Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

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

The Committee refers the Government to its observation and notes the information provided in its report. It notes with interest the information on the application of Article 22(e) of the Convention. It also 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 provisions of the Convention on which it has been commenting.

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 the above 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 notes that the Schedule of Occupational Diseases annexed to the Regulations on Insurance Benefits No. 669 of 1981 are currently being amended. The Committee requests the Government to keep it informed of any progress made in this regard.

Article 10. The Committee recalled in its previous comments 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 sharing of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point. The Committee notes the information provided by the Government, according to which the indicated percentage relates to the rate paid by insured persons for medical care provided by hospitals and health centres, which is comprehensive care that includes accommodation and surgery. With regard to prosthetic appliances, the share of insured persons is 1 per cent of their cost. In view of the fact that this provision of the Convention does not provide for the sharing of insured persons in the cost of medical care, the Committee requested 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 notes that the Government’s report contains no reply to its previous comments. The Committee therefore hopes that the Government will provide the information requested under the report form on the calculation of an employment injury pension for a standard beneficiary who worked in salaried employment when the contingency occurred. The Committee would also like the Government to provide up to date information on the wage of a skilled manual male employee determined in accordance with paragraph 6 of Article 19 of the Convention, under Titles I–V, and on the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of Article 20, under Titles I–V. It would also like the Government to communicate information on the average wage of all protected persons.

Article 21. With reference to its previous comments, the Committee reiterates that the actuarial studies have not been finalized yet. In light of these studies, it will 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 employment injury benefit must 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 benefit and that its next report will contain information in this regard.