Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Convenio sobre las prestaciones en caso de accidentes del trabajo y enfermedades profesionales, 1964 [Cuadro I modificado en 1980] (núm. 121) - Libia (Ratificación : 1975)

Referring to its observation, the Committee notes the information provided by the Government in its report. It also notes the mission undertaken by the Office in October 2004 and the information supplied to it by the technical committee responsible for reports. It hopes that, further to the assistance requested, the Government will take the necessary measures to give full effect in law and in practice to the provisions of the Convention which are the subject of the comments and will provide information in its next report on the following points.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the National Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the National Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or x-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the National Schedule regarding anthrax infection does not refer, among the activities involving exposure to the risks in question, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. The Committee therefore once again hopes that the Government will take measures to supplement, in accordance with the Convention, the Schedule of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions with provisions explicitly mentioning all the diseases and activities referred to above.

Article 10. The Committee recalls the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee again requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in conjunction with Articles 19 or 20). The Committee again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of comparing the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

Article 21. The Committee notes with regret that the Government’s report still does not contain statistical information on the review of current periodical payments for long-term benefits resulting from substantial changes in the cost of living or in wage levels, as envisaged in sections 28 and 34 of the Social Security Act (No. 13 of 1980). It once again trusts that the Government will make every effort to include such data in its next report in the manner required by the report form adopted by the Governing Body.

Article 22(e). With reference to its previous comments, the Committee notes with regret that the replies and examples given by the abovementioned technical committee merely reproduce the information previously provided in 1992. It recalls that sections 38(5), 39(1)(b) and (c), 40 and 59 of the 1981 Regulations on Social Security Pensions are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. The Committee therefore trusts that the Government will amend, at the appropriate time, the above sections of the Regulations or to further specify their content in any other manner that accords with national practice, so as to ensure that the suspension of employment injury benefit is only authorized where the employment injury has been caused by the misconduct of the person concerned which is both serious and wilful.

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