Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre la igualdad de trato (seguridad social), 1962 (núm. 118) - Libia (Ratificación : 1975)

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.

Article 6 of the Convention. The Committee once again requests the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, in accordance with which the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)) in respect to children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Philippines, Tunisia and Uruguay).

Article 7. In its previous comments, the Committee noted the information provided by the Government that a recommendation had been made to the competent authorities to take into consideration the Committee’s observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and Tunisia. It therefore hopes that the Government will be able to indicate in its next report the efforts that have been made to improve the application of Article 7 of the Convention with regard to the following points:

(a)  Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee hopes that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition, in accordance with Article 7 of the Convention.

(b)  The Committee recalls that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in course of acquisition for all the branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee notes the indication by the Government according to which the executive regulations to the Social Security Act No. 13 of 1980 includes provisions to safeguard the acquired rights and rights which are in the course of acquisition if the requested conditions for the entitlement to the specified insured benefits are met. With respect to the conclusion of a bilateral Convention with Syria, this is a matter to be left to the discretion of both countries. The Government shall take into account the Committee’s comments on acquired rights in the course of acquisition for all branches of social security when concluding any bilateral or multilateral agreements with other members in the field of social security. The Committee notes this information. It requests the Government to keep it informed on the progress made in this regard.