Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Protection of Wages Convention, 1949 (No. 95) - Libya (Ratification: 1962)

The Committee notes the Government’s report and the explanations given in response to the comments made in October 2000 by the International Confederation of Free Trade Unions (ICFTU) concerning the situation of sub Saharan migrant workers in Libya.

The Committee recalls that, according to the allegations of the ICFTU, thousands of workers from different African countries have been forced to leave the country without receiving the wages owed to them. In its reply, the Government dismisses the allegation that all Africans have been expelled from the country regardless of their situation and states that there are at present thousands of foreign workers, African and others, with valid work authorizations and residence permits in the country. The Government adds that the displacement of some African illegal immigrants was undertaken in full coordination with their respective home countries and that Libya covered all the costs of their repatriation. Moreover, the Government indicates that no complaint has so far been received from any citizen or trade union organization in connection to those allegations and that it would be ready to hear any such complaint and eventually make full restitution in accordance with national laws applicable in this matter. As regards the violent incidents reported in the communication of the ICFTU, the Government considers the news accounts on those events to be grossly exaggerated and in any event unrelated to labour matters.

The Committee notes this information. It hopes that the Government will take all measures with a view to establishing whether any amounts are due to the workers who were expelled, and eventually settling such outstanding payments. The Committee would appreciate receiving further details on the circumstances surrounding the deportation of the foreign workers considered to be illegal immigrants, in particular the levying of money, if any, by the Libyan immigration authorities. In addition, the Committee requests the Government once again to supply full information on the measures taken to ensure the final settlement of wages for the Palestinian workers, other than those with employment permits and formal contracts, on which the Committee has been commenting for many years.

In addition, a request regarding other points is being addressed directly to the Government.

[The Government is asked to report in detail in 2002.]