Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information contained in the Government's report received in August 2020 in reply to the Committee’s 2018 observation. The Committee takes note of the complexity of the situation prevailing on the ground and the armed conflict in the country.

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 in the CAS, 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 to 3 of the Convention. Implementation of an active employment policy. Consultations with the social partners. The Committee notes from the Government’s report, as well as from the 2020 National Report submitted to the Working Group on Universal Periodic Review (the 2020 UPR report), that article 56 of the draft Constitution of Libya states that all citizens have the right to work and the Government strives to create job opportunities through stimulation of the economy, investment promotion and youth employment plans and programmes. The UPR report indicates that the Ministry of Labour and Rehabilitation has worked on the adoption of a package of practical measures to achieve these goals. These include the expansion of training programmes aimed at work in the private sector and of development projects. In addition, the Ministry of Labour is seeking to facilitate work and employment on development projects and in the construction sector, one of the most labour intensive sectors. In partnership with the private sector, the Ministry of Labour has identified a number of promising employment areas in new professions and is encouraging young people to receive training in these fields. In this respect, training initiatives on the use of solar and renewable energy and sea fishing, among others, have been rolled out (document A/HRC/WG.6/36/LBY/1, 18 August 2020, paragraph 42(b)–(d)). The Committee also takes note of the Libya Economic Monitor of the World Bank (WB) of July 2020, which indicates that the Libyan economy has recently been hit by four overlapping shocks: an intensifying conflict that suffocates economic activity; the closure of oil fields, which has placed the country’s major income-generating activity largely on hold; decreasing oil prices that reduce income from oil production in surviving fields; and the COVID-19 pandemic, which threatens to further suppress the economy. The 2020 WB report emphasizes that the armed conflict and the blockade of the country’s major oil ports and terminals in January 2020 generated the most serious political, economic and humanitarian crisis faced by Libya since 2011. The economic impact had already been felt in 2019 as real GDP growth slowed sharply to 2.5 per cent down from a period of steady recovery during 2017–18. Moreover, the country is expected to suffer from a deep recession in 2020, with GDP projected to shrink by about 41 per cent. The Committee notes that the Government, referring to the special circumstances in the country, requests technical assistance from the Office. The Committee encourages the Government to take the necessary steps to avail itself of ILO technical assistance to enable it to develop, adopt and implement without delay an active national policy designed to promote full, productive and freely chosen employment, in consultation with the social partners. It requests the Government to provide detailed updated information on the measures taken and the progress made in this regard.

Article 2. Employment trends. Labour market information. The Committee notes the estimates provided by the Government regarding employment trends in 2020, in reply to its previous comments According to the Centre of Information and Certification, the working population (aged 15 to 64 years old) is estimated at 4,750,000 (61 per cent of the total population), of whom 70 per cent make up the labour force. The Government adds that 86 per cent of the labour force is employed, while the remaining 14 per cent is seeking employment. In this regard, the Committee notes the statistical information provided by the Government on the number of jobseekers as of 23 March 2020, disaggregated by age, sex, qualifications and region. The Government reports that at that time there were 128,678 jobseekers (56 per cent women) registered in the 76 labour offices. The majority of these jobseekers are registered in the Western (55 per cent) and Central regions (27 per cent). Noting that the Government does not provide information on the nature or impact of measures taken to improve the labour market information system, the Committee reiterates its request in this regard. It also reiterates its request that the Government 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 continue 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 visible underemployment.

Promotion of SMEs. In reply to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour and Rehabilitation pays attention to the principle of partnership with the private sector, in compliance with the UN Sustainable Development Goals (SDGs). It also seeks to take different national initiatives in areas which strengthen capacity building in the Libyan labour market through measures and means which are suitable for this current phase. The Government refers to the implementation of several programmes and projects by the Financial Support Fund, reactivated under Decree No. 237 of 2018 of the Ministry of Labour, to create job opportunities for job seekers through promoting different economic activities, together with the social partners. In 2020, the Financial Support Fund formulated an operational plan of action under the general executive programme to fund economic projects. In addition, several memoranda of understanding (MoUs) regarding the funding of small and medium-size enterprises (SMEs) were concluded to activate the partnership between the private and public sectors with a view to increasing employment opportunities. The Committee requests the Government to continue to provide detailed updated information on the nature and the impact of the measures taken to create an enabling environment for sustainable enterprises, particularly for small and medium-size enterprises, as well as other entrepreneurship opportunities that can contribute to income-generation opportunities and generate employment.

Employment of women. The Committee notes the Government’s indication in its 2020 UPR Report that women make up a large proportion of the national workforce in all areas, and that this proportion is increasing annually. The Government states that, according to official statistics, women represent 37 per cent of the workforce, while the proportion of women working in leadership roles and in the judiciary has increased (document A/HRC/WG.6/36/LBY/1, paragraph 63). The Committee also notes the information provided by the Government with respect to the measures taken to increase the labour force participation rate of women, including in managerial and decision-making positions across all economic sectors. In particular, the Government refers to the establishment of the women’s support and empowerment unit pursuant to Decree No. 210 of 2016. The Government adds that several women’s empowerment units have been set up in various ministries. The Government also refers to a campaign aimed at combating violence against women with the participation of the Women’s Support and Empowerment Unit. In the framework of this campaign, several recommendations were formulated, which are currently being carried out within the strategic plan of the Unit. The recommendations include establishing a 30 per cent quota of women in leadership positions, an obligation of providing a conducive environment for persons with special needs and women with disabilities in state institutions, a working group to conduct a study on violence against women in the work environment. Furthermore, the Government indicates that it envisages formulating policies aimed at increasing women’s representation in political life, which remains weak. Lastly, the Government reports that, according to statistics issued by the Documentation and Information Centre on 17 June 2020, a total of 1,127,730 women were employed in the public sector. The Committee requests the Government to continue to provide detailed updated information on the nature of the measures taken to increase the participation of women in the labour market, including in managerial and decision-making positions in both the public and private sectors. It also requests the Government to provide detailed updated information on the impact of such measures, including updated statistical data, disaggregated by age, sex and economic sector or occupation.

Persons with disabilities. In its previous comments, the Committee requested 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 requested 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. The Government refers to the implementation of the strategic objectives of the Persons with Disabilities Support and Empowerment Unit under the Ministry of Labour and Rehabilitation. The strategic objectives include the provision of training and rehabilitation to persons with disabilities and the establishment of effective communication mechanisms between employers and jobs seekers with disabilities. The Government also refers to, among other activities, the launching of awareness-raising campaigns on the rights of persons with disabilities addressed to the social partners and the creation of a database on persons with disabilities of working age. The Government reports that as of 2020, there are 236 persons with disabilities working in the public sector, of whom 68 are women. The Committee requests the Government to continue to provide detailed updated information, including statistics disaggregated by sex and age, on the nature and the impact of measures adopted or envisaged to promote the employment of workers with disabilities on the open labour market, and in particular measures aiming to increase the numbers and proportion of women with disabilities in employment .

Migrant workers. The Committee notes the Government’s indication that special efforts have been undertaken by the Ministry of Labour and Rehabilitation in collaboration with numerous countries to identify migrant and casual workers working in the informal economy, with a view to protecting their rights in conformity with international conventions. Moreover, the Government refers to the adoption of a national strategy for the development of human resources aimed at providing guidance and counselling to new migrant workers entering the Libyan labour market. The Committee notes that, in its 2019 concluding observations of 8 May 2019, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) noted that the Government is in the process of drafting a new labour law aimed at increasing protection of the rights of migrant workers and members of their families. The CMW nevertheless expressed concern about reports that migrant workers and members of their families, who are detained by the Directorate for Combating Illegal Migration, armed groups, smugglers or traffickers, are frequently subjected to forced labour. The Committee also expressed concern at the large number of reports of collusion and complicity of some representatives of State institutions with smuggling and trafficking networks. It also expressed concern that migrants in an irregular situation are frequently not paid for work performed, do not receive the amount of money agreed, or are denounced to the Directorate by their employers after having accomplished their work (document CMW/C/LBY/CO/1, paragraphs 12, 26 and 36). The Committee emphasizes that forced or compulsory labour, where it exists, is incompatible with the principle of freely chosen employment set out in Article 1(3) of the Convention. The Committee requests the Government to provide detailed information on the steps taken to address reported cases of abuse of migrant workers and their families, including those who are detained by the Directorate for Combating Illegal Migration. It further requests the Government to provide information on the progress made in drafting the new labour law aimed at increasing protection of the rights of migrant workers and their families and the development and adoption of any strategy addressed to tackle irregular migration, and to provide a copy once they are adopted. Finally, the Committee requests the Government to provide updated detailed information on measures taken or envisaged to promote the employment of migrant workers.

COVID-19 pandemic. Socioeconomic impacts. Response and recovery measures. The Committee notes the supplementary information provided by the Government with respect to the response measures it has taken to mitigate the serious effects of the COVID-19 pandemic. The Government indicates that, based on a proposal put forward by the Presidential Council to address the impact of the pandemic, the Libyan-Korean Centre at the Ministry of Labour and Rehabilitation has turned the training line for sewing operators into a production line, under the supervision of the Women’s Support and Empowerment Unit in the Ministry of Labour. The Centre manufactures protective masks and contributes to the manufacture of specialized medical apparel for hospitals and health centres in Tripoli and the Southern region. Moreover, the Government indicates that the Women’s Support and Empowerment Unit has submitted a proposal for a contingency plan against COVID-19 to the Head of the Government of National Unity which proposes, among other measures, ensuring the availability of adequate food and medical supplies in all regions; and adopting urgent measures to provide support to displaced families and for groups in need of health and nutritional care and assistance. In this context, recalling the comprehensive guidance provided by international labour standards, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the global COVID-19 pandemic and the nature and impact of concrete measures taken to address it on the achievement of the objective of full, productive and freely chosen employment.