and renewable energy and sea fishing, among others, have been rolled out (document A/HRC/WG.6/36/LBY/1, 18 August 2020, paragraph 42(b)–(d)). The Committee also takes note of the Libya Economic Monitor of the World Bank (WB) of July 2020, which indicates that the Libyan economy has recently been hit by four overlapping shocks: an intensifying conflict that suffocates economic activity; the closure of oil fields, which has placed the country’s major income-generating activity largely on hold; decreasing oil prices that reduce income from oil production in surviving fields; and the COVID-19 pandemic, which threatens to further suppress the economy. The 2020 WB report emphasizes that the armed conflict and the blockade of the country’s major oil ports and terminals in January 2020 generated the most serious political, economic and humanitarian crisis faced by Libya since 2011. The economic impact had already been felt in 2019 as real GDP growth slowed sharply to 2.5 per cent down from a period of steady recovery during 2017–18. Moreover, the country is expected to suffer from a deep recession in 2020, with GDP projected to shrink by about 41 per cent. The Committee notes that the Government, referring to the special circumstances in the country, requests technical assistance from the Office. The Committee encourages the Government to take the necessary steps to avail itself of ILO technical assistance to enable it to develop, adopt and implement without delay an active national policy designed to promote full, productive and freely chosen employment, in consultation with the social partners. It requests the Government to provide detailed updated information on the measures taken and the progress made in this regard.
Article 2. Employment trends. Labour market information. The Committee notes the estimates provided by the Government regarding employment trends in 2020, in reply to its previous comments According to the Centre of Information and Certification, the working population (aged 15 to 64 years old) is estimated at 4,750,000 (61 per cent of the total population), of whom 70 per cent make up the labour force. The Government adds that 86 per cent of the labour force is employed, while the remaining 14 per cent is seeking employment. In this regard, the Committee notes the statistical information provided by the Government on the number of jobseekers as of 23 March 2020, disaggregated by age, sex, qualifications and region. The Government reports that at that time there were 128,678 jobseekers (56 per cent women) registered in the 76 labour offices. The majority of these jobseekers are registered in the Western (55 per cent) and Central regions (27 per cent). Noting that the Government does not provide information on the nature or impact of measures taken to improve the labour market information system, the Committee reiterates its request in this regard. It also reiterates its request that the Government indicate the manner in which the labour market information obtained is used, in collaboration with the social partners, for the formulation, implementation, evaluation and modification of active labour market measures. The Committee further requests the Government to continue to provide updated statistics, disaggregated by sex and age, concerning the size and distribution of the labour force, the type and extent of employment, unemployment and visible underemployment.
Promotion of SMEs. In reply to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour and Rehabilitation pays attention to the principle of partnership with the private sector, in compliance with the UN Sustainable Development Goals (SDGs). It also seeks to take different national initiatives in areas which strengthen capacity building in the Libyan labour market through measures and means which are suitable for this current phase. The Government refers to the implementation of several programmes and projects by the Financial Support Fund, reactivated under Decree No. 237 of 2018 of the Ministry of Labour, to create job opportunities for job seekers through promoting different economic activities, together with the social partners. In 2020, the Financial Support Fund formulated an operational plan of action under the general executive programme to fund economic projects. In addition, several memoranda of understanding (MoUs) regarding the funding of small and medium-size enterprises (SMEs) were concluded to activate the partnership between the private and public sectors with a view to increasing employment opportunities. The Committee requests the Government to continue to provide detailed updated information on the nature and the impact of the measures taken to create an enabling environment for sustainable enterprises, particularly for small and medium-size enterprises, as well as other entrepreneurship opportunities that can contribute to income-generation opportunities and generate employment.
Employment of women. The Committee notes the Government’s indication in its 2020 UPR Report that women make up a large proportion of the national workforce in all areas, and that this proportion is increasing annually. The Government states that, according to official statistics, women represent 37 per cent of the workforce, while the proportion of women working in leadership roles and in the judiciary has increased (document A/HRC/WG.6/36/LBY/1, paragraph 63). The Committee also notes the information provided by the Government with respect to the measures taken to increase the labour force participation rate of women, including in managerial and decision-making positions across all economic sectors. In particular, the Government refers to the establishment of the women’s support and empowerment unit pursuant to Decree No. 210 of 2016. The Government adds that several women’s empowerment units have been set up in various ministries. The Government also refers to a campaign aimed at combating violence against women with the participation of the Women’s Support and Empowerment Unit. In the framework of this campaign, several recommendations were formulated, which are currently being carried out within the strategic plan of the Unit. The recommendations include establishing a 30 per cent quota of women in leadership positions, an obligation of providing a conducive environment for persons with special needs and women with disabilities in state institutions, a working group to conduct a study on violence against women in the work environment. Furthermore, the Government indicates that it envisages formulating policies aimed at increasing women’s representation in political life, which remains weak. Lastly, the Government reports that, according to statistics issued by the Documentation and Information Centre on 17 June 2020, a total of 1,127,730 women were employed in the public sector. The Committee requests the Government to continue to provide detailed updated information on the nature of the measures taken to increase the participation of women in the labour market, including in managerial and decision-making positions in both the public and private sectors. It also requests the Government to provide detailed updated information on the impact of such measures, including updated statistical data, disaggregated by age, sex and economic sector or occupation.
Persons with disabilities. In its previous comments, the Committee requested the Government to provide updated detailed information on the impact of active employment measures taken to promote the employment of persons with both mental and physical disabilities. It further requested the Government to provide updated statistics disaggregated by age and sex, indicating the number of persons with disabilities employed in the public and private sectors. The Government refers to the implementation of the strategic objectives of the Persons with Disabilities Support and Empowerment Unit under the Ministry of Labour and Rehabilitation. The strategic objectives include the provision of training and rehabilitation to persons with disabilities and the establishment of effective communication mechanisms between employers and jobs seekers with disabilities. The Government also refers to, among other activities, the launching of awareness-raising campaigns on the rights of persons with disabilities addressed to the social partners and the creation of a database on persons with disabilities of working age. The Government reports that as of 2020, there are 236 persons with disabilities working in the public sector, of whom 68 are women. The Committee requests the Government to continue to provide detailed updated information, including statistics disaggregated by sex and age, on the nature and the impact of measures adopted or envisaged to promote the employment of workers with disabilities on the open labour market, and in particular measures aiming to increase the numbers and proportion of women with disabilities in employment .
Migrant workers. The Committee notes the Government’s indication that special efforts have been undertaken by the Ministry of Labour and Rehabilitation in collaboration with numerous countries to identify migrant and casual workers working in the informal economy, with a view to protecting their rights in conformity with international conventions. Moreover, the Government refers to the adoption of a national strategy for the development of human resources aimed at providing guidance and counselling to new migrant workers entering the Libyan labour market. The Committee notes that, in its 2019 concluding observations of 8 May 2019, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) noted that the Government is in the process of drafting a new labour law aimed at increasing protection of the rights of migrant workers and members of their families. The CMW nevertheless expressed concern about reports that migrant workers and members of their families, who are detained by the Directorate for Combating Illegal Migration, armed groups, smugglers or traffickers, are frequently subjected to forced labour. The Committee also expressed concern at the large number of reports of collusion and complicity of some representatives of State institutions with smuggling and trafficking networks. It also expressed concern that migrants in an irregular situation are frequently not paid for work performed, do not receive the amount of money agreed, or are denounced to the Directorate by their employers after having accomplished their work (document CMW/C/LBY/CO/1, paragraphs 12, 26 and 36). The Committee emphasizes that forced or compulsory labour, where it exists, is incompatible with the principle of freely chosen employment set out in Article 1(3) of the Convention. The Committee requests the Government to provide detailed information on the steps taken to address reported cases of abuse of migrant workers and their families, including those who are detained by the Directorate for Combating Illegal Migration. It further requests the Government to provide information on the progress made in drafting the new labour law aimed at increasing protection of the rights of migrant workers and their families and the development and adoption of any strategy addressed to tackle irregular migration, and to provide a copy once they are adopted. Finally, the Committee requests the Government to provide updated detailed information on measures taken or envisaged to promote the employment of migrant workers.
COVID-19 pandemic. Socioeconomic impacts. Response and recovery measures. The Committee notes the supplementary information provided by the Government with respect to the response measures it has taken to mitigate the serious effects of the COVID-19 pandemic. The Government indicates that, based on a proposal put forward by the Presidential Council to address the impact of the pandemic, the Libyan-Korean Centre at the Ministry of Labour and Rehabilitation has turned the training line for sewing operators into a production line, under the supervision of the Women’s Support and Empowerment Unit in the Ministry of Labour. The Centre manufactures protective masks and contributes to the manufacture of specialized medical apparel for hospitals and health centres in Tripoli and the Southern region. Moreover, the Government indicates that the Women’s Support and Empowerment Unit has submitted a proposal for a contingency plan against COVID-19 to the Head of the Government of National Unity which proposes, among other measures, ensuring the availability of adequate food and medical supplies in all regions; and adopting urgent measures to provide support to displaced families and for groups in need of health and nutritional care and assistance. In this context, recalling the comprehensive guidance provided by international labour standards, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the global COVID-19 pandemic and the nature and impact of concrete measures taken to address it on the achievement of the objective of full, productive and freely chosen employment.

Adopted by the CEACR in 2019

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together.

Minimum wage

Articles 3 and 4 of Convention No. 131. Elements taken into consideration in determining the level of the minimum wage. Minimum wage-fixing machinery. Further to its previous comments on the operation of the minimum wage fixing machinery following the adoption of the Labour Relations Act in 2010, the Committee notes that the Government’s report only refers to the relevant provisions of the Act without providing information on their implementation in practice. The Committee therefore requests the Government to provide information on the establishment, mandate, composition and functioning of the Consultative Council for Wages established pursuant to section 19 of the Labour Relations Act, including on any decisions adopted further to its work.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages and final settlement of wages due. The Committee notes that the Government has not replied to its request for information on the implementation of Decision No. 20/2007, concerning the organization, import and employment of foreign labour, and Decision No. 56/2006, on the establishment of a multi-stakeholder committee to examine wage claims of migrant workers who had been expelled from the country as illegal immigrants, as well as on other measures taken with regard to the protection of all persons to whom wages are paid or payable. Moreover, the Committee notes that in December 2018, the United Nations Support Mission in Libya and the Office of the United Nations High Commissioner for Human Rights jointly released a report on the human rights situation of migrants and refugees in Libya, which noted that migrants and refugees were frequently exploited by unscrupulous employers who refused to pay their wages, knowing that in practice they had no recourse to justice, and that migrants and refugees engaged in daily work and other manual labour were vulnerable to being unpaid after completing their tasks or receiving less wages than the agreed upon sums. The Committee requests the Government to provide information on any situation of wage arrears or other difficulties experienced in the timely or full payment of wages to workers, including migrant workers, as well as on any measures taken or decisions adopted to address such situation, including on the implementation of decisions Nos 20/2007 and 56/2006.
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