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

Abolition of Forced Labour Convention, 1957 (No. 105) - Libya (Ratification: 1961)

Article 1(a), (c) and (d) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline or participation in strikes. For a number of years, the Committee has been referring to various provisions of the Publications Act No. 76 of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population. The Committee also noted the Government’s indication in its previous reports that the Publications Act would be amended to take into account the Committee’s comments.

The Committee notes the Government’s indication in its report that following the establishment of the revolutionary Transnational Council, laws that were not into conformity with the principles of freedom and democracy were suspended, including Publications Act. Once the first Government was formed, ministerial sectors sought to draft new legislation including, a trade unions act, a civil society organizations regulatory act and a press act. These bills have not been promulgated yet because no national Constitution has been promulgated. The Government also indicates that, once a permanent Constitution is promulgated, the bills will be submitted to the competent authority for promulgation.

The Committee notes furthermore from the Report on the Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya of 15 February 2016 that journalists have faced serious harassment and death threats; some have been subjected to arbitrary detention, abduction and attempted assassination. Female journalists have also been targeted on the basis of their gender. The deaths of several journalists reported to OHCHR require further investigation. Media offices have been raided and attacked. Journalists also face criminal prosecution for defamation and libel for writing on political matters (A/HRC/31/47, paragraph 50).

The Committee must express its deep concern at the current human rights situation in the country and recalls that restrictions on fundamental rights and liberties, including freedom of expression, may have a bearing on the application of the Convention, if such measures are enforced by sanctions involving compulsory labour. While remaining aware of 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 ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee trusts that the necessary measures will be taken to bring its legislation into conformity with the Convention, and requests the Government to provide information on the progress made with regards to the adoption of the new legislation.