Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Libia (Ratificación : 1961)

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Articles 1 and 3(b) of the Convention. Definition of discrimination. Draft Constitution. The Committee recalls that, in its conclusions at its 108th Session in 2019, the Conference Committee on the Application of Standards, asked the Government to amend article 7 of the draft Constitution to ensure that the grounds of race, national extraction and social origin are included as prohibited grounds of discrimination. It notes, from the Report of the Working Group on the Universal Periodic Review (UPR) that the attack on the capital, on 4 April 2019, prevented the completion of the constitutional reform (A/HRC/46/17, 5 January 2021, paragraph 11). TheCommittee hopes that completion of the constitutional reform will resume shortly and that the Government will take all the necessary measures to ensure that the draft Constitution is amended to include the grounds of race, national extraction and social origin as prohibited grounds of discrimination. It asks the Government to provide information on any developments in this regard.

Labour legislation.Noting that the Government merely repeats the information previously provided, the Committee once again requests the Government to: (i) take measures to ensure that the national labour legislation includes a clear and comprehensive definition of discrimination in employment and occupation covering at least all the grounds set out in Article 1(1)(a) of the Convention; and (ii) provide information on any progress achieved this respect.

Articles 1 to 3. Discrimination on the basis of race, colour and national extraction. Sub-Saharan migrant workers. The Committee recalls that in its conclusions, the Conference Committee on the Application of Standards asked the Government to: (1) ensure that migrant workers are protected from ethnic and racial discrimination and from forced labour; (2) educate and promote equal employment opportunities for all; (3) take immediate action to address the situation of racial and ethnic discrimination against migrant workers from sub-Saharan Africa (including women migrant workers) and, in particular, put an end to forced labour migration practices; and (4) conduct surveys to examine the situation of vulnerable groups, including migrant workers, in order to identify their problems and possible solutions.

The Committee notes, from the Report of the Special Rapporteur on violence against women and girls, its causes and consequences, that refugees and asylum-seekers are considered as migrants in an illegal situation, resulting in the automatic detention of migrants, and that, as a result of their criminalization, migrants in Libya are also systematically deprived of access to justice and economic, social and cultural rights, including health, education, social protection, decent work and an adequate standard of living (A/HRC/53/36/Add. 2, 4 May 2023, paragraph 61). The Committee further notes, from the UPR Report that the Government: (1) worked to dismantle trafficking in persons and illegal immigration networks and to prosecute perpetrators of trafficking in persons, including the imposition of travel bans and asset freezes; and (2) cooperated with the International Organization for Migrations (IOM) and the United Nations High Commissioner for Refugees (UNHCR), to eliminate obstacles to migrants’ basic rights (A/HRC/46/17, paragraphs 21, 22, 46 and 69). However, the Committee notes, from the IOM Libya Migrant Report Round 41 (February–April 2022), that among migrants with children, around half (49 per cent) reported that their school-aged children lacked access to education, the main barriers to accessing education were related to a lack of documents (86 per cent), language barrier (72 per cent) and the lack of financial resources (72 per cent). The Committee deplores the absence of information provided by the Government in this regard and recalls that migrant workers from sub-Saharan Africa are severely discriminated against and unable to seek justice for fear of being detained for illegal entry and stay. Once again, the Committee urges the Government to: (i) take prompt action to address the situation of racial and ethnic discrimination against migrant workers from sub-Saharan Africa, including measures to ensure that the legislation on non-discrimination is applied in practice, that migrant workers subject to discrimination in employment and occupation have access to remedies, irrespective of their legal status in the country; and (ii) actively raise awareness of and promote equal employment opportunities for all. The Committee hopes that the Government will take all necessary measures to this end and once again asks the Government to provide information in this respect.

Article 2. Lack of national policy on equality. The Committee notes that, once again, the Government has not provided information on the progress achieved in adopting a national policy on equality. In this regard, it once again draws the Government’s attention to paragraphs 841 to 844 of its 2012 General Survey on the fundamental Conventions. The Committee therefore once again asks the Government to take steps to declare and pursue a national policy on equality of opportunity and treatment in employment and occupation with respect to all the protected grounds enumerated in Article 1(1)(a) of the Convention, covering all aspects of employment and occupation (including access to vocational training, employment and particular occupations, and terms and conditions of employment).

Equality of opportunity and treatment between women and men with respect to employment and occupation. The Committee notes that, in its report submitted during the third cycle of the UPR in 2020, the Government indicates that: (1) it has established Women Empowerment Units within the Presidency Council and all ministries; (2) the representation of women in judicial positions has exceeded 40 per cent; (3) the presence of women in university education has exceeded that of men; and (4) the proportion of women working in the public sector has exceeded 50 per cent (A/HRC/WG.6/36/LYB/1, 18 August 2020, paragraphs 61 and 63). The Committee further notes, from the Report of the Working Group on the UPR on Libya that the Government carried out awareness-raising campaigns on gender equality (A/HRC/46/17, 5 January 2021, paragraph 144). The Committee further notes, from the 2023 Report of the Special Rapporteur on violence against women and girls, its causes and consequences, that: (1) over the years, women and girls have been disproportionately affected by the broader effects of the armed conflict, placing them at increased risk of poverty, discrimination and violence; (2) although there are some female judges (18.5 per cent as of 2018), women are still vastly underrepresented in top-ranking positions in the justice sector (7 per cent); and (3) the Special Rapporteur expressed concern that women continue to be underrepresented in political and public life, particularly in decision-making bodies, including the executive branch and the diplomatic and public service. Referring to a survey, the Special Rapporteur highlighted that almost 60 per cent of women survey felt deterred from participating in the public sphere as a result of attacks on women, reported to be in the form of bullying, threats, defamation, hate campaigns, forced disappearances, murder and other forms of violence to discourage and intimidate women from public participation or to punish them for voicing their opinions (A/HRC/53/36/Add.2, 4 May 2023, paragraphs 11, 31, 48 and 49). Taking into consideration the above-mentioned reasons for women’s low participation in political life, the Committee asks the Government to take measures to protect women and encourage their participation in political life. It further requests the Government to continue to: (i) undertake awareness-raising activities to address the stereotypical views of women’s capabilities and their roles in society; and (ii) provide information on the impact of such activities in terms of the number of persons who may have been reached and statistical data on the participation of women and men in public and political life. Finally, the Committee once again asks the Government to provide information on the mandate of the Women’s Empowerment Units as well as on their actions to specifically promote women’s participation in employment and occupation.

Technical assistance.Recalling the three projects on hold for which the Government was meant to receive ILO technical assistance, the Committee requests the Government to engage and actively participate in ILO technical assistance, and to provide information on its resumption and results.

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