Forced Labour Convention, 1930 (No. 29) - Libya (Ratification: 1961)

Individual Case (CAS) - Discussion: 2025, Publication: 113rd ILC session (2025)

Written information provided by the Government

The Government has provided the following written information as well as copies of the Council of Ministers Decision No. 227 of 2025 modifying the structure of the Ministry of Internal Affairs and approving certain provisions, Libyan Criminal Code of 28 November 1953 (extract), Act No. 5 of 27 September 2022 on combating cybercrime (extract), Decision No. 439 of 2023 establishing and delineating the functions of a committee to study the legal status of expatriate workers (extract), Act No. 19 of 28 January 2010 on combating illegal migration, Council of Ministers issued Decision No. 16 of 2024 establishing the functions of the Supreme Committee to follow up on illegal migration and borders, and the Bill of 2013 on combating human trafficking.

Libya joined the ILO in 1952 and ratified ILO Conventions, starting with Convention No. 29, with a view to incorporating international provisions in its national system and overcoming any obstacles to the achievement of a decent and secure working environment for workers, free from violence and stress.

It should be noted that in 2024, Libya was elected as a regular member of the Governing Body of the ILO, representing the African continent for the period 2024–2027, at the 112th Session of the International Labour Conference. Libya received 195 votes, which is indicative of the trust that it enjoys among the Members of the ILO and the extent of its commitment to the ILO Constitution and its Conventions and Recommendations.

In addition, its membership in the ILO Governing Body will allow Libya greater opportunity to participate in the formulation of international policies relating to labour and workers and strengthen cooperation with other countries in this field.

With regard to the observations made by the Committee of Experts, including that the United Nations Independent Fact-Finding Mission on Libya expressed deep concern in its final report of 3 March 2023 over the deteriorating human rights situation, and that illegal migrants were victims of violence in Libya, the report did not include the suffering endured by Libya in the context of the current instability and exceptional circumstances in the country. There can be no doubt that the situation has affected national, regional and, also, economic security, since the Libyan authorities have recorded some 5,187 offences committed by migrants over the past five years.

We are therefore unable to confirm or deny any figures, national or international, monitored through reports as they are not based on optimal reporting mechanisms. Any organization must base the reports that it prepares on facts and evidence and indicate the sources of the information contained therein, which the aforementioned report fails to do. The report should not be built on tales told by migrants, who failed to reach Europe and have been targeted for repatriation, in order to evade deportation or the enforcement of national laws.

In this context, it should be noted that the employment of irregular migrants inside Libya constitutes an offence under the provisions of the Labour Relations Act No. 12 of 28 October 2010, which provides for specific conditions of employment including the proper legal status of foreign workers. This is not the case for irregular migrants present on Libyan territory. In addition, they engage in economic activities in violation of the applicable legislation, which sets out clear legal conditions regulating the presence and employment of foreigners. This is what happens in the informal Libyan labour market, where they work in agriculture, construction and blacksmithing and various types of trade in order to make what they need to reach their country of destination. They also seek in the Libyan people the values of humanity imposed by custom, the true Islamic religion and the local legislation.

It should also be noted that the respect of Libya for international Conventions, in the fields of labour, human rights or in other fields, corresponds with the commitment of the organizations from which these Conventions emanate to take into consideration the spirit of Member States’ national laws in terms of customs, traditions and religions. In any event, it is unacceptable to request any State to alter its national legislation in a manner incompatible with its sovereignty or national security.

Human trafficking organizations are international organizations that have turned Libya into a country of transit for migration to Europe, not a country of destination. Therefore, responsibility for action against this phenomenon does not fall to one party but must be assumed through joint action and genuine collective efforts, through which positive results in combating human trafficking and protecting victims can be achieved. Effective international cooperation is key to countering this phenomenon and achieving sustainable solutions.

In view of the above, the Government takes this opportunity to request the provision of substantive, technical and material ILO support in order to strengthen its capacities to combat human trafficking, arbitrary detention and forced labour. It recognizes that this assistance will contribute to improving the conditions of migrants and ensure the protection of their rights in application of the provisions of Convention No. 29.

It should be noted that the current political and security crisis in the country, as well as exploitation by international organized criminal gangs in order to commit human trafficking offences and organize illegal migration journeys to Europe, have constituted a major burden on Libya and have had an impact on the national economy, particularly in light of the political divide, the dual executive authorities, and the gap between the legislative and executive authorities, all of which have prevented the adoption of urgent practical and constitutional measures to address the issue.

Nevertheless, the Government adopted substantive measures to combat this offence, protect victims and hold accountable those involved in order to ensure the protection of migrants’ rights. The legislature attached special importance to this issue. Act No. 19 of 28 January 2010 on combating illegal migration provides in article 1 that: “An illegal immigrant is anyone who enters Libyan territory or resides therein without permission or authorization from the competent authorities, for the purpose of settling therein or transiting to another country.”

Article 4 of the same Act further provides for a penalty of imprisonment for a period not exceeding one year and a fine not exceeding 10,000 Libyan dinars for anyone who commits any of the offences established for the purpose of obtaining material or non-material benefit, directly or indirectly. The penalty is increased to imprisonment for a period of not less than five years if the perpetrator belongs to an organized criminal gang for the smuggling of migrants.

Article 43 of Act No. 5 of 27 September 2022 on combating cybercrime provides for a penalty of imprisonment for anyone who creates a website or publishes information on the internet or any electronic system for the purpose of human trafficking or its facilitation or handling.

The Libyan Criminal Code of 28 November 1953, in article 418, establishes the trafficking of women as an offence and, in article 419, establishes a penalty for anyone who facilitates the trafficking of women by any means.

Article 426 on dealing and trafficking in slaves further provides as follows:

Anyone who deals in or traffics slaves or disposes in any manner of a person in a situation of slavery or a person in a slavery-like situation shall be liable to a penalty of imprisonment for a period not exceeding ten years.

The penalty shall be imprisonment from three to twelve years for anyone who disposes of an enslaved person or a person in a slavery-like situation, or who delivers, possesses, acquires or keeps a person in that situation.

Article 428 on abduction provides that: “Anyone who abducts, detains, imprisons or deprives someone by any means of his personal freedom by force, threat or deceit shall be liable to a penalty of imprisonment for a period not exceeding five years.”

The measures adopted by the authorities include the issuance by the Council of Ministers in the Government of National Unity of Decision No. 439 of 2023 establishing and delineating the functions of a committee to study the legal status of expatriate workers, address the issue of their presence in the country and grant them a period in which to regularize their situation in accordance with the regulations and legislation in force.

In the same vein, the Council of Ministers issued Decision No. 16 of 2024 establishing and delineating the functions of the Supreme Committee to follow up on illegal migration. A national strategy was formulated to address the issue, control borders, merge efforts in this regard in coordination with the relevant authorities to establish a consolidated database and communicate with international and regional bodies to clarify the role of the Libyan Government in fulfilling its obligations with regard to action against illegal migration, border control and combating human trafficking.

In addition, the Council of Ministers of the Government of National Unity issued Decision No. 227 of 2025 modifying the structure of the Ministry of Internal Affairs and approving certain provisions. Article 2 of the decision provides for “the dissolution of the Directorate for Combating Illegal Migration and the transfer of its powers to the Ministry of Internal Affairs”. The decision came in response to international and national observations concerning abuses committed in some shelters under the authority of the Directorate and as a result of the Libyan Government’s desire to strengthen institutional oversight, instil the principles of transparency and accountability, strengthen governance, improve the situation of migrants and reorganize and strengthen the institutional framework concerned with migration management, in order to ensure that all shelters and measures taken regarding migrants comply with national and international human rights standards, under the direct supervision of the Ministry of Internal Affairs, which is the authority responsible for security and law enforcement.

This step forms part of the Government’s efforts to curb violations, encourage the humane treatment of migrants and ensure that migration policies are subject to continuous review and evaluation, which reflects the practical commitment of Libya to improving the situation of migrants and protecting them from exploitation and potential violations.

In accordance with the recommended measures, the Government drafted a Bill on human trafficking with the aim of strengthening the legal framework to combat this offence and making available adequate preventive and protective measures. The provisions of the Bill are based on the League of Arab States’ model law on combating human trafficking, which, in turn, is derived from the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Trafficking in Persons Protocol), to which it acceded in 2004 and which outlines optimal standards for the protection of human rights.

In this connection, the authorities confirm their awareness of the importance of this instrument for the protection of migrants’ rights and that the provisions thereof are fully implemented and incorporated into national legislation. Furthermore, slavery in all its forms has been criminalized in law since 1953 through the provisions of the Criminal Code, which criminalize slavery and servitude.

Having acceded to the Organized Crime Convention in 2000, Libya is working towards the establishment of mechanisms for its application at the national level and to deliver those involved in organized crime to justice. This endeavour is reflected in the concerted efforts and support of the security services to counter human trafficking. In this respect, persons involved in human trafficking offences have been sentenced by the courts, which demonstrates that the Criminal Code is enforced regarding this matter and that the Government is serious about holding accountable those responsible for these offences. The security services and the judiciary continue to work to hold perpetrators accountable and ensure that they do not go unpunished.

In addition, the Libyan security services and the judiciary conduct thorough investigations into cases of human trafficking, arbitrary detention and forced labour, prosecute alleged perpetrators and bring them to justice. In this context, the Criminal Court of Tripoli completed investigation procedures into the activities of three persons accused of intentionally committing human trafficking. The Court convicted the defendants and sentenced the first to life imprisonment and the second and third to 20 years’ imprisonment.

Furthermore, the authorities adopted a number of measures aimed at improving the situation of irregular migrants and reducing their vulnerability to exploitation and violations. The most notable of these include the closure of a number of migrant holding centres, including the premises at Ghawt al-Sha’al, Bi’r al-Ghanam, Al-Nasr al-Zawiyah, Al-‘Assah and Tariq al-Matar.

The fight against human trafficking is one of the main long- and short-term objectives pursued by the Libyan authorities and security services; every means has been deployed to eliminate terrorism and organized crime and strengthen land and sea border security, from the far north to the far south of the country.

The security services carried out specific operations targeting dens of mercenaries and human smuggling rings and were able to seize many such dens. One of these operations was a raid carried out by the Joint Security Committee targeting dens of human smugglers, alcohol and drug dealers in the Umm al-Aranib region. In view of the positive results achieved by these operations, efforts to pursue persons acting outside the law and enhance the prestige of the State in various regions continue.

From the far south to the far east of the country, Imsa’id Bi’r al-Ashhab Joint Security Operations Room agents raided several illegal migrant smuggling dens, apprehended a number of people smugglers and some 570 illegal migrants of various nationalities and also arrested several of the smugglers running these dens.

In a high-precision security operation, the Libyan security forces successfully dismantled one of the most dangerous migrant smuggling networks in the town of Al-Shuwayrif in south-western Libya and the authorities were able to liberate hundreds of migrants living in appalling conditions in secret detention dens. The Office of the Public Prosecutor initiated judicial proceedings against this network, following information received concerning suspicious activity by a criminal cell. Illegal migration and human trafficking operations are highly organized; through intensive investigations, the security forces were able to identify forced detention sites and delivered a strong blow to this gang by arresting one of the leaders of the cell and ten cell members who were co-perpetrators in these offences.

The Government, recognizing the importance of international cooperation in tackling human trafficking and forced labour, calls upon the ILO to provide substantive and technical support to the Libyan authorities concerned and to strengthen avenues of collaboration with countries of origin, transit and destination, so that it can benefit from ILO expertise and capabilities and continue to work towards the effective implementation of the Convention.

Despite the efforts expended, the lack of political and institutional stability and security hinders the progress of the executive branch in combating human trafficking, procedures for the presentation and ratification of Conventions and the enactment of laws, including the Human Trafficking Bill, and the promulgation thereof by the competent legislative authority, which constitutes a real challenge to the efforts of the Government in this field. We therefore hope for and look forward to the support of the ILO to overcome these obstacles, produced by the political crisis, in order to update the legal framework necessary to eliminate this phenomenon.

In conclusion, we trust that the Committee will understand the prevailing situation in Libya and reaffirm once again our commitment to international standards and our desire to cooperate with the ILO and our international partners to combat these serious phenomena, achieve justice and preserve human dignity.

Discussion by the Committee

Interpretation from Arabic: Chairperson – I have the honour of inviting the honourable representative of the Government of Libya, the Director of the Institute of Labour Culture, to take the floor.

Interpretation from Arabic: Government representative – I represent the Government of National Unity of Libya and it is a pleasure for me to speak to you today in order to discuss the observations of the Committee of Experts which can be found in the report concerning the application of the Conventions.

Libya joined the ILO in 1952, and we have ratified most of the fundamental labour Conventions, including the Forced Labour Convention, 1930 (No. 29). This was on 13 June 1961. This ratification demonstrates the significance my country attaches to integrating international labour standards into our national system in order to provide for decent work and a workplace free of stress and harassment.

Furthermore, the Libyan Government was elected in 2024 as a titular member of the Governing Body at the ILO representing the African continent for 2024 to 2027. This demonstrates the confidence that my country enjoys among members of the Organization and also demonstrates how we value both this Organization and its Conventions. Now, the fact that we are a member of the ILO Governing Body will be an important opportunity for my country when it comes to drawing up labour policies at the international level and also with regard to fostering cooperation with other countries.

Concerning the Committee of Experts’ comments, we would like to point out that the country is facing cross-border criminal gangs and a security and political crisis in the country, in addition to our economic difficulties. Moreover, there is a double executive authority in the country and a division between the executive and the legislative powers.

I would like to point out that groups involved in trafficking are international organizations, and they have made our country a transit country rather than a destination country. For this reason, the responsibility for combating this phenomenon does not lie solely with Libya; rather, it is a responsibility that should be shouldered in a joint manner in order to achieve positive results when it comes to combating the crime of human trafficking, providing protection for victims and implementing international labour standards.

The Government has adopted substantial measures to combat this crime, protect victims and identify the perpetrators in order to protect the rights of migrants. The Government has addressed this issue and banned forced labour and trafficking in persons in sections 37 and 39 of Chapter 8 of the Labour Relations Act No. 12 of 2010. Moreover, Act No. 19 of 28 January 2010 on combating illegal migration, in its sections 4 to 19, imposes sanctions on persons who are involved in illegal migration. It further criminalizes any violation of these provisions, categorizing such acts as criminal offences.

Likewise, section 43 of Act No. 5 of 27 September 2022 on combating cybercrime provides for a penalty of imprisonment for anyone who creates a website or spreads information on the internet or any electronic system for the purpose of human trafficking or its facilitation or handling. Furthermore, the Government issued Decision No. 439 of 2023 establishing a committee tasked with examining the legal situation of migrant workers and also examining their status and their presence in accordance with the relevant legislation. In addition, Decision No. 16 of 2024 established a dedicated committee to address issues related to illegal and cross-border migration.

A national strategy was also formulated to examine this problem, working together with the relevant authorities in order to establish a unique database and communicate with both international and national authorities to explain the role of the Government in fighting these crimes and human trafficking.

The Government’s Council of Ministers also passed Decision No. 227 of 2025 modifying the structure of the Ministry of Internal Affairs. Section 2 of the Decision provides for the dissolution of the body combating illegal migration and the transfer of its functions to the Ministry of Internal Affairs.

Regarding the centres that receive migrants, the Government is ensuring institutional monitoring and promoting transparency throughout legal procedures. Guarantees are provided so that the reception centres are in conformity with international and national human rights standards. This is an important part of the efforts deployed by the State in order to improve the treatment of migrants in the country and to guarantee that migration policies are reviewed so as to reflect Libya’s commitment to improving the situation of migrants and to protect them from potential abuse.

The Government has also prepared draft legislation on combating human trafficking which provides for preventative and protection measures. This draft is based on the Model Arab Law on Human Trafficking issued by the League of Arab States, and it also draws inspiration from international instruments on combating human trafficking, such as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The Government acceded to the Protocol in 2004.

Since 1953, the Criminal Code has classified engagement in slavery as a criminal offence. The Government has put in place mechanisms to prosecute individuals involved in these types of crimes. Judicial rulings against perpetrators of human trafficking have been made and published. Likewise, the judiciary is conducting investigations into cases of arbitrary detention, human trafficking and forced labour. Alleged perpetrators are brought to justice. For example, in Tripoli investigations were opened against three individuals accused of being engaged in human trafficking in a premeditated manner. The court found them guilty: one individual was sentenced to life imprisonment, while the second and third received prison sentences of 20 years each.

Furthermore, the Government has adopted a range of measures aimed at improving the situation of irregular migrants. Among these measures is the closure of several detention centres for migrants, including the building in Al-Sha’al, in the region of Al-Khananam and in the town of Zawiyah, and along the airport road.

Combating the crime of human trafficking is a key objective for the Government and for the law enforcement authorities in the short, medium and long term.

Therefore, we have deployed all efforts in order to combat terrorism and organized crime and to step up security at our borders both in terms of maritime and land transit. However, our best efforts are hindered by ongoing political and institutional instability in the country. This instability affects both executive and legislative actions, particularly in relation to the implementation of international labour standards, the fight against human trafficking, the adoption of relevant laws and the ratification of international instruments.

All these factors represent significant challenges, despite all of the Government’s efforts. For this reason, ILO support is key to helping overcome the obstacles arising from the political crisis in the country. The Government would like to reiterate its determination to respect international standards and continue collaborating with the ILO and other international partners to promote social justice and protect human dignity.

Employer members – The Employer members have reviewed the case concerning Libya’s application of the Convention with interest and concern. Libya ratified the Convention in 1961. This case was discussed in the Committee in 1992, though on other matters. There have been seven observations issued by the Committee of Experts on this case, namely in 1990, 1991, 1992, 2016, 2018, 2022 and 2024. The most recent 2024 observations are alarming.

These observations include, by way of example: that the Government provided no information on any measures taken to protect migrant workers from forced labour, including trafficking in persons; that various United Nations (UN) reports indicate ongoing and systematic enslavement, sexual violence and abuse of migrants, especially in detention centres, with evidence of involvement and collusion by state officials and militia-linked traffickers; that women and girls in detention are particularly vulnerable to sexual violence and exploitation and are subjected to systematic and large-scale violations of their fundamental human rights, including sexual exploitation, forced prostitution, trafficking and forced labour; that migrants were arbitrarily detained and subjected to forced labour practices, including trafficking and sexual slavery; and widespread complicity by the Libyan authorities. The Committee of Experts further requested that the Government take urgent and systematic action to end these practices, protect victims, investigate crimes and prosecute the perpetrators.

We are here at least in part because the Government has not sufficiently heeded requests and because the grave concerns reported continue to this day, though we are encouraged by the Government’s commitment to progress, and we are here in an effort to further and facilitate that progress.

As this Committee well knows, double footnoted cases require special attention and demand the very best of us. This is one such case, and the Employer members call on the Government and our Worker colleagues to work collaboratively to achieve tangible progress.

To be clear, the Employer members wish to stress their deep commitment towards the eradication of forced labour, trafficking in persons and related abuse. We stand united in our belief that there should be no place for this abuse in the world of work. We further stand ready in our commitment to exercise any authority that we may have as a social partner to assist in the eradication of this abuse, whether in Libya or elsewhere in our world.

To provide further context, we know that Libya is a transit country for migrants, which in turn creates very complex social and economic challenges for Libya as a country. We also note that migrants represent a population uniquely vulnerable to labour and human rights violations, particularly trafficking in persons and forced labour.

Almost ten years ago, in 2016, the UN Support Mission in Libya issued a report that, by way of example, recounted that migrants were accosted by armed men believed to be members of the Libyan Coast Guard and then subjected to arbitrary detention, sexual exploitation and forced labour. These migrants were reportedly forced to work in Libya’s agricultural, construction and domestic industries.

The Employer members further note that the UN Security Council, through resolution 2388 (2017), opined that this reported abuse supported organized crime and terrorist networks in Libya. These reports have, regrettably, continued. The UN Independent Fact-Finding Mission on Libya, in its final report of 3 March 2023, reported with deep concern that since 2016, migrants across Libya had been the victims of enslavement and sexual violence as part of broader trafficking, bribery and arbitrary detention schemes. The Mission found reasonable grounds to believe that migrants were enslaved in detention centres run by the Government. The Mission further reported sexual slavery that was committed in the trafficking hubs of Sabratha and Bani Walid. The Mission found evidence to suggest that Government agencies and agents colluded and engaged in this abuse. All levels of the Government were implicated, and the Directorate for Combating Illegal Migration, the Libyan Coast Guard and the Stability Support Apparatus, which was established in January 2021 by the Presidential Council and is made up of an alliance of armed groups, were specifically noted as participating in this abuse.

Similar accounts were described in the 2023 report of the UN Special Rapporteur on violence against women and girls and in the report of the UN Support Mission in Libya of 8 August 2024, which described persistent patterns of abuse, exploitation, forced labour, extortion, torture and other forms of ill treatment against migrants and refugees, in particular those in detention. In this report, the UN Secretary-General urged the Libyan authorities to adopt a comprehensive legal and policy framework on migration that prioritizes the human rights, dignity and well-being of migrants, refugees and asylum seekers, including the exploration of noncustodial measures as alternatives to detention and increased protection from arbitrary detention, forced labour, slavery and trafficking in persons.

The Government, in its written information, has pointed to the current instability and the exceptional circumstances in the country, and the region more broadly, including Libya’s limited economic resources and the need for global cooperation to combat human trafficking and its associated challenges. We are encouraged to read the Government’s stated commitment to combating human trafficking, arbitrary detention and forced labour, as well as its request for technical assistance from the ILO to support its capacity in this regard.

At the same time, it is important to recall that the Convention is a fundamental Convention. Among other things, Member States that have ratified the Convention, including Libya, commit to adopting measures to suppress the use of forced labour or compulsory labour in all its forms within the shortest period possible. They also commit to ensuring that the illegal extraction of forced labour and compulsory labour is punishable as a penal offence, and to ensuring that penalties imposed by law are really adequate and strictly enforced.

The Employer members share the Committee of Experts’ concerns that these mandates are not being sufficiently heeded by the Government. The Employer members’ comments should not be taken as minimizing the complex series of political, institutional and security difficulties faced by Libya. Nor do we minimize the fact that these difficulties can make the abuse reported even harder to investigate or to remediate.

Yet the facilitation of forced labour and trafficking in persons presents serious concern for workers, employers and civil society more broadly. It is thus worthy of this Committee’s full attention and cooperation. To this end, the Employer members prevail on the Government to take the following steps: to acknowledge the scope and gravity of this abuse and to collaborate with this Committee, the ILO and the social partners.

It is the view of the Employer members that Libya needs both technical and other material assistance, and we call on it to work with legitimate, competent resource groups to begin building a technical road map for eradicating this abuse and their own complicity therewith.

We welcome the Government’s efforts to come to this process in good faith to achieve progress. We further recall and reiterate that the UN Secretary-General is urging Libya to adopt a comprehensive legal and policy framework on migration that prioritizes human rights, dignity and the well-being of migrants, refugees and asylum seekers. We look forward to hearing the views of the other groups on this case.

Worker members – We are discussing Libya under Convention No. 29 on forced labour, a fundamental Convention of the ILO. The Committee of Experts has raised serious concerns over several years, and this year Libya was double footnoted, underscoring the gravity of the non-compliance. The Committee of Experts noted the dehumanizing conditions faced by migrant workers who are arbitrarily detained and subjected to forced labour and trafficking. These concerns fall under Articles 1(1), 2(1) and 25 of the Convention, yet the Government has failed to provide any meaningful response or action. It has not reported any measures taken to prevent trafficking or to protect migrant workers from forced labour. This inaction is deeply regrettable.

The UN Independent Fact-Finding Mission on Libya, in its final report of 3 March 2023, confirmed the country’s deteriorating human rights situation. It found that since 2016 migrants across Libya had been victims of enslavement and sexual violence linked to arbitrary detention, trafficking and smuggling. Migrants were enslaved in detention centres operated by the Directorate for Combating Illegal Migration, an official body under the Ministry of Internal Affairs. These are not rogue operations; these are facilities under State control. The same report found that sexual slavery was also being committed in known trafficking hubs.

The complicity of state actors in these crimes is undeniable. The Mission documented systematic collusion between state officials and traffickers, often working with militia, for personal financial gain. This is not just forced labour. It is a criminal enterprise built on slavery, exploitation and impunity.

The UN Special Rapporteur on violence against women and girls, in her May 2023 report, reinforced this picture. She described the rape and sexual violence against migrant and refugee women and girls, especially in detention. The lack of female guards, oversight or independent monitoring creates conditions where women and girls are routinely exploited. There are no safeguards. There is no justice. Victims of these atrocities – including abduction for ransom, forced prosecution, trafficking and sexual slavery – have no recourse. Impunity reigns.

The most recent 2024 report of the UN Secretary-General on the UN Support Mission in Libya confirms that the situation is not improving. It urges the Libyan authorities to adopt a comprehensive legal and policy framework on migration, one that upholds human rights, that upholds the dignity and well-being of migrants and refugees. The UN Secretary-General has called for urgent reforms on decriminalizing irregular entry and stay, introducing alternatives to detention and protecting people from forced labour, trafficking and slavery, but nothing has been done.

We deplore the continued violations: migrants being intercepted, arbitrarily detained and enslaved in state-run detention centres; women and girls subjected to rape and sexual slavery; the collusion between state actors and traffickers and the total absence of justice or redress. This situation constitutes a gross and systematic violation of the Convention, and the interventions by my colleagues will give further examples in this regard.

Government member, Poland – I have the honour of speaking on behalf of the European Union (EU) and its Member States. The candidate countries Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, Republic of Moldova and Ukraine, and the countries of the European Free Trade Association (EFTA), Iceland and Norway, members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights and the abolition of forced and compulsory labour. We support the ILO’s supervisory system in its crucial role of promoting and supervising the application of ratified standards. We note with regret the observations of the Committee of Experts concerning the lack of information provided by the Government, particularly in relation to the measures taken to protect migrant workers from forced labour, prevent trafficking in persons and ensure accountability. We remain deeply concerned by the Committee of Experts’ findings regarding the continued perpetration of trafficking, arbitrary detention, forced labour and sexual exploitation of migrants and refugees, with near total impunity for the perpetrators. We are also gravely concerned by the climate of impunity for rape and other sexual violence against migrant women and girls.

We support the Committee of Experts’ calls for urgent and systematic action to end these widespread human rights violations, provide immediate protection and assistance to victims and adopt and implement the draft law on combating trafficking in persons.

We also note with particular concern the documented complicity of state officials, local authorities and institutions, including the former Directorate for Combating Illegal Migration and the Libyan Coast Guard, in the perpetration of this abuse or in collusion with traffickers and armed groups.

We urge the Government to ensure thorough and independent investigations to prosecute those responsible and to impose sufficiently dissuasive sanctions in line with its obligations under the Convention. We recall the importance of ensuring that all victims have access to protection, assistance and effective remedies, including voluntary repatriation and reintegration where appropriate.

With regard to the Abolition of Forced Labour Convention, 1957 (No. 105), we note with concern the observations of the Committee of Experts concerning the use of imprisonment involving compulsory labour as a penalty for expressing political views or opinions. We urge the Government to take the necessary legislative steps to repeal or amend the relevant provisions of the Publications Act, the Criminal Code and the Anti-Cybercrime Law to bring them into full conformity with Convention No. 105.

While acknowledging the complex political, institutional and security context in Libya, we recall that such circumstances do not absolve the Government of its obligations under international labour standards nor justify the ongoing grave and widespread human rights violations reported. Reforms and progress, as well as transparency and accountability, are expected from the Government, particularly with regard to the creation of the General Administration for Combating Illegal Migration as a successor organization to the Directorate for Combating Illegal Migration.

The EU and its Member States encourage the Government to intensify its cooperation with the ILO and to engage meaningfully with social partners and the international community. We will continue to follow the situation closely and remain ready to support efforts aimed at ensuring compliance with international labour standards and upholding the rights and dignity of all individuals.

Government member, Switzerland – Switzerland supports the statement delivered on behalf of the EU and wishes to add the following points. Switzerland is deeply concerned at the conclusions of a number of UN reports describing an alarming deterioration in the human rights situation in Libya, particularly for migrants and refugees. Great numbers of migrants are intercepted along migration routes by smugglers, traffickers, armed militia and other actors linked to organized crime, then detained arbitrarily for the purposes of forced labour, slavery – including sexual slavery – and trafficking in persons. Moreover, detained migrants and refugees are forced to work in inhuman conditions constituting forms of ill treatment and acts of torture.

Switzerland condemns these acts in the strongest possible terms; they constitute grave violations of the Convention. It is all the more alarming to note that there are well-founded suspicions regarding the Libyan authorities’ active participation in networks of exploitation and trafficking in persons. Victims, particularly migrant and refugee women and girls, have no access to justice, and much less to redress. Furthermore, the perpetrators of these illegal and inhuman acts enjoy a climate of almost total impunity and are therefore only rarely prosecuted. Switzerland reminds the Government that, under Article 25 of the Convention, adequate criminal penalties must be imposed and strictly applied against any person who has exacted forced labour.

While recognizing the complexity of the political and security context in Libya, the Swiss Government, given the extent and the gravity of the problem, calls on the Libyan Government to adopt urgently all necessary measures to bring an end to the systematic and organized practices, including within the state apparatus, of arbitrary detention and forced exploitation of migrants and refugees. The Swiss Government also calls on the Libyan Government to establish a legislative and legal framework that affords victims effective protection and sanctions perpetrators, including public officials. In that regard, Switzerland expresses the hope that the draft law on combating trafficking in persons will be adopted quickly and implemented in practice by the authorities. The Swiss Government also encourages the Libyan Government to strengthen its cooperation with the Office.

Employer member, Algeria – The situation of women and men as described in the report of the UN Independent Fact-Finding Mission on Libya and reflected in the report of the Committee of Experts is truly chilling. These serious violations of human rights, including, of course the rights of women, are disgraceful and unacceptable. Algeria and Libya are neighbouring countries, we share a border spanning 1,000 kilometres, and we know each other quite well. As an employer organization, our contact with our Libyan partners has given us the impression that there is a strong willingness on their part to restructure their economic sphere and to improve working conditions for their regular workers. However, and we have heard this repeatedly, they are facing significant security challenges caused by cross-border crime which hinders any economic development, any social healing, and that holds the population, workers, employers and migrants hostage. These same partners tell us that their Government is endeavouring to adopt all suitable measures to improve the situation, and that there is a genuine willingness on the part of their State to develop specific mechanisms. Unfortunately, the prevailing instability weakens and, if I have understood the Government representative correctly, paralyses all institutions and makes implementing viable and sustainable corrective mechanisms even more difficult.

I therefore support the Employer members’ wish to provide technical assistance to Libya to afford it specific support that allows for the strengthening, within a reasonable time frame, of its institutional capacities in combating forced labour. I am convinced that Libya, which aspires only to stability and progress, will seize on that technical support willingly and enthusiastically.

Worker member, Italy – I speak on behalf of the three Italian confederations: the Italian General Confederation of Labour, the Italian Confederation of Workers’ Trade Unions and the Italian Labour Union. Since 2017, when the bilateral agreement between Italy and Libya was first signed, our organizations have consistently called for its revocation while denouncing the broader practice of externalizing border control. The agreement entrusts the Libyan Coast Guard, particularly in Tripoli, with patrolling the central Mediterranean. This arrangement includes the provision of patrol vessels, a maritime coordination centre and training activities, initiatives that are financed with EU funds.

Unfortunately, since then, and over the course of all these years, thousands of vulnerable people – men, women and children – have been intercepted at sea and forcibly returned to Libya, where they face arbitrary detention; torture; cruel, inhuman and degrading treatment; rape; forced labour and even killings.

The report of the Committee of Experts speaks clearly. The UN Independent Fact-Finding Mission on Libya found reasonable grounds to believe that migrants have been subjected to enslavement in detention centres managed by the Directorate for Combating Illegal Migration. The evidence strongly suggests that officials of Libyan state institutions, most notably the Directorate for Combating Illegal Immigration, the Libyan Coast Guard and the Stability Support Apparatus, have been complicit at all levels. Indeed, the International Criminal Court has issued an arrest warrant for the Commander of the Libyan judicial police for the murder of 34 detainees and the rape of 22 others, including a 5-year-old child.

The UN Independent Fact-Finding Mission on Libya, the UN Support Mission in Libya and the Office of the UN High Commissioner for Human Rights reported that male detainees were forced to carry out cleaning and maintenance tasks under the threat of violence in the Ain Zara detention centre and Al-Mabani, also known as the Tripoli Gathering and Return Centre. In the Bani Walid detention camp, migrants were reportedly forced to work in construction and maintenance under coercive and violent conditions.

We reiterate our demand for an immediate revocation of the bilateral agreement between Italy and Libya. Any agreement, at this time, risks playing a direct role in facilitating and perpetuating forced labour and therefore constitutes a grave violation of the Convention.

Interpretation from Arabic: Government member, Algeria – The Algerian delegation listened attentively to the intervention of the distinguished representative of Libya regarding the efforts made by the Government to combat forced labour and the various circumstances surrounding it. The Algerian delegation commends the strategy prepared in this area and the mechanisms put in place by Libya in order to curb this phenomenon. Algeria also appreciates the legal and institutional reforms adopted by Libya and the tightening of penalties for crimes related to human trafficking and cybercrimes that contribute to the exacerbation of this phenomenon of forced labour.

Accordingly, Algeria supports the Libyan State’s request for the necessary technical support from the ILO to enhance its capacities to combat human trafficking and forced labour. Algeria also appreciates Libya’s commitment to international labour standards and calls on the ILO to support the country in strengthening its capacities to combat forced labour.

Employer member, United States of America – We are taking good note of the concerns raised in this discussion and wish to share our further concerns about the situation in Libya. Although the context of Libya’s political and governance instability remains a key consideration, violations and abuses must be acknowledged and recorded at the very least, and certainly in this Committee. Our sincere hope, however, is that we can go further and use this platform to effect some positive change.

To that end, and as the Government has noted today, Libya has ratified the 2000 UN Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The Government has thereafter, and nonetheless, failed to abide by this Protocol. Worse, the Government has been reported to be materially engaged and complicit through official Libyan Government agencies in the very same grave abuses that the Convention and the Palermo Protocol were designed to curb.

The United States publishes an annual Trafficking in Persons Report. It contains a wealth of information on these issues on a country-specific basis, and it addresses reported abuses in government efforts, along with relevant political and other context. Those that are seeking further information on the situation in Libya or other countries should access this report. Libya has been classified as a “special case” for the last nine years given the systemic issues that persist in the country.

As the 2024 Trafficking in Persons Report has noted, human traffickers exploit domestic and foreign victims in Libya. Migrants in Libya are particularly vulnerable to sex and labour trafficking, including those seeking employment in Libya or moving through Libya en route to Europe. As of December 2023, international organizations estimated that there were at least 706,369 migrants and refugees of more than 44 nationalities in Libya.

In 2022, an international organization reported cases of traffickers compelling migrant boys to drive boats to Europe where they were then detained to facilitate migrant smuggling.

In addition, several credible sources continue to report that an unknown number of migrants are held in criminal prisons that are affiliated with, by way of example, the Libyan Ministry of Justice. According to international observers, Libyan detention operators also force migrants to serve armed groups, to cook and clean, and to transport weapons and other materials. In some cases, detained migrants are forced into sexual slavery in exchange for basic necessities, or they are released from prison.

There are so many other awful reports. It is my sincere hope that shining a further light on these issues will help make a difference in Libya.

Interpretation from Arabic: Worker member, Bahrain – I deliver this statement on behalf of the General Federation of Bahrain Trade Unions. The Convention lays the groundwork for decent work and aims to preserve human dignity based on a principle long championed by the ILO; namely, that labour is not a commodity.

Today in Libya, workers of all categories are subjected to numerous violations, particularly of their right to receive wages in return for work. In many cases, we have been told that workers are forced to work for extended periods without pay. The precarious situation in the country has contributed to the absence of a genuine judicial mechanism to enable workers to file complaints and uphold their rights.

We at the General Federation of Bahrain Trade Unions express our solidarity with both national and migrant workers in Libya. We call on the ILO to support the tripartite constituents in Libya through genuine and true tripartite dialogue, to implement all provisions of the Convention and to address all violations, and to establish an effective complaints mechanism to guarantee the work of all workers.

Interpretation from Arabic: Government member, Egypt – We have taken note of the measures taken by the Government of National Unity with regards to the implementation of the Convention and commend the efforts made by the Government to achieve full compliance with its provisions, in particular in response to the observations of the Committee of Experts. We have noted with great interest the progress made by the Government of National Unity in improving the human rights situation and combating impunity.

The Government is sparing no effort to ensure that it fulfils its international commitments in spite of the difficulties of the transitional period and the political and institutional divisions that are affecting the country. The Government of National Unity has made every endeavour to ensure its compliance with international labour standards through its national legislation and has affirmed that slavery and forced labour are prohibited crimes under the Penal Code.

Libyan national law also prohibits human trafficking, kidnapping and enforced disappearance, and several measures have been taken to regulate and legalize the status of migrants in accordance with national regulations. To show its commitment to fulfilling its international and national obligations, and in response to local and international criticism of the conduct of the Directorate for Combating Illegal Migration, the Government has recently issued a resolution to dissolve the aforementioned Directorate.

Through its accession to the UN Convention against Transnational Organized Crime, the Government is trying to integrate international standards into national laws and consolidate the efforts of security agencies to support the fight against human trafficking.

The Egyptian delegation expresses its appreciation for Libya’s commitment to fulfilling its international obligations and promoting compliance with international labour standards. We commend the progress made and the legislative reforms undertaken by the Government of National Unity to achieve compliance with the Convention and hope that this will be taken into account by the Committee in its conclusions.

Employer member, Democratic Republic of the Congo – We support the observation by the Committee of Experts that there is real concern that it has not been sufficiently demonstrated that the Government has provided information on the measures adopted to protect migrant workers from forced labour, including trafficking in persons. Indeed, contrary to Articles 1(1) and 25 of the Convention, there are certainly major concerns in that regard in the country, including:

• the enslavement of migrants, the existence of forced labour, incarceration and trafficking in persons, which generate significant revenue for third parties;
• the deterioration of the human rights situation in the country.

This is incessant, systematic and widespread. The UN Independent Fact-Finding Mission on Libya has provided sufficient confirmation. We can affirm that a climate of impunity prevails: there is not even a mechanism to provide redress to these victims, of whom there are a great many.

In conclusion, we believe that there is a serious need for a global legal and political framework that centres the promotion of human rights and combats, among other things, forced labour according to the letter and spirit of Article 25 of the Convention. That Article provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.” That should be done while considering Libya’s complex situation, including its well-known security context.

Furthermore, it is incumbent upon the ILO to fulfil its mission to promote labour rights by supporting this sister African country while bearing in mind its current complex context.

Worker member, Spain – We are here today to consider a case of the violation of the Convention by the Government that has made Libya a significant centre for trafficking in persons, slavery and forced labour. The serious violations suffered by migrants in Libya have become an everyday practice in the face of the indifference shown by the Government, which has made no legislative or executive effort to address those violations.

The Committee of Experts had previously taken note of the various reports issued by different UN bodies, making specific reference to the report on the investigation undertaken by the Office of the UN High Commissioner for Human Rights on Libya of 15 February 2016, which stated that migrants were arbitrarily detained or deprived of their liberty, frequently in inhuman conditions, and subjected to financial exploitation and forced labour.

In that context, the Office of the UN High Commissioner for Human Rights recommended that the Government address the situation of migrants urgently and adopt effective measures to combat trafficking in persons.

The Committee of Experts also referred to resolution 2240 of the UN Security Council, issued in October 2015, condemning all acts of migrant smuggling and trafficking in persons into, through and from Libyan territory and off the coast of Libya which have further undermined the stabilization process in Libya and jeopardized thousands of lives.

We believe that all the initiatives announced by the Government, including the creation of a committee or unit to combat trafficking in persons, are no more than declarations of intent and are not commensurate with the seriousness of the violations of the Convention committed on the ground.

The Government must assume its responsibilities, like all countries of transit, by establishing adequate legislative frameworks and strengthening its supervisory and compliance bodies. We recognize the difficult situation in the country, but that cannot be an excuse for remaining silent in the face of the forced labour and arbitrary exploitation suffered by migrant workers. Libyan legislation must be strict with persons who commit these atrocities, these crimes, and must not allow them to evade punishment.

Interpretation from Arabic: Employer member, Tunisia – My delegation would like to express its gratitude for the presence here of the Government of Libya and its responses to the observations of the Committee of Experts concerning the Convention. We note the efforts made by the Government at both the administrative and legislative levels to combat forced labour, protect victims and hold accountable persons involved in human trafficking networks, despite the political and security situation in the country.

Given that context, my delegation is of the view that we cannot leave a country to combat a problem of this scale alone. Many countries must come to Libya’s aid. Resources should be made available by the ILO to enable the Government to strengthen its capacities to combat trafficking in persons, arbitrary detention and forced labour, particularly since we note that the Government of Libya expresses a desire to apply the Convention. We pay tribute to the efforts made by the Government, particularly the dissolution of the Directorate for Combating Illegal Migration following international criticism concerning the violations committed in some detention centres. This demonstrates Libya’s commitment to improving migration governance and its positive, constructive interaction with international organizations.

My delegation welcomes the Government’s commitment to harmonizing its national legislation with international standards while bearing in mind the observations and conclusions of this Committee and of the Committee of Experts.

Worker member, Norway – I am speaking on behalf of the trade unions in the Nordic countries. Libya is facing serious allegations of violations of the Convention. Among the critical concerns are human trafficking, arbitrary detentions, sexual slavery and forced labour of migrants since 2016.

According to the report of the UN Independent Fact-Finding Mission on Libya of 3 March 2023, there are reasons to believe that migrants across Libya are victims of enslavement and sexual violence in the detention centres run both by official authorities and the militia.

There are strong reasons to believe that, in pursuit of revenue and through strong structural protection, the Directorate for Combating Illegal Migration, the Libyan Coast Guard and the Stability Support Apparatus are all involved in forced labour and trafficking. In addition, there exists a systematic culture of rape, sexual slavery and forced prostitution against migrant and refugee women and girls. These women have no protection, and the perpetrators are not prosecuted.

In 2024, some 787,000 people were present as migrants and refugees in Libya, according to the International Organization for Migration (IOM). These persons, mainly from North or sub-Saharan Africa, went to Libya to search for work or try to reach Europe by crossing the Mediterranean Sea. All of them had a dream of a better life and helping their families back home financially. Instead, they find themselves in precarious conditions and are subjected to a range of violence and abuse both inside and outside the country’s detention centres. These people are abducted, subjected to extortion and trafficking practices, assaulted or sexually abused.

It is shocking to find that Libya has institutionalized forced labour through mass detention and extortion. This qualifies as a gross violation of the Convention. We urge the Government to take the necessary measures to ensure that migrant workers and refugees in Libya become protected. In-depth investigations should be undertaken, victims protected and perpetrators prosecuted. Libya’s draft anti-trafficking law should be adopted urgently. Further, a comprehensive legal and policy framework on migration that prioritizes human rights, dignity and the well-being of migrants, refugees and asylum seekers should be given priority.

Government member, United Kingdom of Great Britain and Northern Ireland – The United Kingdom closely monitors the human rights and labour conditions in Libya, and we appreciate the opportunity to discuss these critical issues in this forum. The United Kingdom is deeply concerned about the ongoing violations against migrants and refugees in Libya, particularly those subjected to forced labour, trafficking and arbitrary detention. These vulnerable communities across Libya face enslavement in detention centres which are managed by both official and unofficial entities. The involvement of state institutions in these crimes is particularly alarming and constitutes a severe violation of the Convention.

We are also deeply troubled by the impunity for sexual violence against migrant and refugee women and girls. The lack of safeguards and monitoring mechanisms leaves these individuals vulnerable to exploitation and abuse. The United Kingdom calls on the Libyan authorities to engage fully with the UN and the humanitarian community so that all migrants and refugees are treated in accordance with international human rights law. There must be transparency and accountability for human rights violations in Libya and an end to arbitrary detentions and the exploitation of migrants. We call for in-depth investigations into these abuses.

In conclusion, the United Kingdom condemns the severe human rights violations against migrants and refugees in Libya. We urge the Government to end the exploitation and abuse of migrants and establish safeguards and monitoring mechanisms to respect human rights. Together we must uphold the principles of the Convention and ensure justice for the victims.

Worker member, Lesotho – We present before you today the case of the Government of Libya in violation of the Convention, which Libya ratified in the year 1961. The more than half a century that has passed since this ratification has not been enough for the Government to ensure the implementation of this Convention and to protect migrant workers from forms of forced labour and human trafficking.

We are speaking about 850,000 migrants, according to a report issued last January by the IOM, more than half of whom are from sub-Saharan Africa. If we were able to document multiple violations against these migrants, such as exploitation and trafficking, then what remains hidden is likely even more alarming, especially given the disproportionately large number of migrants relative to Libya’s population of just 7 million.

As noted in the 2023 report of the Committee of Experts, systemic violations against migrant workers have been documented, carried out by armed groups, human trafficking gangs and official entities. These violations are varied and include:

• debt bondage;
• forced labour under threat;
• arbitrary detention;
• forcing migrants to work in farms and households;
• threats of starvation and rape.

What has the Government done in response to all these condemnations? Of course, nothing worth mentioning. The excuse of political transition is no longer a convincing justification for not issuing a package of legal and executive measures to protect the bleeding expansion of organized trafficking networks and the violence of armed groups against migrant workers.

If no decisive stance is taken by the Government, we may be waiting another ten years or more, and just imagine how many new victims will fall prey to human trafficking, forced labour, coercion and rape.

We demand the dispatch of a fact-finding committee to Libya as soon as possible to intensify pressure on the Government to fulfil its obligations under the Convention.

Interpretation from Arabic: Government member, Morocco – I will begin by thanking the Government of Libya for the information provided and the effort made to respond to the observations of the Committee of Experts. After listening to the representative of Libya, we must recognize that significant measures have been adopted to tackle the problems that the country is encountering, particularly with regard to clandestine and illegal migration. Despite some difficulties, we see the Government making an effort to establish a legal framework to combat trafficking in persons, particularly migrants. A number of laws have been adopted to address the situation of migrants, cybercrime, trafficking in persons, abductions and extortion. These laws are based on the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the regulations of the League of Arab States. The Government has also taken steps to review and monitor detention centres and adopt measures against the perpetrators of illegal acts.

In conclusion, we encourage the international community to cooperate with the Government of Libya. We also call on the ILO to continue to support the Libyan authorities, particularly with regard to implementing the observations of the Committee of Experts.

Worker member, Brazil –I express our deep concern over Libya’s persistent failure to comply with the Convention. We stand in solidarity with Education International and its affiliates in denouncing serious and ongoing violations in Libya and in supporting all workers enduring conditions of forced labour in the country.

As of early 2025, the IOM reported over 850,000 migrants in Libya, a sharp increase on the previous year. Many came from Sudan, Niger, Egypt and Chad, escaping conflict and poverty only to face exploitation upon arrival.

Credible sources, including the IOM and a 2023 UN fact-finding mission, have documented systematic forced labour, sexual exploitation and arbitrary detention. These abuses are committed by both the state and non-state actors and amount to crimes against humanity.

Despite international scrutiny, the Libyan authorities have failed to take meaningful action. The lack of functioning state and independent trade unions impedes both monitoring and victim protection.

Compounding the crisis in Libya is the outdated Penal Code from the 1950s which defines trafficking narrowly, ignoring labour and sexual exploitation and forms of forced labour. This legal gap allows perpetrators to act with impunity and leaves migrant workers unprotected against rape, coercion and conditions of enslavement.

We urge the Government of Libya to:

• fully cooperate with the ILO supervisory mechanism;
• reform its legislation in line with Convention No. 29 and international human rights standards;
• take urgent concrete measures to eliminate forced labour and human trafficking.

Forced labour is not only a violation of Convention No. 29, it is a violation of human dignity. The ILO must act decisively to hold Libya accountable and ensure that justice reaches the most vulnerable.

Interpretation from Arabic: Observer, International Trade Union Confederation (ITUC) – I am Libyan. The denial of workers’ rights has led to serious violations of the Convention. The Government has so far failed to demonstrate commitment, and the violations have persisted. Owing to corruption, human trafficking has become a lucrative activity. Given the pressure on migrant workers in the region, Libya has become a hub for them.

These migrant workers find themselves trapped and cannot enjoy their rights. The authorities make objections to guaranteeing them decent wages. We know that, for years, even nationals have not enjoyed the right to be paid. Benefits are not paid, and workers are threatened with dismissal if they do not follow the Government’s instructions. This is another form of slavery not only for migrant workers, but also for nationals. We call for the establishment of a commission of inquiry to examine the facts and remedy the situation, including for Libyan workers. This is the least that we can do in the service of humanity.

Interpretation from Arabic: Another Government representative – The Government expresses its commitment to take into account the recommendations of your Committee. In the statement made earlier by my colleague, only a few measures were mentioned to respond to the observations made by the Committee of Experts. The Government has, for example, dissolved the Directorate for Combating Illegal Migration and closed detention centres. It has brought individuals responsible for mistreating migrants to justice, among them members of the police. One individual who is a well-known trafficker was arrested and has been taken to the International Criminal Court.

The existing legal framework addresses slavery, servitude and human trafficking. This demonstrates our firm commitment to combating human rights violations more broadly. In particular, we are deeply concerned with safeguarding the rights of migrant workers, in view of our responsibilities under the Convention.

The country is facing exceptional circumstances: there are political divisions, and an armed militia is running wild in the country. Despite such circumstances, the Government is committed to complying with international law, including the Convention.

We are determined to shoulder our responsibilities, but we need to do so in cooperation with the International Labour Office and our other partners to help us take further steps to meet our commitments under the Convention.

Currently, my country is hosting approximately 2 million illegal migrant workers who are residing and working in Libya without legal authorization. These individuals live alongside Libyan citizens and are managing to remit financial support to their families in their countries of origin. Yes, there are some in detention, but according to the IOM, it is a couple of thousand individuals, not 1 million. We are trying to improve the situation, and many centres have been closed.

We are cooperating with the ILO and are seeking technical support and capacity-building from the Organization.

Worker members – We want to thank all the delegates who have taken the floor during this important discussion. We cannot overemphasize the scale and severity of the violations faced by migrant workers in Libya. These are not isolated incidents. They reflect systematic practices of forced labour and exploitation which include work performed under coercion in extremely harsh and abusive conditions and with no freedom to leave.

The reality for many migrant workers includes torture, sexual violence and even death. Migrants are arbitrarily detained in centres run by both official state bodies and unofficial actors where they are subjected to enslavement, forced labour and sexual slavery, with near total impunity for the perpetrators.

The Committee of Experts and various UN mechanisms have clearly documented the complicity of state actors, individuals and institutions that are meant to uphold the law, but that instead collaborate with traffickers and armed groups for personal gain. This impunity must end.

The Government must act with urgency. A fragmented or symbolic response is not sufficient. What is required is a systematic, sustained and holistic approach to end arbitrary detention, to prevent forced labour and trafficking and to protect migrants from abuse and exploitation.

Immediate measures must be taken to ensure protection and assistance for victims, including through voluntary repatriation and meaningful reintegration programmes. These cannot be ad hoc. They must be properly resourced, rights-based and conducted in cooperation with international partners. The investigation and prosecution of perpetrators, including complicit state officials and members of armed groups, must follow.

Justice must not be selective or symbolic. It must be real, and it must include strong dissuasive sanctions for all forms of forced labour and trafficking.

In view of the gravity and urgency of this situation, we call upon the Government to continuously report to the ILO on concrete progress made not only on paper, but in practice; to provide detailed information on steps taken to combat trafficking in persons, including victim identification, protection mechanisms and access to justice; to adopt, without delay, national legislation that specifically addresses trafficking in persons and to provide a copy of such legislation to the ILO as a matter of urgency.

We also urge the Government to formally request the ILO’s technical assistance. This is not just an administrative measure, it is a signal of political will, and, where appropriate, we believe that this support must include the direct involvement of the ILO’s highest-level experts, sustained over time to ensure real change.

This Committee must send a clear message that forced labour, trafficking, sexual slavery and impunity cannot be tolerated, especially when committed in the shadow of state authority. The international labour standards that we uphold in this Organization mean nothing if such violations are allowed to continue without consequence. We therefore call on the Government to meet its obligations under the Convention fully and without delay and to place the rights, dignity and safety of migrant workers at the centre of all policy and action. We also want to urge the Government to accept a high-level mission of the ILO.

Employer members – In closing, the Employer members would like to stress, once again, that we consider unacceptable any forms of forced labour, notably where they target the most vulnerable categories of society or where the central authorities are complicit in the practices. Our position thus aligns in this regard with the Committee of Experts.

In these circumstances, the Employer members request the Government to, first, ensure the complete elimination of the use of compulsory labour; second, to engage in meaningful and thorough investigations and to ensure that alleged perpetrators are prosecuted, including and especially those engaged by the Government; third, to cooperate with the ILO and the most representative workers’ and employers’ organizations to ensure the full application of the Convention in law and in practice; and finally, fourth, to provide information on concrete measures taken in this respect, including the development of a road map and reporting on progress therewith.

We trust that the Government will implement such recommendations in a timely manner in order to achieve full compliance with the Convention, both in law and in practice, and to report on their progress to the Committee of Experts by the 1 September deadline.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

While noting the prevailing situation in the country, the Committee expressed deep concern regarding the situation of migrant workers who are forced to work under extremely harsh conditions and experience ill treatment, including torture, death, enslavement, and sexual exploitation with the complicity of the Government. Taking into account the discussion, the Committee urged the Government to take, in consultation with the social partners, effective and time-bound measures to:

• provide migrant workers with adequate legal protection, including by ensuring the adoption of the Bill on combating trafficking in persons shortly and requests the Government to provide a copy thereof;
• ensure that migrant workers who are victims of abusive practices amounting to forced labour are provided with adequate protection and assistance as well as remedies, rehabilitation and compensation, and take immediate measures for the protection and assistance of victims, including through voluntary repatriation and reintegration;
• ensure migrant workers have access to the justice system and are protected against reprisals, including deportation, and that their cases are processed expeditiously and that decisions are enforced;
• introduce and enforce effective and sufficiently dissuasive penalties against offenders including militia groups and labour recruiters who engage migrant workers in situations amounting to forced labour, including perpetrators in official and unofficial migrant centres, and strengthen the capacity of law enforcement bodies in this area;
• ensure that in-depth investigations are undertaken, alleged perpetrators are prosecuted, including complicit state officials and members of armed groups, and sufficiently dissuasive sanctions imposed on those who exact any form of forced labour; and
• strengthen the law enforcement, hire and train additional labour inspectors and increase material resources necessary to enable them to carry out inspections in this regard.

The Committee invited the Government to avail itself of ILO technical assistance to ensure full compliance with its obligations under the Convention in law and practice.

The Committee requested the Government to fully comply with its reporting obligations and to provide information on the application of the Convention in law and practice and on the measures taken to implement these recommendations, in consultation with the social partners, to the Committee of Experts by 1 September 2025.

Chairperson – I invite the representative of the Government of Libya to take the floor.

Interpretation from Arabic: Government representative – We have taken due note of the conclusions as adopted and would reaffirm the following: Firstly, our country reaffirms its commitment to the respect of the ILO Conventions which it has duly ratified. Secondly, the Government will continue its efforts to fight trafficking in persons and all abuses and human rights violations in general, and in particular those affecting the rights of workers. We reject any insinuation of Government involvement or complicity in the violation of migrant workers’ rights. Thirdly, we reject the use of certain terms contained in the conclusions, such as slavery, and we reaffirm that our national laws reject such actions of slavery, bondage and servitude. Fourthly, we welcome the work of the Committee and would welcome any assistance from the ILO to strengthen our technical capacity. Fifthly, the Government will continue to make every effort to strengthen workers’ rights.

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government supplied the following information:

The Government considers that there is no contradiction between article 1 of Law No. 20 of 1962, article 6 of the Decree of 5 October 1955 and this Convention. The confinement provided for in section 1 of Law No. 20 of 1962 and the imprisonment provided for in section 6 of the Decree of 5 October 1955 do not combine with the obligation to work. In addition, even if labour was required during such confinement and imprisonment, it would be within the exception provided for in section 2, paragraph 2(c), of the Convention.

The Committee of Experts' statement that "... in both cases the persons concerned, who are merely suspected or accused, and detained by decision of judge, are obliged to work" is an incorrect interpretation of the provisions of the above-mentioned laws.

Section 71 of Law No. 40 of 1974 on service in the armed forces and section 108 of Law No. 55 of 1976 on resignations within the civil service, are contrary to the Convention. These provisions have been entrusted to the competent departments with a view to amending them.

In addition, a Government representative indicated that the blockade imposed on his country had made communication difficult with the ILO. The setting up of a new technical committee with responsibility for examining the observations of the Committee of Experts had been proposed by the Department of Vocational Training. Replies had been given to the comments of the Committee of Experts. With respect to the Convention, his Government believed that the comments on article 1 of Law No. 20 of 1962 were without foundation. This could be seen clearly in Article 2, paragraph 2(c), of the Convention, where there is an express exclusion of this type of work from the definition of forced or obligatory labour. The law of the Libyan Arab Jamahiriya was in every respect in keeping with the provisions of the Convention. The interpretation of the Committee of Experts, viz., that persons suspected or accused of certain offences were subjected to forced labour, was also incorrect. The limitations imposed on the freedom of public servants and members of the armed forces to leave their employment was, it should be noted, the object of a re-examination at the present time.

The Workers' members welcomed the explanations given by the Government representative, which were incidentally of interest in view of paragraph 150 of the General Report of the Committee of Experts. It was difficult to continue a dialogue with governments if they failed to submit their reports to the Committee of Experts within the time-limits laid down. The Government apparently saw no contradiction between article 1 of Law No. 20 of 1962 and the Convention. The Committee of Experts was of a different opinion and undoubtedly had a reason for its opinion. When a government held an opinion different from that of the Committee of Experts, the Workers' members tended rather to side with the Committee of Experts, made up as it was of eminent legal experts. Only a detailed report by the Government would permit a definite opinion to be given. With respect to restrictions on the freedom of workers to leave their employment there was disquieting news concerning the position of Sri Lankan women employed in the Libyan Arab Jamahiriya. The Government was requested to submit detailed information on this matter. The Workers' members emphasised the necessity to submit reports on the application of ratified Conventions in order to permit a genuine dialogue within the Conference Committee.

The Employers agreed with the Workers' members. The first point concerned forced labour, which could be imposed on the basis of suspicion or accusation of certain offences; this was clearly in violation of the Convention. On this point they requested the Government representative to report to his Government that the Conference Committee shared the opinion of the Committee of Experts. On the second point concerning the possibility of leaving employment, if such a possibility were not envisaged this would be a violation of the Convention. It followed from the Government's written reply that it shared this opinion, inasmuch as an alteration of existing provisions had been envisaged. The Government could be invited to bring about this modification as soon as possible.

The Government representative informed the Workers' members that the new technical committee (the only one qualified to deal with these matters) would be informed of the question of bringing the Libyan law into line with the Convention. Even though the observations of the Committee of Experts might be relevant, there was no contradiction between the aforesaid provisions and the Convention. With respect to civil servants' freedom to resign, the matter had been referred to the competent authorities. With regard to the disquiet expressed by the Workers' members concerning the Sri Lankan women employed in the Libyan Arab Jamahirya, he had no information on the subject.

The Committee took note of the written and oral information submitted by the Government. It understood that the Government hoped that it was not in contradiction with the Convention. In view of the fact that the Government did not send a full report on the ratified Conventions in due time, the Committee felt it was not in a position to agree with the Government's viewpoint. As the subject-matter was of a very serious nature, the Committee urged the Government to reconsider its position so as to amend the legislation in the sense suggested by the Committee of Experts. The Committee hoped that the Government would submit to the ILO a report containing full particulars at its earliest convenience.

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes that the Government’ report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Following its previous comments, the Committee notes that section 71 of Act No. 40 of 1974 regarding service in the armed forces, has been amended by Act No. 7 of 2007, and now provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee takes due note of this amendment and requests the Government to provide information on the application in practice of section 71, indicating the number of resignations submitted, the number of those requests that were accepted or rejected, as well as the grounds for the rejections.

2. Freedom of domestic workers to leave their employment. Following its previous comments, the Committee notes the Government’s indication that it will take measures to formulate sections in the new draft labour law to cover domestic workers, as is the case in Law No. 12 on Labour Relations, 2010. This will ensure that domestic workers continue to enjoy the same rights as other workers, including as regards employment contracts, social security and the right to join a trade union. The Committee once again expresses the hope that the new draft labour law will apply to domestic workers and requests the Government to provide information on the progress made in this regard.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the discussion that was held by the Committee on the Application of Standards (Conference Committee) at the 113th Session of the International Labour Conference (June 2025), regarding the application of the Convention by Libya.

The Committee takes note of the observations of the International Organisation of Employers (IOE), received on 1 September 2025. It notes that the IOE expresses the hope that progress will be made in the application of the Convention, in line with the Conference Committee’s conclusions and in close consultations with the most representative employers’ organization in Libya. The Committee further notes the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025.

F ollow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, May–June 2025)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrants to conditions of forced labour, including trafficking. The Committee notes that both the Committee in its previous comments and the Conference Committee, while noting the prevailing situation in the country, expressed deep concern regarding the situation of migrants workers who are forced to work under extremely harsh conditions and experience ill treatment, including torture, death, enslavement, and sexual exploitation with the complicity of the Government. The Conference Committee recalled the importance of ensuring that all victims have access to protection, assistance and effective remedies, including voluntary repatriation and reintegration where appropriate.

The Committee notes the Government’s indication in its report that irregular migrants and victims of trafficking and smuggling are provided with access to shelters. Field visits have been conducted by members of the Public Prosecution to shelters to undertake a comprehensive evaluation of humanitarian conditions, medical care, and shelter standards. Moreover, cooperation has been activated with international organizations, foremost the IOM and the United Nations Office on Drugs and Crime (UNODC), to provide technical and logistical support, develop National Referral Mechanisms and deliver legal, medical, and psychological services to trafficked and smuggled migrants. The Government further indicates that, in coordination with the IOM, the return of 25,000 irregular migrants in 2024 and 18,000 in 2025 to their countries of origin was facilitated. It also reports that, in 444 cases, they were transferred to third countries under international resettlement programmes, following an assessment of their legal and humanitarian status. In addition, 902 persons in situations of vulnerability, including women and children, were evacuated to safe centres outside the country.

As regards detention centres, the Committee takes due note of the Government’s confirmation that several detention centres, where it was established that humanitarian standards had been violated, have been closed, including the premises at Ghawt al-Shaal, Bi’r al-Ghanam, Al-Nasr al-Zawiyah, Al-Assah and Tariq al-Matar. The Government also confirms the dismantling of the Directorate for Combating Irregular Migration, in May 2025, in response to abuses committed in some shelters under the authority of the Directorate (Decision No. 227 of 2025).

The Government also recalls the persistent political and security instability in the country, emphasizing that its position as a transit country on Europe’s southern border presents complex challenges for the implementation of public policies. International organized trafficking networks exploit this geographic position to facilitate irregular migration, thereby placing a disproportionate burden on national authorities. The Government states that addressing this situation requires enhanced international cooperation based on the principles of shared responsibility, respect for national sovereignty, and the provision of technical and logistical support to strengthen national capacities.

The Committee notes that, in its observations, the ITUC expressed serious concern over the persistent violations regarding the treatment of migrant workers in the country and deplored the situation of migrants being intercepted, arbitrarily detained, enslaved in state-run detention centres, with women and girls subjected to rape and sexual slavery, as well as the collusion between state actors and traffickers and the total absence of justice and redress. The ITUC urged the Government to take concrete action to combat the exploitation of migrant workers, particularly at the hands of state officials, and promote safe and decent working conditions for all migrants.

The Committee also observes that, according to the UN Secretary-General Report on the United Nations Support to Libya, of 8 August 2025, the number of refugees and migrants in Libya exceeded 858,000, as of February 2025. A considerable number of migrants and refugees were intercepted while crossing the Mediterranean, or the Libya-Tunisia/Algeria borders. Those intercepted were transferred to facilities where they were reportedly arbitrarily detained and subjected to human rights violations. The Report also points out that the dissolution of the Directorate for Combating Illegal Migration led to the closure of all official detention centres in Tripoli and the release of detainees, except from the Tajura detention centre, which remains operational. Armed groups, however, reportedly continued to operate at least six unofficial detention centres, holding over 3,000 individuals in inhumane conditions. Serious human rights violations, including torture, sexual violence, enforced disappearance, extrajudicial killings and forced labour, have been reported at those unofficial detention centres (S/2025/509).

The Committee deplores the situation of migrants who continue to be intercepted, arbitrarily detained and subjected to forced labour practices. Whileacknowledging that the country faces a number of complex political, institutional and security challenges, the Committee urges the Government to take effective and urgent measures to put an end to the arbitrary detention and exploitation of migrants and to prevent them from being subjected to forced labour and trafficking in persons. The Committee urges the Government to intensify its efforts to provide migrants, particularly those who are victims of abusive practices amounting to forced labour, with adequate legal protection and assistance, including access to justice, as well as to ensure their voluntary repatriation and reintegration.

Legal and institutional framework on trafficking. The Committee observes that the Conference Committee urged the Government to take, in consultation with the social partners, effective and time-bound measures to provide migrant workers with adequate legal protection, including by ensuring the adoption of the Bill on combating trafficking in persons shortly. The Committee notes the Government’s information that the Bill on combating trafficking in persons has not yet been adopted by the House of Representatives because it had been reviewed by the Centre for Criminal Research and Training, an entity within the Attorney General’s Office, with a view to aligning it with international standards. The Government indicates that, nevertheless, the national legislation addresses trafficking in persons from multiple angles : the Penal Code, which criminalizes slavery, servitude and the trafficking of women for sexual purposes (sections 418–428); Act No. 19 of 2010 on Combating Illegal Migration which criminalizes smuggling (sections 4 and 10); and Act No. 5 of 27 September 2022 on Combating Cybercrime which criminalizes the online dissemination of information for the purpose of facilitating or engaging in human trafficking. The Government also refers to the development of the National Strategy to combat trafficking in persons, as well as to the establishment of the Supreme Committee on Illegal Migration and Borders which is entrusted with the development of a consolidated database on migrant workers.

The Committee recalls that while the Penal Code criminalizes trafficking of girls/women for sexual exploitation in an international context, the legislation does not include provisions covering trafficking in persons (both men and women) for labour exploitation not the internal trafficking of persons for sexual exploitation. Considering the national context, the Committee also stresses the urgent need to adopt a policy framework to combat trafficking in persons with a view to develop systematic and coordinated action to prevent and combat this phenomenon and protect the victims.

The Committee strongly urges the Government to take the necessary measures to strengthen its legal and policy framework to effectively combat trafficking in persons and calls upon the Government to adopt, as a matter of urgency : (i) the Bill on combating trafficking in persons so as to ensure that trafficking for labour and sexual exploitation is fully criminalized; (ii) a national strategy to combat trafficking to ensure coordinated action encompassing prevention, prosecution, protection of victims and their compensation; and (iii) a comprehensive policy to regulate labour migration and ensure the protection and inclusion of migrant workers.

Article 25. Prosecution and application of penal sanctions. The Committee notes the Government’s indication that measures have been taken to strengthen oversight. New labour inspectors have been recruited, particularly in regions with a high concentration of workers, and inspectors have been instructed to focus their efforts on high-risk sectors, such as construction, agriculture, and workplaces employing migrant workers. Inspectors benefited from training sessions organized in cooperation with the ILO on topics such as combating forced labour, conducting inspections in high-risk sectors, and investigating compliance with occupational safety and health standards. A field mapping system is being developed to identify priority areas for inspection. Furthermore, coordination mechanisms are being established between the labour inspection authority and the Public Prosecution Authority to ensure the prompt referral and prosecution of cases involving forced labour and trafficking in persons. The Government also states that : (i) the Office of the Attorney General’s Criminal Research and Training Centre has conducted several workshops activities; (ii) in the framework of the National Initiative to Combat Human Trafficking launched in July 2024, the Public Prosecution Authority held six round table discussions; (iii) prosecutors received training on victim identification; and (iv) investigative mechanisms and coordination with international organizations were strengthened and cross-border and judicial cooperation tools were implemented.

In addition, the Government indicates that the Public Prosecution has recorded an increasing number of criminal cases related to smuggling and trafficking of migrants in various regions, involving migrants from Ethiopia, Eritrea, Sudan, Nigeria, Syrian Arab Republic, Pakistan, Bangladesh and Mali, reflecting the international dimension of certain criminal networks. A total of 38 individuals were referred to the Public Prosecution on charges related to trafficking in persons. In addition, 513 electronic platforms promoting irregular migration were shut down, and 13 criminal groups involved in human smuggling and trafficking were dismantled, involving 1,677 victims. In response to the Committee’s comments on the need for thorough investigations and prosecution of perpetrators, including complicit officials and members of the armed groups, the Government affirms that the criminal justice system applies equally to all individuals, irrespective of their status or official position.

While taking due note of this information, the Committee observes that the Government has not provided information on the outcome of the cases referred to the Public Prosecutor, nor on the sanctions imposed on perpetrators. The Committee recalls that, by virtue of Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, and the penalties imposed by law shall be really adequate and strictly enforced.

The Committee urges the Government to intensify its efforts to : (i) strengthen the capacity of law enforcement bodies, in particular the police and the labour inspectorate, to better identify cases of trafficking in persons for both labour and sexual exploitation, as well as cases of exploitation of migrants amounting to forced labour, including in detention centres; (ii) ensure that all identified cases are subject to full and thorough investigations with a view to initiating prosecutions, and hold all perpetrators accountable (including in cases involving the complicity of state officials or members of armed groups) and sanction them with sufficiently dissuasive penalties. The Committee requests the Government to report on the number of investigations and prosecutions initiated, as well as the number of convictions handed down, and penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Following its previous comments, the Committee notes that section 71 of Act No. 40 of 1974 regarding service in the armed forces, has been amended by Act No. 7 of 2007, and now provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee takes due note of this amendment and requests the Government to provide information on the application in practice of section 71, indicating the number of resignations submitted, the number of those requests that were accepted or rejected, as well as the grounds for the rejections.

2. Freedom of domestic workers to leave their employment. Following its previous comments, the Committee notes the Government’s indication that it will take measures to formulate sections in the new draft labour law to cover domestic workers, as is the case in Law No. 12 on Labour Relations, 2010. This will ensure that domestic workers continue to enjoy the same rights as other workers, including as regards employment contracts, social security and the right to join a trade union. The Committee once again expresses the hope that the new draft labour law will apply to domestic workers and requests the Government to provide information on the progress made in this regard.

3. Vulnerable situation of migrant workers. According to a 2022 ILO report on labour market access for migrants in Libya, migrants, who continue to be attracted in large numbers to Libya, frequently engage in low-skilled and unstable forms of economic activities and benefit from little to no protection. The findings of the report emphasize the important role of informal labour intermediation in migrants’ access to the labour market in Libya – which includes the payment of recruitment fees for more than a fifth of the migrants interviewed – and indicate that unregulated labour intermediation can lead to human rights violations by intermediaries, such as human trafficking and compulsory labour. Moreover, interviewed migrants were found to work long hours with minimum to no days of rest, and work arrangements were found to often be informal, not involving documented contracts. This, according to the report, exacerbates migrants’ work vulnerability and increases the risk of abuses at the workplace going unnoticed and unreported.

The Committee observes, from the report of the Secretary-General of 8 August 2024 on the United Nations Support Mission in Libya (UNSMIL) (S/2024/598), that Libya remains a country of destination and transit for migrants and refugees. Referring to statistics from the International Organization for Migration, the report reveals that the number of migrants in Libya stood at 725,304 as at May 2024.

The Committee requests the Government to provide information on the measures taken or envisaged to protect migrant workers from abusive practices and conditions that could amount to forced labour, including on awareness-raising activities to inform them on their labour rights, mechanisms to assert their rights and the monitoring of placement agencies and intermediaries. Please also provide information on any reported complaints or cases brought against employers or intermediaries by migrant workers for the violation of their labour rights, as well as on any reported cases concerning situations that could amount to forced labour.

[The Government is asked to reply in full to the present comments in 2025.]

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons, and arbitrary detention leading to the forced labour of migrants. Following its previous comments, the Committee notes the Government’s information, in its report, that the draft Law on combating human trafficking has been prepared. The Committee observes with regret, however, that the Government provides no information on any measures taken to protect migrant workers from forced labour, including trafficking in persons.

The Committee notes that the United Nations Independent Fact-Finding Mission on Libya, in its final report of 3 March 2023, expressed deep concern over the country’s deteriorating human rights situation and found reasonable grounds to believe that, since 2016, migrants across Libya are victims of enslavement and sexual violence committed in connection with their arbitrary detention, including in cases of alleged trafficking and deprivation of liberty for ransom in connection with smuggling and trafficking. The Fact-Finding Mission found reasonable grounds to believe that migrants were enslaved in detention centres of the Directorate for Combating Illegal Migration – the official body under the Ministry of the Interior responsible for migrant detention centres across Libya – in Abu Salim, Zawiyah and Mabani, as well as in places of detention in al-Shwarif, Bani Walid, Sabratah, Zuwarah and Sabha, and that sexual slavery was committed in the trafficking hubs of Sabratah and Bani Walid. The report of the Fact-Finding Mission further reveals that the ongoing, systematic and widespread character of the documented crimes strongly suggests that personnel and officials of state institutions – more particularly the Directorate for Combating Illegal Migration, the Libyan Coast Guard and the Stability Support Apparatus (established in January 2021 by the Presidential Council and made up of an alliance of armed groups) – are not only implicated at all levels, but have colluded with traffickers and smugglers, who are reportedly connected to militia groups, in the context of the interception and deprivation of liberty of migrants. Among other things, trafficking, enslavement, forced labour and imprisonment have generated significant revenue for individuals, groups and state institutions (A/HRC/52/83).

Moreover, according to the May 2023 Report of the United Nations Special Rapporteur on violence against women and girls, its causes and consequences, the climate of impunity for rape and other sexual violence against migrant and refugee women and girls, coupled with the lack of female guards or safeguards, including regular independent unannounced monitoring or compliance mechanisms, create an environment in which women and girls in detention are vulnerable to sexual violence and exploitation. They have no recourse to justice or redress and are subjected to systematic and large-scale violations of their fundamental human rights at the hands of armed groups, smugglers and traffickers, individuals and institutions affiliated with the State and within the community. Such violations include abduction for ransom, sexual exploitation, forced prostitution, trafficking in persons, forced labour and exploitation. Impunity for these acts continues to be rampant (A/HRC/53/36/Add.2).

Similarly, according to the report of the Secretary-General of 8 August 2024 on the United Nations Support Mission in Libya (UNSMIL), human rights violations against migrants and refugees, in particular those in detention, continued to occur, UNSMIL having received reports of migrants and asylum-seekers being arbitrarily arrested and detained in abhorrent conditions in Bi’r al-Ghanam, with guards engaging in persistent patterns of abuse, exploitation, forced labour, extortion, torture and other forms of ill-treatment, and of serious human rights abuses against migrants and refugees arbitrarily detained in a facility used for human trafficking near Sabha. The Secretary-General urged the Libyan authorities to adopt a comprehensive legal and policy framework on migration that prioritizes the human rights, dignity and well-being of migrants, refugees and asylum seekers, and addresses the issues of decriminalization of irregular entry, exit and stay, non-custodial measures as alternatives to detention and increased protection from arbitrary detention, forced labour, slavery and trafficking in persons (S/2024/598).

The Committee deplores the situation of migrants who are intercepted, arbitrarily detained and subjected to forced labour practices, including trafficking and sexual slavery, which continues to be of serious concern. Furthermore, the Committee is deeply concerned about the reports of complicity by the Libyan authorities. It considers that this constitutes a gross violation of the Convention, since the victims are forced to perform work for which they have not offered themselves voluntarily, under extremely harsh conditions, combined with ill-treatment which may include torture and death, as well as sexual exploitation.

While the Committee notes the complex institutional, political and security situation prevailing in the country, it urges the Government to take urgent and systematic action, commensurate in scope to the gravity of the problem, to combat and end the arbitrary detention and exploitation of migrants and prevent them from being subjected to forced labour, trafficking in persons and sexual exploitation. It further requests the Government to take immediate measures for the protection and assistance of victims, including through voluntary repatriation and reintegration.

Recalling that Article 25 of the Convention provides that the imposition of forced labour shall be punishable by penalties that are strictly enforced, the Committee requests the Government to take the necessary measures to ensure that in-depth investigations are undertaken, alleged perpetrators are prosecuted, including complicit state officials and members of armed groups, and sufficiently dissuasive sanctions imposed on those who exact any form of forced labour. It requests the Government to provide information on the progress made in this regard and the results achieved.

Lastly, the Committee requests the Government to provide information on the measures taken to combat trafficking in persons and protect the victims. It urges the Government to ensure that the Bill on combating trafficking in persons is adopted shortly and requests the Government to provide a copy.

In light of the situation described above, the Committee deplores the grave and systematic human rights violations against migrants and refugees in Libya, who are arbitrarily detained in centres managed by both official and unofficial entities and where they are subjected to enslavement, forced labour and sexual slavery, with near-total impunity for the perpetrators. The Committee also expresses deep concern about the reports of complicity and active collusion by Libyan authorities with traffickers and militia groups, who are exploiting and profiting from these abuses. The Committee therefore considers that this case meets the criteria set out in paragraph 90 of its General Report to be asked to come before the Conference.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 113th Session and to reply in full to the present comments in 2025.]

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. In its earlier comments, the Committee pointed out the incompatibility with the Convention of certain provisions restricting the freedom of members of the armed forces to leave their employment, particularly section 71 of Act No. 40 of 1974 regarding service in the armed forces. The Committee notes the Government’s indication in its report that section 71 of Act No. 40 of 1974 regarding service in the armed forces has been amended by Act No. 7 of 2007, and that section 1 provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee notes however that a copy of Act No. 7 of 2007 to which the Government refers has not been attached to the report.The Committee requests the Government to provide information on the conditions of resignation of military personnel, indicating the criteria applied in accepting or rejecting a resignation. The Committee once again requests the Government to supply, with its next report, a copy of the text of Act No. 7 of 2007 regarding service in the armed forces.

2. Freedom of civil servants to leave their service. Referring to its previous comments and to section 173 of the Labour Relations Law No. 12 of 2010, the Committee requested the Government to provide information on the conditions of resignation of civil servants. The Committee also referred to the draft Labour Law of 2013 which does not cover state employees. The Committee requested the Government to indicate whether a specific text regulating the status of this category of persons would be adopted. The Committee notes the absence of information on this point.The Committee therefore once again requests the Government to provide information on the conditions of resignation of civil servants, as well as state employees. It also requests the Government to provide a copy of the draft Labour Law, once adopted.

3. Freedom of domestic workers to leave their employment. In its previous comments, the Committee noted that the Labour Relations Law of 2010 includes domestic workers under Chapter III, from sections 85 to 100. Domestic workers therefore enjoy the same rights as other workers, such as social protection, employment contracts, social security, the right to join a trade union, age of admission to employment, maternity protection and other rights and benefits. The Committee noted however that the draft Labour Law of 2013 excludes domestic workers from its scope, stipulating that they are subject to a special legislation (section 2(2)). The Committee notes an absence of information on this point.The Committee once again expresses the firm hope that the draft Labour Law of 2013 will apply to domestic workers, as is the case of the Labour Relations Law of 2010, so that they enjoy the same rights as other workers.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Situations of forced labour arising from the armed conflict. Trafficking of migrant workers. The Committee previously noted the various reports from several United Nations (UN) bodies concerning the grave crisis faced by the country. It noted in particular the report on the investigation by the Office of the UN High Commissioner for Human Rights on Libya of 15 February 2016, which indicated that migrants have been arbitrarily detained or deprived of their liberty, frequently in inhumane conditions, and subjected to financial exploitation and forced labour. In this regard, the UN High Commissioner for Human Rights recommended that the Government address urgently the situation of migrants and take effective action to combat human trafficking (A/HRC/31/47, paragraphs 61 and 83(j)). The Committee also noted the UN Security Council Resolution 2240 of October 2015, which condemned all acts of migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya, which undermined further the process of stabilization of Libya and endangered the lives of thousands of people (S/RES/2240 (2015)).

The Committee notes the Government’s indication in its report that the legal framework that ensures the prosecution of perpetrators of trafficking in persons, includes the Penal Code and the Criminal Procedure Act. In addition, a Bill on combating trafficking in persons is being drafted. The Government also refers to the future establishment of an Anti-Trafficking Committee that will be in charge of drafting a national action plan to combat trafficking.

The Committee observes that according to the Report of the United Nations Support Mission in Libya (UNSMIL), Libya is a destination and transit country for migrants. Many suffer human rights violations and abuses in the course of their journeys. After interception by armed men believed to be from the Libyan Coast Guard, migrants are taken to detention centres or private houses and farms where they are subjected to arbitrary detention, sexual exploitation and forced labour. They are forced to work in farms, as well as in construction and as domestic workers, road-paving workers and rubbish collectors (Detained and Dehumanised: Report on Human Rights Abuses against Migrants in Libya, 13 September 2016, UN Support Mission in Libya Office of the UN High Commissioner for Human Rights, pages 1 and 18). Moreover, the Committee notes that in its resolution 2388 of 2017, the UN Security Council expressed concern that the situation in Libya is exacerbated by the smuggling of migrants and human trafficking into, through and from the Libyan territory, which could provide support to other organized crime and terrorist networks in Libya (S/RES/2388). The Committee must express its deep concern at the situation of migrant workers in Libya who are subjected to forced labour practices, including trafficking in persons.While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to prevent, suppress and combat trafficking in persons. The Committee requests the Government to take the necessary measures to ensure that migrant workers who are subjected to forced labour are fully protected from abusive practices. The Committee also recalls the importance of imposing appropriate criminal penalties on perpetrators so that recourse to trafficking or forced labour does not go unpunished. In this regard, the Committee requests the Government to take the necessary measures to ensure that perpetrators are prosecuted and that sufficiently effective and dissuasive criminal penalties are imposed in practice. Lastly, the Committee hopes that the Bill on combating trafficking in persons will be adopted soon and that the Government will provide a copy, once adopted.

The Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments made in 2015.

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. In its earlier comments, the Committee pointed out the incompatibility with the Convention of certain provisions restricting the freedom of members of the armed forces to leave their employment, particularly section 71 of Act No. 40 of 1974 regarding service in the armed forces.

The Committee notes the Government’s indication in its report that section 71 of Act No. 40 of 1974 regarding service in the armed forces has been amended by Act No. 7 of 2007, and that section 1 provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee notes however that a copy of Act No. 7 of 2007 to which the Government refers has not been attached to the report. The Committee requests the Government to provide information on the conditions of resignation of military personnel, indicating the criteria applied in accepting or rejecting a resignation. The Committee once again requests the Government to supply, with its next report, a copy of the text of Act No. 7 of 2007 regarding service in the armed forces.

2. Freedom of civil servants to leave their service. Referring to its previous comments and to section 173 of the Labour Relations Law No. 12 of 2010, the Committee requested the Government to provide information on the conditions of resignation of civil servants. The Committee also referred to the draft Labour Law of 2013 which does not cover state employees. The Committee requested the Government to indicate whether a specific text regulating the status of this category of persons would be adopted. The Committee notes the absence of information on this point. The Committee therefore once again requests the Government to provide information on the conditions of resignation of civil servants, as well as state employees. It also requests the Government to provide a copy of the draft Labour Law, once adopted.

3. Freedom of domestic workers to leave their employment. In its previous comments, the Committee noted that the Labour Relations Law of 2010 includes domestic workers under Chapter III, from sections 85 to 100. Domestic workers therefore enjoy the same rights as other workers, such as social protection, employment contracts, social security, the right to join a trade union, age of admission to employment, maternity protection and other rights and benefits. The Committee noted however that the draft Labour Law of 2013 excludes domestic workers from its scope, stipulating that they are subject to a special legislation (section 2(2)). The Committee notes an absence of information on this point. The Committee once again expresses the firm hope that the draft Labour Law of 2013 will apply to domestic workers, as is the case of the Labour Relations Law of 2010, so that they enjoy the same rights as other workers.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Situations of forced labour arising from the armed conflict. Trafficking of migrant workers. The Committee previously noted the various reports from several United Nations (UN) bodies concerning the grave crisis faced by the country. It noted in particular the report on the investigation by the Office of the UN High Commissioner for Human Rights on Libya of 15 February 2016, which indicated that migrants have been arbitrarily detained or deprived of their liberty, frequently in inhumane conditions, and subjected to financial exploitation and forced labour. In this regard, the UN High Commissioner for Human Rights recommended that the Government address urgently the situation of migrants and take effective action to combat human trafficking (A/HRC/31/47, paragraphs 61 and 83(j)). The Committee also noted the UN Security Council Resolution 2240 of October 2015, which condemned all acts of migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya, which undermined further the process of stabilization of Libya and endangered the lives of thousands of people (S/RES/2240 (2015)).

The Committee notes the Government’s indication in its report that the legal framework that ensures the prosecution of perpetrators of trafficking in persons, includes the Penal Code and the Criminal Procedure Act. In addition, a Bill on combating trafficking in persons is being drafted. The Government also refers to the future establishment of an Anti-Trafficking Committee that will be in charge of drafting a national action plan to combat trafficking.

The Committee observes that according to the Report of the United Nations Support Mission in Libya (UNSMIL), Libya is a destination and transit country for migrants. Many suffer human rights violations and abuses in the course of their journeys. After interception by armed men believed to be from the Libyan Coast Guard, migrants are taken to detention centres or private houses and farms where they are subjected to arbitrary detention, sexual exploitation and forced labour. They are forced to work in farms, as well as in construction and as domestic workers, road-paving workers and rubbish collectors (Detained and Dehumanised: Report on Human Rights Abuses against Migrants in Libya, 13 September 2016, UN Support Mission in Libya Office of the UN High Commissioner for Human Rights, pages 1 and 18). Moreover, the Committee notes that in its resolution 2388 of 2017, the UN Security Council expressed concern that the situation in Libya is exacerbated by the smuggling of migrants and human trafficking into, through and from the Libyan territory, which could provide support to other organized crime and terrorist networks in Libya (S/RES/2388). The Committee must express its deep concern at the situation of migrant workers in Libya who are subjected to forced labour practices, including trafficking in persons. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to prevent, suppress and combat trafficking in persons. The Committee requests the Government to take the necessary measures to ensure that migrant workers who are subjected to forced labour are fully protected from abusive practices. The Committee also recalls the importance of imposing appropriate criminal penalties on perpetrators so that recourse to trafficking or forced labour does not go unpunished. In this regard, the Committee requests the Government to take the necessary measures to ensure that perpetrators are prosecuted and that sufficiently effective and dissuasive criminal penalties are imposed in practice. Lastly, the Committee hopes that the Bill on combating trafficking in persons will be adopted soon and that the Government will provide a copy, once adopted.

The Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. In its earlier comments, the Committee pointed out the incompatibility with the Convention of certain provisions restricting the freedom of members of the armed forces to leave their employment, particularly section 71 of Act No. 40 of 1974 regarding service in the armed forces.

The Committee notes the Government’s indication in its report that section 71 of Act No. 40 of 1974 regarding service in the armed forces has been amended by Act No. 7 of 2007, and that section 1 provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee notes however that a copy of Act No. 7 of 2007 to which the Government refers has not been attached to the report. The Committee requests the Government to provide information on the conditions of resignation of military personnel, indicating the criteria applied in accepting or rejecting a resignation. The Committee once again requests the Government to supply, with its next report, a copy of the text of Act No. 7 of 2007 regarding service in the armed forces.

2. Freedom of civil servants to leave their service. Referring to its previous comments and to section 173 of the Labour Relations Law No. 12 of 2010, the Committee requested the Government to provide information on the conditions of resignation of civil servants. The Committee also referred to the draft Labour Law of 2013 which does not cover state employees. The Committee requested the Government to indicate whether a specific text regulating the status of this category of persons would be adopted. The Committee notes the absence of information on this point. The Committee therefore once again requests the Government to provide information on the conditions of resignation of civil servants, as well as state employees. It also requests the Government to provide a copy of the draft Labour Law, once adopted.

3. Freedom of domestic workers to leave their employment. In its previous comments, the Committee noted that the Labour Relations Law of 2010 includes domestic workers under Chapter III, from sections 85 to 100. Domestic workers therefore enjoy the same rights as other workers, such as social protection, employment contracts, social security, the right to join a trade union, age of admission to employment, maternity protection and other rights and benefits. The Committee noted however that the draft Labour Law of 2013 excludes domestic workers from its scope, stipulating that they are subject to a special legislation (section 2(2)). The Committee notes an absence of information on this point. The Committee once again expresses the firm hope that the draft Labour Law of 2013 will apply to domestic workers, as is the case of the Labour Relations Law of 2010, so that they enjoy the same rights as other workers.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1), 2(1) and 25 of the Convention. Situations of forced labour arising from the armed conflict. Trafficking of migrant workers. The Committee notes the various reports from several United Nations (UN) bodies concerning the grave crisis facing the country. It notes in particular the report on the investigation by the Office of the United Nations High Commissioner for Human Rights on Libya of 15 February 2016, which indicates that migrants have been arbitrarily detained or deprived of their liberty, frequently in inhumane conditions, and subjected to financial exploitation and forced labour. In this regard, the High Commissioner recommends that the Government address urgently the situation of migrants and take effective action to combat human trafficking (A/HRC/31/47, paragraphs 61 and 83(j)). The Committee also notes the UN Security Council Resolution 2240 of October 2015, which condemns all acts of migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya, which undermine further the process of stabilization of Libya and endanger the lives of thousands of people (S/RES/2240 (2015)).

While acknowledging the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Committee urges the Government to take the necessary measures to prevent, suppress and combat trafficking in persons. The Committee trusts that the Government will take the necessary measures to ensure that migrant workers who are subjected to forced labour are fully protected from abusive practices. The Committee also recalls the importance of imposing appropriate criminal penalties on perpetrators so that recourse to trafficking or forced labour does not go unpunished. In this regard, the Committee requests the Government to take the necessary measures to ensure that perpetrators are prosecuted and that sufficiently effective and dissuasive criminal penalties are imposed in practice.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. In its earlier comments, the Committee pointed out the incompatibility with the Convention of certain provisions restricting the freedom of public servants and members of the armed forces to leave their employment, particularly section 71 of Act No. 40 of 1974 regarding service in the armed forces, and section 108 of Act No. 55 of 1976 regarding the public service. The Committee noted the Government’s indication that section 71 of Act No. 40 of 1974 regarding service in the armed forces had been amended by Act No. 7 of 2007, and the new text of this section provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee requested the Government to supply a copy of the full updated text of this Act. Noting the absence of information on this issue, the Committee once again requests the Government to supply, with its next report, a copy of the full updated text of Act No. 40 of 1974 regarding service in the armed forces.

2. Freedom of civil servants to leave their service. The Committee notes the Government’s indication in its report of 2010 that section 173 of Labour Relations Law No. 12 of 2010 provides that an employee may submit his resignation in writing, and the administrative unit shall take a decision on the matter within 60 days of the submission, provided that it is deemed to be acceptable. However, if the resignation is subject to a condition or a restriction, the employee’s service may end only when a favourable response is given to the application. The Committee requests the Government to describe the nature of the conditions or restrictions to which resignation may be linked, so that it may ascertain whether they are consistent with the Convention.

Moreover, the Committee notes that in the most recent draft Labour Law of 2013, state employees are not covered under the Labour Law, but under a specific text or agreement (section 2(3)). The Committee requests the Government to indicate whether a specific text regulating the status of this category of persons will be adopted, and to supply a copy in its next report, as well as a copy of the draft Labour Law of 2013, once adopted.

3. Freedom of domestic workers to leave their employment. In its earlier comments, the Committee noted the Government’s indication, with regard to the regulations applicable to domestic workers pursuant to section 1(b) of the Labour Code No. 58 of 1970, that this clause was to be amended by the draft Labour Relations Law. It requested the Government to ensure that the Labour Relations Law applies to domestic workers.

The Committee notes with interest that the Labour Relations Law of 2010 includes this category of workers under chapter III, from sections 85 to 100. Domestic workers therefore enjoy the same rights as other workers, such as social protection, employment contracts, social security, the right to join a trade union, age of admission to employment, maternity protection and other rights and benefits.

However, the Committee notes that the most recent draft Labour Law of 2013 excludes domestic workers from its scope, stipulating that they are subject to a special legislation (section 2(2)). The Committee points out the importance of taking effective action to ensure that the system of employment of domestic workers, does not place the workers concerned in a situation of increased vulnerability, particularly when they are excluded from the protection of the Labour Law. The Committee therefore expresses the firm hope that the draft Labour Law of 2013 will apply to domestic workers, as is the case of the Labour Relations Law of 2010, so that they enjoy the same rights as other workers.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention.
1. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee referred to certain provisions restricting the freedom of public servants and members of the armed forces to leave their employment (section 71 of Act No. 40 of 1974 regarding service in the armed forces; section 108 of Act No. 55 of 1976 regarding public service). The Committee pointed out that such provisions are incompatible with the Convention.

The Committee notes from the Government’s report that section 71 of Act No. 40 of 1974 regarding service in the armed forces has been amended by Act No. 7 of 2007, and the new text of this section provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee requests the Government to supply, with its next report, a copy of the full updated text of Act No. 40 of 1974 regarding service in the armed forces.

As regards the public service, the Committee recalls that, in its earlier comments, it noted the Government’s indication that a Bill entitled “Public Service Code” would be transmitted to the General People’s Congress with a view to its consideration and promulgation. Section 91(1) of the Bill provided that an employee may resign by applying in writing and that the competent authority must accept the application within 60 days of its submission. However, the Committee noted that paragraph 2 of the same clause stipulated that, if the resignation is linked to a condition or restriction, the employee’s service may end only when a favourable response is given to the application, otherwise the resignation will be cancelled 30 days after its submission; during that period, the resignation may be accepted with a deferment (section 91(3) of the Bill). The Committee asked the Government to describe the nature of the conditions or restrictions to which resignation may be linked, so that the Committee could ascertain whether they are consistent with the Convention.

The Committee notes that the Government’s report contains no information on this issue and hopes that such information will be provided in its next report. Noting also the Government’s confirmation in the report that the Bill includes a provision authorizing public servants to resign without any prior conditions, the Committee reiterates its firm hope that the abovementioned “Public Service Code” will be so drafted as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. The Committee hopes that the Government will keep the ILO informed about the progress made in the adoption of the Bill and will supply a copy of the “Public Service Code”, as soon as it is promulgated.

2. Freedom of domestic workers to leave their employment. In its earlier comments, the Committee noted the Government’s indication, with regard to the regulations applying to domestic workers pursuant to section 1(b) of the Labour Code, that this clause was to be amended by the new draft Labour and Employment Code, which had to be submitted to the General People’s Congress with a view to its promulgation. The Government stated that, according to section 3 of the draft, the Code should apply to all the parties involved in work, including all domestic workers.

Since the Government’s report contains no new information on this issue, the Committee understands that the draft Labour and Employment Code has not yet been promulgated and hopes that the Government would provide a copy of the new Code, as soon as it is adopted.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee referred to certain provisions restricting the freedom of public servants and members of the armed forces to leave their employment (section 71 of Act No. 40 of 1974 regarding service in the armed forces; section 108 of Act No. 55 of 1976 regarding public service). The Committee pointed out that such provisions are incompatible with the Convention.

The Committee notes with interest from the Government’s report that section 71 of Act No. 40 of 1974 regarding service in the armed forces has been amended by Act No. 7 of 2007, and the new text of this section provides that the resignation of members of the armed forces shall be accepted without any financial implications for them, before they have completed the legal period provided for in the contract. The Committee requests the Government to supply, with its next report, a copy of the full updated text of Act No. 40 of 1974 regarding service in the armed forces.

As regards the public service, the Committee recalls that, in its earlier comments, it noted the Government’s indication that a Bill entitled “Public Service Code” would be transmitted to the General People’s Congress with a view to its consideration and promulgation. Section 91(1) of the Bill provided that an employee may resign by applying in writing and that the competent authority must accept the application within 60 days of its submission. However, the Committee noted that paragraph 2 of the same clause stipulated that, if the resignation is linked to a condition or restriction, the employee’s service may end only when a favourable response is given to the application, otherwise the resignation will be cancelled 30 days after its submission; during that period, the resignation may be accepted with a deferment (section 91(3) of the Bill). The Committee asked the Government to describe the nature of the conditions or restrictions to which resignation may be linked, so that the Committee could ascertain whether they are consistent with the Convention.

The Committee notes that the Government’s report contains no information on this issue and hopes that such information will be provided in its next report. Noting also the Government’s confirmation in the report that the Bill includes a provision authorizing public servants to resign without any prior conditions, the Committee reiterates its firm hope that the abovementioned “Public Service Code” will be so drafted as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. The Committee hopes that the Government will keep the ILO informed about the progress made in the adoption of the Bill and will supply a copy of the “Public Service Code”, as soon as it is promulgated.

2. Freedom of domestic workers to leave their employment. In its earlier comments, the Committee noted the Government’s indication, with regard to the regulations applying to domestic workers pursuant to section 1(b) of the Labour Code, that this clause was to be amended by the new draft Labour and Employment Code, which had to be submitted to the General People’s Congress with a view to its promulgation. The Government stated that, according to section 3 of the draft, the Code should apply to all the parties involved in work, including all domestic workers.

Since the Government’s report contains no new information on this issue, the Committee understands that the draft Labour and Employment Code has not yet been promulgated and hopes that the Government would provide a copy of the new Code, as soon as it is adopted.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 1(1) and 2(1) of the Convention. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee noted the Government’s repeated indications that the provisions restricting the freedom of public servants and members of the armed forces to leave their employment (section 71 of Act No. 40 of 1974 regarding service in the armed forces; section 108 of Act No. 55 of 1976 regarding public service), which are contrary to the Convention, had been submitted to the competent authorities with a view to their amendment.

As the Committee repeatedly pointed out, referring also to the explanations in paragraphs 68 and 72 of its General Survey of 1979 on the abolition of forced labour, the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. Furthermore, the provisions relating to compulsory military service included in the Convention do not apply to career military service; therefore, persons who have voluntarily entered into an engagement may not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

While noting the Government’s renewed commitment to take the Committee’s comments into account when amending the abovementioned provisions, the Committee hopes that the necessary measures will at last be taken to bring the legislation into conformity with the Convention on this point. Pending the revision, the Committee requests the Government to provide information on the application of these provisions in practice, indicating the number of applications to resign accepted and refused, as well as the reasons for refusal. Please also supply a copy of the full updated text of the Act No. 40 of 1974 regarding service in the armed forces.

As regards the public service, the Committee recalls that, in its earlier comments, it noted the Government’s indication in its 2000 report that a Bill entitled "Public Service Code" would be transmitted to the General People’s Congress with a view to its consideration and promulgation. Section 91(1) of the Bill provided that an employee may resign by applying in writing and that the competent authority must accept the application within 60 days of its submission. However, paragraph 2 of the same clause stipulated that, if the resignation is linked to a condition or restriction, the employee’s service may end only when a favourable response is given to the application, otherwise the resignation will be cancelled 30 days after its submission; during that period, the resignation may be accepted with a deferment (section 91(3) of the Bill). The Committee asked the Government to describe the nature of the conditions or restrictions to which resignation may be linked, so that the Committee could ascertain whether they are consistent with the Convention.

Since the Government’s report contains no information on this issue, the Committee requests the Government to provide such information in its next report and reiterates firm hope that the provisions of the abovementioned "Public Service Code" will be so drafted as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. The Committee asks the Government to keep the ILO informed about the progress made in the consideration and the adoption of the Bill and to supply a copy of the "Public Service Code", as soon as it is adopted.

2. In its earlier comments, the Committee noted the Government’s indication, with regard to the regulations applying to domestic workers pursuant to section 1(b) of the Labour Code, that this clause was to be amended by the new draft Labour and Employment Code, which had to be submitted to the General People’s Congress with a view to its promulgation. The Government stated that, according to section 3 of the draft, the Code shall apply to all the parties involved in work, including all domestic workers.

The Government indicates in its latest report that the draft Labour Code is still under preparation and has not yet been promulgated. The Committee would appreciate it if the Government would provide the text of the new Code as soon as it is adopted.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s reply to its earlier comments.

1. Freedom of persons in the service of the State to terminate employment. In its earlier comments, the Committee noted the Government’s indications that the provisions restricting the freedom of public servants and members of the armed forces to leave their employment (section 71 of Act No. 40 of 1974 regarding service in the armed forces; section 108 of Act No. 55 of 1976 regarding public service), which are contrary to the Convention, had been submitted to the competent authorities with a view to their amendment.

The Committee previously noted the Government’s indication that a Bill entitled "Public Service Code" would be transmitted to the General People’s Congress with a view to their consideration and promulgation. Section 91(1) of the Bill provided that an employee may resign by applying in writing and that the competent authority must accept the application within 60 days of its submission. However, paragraph 2 of the same clause stipulated that, if the resignation is linked to a condition or restriction, the employee’s service may end only when a favourable response is given to the application, otherwise the resignation will be cancelled 30 days after its submission; during that period, the resignation may be accepted with a deferment (section 91(3) of the Bill). The Committee asked the Government to describe the nature of the conditions or restrictions to which resignation may be linked, so that the Committee could ascertain whether they are consistent with the Convention.

Since the Government’s report contains no information on this issue, the Committee requests the Government to provide such information in its next report and reiterates firm hope that the provisions of the abovementioned "Public Service Code" will be so drafted as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. The Committee asks the Government to supply a copy of the "Public Service Code", as soon as it is adopted.

As regards service in the armed forces, the Committee repeats its request for information on the measures taken to amend section 71 of Act No. 40 of 1974 referred to above.

2. As regards the freedom of domestic workers to leave their employment, in relation to the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya, the Committee has noted the Government’s indication in the report that no such cases involving Sri Lankan domestic workers or domestic workers of other nationalities have been reported.

The Committee previously noted the Government’s indication concerning the regulations applying to domestic workers pursuant to section 1(b) of the Labour Code, that this clause was to be amended by the new draft Labour and Employment Code, which had to be submitted to the General People’s Congress with a view to its promulgation. The Government stated that, according to section 3 of the draft, the Code shall apply to all the parties involved in work, including all domestic workers.

The Committee notes from the Government’s latest report that the new Labour Code has not yet been promulgated. It would be grateful if the Government would provide the text of the new Code as soon as it is adopted.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s reply to its earlier comments. It notes in particular the information supplied by the Government in reply to its 1998 general observation concerning prison labour.

1. The Committee previously noted the Government’s indications that the restrictions placed on the freedom of public servants and members of the armed forces to leave their employment under the provisions relating to resignation contained in section 71 of Act No. 40 of 1974 regarding service in the armed forces, and in section 108 of Act No. 55 of 1976 regarding public service, which are contrary to the Convention, had been submitted to the competent authorities with a view to their modification.

The Government indicated in its previous report that measures had already been taken to amend the abovementioned provisions; it stated that a Bill entitled "Public Service Code" would be transmitted to the general people’s congress with a view to their consideration and promulgation. The Committee noted that section 91(1) of the Bill provided that an employee may resign by applying in writing and that the competent authority must accept the application within 60 days of its submission. However, paragraph 2 of the same clause stipulated that, if the resignation is linked to a condition or restriction, the employee’s service may end only when a favourable response is given to the application, otherwise the resignation will be cancelled 30 days after its submission; during that period, the resignation may be accepted with a deferment (section 91(3)). Referring to the explanations given in paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, the Committee observed that the provisions of paragraphs 2 and 3 of section 91 of the Bill contained restrictions on the freedom of employees to terminate their employment, which affected observance of the Convention. It asked the Government to describe the nature of the conditions or restrictions to which resignation may be linked under paragraph 2 of section 91, so that the Committee could ascertain whether they are consistent with the Convention.

The Government indicates in its latest report that the Bill referred to above has not yet been promulgated. The Committee expresses strong hope that the provisions in question will be so drafted as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. It reiterates its hope that the Government will shortly be in a position to provide a copy of the provisions adopted to this end. It also repeats its request for information on the measures taken to amend section 71 of Act No. 40 of 1974 with regard to service in the armed forces, to which the Government referred in its previous report.

2. In its earlier comments, the Committee recalled the discussion that took place in the Conference Committee in June 1992 during which the Worker members of the Conference Committee observed, regarding the freedom of workers to leave their employment, that the information on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya was disquieting. It noted that the Conference Committee had expressed the hope that the Government would keep the Office informed by means of a report containing detailed information.

The Committee notes that the Government reiterates its previous statement in the report that there are no cases pending concerning Sri Lankan women employees in the Libyan Arab Jamahiriya. It noted the Government’s indication in its previous report, concerning the regulations applying to domestic workers pursuant to section 1(b) of the Labour Code, that this clause was to be amended by the new draft Labour and Employment Code, which had to be submitted to the general people’s congress with a view to its promulgation. The Government indicated that, according to section 3 of the draft, the Code shall apply to all the parties involved in work, including all domestic workers.

The Committee notes the Government’s indication in its latest report that the new Code is still under discussion. It would be grateful if the Government would provide the text of the new Code as soon as it is adopted, and continue to provide detailed information in its future reports on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya in connection with the freedom to leave their employment.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in reply to its earlier comments.

1.  In its earlier comments the Committee noted the Government’s indications that the restrictions placed on the freedom of public servants and members of the armed forces to leave their employment under the provisions relating to resignation contained in section 71 of Act No. 40 of 1974 regarding service in the armed forces, and in section 108 of Act No. 55 of 1976 regarding public service, which are contrary to the Convention, had been submitted to the competent authorities with a view to their modification.

The Committee notes from the Government’s report that measures have already been taken to amend the abovementioned provisions. The Government states that there is to be a new Bill entitled "Public Service Code" which has already been prepared and will be transmitted to the general people’s congress with a view to their consideration and promulgation. The Committee notes that section 91(1) of the new Bill provides that an employee may resign by applying in writing and that the competent authority must accept the application within 60 days of its submission. However, paragraph 2 of the same clause stipulates that, if the resignation is linked to a condition or restriction, the employee’s service may end only when a favourable response is given to the application, otherwise the resignation will be cancelled 30 days after its submission; during that period, the resignation may be accepted with a deferment (section 91(3)). The Committee refers to the explanations given in paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, and observes that the provisions of paragraphs 2 and 3 of section 91 of the new Bill contain restrictions on the freedom of employees to terminate their employment, which affect observance of the Convention. It asks the Government to describe the nature of the conditions or restrictions to which resignation may be linked under paragraph 2 of section 91, so that the Committee may ascertain whether they are consistent with the Convention. It trusts that the provisions in question will be so drafted as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. It hopes that the Government will shortly be in a position to provide a copy of the provisions adopted to this end. Please also provide information on the measures taken to amend section 71 of Act No. 40 of 1974 with regard to service in the armed forces, to which the Government refers in its report.

2.  In its earlier comments, the Committee recalled the discussion that took place in the Conference Committee in June 1992 during which the Worker members of the Conference Committee observed, regarding the freedom of workers to leave their employment, that the information on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya was disquieting. It noted that the Conference Committee had expressed the hope that the Government would keep the Office informed by means of a report containing detailed information.

The Committee notes the Government’s statement in its report that there are no cases pending concerning Sri Lankan women employees in the Libyan Arab Jamahiriya. The Government also indicates, concerning the regulations applying to domestic workers pursuant to section 1(b) of the Labour Code that this clause has been amended by the new draft of the Labour and Employment Code which will be submitted to the general people’s congress with a view to its promulgation. According to the Government, section 3 of the draft provides that the Code applies to all the parties involved in work, including all domestic workers. The Committee would be grateful if the Government would provide the text of the new Code as soon as it is adopted, and continue to provide detailed information in its future reports on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya in connection with the freedom to leave their employment.

3.  With reference to its general observation on the Convention contained in its report submitted to the 87th Session of the Conference in 1999, the Committee notes that the Government’s report does not contain the information requested in its previous comments concerning prison labour. Consequently, it again asks the Government to provide information on the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with the minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that they are free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous comments: 1. In its earlier comments the Committee noted the Government's indications that the restrictions placed on the freedom of public servants and members of the armed forces to leave their employment under the provisions relating to resignation contained in section 71 of Act No. 40 of 1974 respecting service in the armed forces and in section 108 of Act No. 55 of 1976 respecting the public service, which are contrary to the Convention, had been submitted to the competent authorities with a view to their modification. The Committee noted from the Government's latest report received in 1995 that the decision to submit the above-mentioned provisions to the competent authorities for amendment has been confirmed. It therefore trusts that the provisions concerned will now be amended so as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. It hopes that the Government will soon be in a position to supply a copy of the provisions adopted to this end. 2. With reference to the discussion which took place in the Conference Committee in June 1992, the Committee recalled the statement made by the Worker members, regarding the freedom of workers to leave their employment, that the information on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya was disquieting. It noted that the Conference Committee expressed the hope that the Government would keep the ILO informed by means of a report containing detailed information. The Committee observes that no information on the subject has been received from the Government so far. It therefore reiterates its request to the Government to supply full and detailed information on this matter, as well as copy of the regulations applicable to domestic workers under section 1(b) of the Labour Code. 3. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that t is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its earlier comments the Committee noted the Government's indications that the restrictions placed on the freedom of public servants and members of the armed forces to leave their employment under the provisions relating to resignation contained in section 71 of Act No. 40 of 1974 respecting service in the armed forces and in section 108 of Act No. 55 of 1976 respecting the public service, which are contrary to the Convention, had been submitted to the competent authorities with a view to their modification.

The Committee noted from the Government's latest report received in 1995 that the decision to submit the above-mentioned provisions to the competent authorities for amendment has been confirmed. It therefore trusts that the provisions concerned will now be amended so as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. It hopes that the Government will soon be in a position to supply a copy of the provisions adopted to this end.

2. With reference to the discussion which took place in the Conference Committee in June 1992, the Committee recalled the statement made by the Worker members, regarding the freedom of workers to leave their employment, that the information on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya was disquieting. It noted that the Conference Committee expressed the hope that the Government would keep the ILO informed by means of a report containing detailed information. The Committee observes that no information on the subject has been received from the Government so far. It therefore reiterates its request to the Government to supply full and detailed information on this matter, as well as copy of the regulations applicable to domestic workers under section 1(b) of the Labour Code.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its earlier comments the Committee noted the Government's indications that the restrictions placed on the freedom of public servants and members of the armed forces to leave their employment under the provisions relating to resignation contained in section 71 of Act No. 40 of 1974 respecting service in the armed forces and in section 108 of Act No. 55 of 1976 respecting the public service, which are contrary to the Convention, had been submitted to the competent authorities with a view to their modification.

The Committee noted from the Government's latest report received in 1995 that the decision to submit the above-mentioned provisions to the competent authorities for amendment has been confirmed. It therefore trusts that the provisions concerned will now be amended so as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. It hopes that the Government will soon be in a position to supply a copy of the provisions adopted to this end.

2. With reference to the discussion which took place in the Conference Committee in June 1992, the Committee recalled the statement made by the Worker members, regarding the freedom of workers to leave their employment, that the information on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya was disquieting. It noted that the Conference Committee expressed the hope that the Government would keep the ILO informed by means of a report containing detailed information. The Committee observes that no information on the subject has been received from the Government so far. It therefore reiterates its request to the Government to supply full and detailed information on this matter, as well as copy of the regulations applicable to domestic workers under section 1(b) of the Labour Code.

REQUESTS The Government is asked to report in detail in 1997. #REPORT_DATE:00:00:1997

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in reply to its earlier comments.

1. In its earlier comments the Committee noted the Government's indications that the restrictions placed on the freedom of public servants and members of the armed forces to leave their employment under the provisions relating to resignation contained in section 71 of Act No. 40 of 1974 respecting service in the armed forces and in section 108 of Act No. 55 of 1976 respecting the public service, which are contrary to the Convention, had been submitted to the competent authorities with a view to their modification.

The Committee notes from the Government's latest report received in 1995 that the decision to submit the above-mentioned provisions to the competent authorities for amendment has been confirmed. It therefore trusts that the provisions concerned will now be amended so as to ensure that the various categories of persons in the service of the State are free to leave the service at their own initiative within a reasonable period of time, either at specified intervals or with previous notice. It hopes that the Government will soon be in a position to supply a copy of the provisions adopted to this end.

2. With reference to the discussion which took place in the Conference Committee in June 1992, the Committee recalls the statement made by the Worker members, regarding the freedom of workers to leave their employment, that the information on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya was disquieting. It noted that the Conference Committee expressed the hope that the Government would keep the ILO informed by means of a report containing detailed information. The Committee observes that no information on the subject has been received from the Government so far. It therefore reiterates its request to the Government to supply full and detailed information on this matter, as well as copy of the regulations applicable to domestic workers under section 1(b) of the Labour Code.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted the Government's report dated 28 May 1992 and the information supplied by the Government to the Conference Committee in June 1992.

1. The Committee noted the information supplied by the Government in its report to the effect that the provisions relating to resignation contained in section 71 of Act No. 40 of 1974 respecting service in the armed forces and in section 108 of Act No. 55 of 1976 respecting the public service are contrary to the Convention and have been submitted to the competent authorities with a view to their modification. It also noted the information supplied by the Government to the Conference Committee that the restrictions placed on the freedom of public servants and members of the armed forces to leave their employment will be re-examined.

The Committee hopes that the envisaged modifications will ensure that the various categories of persons in the service of the State are free to leave its service at their own initiative within a reasonable period of time either at specified intervals or with previous notice. It again requests the Government to supply information on the progress made in the work of revising these texts.

2. The Committee noted the information supplied by the Government in reply to its previous comments on training for employment in reformation centres.

3. The Committee noted that the Worker members of the Conference Committee commented, with regard to the freedom of workers to leave their employment, that the information on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya was disquieting. It noted that the Government representative stated that he had no information on that subject. It also noted that the Conference Committee expressed the hope that the Government would keep the ILO informed by means of a report containing detailed information.

The Committee again requests the Government to supply full and detailed information on this subject. It also requests the Government to supply the text of the regulations applicable to domestic workers under section 1(b) of the Labour Code.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted the Government's report dated 28 May 1992 and the information supplied by the Government to the Conference Committee in June 1992.

1. The Committee noted the information supplied by the Government in its report to the effect that the provisions relating to resignation contained in section 71 of Act No. 40 of 1974 respecting service in the armed forces and in section 108 of Act No. 55 of 1976 respecting the public service are contrary to the Convention and have been submitted to the competent authorities with a view to their modification. It also noted the information supplied by the Government to the Conference Committee that the restrictions placed on the freedom of public servants and members of the armed forces to leave their employment will be re-examined.

The Committee hopes that the envisaged modifications will ensure that the various categories of persons in the service of the State are free to leave its service at their own initiative within a reasonable period of time either at specified intervals or with previous notice. It again requests the Government to supply information on the progress made in the work of revising these texts.

2. The Committee noted the information supplied by the Government in reply to its previous comments on training for employment in reformation centres.

3. The Committee noted that the Worker members of the Conference Committee commented, with regard to the freedom of workers to leave their employment, that the information on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya was disquieting. It noted that the Government representative stated that he had no information on that subject. It also noted that the Conference Committee expressed the hope that the Government would keep the ILO informed by means of a report containing detailed information.

The Committee again requests the Government to supply full and detailed information on this subject. It also requests the Government to supply the text of the regulations applicable to domestic workers under section 1(b) of the Labour Code.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report dated 28 May 1992 and the information supplied by the Government to the Conference Committee in June 1992.

1. The Committee notes the information supplied by the Government in its report to the effect that the provisions relating to resignation contained in section 71 of Act No. 40 of 1974 respecting service in the armed forces and in section 108 of Act No. 55 of 1976 respecting the public service are contrary to the Convention and have been submitted to the competent authorities with a view to their modification. It also notes the information supplied by the Government to the Conference Committee that the restrictions placed on the freedom of public servants and members of the armed forces to leave their employment will be re-examined.

The Committee hopes that the envisaged modifications will ensure that the various categories of persons in the service of the State are free to leave its service at their own initiative within a reasonable period of time either at specified intervals or with previous notice. It requests the Government to supply information on the progress made in the work of revising these texts.

2. The Committee notes the information supplied by the Government in reply to its previous comments on training for employment in reformation centres.

3. The Committee notes that the Worker members of the Conference Committee commented, with regard to the freedom of workers to leave their employment, that the information on the situation of Sri Lankan women employed in the Libyan Arab Jamahiriya was disquieting. It notes that the Government representative stated that he had no information on that subject. It also notes that the Conference Committee expressed the hope that the Government would keep the ILO informed by means of a report containing detailed information.

The Committee requests the Government to supply full and detailed information on this subject. It also requests the Government to supply the text of the regulations applicable to domestic workers under section 1(b) of the Labour Code.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In the comments that it has been making for many years, the Committee has referred to the provisions of section 1 of Act No. 20 of 1962 under which, among other provisions, certain women seriously suspected or accused of certain offences against morality may be interned for a period of from six months to three years. The Committee has also referred to section 6 of the Royal Decree of 5 October 1955 concerning vagabonds and suspects, under which any person who has already been sentenced for certain offences or been the subject of repeated investigations for the same offences and is again suspected of such offences is liable to detention of from one to five years by decision of a judge. The Committee understands that in both cases the persons concerned, who are merely suspected or accused, and detained by decision of a judge, are obliged to work.

The Committee notes the information supplied by the Government in its report, and in particular the reports of the national committee set up to examine international labour Conventions and Recommendations, which considers that there is no disparity between the above texts and the Convention.

As the Committee pointed out in paragraphs 89 to 93 of its 1979 General Survey on the Abolition of Forced Labour, it follows from Article 2, paragraph 2(c), of the Convention that compulsory labour imposed as correction or punishment falls outside the scope of the Convention only if certain conditions are met; first of all, the labour must be imposed "as a consequence of a conviction". Therefore, persons who are in detention but have not been convicted - such as prisoners awaiting trial or persons detained without trial - should not be obliged to perform labour. Furthermore, the term "conviction" indicates that the person concerned must have been found guilty of an offence. In the absence of such a finding of guilt, compulsory labour may not be imposed, even as a result of a decision by a court of law. Accordingly, the above provisions of the Act of 1962 and the Royal Decree of 1955 are contrary to the Convention.

2. The Committee has observed for several years that the Government's report contains no information in reply to the general direct request of 1981, in which the Committee referred to paragraphs 67 to 73 of its 1979 General Survey, concerning restrictions on the freedom of workers to leave their employment. It observed that, in a number of countries, the conditions of service for certain persons in the service of the State, particularly career members of the armed forces, are governed by legal provisions that make the right to leave the service dependent upon authorisation. In certain cases, a link is established between the duration of training received and that of the services normally required before resignation is accepted. Since such restrictions may have a bearing on the application of the Convention concerning forced or compulsory labour, the Committee again asks the Government to provide information on national law and practice concerning the situation of the various classes of persons in the service of the State, particularly in respect of their freedom to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In comments that it has been making for many years, the Committee has referred to the provisions of section 1 of Act No. 20 of 1962 under which, among other things, certain women seriously suspected or accused of certain offences against morality may be interned for a period of from six months to three years. The Committee has also referred to section 6 of the Royal Decree of 5 October 1955 concerning vagabonds and suspects under which any person who has already been sentenced for certain offences or been the subject of repeated investigations for the same offences and is again suspected of such offences is liable to detention of from one to five years by decision of a judge. The Committee understands that in both cases the persons concerned, who are merely suspected or accused and detained by decision of a judge, are obliged to work. The Committee noted from the Government's report received in 1988 that the committee charged with examination of international labour Conventions and Recommendations, after examining the observations of the Committee of Experts and the responses communicated by the competent authorities on the subject raised by the Committee, asked for additional information from the ILO. As the Committee pointed out in paragraphs 89 to 93 of its 1979 General Survey on the Abolition of Forced Labour, it follows from Article 2, paragraph 2(c), of the Convention that compulsory labour imposed as correction or punishment falls outside the scope of the Convention only if certain conditions are met; first of all, the labour must be imposed "as a consequence of a conviction". Therefore, persons who are in detention but have not been convicted - such as prisoners awaiting trial or persons detained without trial - should not be obliged to perform labour. Furthermore, the term "conviction" indicates that the person concerned must have been found guilty of an offence. In the absence of such a finding of guilt, compulsory labour may not be imposed, even as a result of a decision by a court of law. Accordingly, the provisions of section 1 of Act No. 20 of 1962 and section 6 of the Royal Decree of 5 October 1955, referred to above, are contrary to the Convention. The Committee hopes that in the light of these indications, the necessary measures will soon be taken to bring the legislation into conformity with the Convention so as to ensure that no work may be imposed on detainees who are merely accused or suspected of certain crimes, and that the Government will indicate the action taken. 2. The Committee has observed that for several years the report of the Government contained no information in reply to the general direct request of 1981, in which the Committee referred to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, concerning restrictions on the freedom of workers to leave their employment. It observed that, in a number of countries, the conditions of service of certain persons in the service of the State, particularly career members of the armed forces, are governed by legal provisions that make the right to leave the service dependent upon authorisation. In certain cases a link is established between the duration of training received and that of the services normally required before resignation is accepted. Since such restrictions may have a bearing on the application of the Conventions concerning forced or compulsory labour, the Committee again asks the Government to provide information on national law and practice concerning the situation of the various classes of persons in the service of the State, particularly in respect of freedom to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. In comments that it has been making for many years, the Committee has referred to the provisions of section 1 of Act No. 20 of 1962 under which, among other things, c ertain women seriously suspected or accused of certain offences against morality may be interned for a period of from six months to three years. The Committee has also referred to section 6 of the Royal Decree of 5 October 1955 concerning vagabonds and suspects under which any person who has already been sentenced for certain offences or been the subject of repeated investigations for the same offences and is again suspected of such offences is liable to detention of from one to five years by decision of a judge. The Committee understands that in both cases the persons concerned, who are merely suspected or accused and detained by decision of a judge, are obliged to work. The Committee noted from the Government's report received in 1988 that the committee charged with examination of international labour Conventions and Recommendations, after examining the observations of the Committee of Experts and the responses communicated by the competent authorities on the subject raised by the Committee, asked for additional information from the ILO. As the Committee pointed out in paragraphs 89 to 93 of its 1979 General Survey on the Abolition of Forced Labour, it follows from Article 2, paragraph 2(c), of the Convention that compulsory labour imposed as correction or punishment falls outside the scope of the Convention only if certain conditions are met; first of all, the labour must be imposed "as a consequence of a conviction". Therefore, persons who are in detention but have not been convicted - such as prisoners awaiting trial or persons detained without trial - should not be obliged to perform labour. Furthermore, the term "conviction" indicates that the person concerned must have been found guilty of an offence. In the absence of such a finding of guilt, compulsory labour may not be imposed, even as a result of a decision by a court of law. Accordingly, the provisions of section 1 of Act No. 20 of 1962 and section 6 of the Royal Decree of 5 October 1955, referred to above, are contrary to the Convention. The Committee hopes that in the light of these indications, the necessary measures will soon be taken to bring the legislation into conformity with the Convention so as to ensure that no work may be imposed on detainees who are merely accused or suspected of certain crimes, and that the Government will indicate the action taken. 2. The Committee has observed that for several years the report of the Government contained no information in reply to the general direct request of 1981, in which the Committee referred to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, concerning restrictions on the freedom of workers to leave their employment. It observed that, in a number of countries, the conditions of service of certain persons in the service of the State, particularly career members of the armed forces, are governed by legal provisions that make the right to leave the service dependent upon authorisation. In certain cases a link is established between the duration of training received and that of the services normally required before resignation is accepted. Since such restrictions may have a bearing on the application of the Conventions concerning forced or compulsory labour, the Committee again asks the Government to provide information on national law and practice concerning the situation of the various classes of persons in the service of the State, particularly in respect of freedom to leave the service on their own initiative within a reasonable period, either at specified intervals or with previous notice.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future