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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Libya (Ratification: 1961)

Article 2 of the Convention. Lack of national policy on equality. In previous observations, the Committee noted that there was no comprehensive legislation to prevent and prohibit direct and indirect discrimination in all aspects of employment and occupation on the grounds contained in Article 1(1)(a) of the Convention. Noting that the Government’s report is silent in that regard, the Committee wishes to recall that the primary obligation of ratifying States under this Convention is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Convention requires the national equality policy to be effective. It should therefore be clearly stated, which implies that programmes should be or have been set up, all discriminatory laws and administrative practices are repealed or modified, stereotyped behaviours and prejudicial attitudes are addressed and a climate of tolerance promoted, and monitoring put in place (see 2012 General Survey on the fundamental Conventions, paragraphs 841–844). Consequently, the Committee 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 men and women with respect to employment and occupation. The Committee notes that under article 2 of the Libyan Political Agreement of 2015 (LPA 2015), the Government of National Accord shall give the necessary consideration to the geographic dimension, cultural components and fair representation of women and young people when selecting its members. Additionally, article 11 of the LPA 2015 provides that the Government of National Accord shall commit itself to the formation of a Women’s Empowerment Unit under the Presidency of the Council of Ministers. Annex 2 of the LPA 2015 further treats the establishment of the Women Empowerment Unit and the provision of the necessary resources as well as its representation in all committees and bodies that emanate from the LPA 2015, as a priority. The Committee further notes, from the 2015 Report of the Working Group on the Universal Periodic Review on Libya, that the Government considers that the low representation of women in political life finds its source in the culture of Libyan society rather than in legislative restrictions (A/HRC/30/16, 22 July 2015, paragraph 101). The Committee asks the Government to indicate if the Women’s Empowerment Unit has been established, and to provide information on its mandate as well as on its actions to specifically promote women’s participation in employment and occupation. Further, considering the Government’s explanation that women’s low participation in political life is due to cultural reasons, the Committee asks the Government to provide information on the measures taken to protect and encourage women’s participation in political life, as well as on any awareness-raising activities to address the stereotypical views of women’s capabilities and their roles in society.

Article 5. Special measures of protection. The Committee notes the Government’s general statement that equality in employment and occupation applies to women and men except on matters which are specific to women such as reducing hours of work in some professions during pregnancy, maternity leave and the breast feeding period. It notes, however, that section 24 of the Labour Relations Act of 2010 provides that women shall not be employed in types of work that are unsuited to their nature as women, to be defined in regulations issued by the General People’s Committee. It also notes, from the Government’s 2015 National Report submitted to the Working Group on Universal Periodic Review, that the Government refers to Law No. 58 (1971), section 95 of which prohibits women employment in difficult or dangerous jobs (A/HRC/WG.6/22/LBY/1, 5 May 2015, paragraph 59). The Government further explains that the rights granted to women are equal to those of men, but they are not completely identical given the qualitative and natural differences between the sexes (paragraph 60). In this respect, the Committee recalls that in its 2012 General Survey (paragraphs 838–840), it emphasises the distinction to be drawn between special measures to protect maternity (in the strict sense), which come within the scope of Article 5 of the Convention, and measures based on stereotypical perceptions of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment. Provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Moreover, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men. The Committee asks the Government to ensure that special measures for the protection of women are limited to that which is necessary to protect maternity (in the strict sense), so as not to impede women’s access to employment and occupation. The Committee also asks the Government to provide information on the types of jobs that women are prohibited from entering under section 24 of the Labour Relations Act (2010) and section 95 of Law No. 58 (1971), as well as information on their application in practice.

Cooperation with the social partners. The Committee asks the Government to indicate the manner in which it is cooperating with the workers’ and employers’ organizations in promoting the acceptance and observance of equality of opportunity and treatment in employment and occupation with respect to all the grounds contained in the Convention.

[The Government is asked to supply full particulars to the Conference at its 108th Session and to reply in full to the present comments in 2019.]