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

Employment Policy Convention, 1964 (No. 122) - Libya (Ratification: 1971)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee recalls the discussion that took place in the Conference Committee on the Application of Standards (CAS) at its 107th Session in May–June 2018 concerning the application of the Convention. Acknowledging the complexity of the situation prevailing on the ground and the presence of armed conflict, the CAS highlighted the impact and consequences of conflicts on poverty and development, decent work and sustainable enterprises, and recognized the importance of employment and decent work for promoting peace, enabling recovery and building resilience. Taking into account the Government’s submission and the discussion, the Committee requested the Government to provide information regarding updated statistics on the labour market, disaggregated by sex and age; information on the labour market strategy and the way in which employment objectives are to be achieved; information on progress made in the compilation and analysis of labour market data; and information on measures to promote the establishment and development of small and medium-sized enterprises (SMEs) as well as measures introduced to increase the participation in the labour market of persons in vulnerable situations. The CAS urged the Government to submit a detailed report to the Committee of Experts at its November 2018 session. It also urged the Government to avail itself of ILO technical assistance to adopt and implement without delay an active policy designed to promote full, productive and freely chosen employment, in consultation with the social partners. The CAS called on the ILO, the international community and employers’ and workers’ organizations to collaborate with the goal of reinforcing the labour administration system in Libya so that full, productive and freely chosen employment could become a reality in the country as soon as possible.

Articles 1, 2 and 3 of the Convention. Implementation of an active employment policy. Consultations with the social partners. The Committee welcomes the information provided in the Government’s report. In respect of the national labour market strategy and the means for achieving the objectives of the Convention, the Government indicates that the Libyan National Strategy for Human Development and Empowerment for 2013–2014 (the Strategy) focused on: transformational training for graduates whose qualifications do not meet labour market requirements; promotion of self-sufficiency through the creation of SMEs; and the establishment of a comprehensive human resources and employment database to identify human resource requirements. The Strategy also specifies six key strategic objectives in relation to training and the workforce, which are to: increase the rate of full and decent employment for all those able to work; address the problems of seasonal and underemployment and consider enforcing the social security law to avoid criminal behaviour that could result from an interruption of income; emphasize vocational guidance and counselling for new entrants to the labour market and expand the participation of the private sector in vocational and technical training; increase the number of seminars and studies on human resources and enabling participation in these at home and abroad, as well as reviewing recruitment policies, activities and procedures and develop legislation in response to globalization; promote women’s empowerment and capacity building; change stereotypes with respect to women’s work; restructure the labour market to respond to requirements in the area of globalization and information technology; and develop methods and mechanisms of training and vocational and technical rehabilitation which respond to the introduction of advanced methods in the field of training, including continued distance training, transformational training and other training modalities. The Committee requests the Government to provide information on progress made in the implementation of the Libyan National Strategy for Human Development and Empowerment for 2013–14 and on its impact in terms of promoting full, productive, freely chosen and sustainable employment opportunities, as contemplated in Article 1 of the Convention.

Article 2. Employment trends. Labour market information. The Government reports that the Documentation and Information Centre of the Ministry of Labour and Rehabilitation launched a system for gathering data on the labour force in the public and private sectors, as well as data on jobseekers. According to the report, the total number of people in employment in both the public and private sectors is 1,827,692, out of which 738,608 are women, and 1,089,084 are men. The data also indicates that 170,643 of the employed population are in the 18 to 25 age bracket and 1,657,049 are over 25. It further notes that, according to the adjusted data, in 2017, the number of jobseekers reached a total of 205,000 persons. The Committee notes, however, that the Government provides no information on the year for which this information is applicable. The Government indicates that the Ministry’s centres and affiliated institutes (such as the Libyan-Korean Institute affiliated to the Ministry of Labour) provide training to registered jobseekers and graduates in several fields. It adds that as a result, several trainees have found employment either in the National Oil Corporation, and others in the private sector. The Government further reports that the Libyan multi-purpose survey project for the period 2017–18 has been implemented and that its results will be used to inform the development of an employment policy, in collaboration with the social partners. It adds that in mid-August 2018, a technical delegation from the International Labour Organization (ILO) visited Libya to discuss with the Minister of Labour the establishment of an ILO representation office in Tripoli, which would support comprehensive cooperation between the Ministry of Labour and the ILO to achieve common goals, especially on the topics of: restructuring; the digital Government; archiving and the development of the public sector; illegal migration; and rehabilitation and training programmes. The Committee requests the Government to provide detailed updated information on the impact of measures taken to improve the labour market information system. It also requests the Government to indicate the manner in which the labour market information obtained is used, in collaboration with the social partners, for the formulation, implementation, evaluation and modification of active labour market measures. The Committee further requests the Government to provide updated statistics, disaggregated by sex and age, concerning the size and distribution of the labour force, the type and extent of employment, unemployment and underemployment.

Promotion of SMEs. The Government indicates that the National Programme for Small and Medium-sized Enterprises was established to promote a culture of innovation and create a supportive environment for SMEs. In October 2017, the National Reconciliation Government launched a pilot programme to finance SMEs, with the aim of providing job opportunities to youth and reducing unemployment. The programme was intended to provide financial loans to entrepreneurs through commercial banks backed with guarantees from the Lending Guarantee Fund. In addition, business incubators were to be set up throughout the country to provide assistance for projects and to train those responsible for the projects and assist them in preparing their workplans. Commercial banks would undertake to finance up to 60 per cent of the project’s cost, provided that supporting project funds contributed 30 per cent of the total value of the project and the beneficiary of the project paid 10 per cent of the remaining cost. The Committee notes that ten business incubators were launched at Libyan universities to provide and support graduate students in cooperation with the Libyan Oil Corporation, to open centres in fields such as Jallow and Uppari to train young people and help them finance their own projects. It further notes that, in cooperation with international organizations such as Expertise France, several boot camps were held in Tunis to train young entrepreneurs and assist them in setting up projects. The Committee requests the Government to continue to provide detailed updated information on the impact of the measures taken to generate employment through the promotion of SMEs and entrepreneurship opportunities.

Employment of women. The Government indicates that the Presidential Council of the National Reconciliation Government has attached particular importance to the rights of women and persons with special needs to work without neglecting the rights to education, health, development and other rights that respect the religious and cultural identity of the Libyan people. In this regard, the Council issued Resolution No. 210 of 2016 establishing a support and empowerment unit for women employed in state institutions. The Committee also notes that Law No. 2 of 2018 issued by the Presidential Council provides for the implementation of the Convention on the Elimination of All Forms of Discrimination against Women, ratified on 16 May 1989. The Committee requests the Government to provide detailed information, including updated statistical data, disaggregated by age, sex and economic sector or occupation, on the impact of labour market measures taken to increase the labour force participation rate of women, including in managerial and decision-making positions across all economic sectors.

Persons with disabilities. The Government reports that a special programme has been created for people with disabilities, including young persons with disabilities due to the conflict. The Committee notes that, in 2009, the number of people with disabilities in Libya was 70,721, out of which 3,879 hold postgraduate or university degrees, while 14,525 are illiterate and 13,159 are unable to learn. In this regard, the Government indicates that the General Authority of Families of Martyrs, Amputees and Missing Persons (the “Authority”), in collaboration with the National Programme for Small and Medium Enterprises, established a special programme for entrepreneurs, known as “Ademeni” (Support Me). The programme aims to improve the working capacity of people with disabilities and to prepare them for employment. The programme focuses, among other things, on education and training, including in information technology, needs assessments, capacity building, support and training of non-governmental organizations and employment services, raising companies’ awareness of the benefits of employing persons with disabilities, and promoting entrepreneurship for persons with disabilities who wish to start private businesses. The Committee notes that the Presidential Council has issued Publication No. 2 of 2018 to implement the provisions of the International Convention on the Rights of Persons with Disabilities, ratified by Libya on 13 February 2018. The role of the Presidential Council, in this regard, is to promote the access of persons with disabilities to employment opportunities guaranteed to them by the legislation. In this context, the Government indicates that ministries, public institutions, bodies and companies are required to comply with the legislation in force. The Committee notes that Law No. 3 of 1981 and Law No. 5 of 1987 (on persons with disabilities) stipulate that persons with disabilities should be provided with “a suitable job” and that administrative units, companies and public facilities are required to hire a certain proportion of persons with disabilities. On 3 May 2012, the Minister of Labour and Capacity Building introduced a 5 per cent quota for persons with disabilities in state administrative jobs. The Committee requests the Government to provide updated detailed information on the impact of active employment measures taken to promote the employment of persons with both mental and physical disabilities. It further requests the Government to provide updated statistics disaggregated by age and sex, indicating the number of persons with disabilities employed in the public and private sectors.

Migrant workers. The Government reports that migrants in an irregular situation were reluctant to regularize their situation through registration, due to their fear of being repatriated and their desire to migrate to Europe through the country as one of the transit States south of the Mediterranean. The Committee notes that, in cooperation with neighbouring countries, countries of origin and relevant international organizations, the Government has made significant and positive progress in reducing irregular migration, urging migrants to obtain legal status in the country to enjoy rights guaranteed by law for voluntary employment or voluntary repatriation. The Committee requests the Government to provide updated detailed information on measures taken or envisaged to implement the recommendations of the Committee on the Application of Standards in relation to migrant workers.