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.