Caso individual (CAS) - Discusión: 2019, Publicación: 108ª reunión CIT (2019)

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



Discussion by the Committee

Government representative – We would like to start by congratulating you on the Centenary of the ILO which represents a marking point in the history of the Organization. We also highly value the efforts of your esteemed Committee in enshrining the principles on which the ILO was founded in many fields of labour on top of which is supporting stability, protection and social justice.

With regard to the remarks in the report for 2019 regarding Libya and the application of Convention No. 111, we would like to inform you that the State of Libya, based on its religious dogma, has banned all forms of discrimination and has implemented the Convention through the Labour Relations Act No. 12 of 2010 and its Regulations. The Libyan Penal Code has criminalized all sorts of discrimination and from your esteemed remarks which focused on some isolated wrongdoings, we would like to reaffirm that the Government of National Accord has made all the necessary efforts in implementing the above referenced laws. For example, we have activated the role of labour inspectors and given them the status of judicial police officers so that they can monitor those infringements and the violations of Conventions. We would like to ask you to categorize Libya as an unstable country which is still experiencing political divisions and wars in many regions, the latest developments of which have seen combat around the outskirts of the capital which are still ongoing. Our Government commits to provide a detailed report on all the questions and remarks contained in the report as early as possible.

In conclusion, we would like to reaffirm that the State of Libya has fulfilled all its commitments over many years and cooperates with all the member States to achieve what we all seek for. We also trust that your esteemed Committee and all the member States will provide the technical support and assistance that we need in these exceptional circumstances, as we have been used to see before. We would like to reiterate our thanks to this Committee and the Committee of Experts.

Employer members – The Employers’ group would like to thank the Government for its comments and statements today. Libya ratified the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in June 1961. This fundamental Convention aims to guarantee human dignity and equal opportunities and treatment for all workers, prohibiting all discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Today is the first time that the Committee on the Application of Standards is examining the application of the Convention by Libya in law and practice. The Committee of Experts previously made two observations on this subject, in 2008 and 2010, and decided this year to give the case “double-footnoted” status.

Libya became an ILO Member in 1952 and has ratified a total of 29 Conventions comprising eight fundamental Conventions, two governance Conventions and 19 technical Conventions.

We note that the Government, supported by the United Nations, continues to struggle to exert control over territory occupied by rival factions which are intensifying the geographical and political divisions between the east, west and south of the country.

We emphasize that the Office is providing ongoing technical assistance to the Libyan Government to improve the labour situation. In particular, we underline the fact that three ILO technical assistance projects are under way to invest in human capital in Libya:

1. RBSA project concerning capacity-building for Libya’s constituents and national stakeholders to combat unacceptable forms of work and promote fair and effective policies in the area of labour migration. This is a reconstruction project to take action against unacceptable forms of work, in particular child labour, forced labour and trafficking. Results are expected with regard to the elimination of child labour and forced labour by means of a plan of action, including with respect to evaluation and improvement of the labour market, strengthening the capacities of the Libyan authorities regarding governance of the migration of workers and, last but not least, the role of the social partners in economic stability and the resolution of social disputes.

2. Resource mobilization project concerning jobs for peace and resilience. The aim of this project, supported by the Office, is to continue mobilizing resources to extend the work already done by the previous project.

3. Project concerning support for equitable migration for the Maghreb. The aim of this 36-month project, in collaboration with the Office and Italy, Morocco, Mauritania and Tunisia, is to improve the capacities of government actors and the social partners. Economic migration and the promotion of social dialogue are at the heart of subregional training courses organized by this project.

We encourage the Libyan Government to continue its commitment and its cooperation with the Office in areas such as non-discrimination, child labour, forced labour, trafficking in persons and labour migration.

Let us now turn to the main issues of non-conformity in law and practice identified by the Committee of Experts in its report on Libya.

The first issue is of a legislative nature. To recap, Article 1 of Convention No. 111 defines discrimination as including any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. This provision covers in general terms any discrimination that can affect equality of opportunity and treatment in law and practice, whether directly or indirectly. The Committee of Experts observed that a number of national legislations relating to the principle of equality before the law and equal opportunities are not in full conformity with the definition of discrimination or the grounds of discrimination enumerated in the Convention.

Firstly, article 6 of the Constitutional Declaration of 2011 does not contain any reference to the grounds of race, colour or national extraction. Secondly, article 7 of the draft Constitution does not include the grounds of race, national extraction or social origin and only refers to Libyan citizens. Thirdly, section 3 of the Labour Relations Act (2010) prohibits discrimination on the basis of “trade union membership, social origin or any other ground of discrimination”, whereas the grounds of race, colour, sex, religion, political opinion and national extraction are not explicitly mentioned. In addition, this provision does not include any definition of discrimination in employment and occupation.

In its communication to the Committee, the Government indicated that it was participating fully in the technical assistance projects.

The Employers’ group endorses the observations made by the Committee of Experts and supports their four recommendations aimed at ensuring conformity of the national legislation with the Convention.

First recommendation: consider amending 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.

Second recommendation: include a definition of the term “discrimination” contained in section 3 of the Labour Relations Act (2010). As the experts recall, a clear and complete definition of discrimination in employment and occupation is vital for identifying numerous situations in which discrimination can occur and for taking corrective action.

Third recommendation: confirm that the grounds of race, colour, sex, religion, political opinion and national extraction would be included in the terms “any other discriminatory basis” of section 3 of the Labour Relations Act (2010) and revise section 3 to make that apparent.

Fourth recommendation: provide information on the concrete measures taken to ensure that direct and indirect discrimination on all of the grounds enumerated in Article 1 of the Convention are prohibited, in law and in practice.

In addition, the Employers’ group recommends that the government authorities consult the representative workers’ and employers’ organizations when introducing the recommended legislative amendments and reforms.

The second issue relates to the absence of measures taken by the Government to combat discrimination against migrant workers. Indeed, serious discrimination is taking place against migrant workers originating from sub-Saharan Africa, who are reportedly sold as slaves. This practice constitutes the extreme and unacceptable consequence of discrimination based on colour. We regret that the Government’s report to the Committee of Experts says nothing on this sensitive issue, which is crucial in terms of human rights.

The Employers’ group therefore endorses the experts’ recommendations – firstly, to take immediate measures to address the situation of racial and ethnic discrimination against migrant workers originating from sub-Saharan Africa (including women migrant workers), in particular to bring an end to forced labour practices; secondly, to provide detailed information on all of the measures it is taking to prevent and eliminate the occurrence of ethnic or racial discrimination in law and in practice in all aspects of employment and occupation; and, thirdly, to provide detailed information on the measures it is taking to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries.

I conclude this case provisionally by urging the Libyan authorities, firstly, to bring their legislation into conformity with the definition of non-discrimination and with all the prohibited grounds of discrimination covered by the Convention. Secondly, the Employers’ group calls on the government authorities to take the necessary steps without delay to eliminate all racial and ethnic discrimination towards migrant workers originating from sub-Saharan Africa, in accordance with Libya’s international commitments. The Government is encouraged to continue to collaborate effectively and constructively in the Office’s various technical assistance projects.

Worker members – Before I begin my statement, I would like to point out that a complaint was lodged with the Credentials Committee regarding the Government’s failure to organize tripartite consultations on the composition of the Libyan workers’ delegation.

Convention No. 111 was adopted in 1958. As the Committee of Experts noted in its 2012 General Survey, some manifestations of discrimination have acquired more subtle and less visible forms. In Libya’s case, we are not dealing with such subtle forms of discrimination. Indeed, the forms of discrimination in this case are egregious and have very serious consequences for victims.

The central objective of the Convention is to eliminate all forms of discrimination in all aspects of employment and occupation, by implementing equality of opportunity and treatment in law and in practice in a concrete and progressive manner.

The Convention defines discrimination as any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. The Convention also refers to any other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.

While the Convention allows each country considerable flexibility to adopt the most appropriate measures in terms of their nature and timeline, the objectives to be pursued must not be subject to compromise. The State cannot remain passive, and the implementation of the Convention is assessed on the basis of the efficacy of the national policy and the results achieved.

Unfortunately, the conflict situation in Libya makes it very difficult to resolve the problems that we are about to address. As we have already stated in this Committee, the Libyan Government, which is responsible for appearing before our Committee, must ensure the fulfilment of the commitments made by Libya through the ratification of the Convention. This is the consequence of the sovereignty recognized to the Government that appears before us.

The Convention lists a number of grounds on which discrimination in employment and occupation is prohibited, as we have just mentioned.

The Constitutional Declaration of August 2011, establishing the basis for the exercise of power in Libya during the transitional period until the adoption of a permanent constitution, contains a provision establishing the equal treatment of Libyans. This provision also contains a list of grounds. However, a number of grounds for discrimination do not appear in this Constitutional Declaration, rendering it inadequate. These are the grounds of race, colour and national extraction.

One of the other grounds set out in the Constitutional Declaration, that of “social status”, appears to be restrictive compared to that enshrined in the Convention, namely the grounds of “social origin”, which can be interpreted more broadly.

The draft Constitution pending adoption by referendum also omits a number of grounds, namely those of race, national extraction and social origin.

The Committee of Experts also notes that protection against discrimination only covers Libyan citizens. However, as the Committee of Experts recalls in its 2012 General Survey on the fundamental Conventions, no provision in the Convention limits its scope as regards individuals. Indeed, the Convention aims to protect “all persons”, without any distinction.

In addition, the Libyan Government stated in its report submitted to the Committee of Experts that national legislation prohibits discrimination on the grounds of race, colour, sex, religion and national extraction, referring to section 3 of Act No. 12 of 2010 promulgating the Labour Relations Act (2010). However, this Act seems only to cover the grounds of trade union affiliation, social origin or any other discriminatory basis. Hence, the grounds of race, colour, sex, religion, political opinion and national extraction are not explicitly mentioned in this legislation. Legal provisions should list all of the grounds for discrimination set out in Article 1(1)(a) of the Convention.

In accordance with Article 1(1)(b) of the Convention, it would also be useful for the Government to consult the social partners and other appropriate bodies on the amendments to be made to the above-mentioned legal standards to bring them into line with the Convention and to consider the possibility of broadening the prohibited grounds for discrimination.

Moreover, the Labour Relations Act (2010) does not include any explicit definition of discrimination. However, it is frequently pointed out that a clear and complete definition of what constitutes discrimination in employment and occupation makes it possible to identify the many situations in which discrimination can occur and thus remedy it.

As I mentioned at the beginning of my intervention, some manifestations of discrimination have now acquired more subtle and less visible forms. This is not the case with the situation in Libya. Indeed, there is clear discrimination against a very specific group of people: migrant workers from sub-Saharan Africa. While discrimination against all non-national workers is observed, the 2017 report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya (A/HRC/34/42) indicates that sub-Saharan Africans are especially vulnerable to abuse as a result of racial discrimination. It is also reported that these people are sold on slave markets in Libya, are subject to racial discrimination on the grounds of their colour and are subjected to forced labour practices.

It is urgent that this blatant discrimination cease. Despite the current difficult situation in Libya, the Government must act and take the necessary measures to put an end to these flagrant violations of the fundamental rights of a significant proportion of the population in Libya.

Government member, Romania – I am speaking on behalf of the European Union and its Member States. The candidate countries the Republic of North Macedonia, Montenegro and Albania, as well as Georgia, align themselves with this statement. The European Union and its Member States are committed to the promotion, protection and respect of human rights and labour rights, as safeguarded by the fundamental ILO Conventions and other human rights instruments. We support the indispensable role played by the ILO in developing, promoting and supervising the application of international labour standards and of fundamental Conventions in particular. The European Union and its Member States are also committed to the promotion of universal ratification, effective implementation and enforcement of the core labour standards.

The prohibition of discrimination is one of the most important principles of international human rights law. In the European Union’s founding treaties, in the Charter of Fundamental Rights of the European Union, and in the European Convention on Human Rights, the prohibition of discrimination is a core principle. Convention No. 111 is founded on the same principle.

The European Union, its Member States and Libya are partners, and we remain committed to Libya and its transition to a democratic, law-based State. The European Union recalls that there is no military solution to the crisis in Libya and urges all parties to recommit to the United Nations-facilitated political dialogue and work towards a comprehensive political solution. In this regard, the European Union reaffirms its full support for the work of the Special Representative of the Secretary-General (SRSG) and the United Nations Support Mission in Libya (UNSMIL). With reference to the recent escalation of armed conflict, we reiterate that to bring security, political and economic sustainability, and national unity to Libya and the Libyans, there can only be a Libyan-led and Libyan-owned political solution through an inclusive UN-led political process, with the full participation of women, and in full respect of international law, including human rights. Need for compliance with Convention No. 111 is essential in this respect.

National legislation in compliance with international labour standards is indispensable. Libya’s Constitutional Declaration of August 2011, which remains in effect until a permanent constitution is adopted, provides that: “Libyans shall be equal before the law” (article 6) and that “[T]he State shall guarantee for every citizen equal opportunities and shall provide an appropriate standard of living.” (article 8). However, as the Committee of Experts points out, the grounds of race, national extraction and social origin are not included in the prohibition of discrimination contained in the draft Constitution, and this prohibition only covers citizens. In similar fashion, the Libyan Political Agreement from 2015 in Guiding Principle 8 affirms: “the principle of equality between Libyans in terms of enjoyment of civic and political rights and equal opportunity, and rejection of any discrimination between them for whatever reason”. These legal constraints are also present in the Labour Relations Act of 2010 which does not define discrimination and does not enumerate the exact grounds of race, colour, sex, religion, political opinion, and national extraction as prohibited. We therefore urge the Government to make all the necessary changes to bring these legislations into line with the Convention in order to cover all discrimination.

As reported by the Committee of Experts, the discrimination is particularly dire against migrant workers, especially those originating from sub-Saharan Africa, on the basis of race, colour or national extraction in employment and occupation. Libya is both a destination and transit country for migrants. While many suffer human rights violations and abuses in the course of their journeys, once in Libya migrants continue to be among the most vulnerable, including to detention and deprivation of their liberty, frequently in inhumane conditions. Some of them are also exposed to financial exploitation and forced labour, a clear infringement of Convention No. 29, related to Convention No. 111, which is being examined. Black persons from sub-Saharan countries are being sold in slave markets in Libya and are subject to colour-based discrimination. Based on recent data from the International Organization for Migration (IOM), there are currently over 666,700 migrants in Libya, with 5,333 of them in detention.

While acknowledging the deteriorating situation and security challenges within the country, violations of human rights and violence against civilians, including refugees and migrants, are completely unacceptable and must be denounced in the strongest terms. We urge the Government to take all the necessary immediate measures to prevent and address the situation and bring an end to forced labour practices.

The EU and its Member States are working in close cooperation with the UN to help Libya improve the situation and protection of its citizens, refugees and migrants. We will also continue to help Libyans address the migratory challenges, notably to fight against smuggling and trafficking in human beings and support the resilience and stabilization of host communities.

Given the current developments, while aiming at overcoming completely the current system of detention centres, we seek to urgently evacuate refugees and migrants from the detention centres on the frontline. Where possible, we enable them to find safety outside of Libya. We welcome the progress achieved so far in the framework of the Trilateral African Union–European Union–United Nation Taskforce, which allowed for the assisted voluntary return of migrants to their countries of origin.

The European Union and its Member States will continue to assist the Government in its endeavours and monitor the situation in the country.

Worker member, Italy – Many reports from the BBC and other international media show evidence of the new “Century Lager” existing in Libya, especially for migrants. But being Italian, I have more direct knowledge also through other reports and tales, those of the people who could save their lives in the Mediterranean and succeeded in arriving in my country. I am talking of the survivors of the abuses of the Libyan detention camps, in the courtyards of which, still today, thousands of sub-Saharan migrants are locked up. A real extermination of sub-Saharan peoples in Libya is under way: humans are killed, kidnapped, tortured, left to die of epidemics, and abandoned to their fate without being treated. Doctors from Lampedusa hospitals have seen people with fractures in the lower limbs, because they are thrown from the floors of the buildings, where they are forced into forced labour, when they rebel or do not pay the requested money. Elimination techniques targeting black migrants are used by both State and non-state actors, in a climate of lawlessness; a genocide with an increasingly racial connotation. To date, a commonly used word to refer to black people in Libya is “abidat”, which translates to “slaves”.

During their regular prison and detention centre monitoring visits from 2012 to April 2018, the UNSMIL (the UN Support Mission in Libya) regularly observed discriminatory practices against sub-Saharan African detainees in terms of conditions of detention and, occasionally, concerning their treatment, compared to Arab and Libyan detainees. For example, in some facilities, Arab detainees had beds and/or mattresses, while sub-Saharan African detainees slept on the floor on blankets. Further, in some facilities, Arab and Libyan detainees had more frequent and regular access to prison yards.

The fact that women are held in facilities without female guards further facilitates sexual abuse and exploitation. Dozens of Somali and Eritrean women are raped by Libyan policemen and militias. They are invisible rapes, which nobody talks about, which will only re-emerge if they are properly cared for.

We read in the 2018 report of the UNSMIL and the Office of the UN High Commissioner for Human Rights (OHCR) that: “Libyan law criminalizes irregular entry into, stay in or exit from the country with a penalty of imprisonment pending deportation, without any consideration of individual circumstances or protection needs. Foreign nationals in vulnerable situations, including survivors of trafficking and refugees, are among those subjected to mandatory and indefinite arbitrary detention. Libya has no asylum system, has not ratified the 1951 Convention relating to the Status of Refugees, and does not formally recognize the United Nations High Commissioner for Refugees (UNHCR), while de facto allowing the agency to register some asylum seekers and refugees from a limited number of countries. In practice, the overwhelming majority of migrants and refugees are arbitrarily detained as they have never been charged or tried under Libya’s migration legislation. They languish indefinitely in detention until they are returned through the IOM or the UNHCR.

Migrants and refugees are subjected to extreme violence, at times on camera, as their relatives watch in agony. Most frequently the methods used include beatings with various objects, suspension from bars, pouring petrol, boiling water or chemicals on victims’ bodies, electric shocks, stabbing, pulling nails, application of heated metals to flesh, and shootings, particularly the legs.

We understand and know only one race, the human race, and we urge the Libyan authorities to uphold human rights law and standards. This should include working towards an end to the mandatory, automatic and arbitrary detention of migrants and refugees, stamping out of torture and ill treatment, sexual violence and forced labour in detention. We urge also the Government to take immediate measures to address the situation of racial and ethnic discrimination against migrant workers, including women, in particular bringing an end to forced labour practices and to prevent and eliminate the occurrence of ethnic and racial discrimination in law and in practice in all aspects of employment and occupation and to provide detailed information on all the measures it is taking at this aim.

Observer, International Trade Union Confederation (ITUC) – Thank you for giving me the opportunity to speak about Libya, the country where there are three governments and hundreds of militias of armed groups that continue to vie for power and control of the territory, lucrative trade routes and strategic military sites.

The number of immigrants and asylum seekers travelling through Libya en route to Europe remains considerable, while the number of people who have died trying to reach Europe, via the so-called Central Mediterranean route, has risen sharply. Those who have been detained in Libya have been subjected to ill-treatment and inhuman conditions by the guards of the official detention centres run by any of the rival governments and unofficial places of detention controlled by militia or traffickers and smugglers. They have been victims of generalized and systematic human rights violations and violations by detention centre officers, the Libyan coastguard, and people smugglers from armed groups. Some have been arrested after having been intercepted by the Libyan coastguard in the sea while trying to cross the Mediterranean to reach Morocco. According to estimates, nearly 20,000 people are being detained in the detention centres in Libya run by the Department for Combating Illegal Immigration.

On the other hand, journalists, campaigners and human rights defenders are currently exposed to harassment, attacks and enforced disappearance by armed groups and militia allied with various authorities and rival governments.

Libyan women have been particularly hard hit by the ongoing conflict, which has disproportionately affected their right to move freely and participate in public and political life.

For all these reasons, we request that technical assistance be urgently provided in Libya to put an end to all forms of discrimination.

Government member, Canada – Canada thanks the Government of Libya for the information provided. All persons have the right to be treated fairly, with dignity and be free from discrimination. In that context, Canada notes with concern the observations of the Committee of Experts regarding shortcomings in both Libya’s draft Constitution and the Labour Relations Act of 2010 to effectively prevent discrimination in employment as well as other reports indicating that Libyan workers face human rights violations and discriminatory labour practices, particularly women, internally displaced persons, journalists and activists.

Canada remains deeply concerned about continued reports of racial and ethnic discrimination against migrant workers – particularly accounts of forced labour of migrant workers from sub-Saharan Africa – and the apparent lack of effective measures taken by the Government to address the discrimination, and the human and labour rights violations perpetrated against these persons. Canada strongly condemns all forms of forced labour, trafficking in persons and slavery, including against vulnerable migrants seeking a new home and a better life.

While acknowledging the complexity of the political situation in Libya and the ongoing armed conflict in the country, Canada nevertheless urges the Government of Libya to:

(i) ensure that all persons in Libya are protected against direct and indirect discrimination in employment and occupation in both law and practice, including discrimination based on race, ethnicity, gender and political opinion;

(ii) remedy the current situation of gender, racial and ethnic discrimination against all persons, including Libyan and migrant workers;

(iii) bring an end to forced labour practices, including trafficking in persons for the purposes of sexual exploitation, and ensure perpetrators are brought to justice; and

(iv) promote tolerance and respect among Libya’s diverse population and towards migrant workers, including those from sub-Saharan African countries.

Canada looks forward to the Government of Libya reporting in detail in the near future on all measures taken to achieve these objectives.

Observer, World Federation of Trade Unions (WFTU) – Convention No. 111 is an important tool to combat all forms of discrimination in the area of employment. Therefore, the Convention does not run counter to the deep convictions of the Libyan people, who have already adopted, over a period of centuries, moral standards that promote equality between human beings.

We would like to stress the shared destiny and the age-old fraternity of Tunisian and Libyan workers, and we consider them to be in fact a strategic extension of each other. We therefore fully encourage the Government to adopt laws that respect the spirit of the Convention and lay the civil legal foundations for freedom of association and equality between human beings. We also believe that this is the right time to adopt these laws; their adoption will help to mobilize world public opinion against the aggression that the legitimate Government is currently facing.

Finding time for the adoption of these laws in the context of war is difficult, but will demonstrate that the legitimate Libyan Government and Parliament are on the path towards democracy, equality and respect for human rights.

From Tunisia, the cradle of the Arab Spring, we express our unwavering support for the legitimate Libyan Government in this democratic process. We support the Libyan people in the fight for their right to dignity, prosperity and peace in the face of barbarism, militarism and crimes against humanity that spare neither women nor children, nor the country’s vital infrastructure.

The adoption of legislation inspired by Convention No. 111 lays the foundation for a free, democratic and independent Libya where life is good, free from bombing, forced exile, racism and dictatorship and the seeds of equality, social justice and political stability are nurtured.

Observer, International Transport Workers’ Federation (ITF) – I will speak to the issue of racial and ethnic discrimination against migrant women workers as referred to in the experts’ observations and to discrimination against women workers generally.

I think it is safe to assume that the tripartite constituents of this Committee are united in recognizing the complexity of the situation on the ground – one marked by years of conflict that has decimated the economy of Libya. Nevertheless, I think we are equally as united in recognizing the need for the Government to be guided by the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205) which, among other things, sets out measures to combat discrimination, including gender-based discrimination, in situations of conflict.

According to the latest figures from the IOM, women make up 11 per cent of the migrant population of Libya. The United Nations Support Mission in Libya, found that an overwhelming majority of women and older girls, who passed through Libya as migrants, reported sexual abuse by traffickers. They also found that women migrants are particularly vulnerable to abuse and ill treatment in detention in Libya, especially in the absence of female guards. This is exacerbated by the fact that women and unaccompanied minors are not recognized as vulnerable groups requiring greater attention.

According to the Global Initiative against Transnational Organized Crime, many migrant women in Libya go to work into private households as maids, or sometimes sold to brothels. This is especially the case for Nigerian women who are the cohort most at risk of falling victim to human trafficking.

Given this background, and the very real phenomenon of multiple discrimination, the Government should intensify efforts to address women migrant workers’ vulnerabilities to violence and trafficking.

It is important to note that according to the ILO, women only make up 34 per cent of the economically active population of Libya. The equivalent figure for men is 61 per cent.

A recent report by the Friedrich Ebert Foundation found that female labour market participation in Libya is limited to just four sectors – public administration, education, healthcare and social security. As economically active women workers are concentrated in a small number of sectors, there would be few alternative opportunities for them to enter the job market if jobs in those sectors were not available. Therefore, we can only reach the conclusion that there are some administrative practices that encourage employment of women only in certain sectors.

Gender-based occupational segregation is one of the most insidious aspects of gender inequality in the labour market since it is generally accompanied by lower pay and poorer working conditions. Indeed, gender-based occupational segregation as a form of discrimination is recognized in Convention No. 111.

While fully cognisant of the difficulties on the ground, the Libyan Government should aim to address the extremely serious issues faced by women workers, including migrant women workers, as a matter of urgency. We would all like to see a prosperous Libya that guarantees decent work for all workers and we are ready to assist.

Worker member, Zimbabwe – I speak on behalf of the Southern African Trade Union Coordinating Council (SATUCC). We are worried about the persistence of unequal remuneration and discrimination in Libya, and especially of the deteriorating incidence of slave markets and slave labour in Libya. This horrific practice is mainly targeted at migrant workers, especially blacks from Africa south of the Sahara. We note the efforts of this Conference in the past to address these concerns and we wish to express genuine worries and fears that the persistence of unequal remuneration and discrimination against migrant workers in Libya would only open the door to more grievous forms of workers’ rights abuses in Libya.

We find it helpful that the Committee of Experts notes with interest that article 6 of the August 2011 Libyan Constitutional Declaration and article 7 of the draft Libyan Constitution awaiting passage through referendum provide that all Libyans are equal before the law and that they enjoy equal civil and political rights and equal opportunities in all areas without distinction on the basis of religion, belief, language, wealth, gender, kinship, political opinion, social status or tribal, regional or familial adherence. Yet, these provisions do not include reference to the grounds of race, colour and national extraction. The same applies to section 3 of the Labour Relations Act of 2010 which also does not cover other nationalities, races and social origins.

We are pleased that the Committee of Experts has demanded that the Libyan Government should consider amending article 7 of the Draft Libyan Constitution to ensure that the grounds of race, national extraction and social origin are included as prohibited grounds of discrimination, and also define “discrimination” and ensure that section 3 of the Labour Relations Act of 2010 includes reference on discrimination on the grounds of nationalities, races and social origin.

We understand that the persistence of conflict in Libya continues to exacerbate the cases of discrimination against migrant workers, especially black workers. The continued fragility of the Libyan State and the multiple spheres of autonomous political authorities, including the ones controlled by organized criminal networks, continue to pose a threat to the safety and dignity of migrant workers. We therefore urge that support from the international community be prioritized and genuinely mobilized to defuse political instability in Libya.

If measures to ensure accountability for actors in Libya who operate and promote modern slave markets, slave labour and commercial migration are weak and inadequate, the crises will persist. It is therefore imperative that Libya is assisted to revive and restore mechanisms for the effective application of the rule of law.

Furthermore, it is our measured opinion that justice, especially by way of remedies, rehabilitation and compensation for victims of slave labour and commercial migration should be devised and deployed.

Government representative – First and foremost, my thanks to all of those who have taken the floor in this debate. I would like to offer some clarifications if I may. What Libya is suffering from currently at this stage stems from the instability and the ongoing conflicts in certain zones and I can guarantee that our Government is making every possible effort in the safe zones – for example, in the safe zones there are no such violations. The violations that we are looking at today are isolated cases perpetrated by criminal organizations in some of the conflict zones. The Libyan people are a part of the African continent. We can offer proof that all African and non-African workers that are in the safe zone – the safe areas – are experiencing a normal life in normal conditions. The Government, for its part also, supports and encourages every person to seek the settlement of any dispute through legal remedies. I am taking into account what was said by the Committee of Experts regarding the amendment of the Labour Relations Law. We take note of all those observations and we shall present these in the debate in Parliament on the review of this Law.

We also undertake to review as soon as possible the comments made about the draft Constitution. We shall submit these observations to the working group which is currently reviewing the draft Constitution.

Worker members – We would like to thank the Libyan representative for the information provided during the discussion and the speakers for their contributions.

As we have seen, there are still legislative gaps with regard to discrimination, and the draft Constitution pending approval by referendum does not explicitly set out all the prohibited grounds for discrimination, specifically those relating to race, national extraction and social origin. We therefore call on the Government to explicitly include these three grounds in article 7 of the draft Constitution.

We also call on the Government to ensure that protection against discrimination in employment and occupation apply to everyone, and not just Libyan citizens. The term “discrimination” is also not defined in the Labour Relations Act (2010). As indicated by the experts in the 2012 General Survey, a clear and comprehensive definition should be provided. The Labour Relations Act (2010) must also be brought into line with Convention No. 111 by adding an explicit reference to the grounds of race, colour, sex, religion, political opinion and national extraction.

We would like to join the Committee of Experts in inviting the Government to provide information on the concrete measures taken to ensure the prohibition in law and in practice of direct and indirect discrimination on all of the grounds set out in Convention No. 111.

We also request the Government to take urgent and effective measures to end the serious discrimination suffered by migrant workers, particularly those from sub-Saharan Africa. As suggested by several speakers, special attention should be paid to women workers in general, and particularly women migrant workers.

The Government must also ensure that victims of discrimination have access to justice. It is absolutely essential that these persons can obtain compensation for their damages. These persons, as well as witnesses, must also benefit from measures protecting them from reprisals. In addition, the perpetrators of discriminatory behaviour must be subject to effective, proportionate and dissuasive penalties.

Capacity-building for inspection services with a view to combating all forms of discrimination in employment and occupation seems to us to also be a fundamental issue on which the Libyan Government must work.

Lastly, we call on Libya to implement Article 5 of Convention No. 111, which authorizes the introduction of measures that I will call “positive discrimination” measures, thus making it possible to remedy the effects of past and present discriminatory practices and promoting equal opportunities for all. Such measures could be useful for all population groups currently suffering from discrimination in Libya, and particularly men and women migrant workers from sub-Saharan Africa.

In order to implement all these recommendations, we request the Government to seek technical assistance from the ILO. This seems to us to be necessary and essential.

Employer members – We thank all the speakers, and in particular the Libyan Government, for the information that it has just provided to the Committee with regard to bringing national law and practice into line with the Convention. Regarding the substance, we underline the fact that Convention No. 111 is a fundamental Convention and for that reason it warrants particular attention from the ILO, governments and the social partners. Discrimination in employment and occupation is not only a violation of a human right but also a major obstacle to the development of workers and the use of their full potential.

As regards national legislation against discrimination, and in particular the definition of non-discrimination and the full list of protected grounds, we urge the Government to fill the gaps in its legislation without delay.

As regards combating discriminatory treatment suffered by migrant workers originating from sub-Saharan regions, in particular forced labour practices, the Employers’ group vigorously calls upon the Government to put a stop to such treatment through radical and effective action. We are aware of the complexity of this issue. Ensuring conformity has been made more difficult by the climate of tension and political instability which has existed on the ground for a number of years. We are also aware of this.

However, the Employers’ group urges the Government to take the necessary initiatives to re-establish the state of law. We encourage it to continue its cooperation in the context of ILO technical assistance projects aimed at promoting equitable and effective policies relating to labour migration.

We reiterate that, in future, government authorities must provide the requested information in a timely fashion. We insist that the information must be specific and relevant in order to be able to assess tangible and effective progress in law and practice. We count on the positive attitude of the Government so that this case does not need to reappear before our Committee.

Conclusions of the Committee

The Committee took note of the information provided by the Government representative and the following discussion.

The Committee deplored that persons from sub-Saharan countries are being sold in slave markets and that they are subjected to racial discrimination.

The Committee took note of the Government’s commitment to ensure compliance with Convention No. 111. Taking into account the discussion, the Committee calls on the Government to:

- take concrete actions to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice;

- ensure that legislation covers, directly or indirectly, all the recognized prohibited grounds for discrimination set out in Article 1, paragraph 1(a) of the Convention, and take measures to prohibit discrimination in employment and occupation in law and in practice;

- include a definition of the term “discrimination” in the 2010 Labour Relations Act;

- ensure that migrant workers are protected from ethnic and racial discrimination and from forced labour;

- educate and promote equal employment and opportunities for all;

- 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, to put an end to forced labour practices; and

- conduct studies and surveys to examine the situation of vulnerable groups, including migrant workers, in order to identify their problems and possible solutions.

In this respect, the Committee invites the Government to continue to engage and actively participate in ILO technical assistance in order to promote equitable and effective labour migration policies.

The Committee asks the Government to provide detailed information on the concrete measures taken to implement these recommendations at the next meeting of the Committee of Experts.

Government representative – We have taken due note of these conclusions and we commit ourselves to transmitting regular reports to you. We will certainly spare no effort in the near future in seeking to give effect to these conclusions. Allow me, while I have the floor, to thank all of those who were involved in elaborating the conclusions. Thanks also go to all of those who participated in the discussion and to the delegation of Libya.