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

Individual Case (CAS) - Discussion: 2019, Publication: 108th ILC session (2019)



Discussion by the Committee

Government representative – We would like to start by congratulating you on the Centenary of the ILO which represents a marking point in the history of the Organization. We also highly value the efforts of your esteemed Committee in enshrining the principles on which the ILO was founded in many fields of labour on top of which is supporting stability, protection and social justice.

With regard to the remarks in the report for 2019 regarding Libya and the application of Convention No. 111, we would like to inform you that the State of Libya, based on its religious dogma, has banned all forms of discrimination and has implemented the Convention through the Labour Relations Act No. 12 of 2010 and its Regulations. The Libyan Penal Code has criminalized all sorts of discrimination and from your esteemed remarks which focused on some isolated wrongdoings, we would like to reaffirm that the Government of National Accord has made all the necessary efforts in implementing the above referenced laws. For example, we have activated the role of labour inspectors and given them the status of judicial police officers so that they can monitor those infringements and the violations of Conventions. We would like to ask you to categorize Libya as an unstable country which is still experiencing political divisions and wars in many regions, the latest developments of which have seen combat around the outskirts of the capital which are still ongoing. Our Government commits to provide a detailed report on all the questions and remarks contained in the report as early as possible.

In conclusion, we would like to reaffirm that the State of Libya has fulfilled all its commitments over many years and cooperates with all the member States to achieve what we all seek for. We also trust that your esteemed Committee and all the member States will provide the technical support and assistance that we need in these exceptional circumstances, as we have been used to see before. We would like to reiterate our thanks to this Committee and the Committee of Experts.

Employer members – The Employers’ group would like to thank the Government for its comments and statements today. Libya ratified the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in June 1961. This fundamental Convention aims to guarantee human dignity and equal opportunities and treatment for all workers, prohibiting all discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Today is the first time that the Committee on the Application of Standards is examining the application of the Convention by Libya in law and practice. The Committee of Experts previously made two observations on this subject, in 2008 and 2010, and decided this year to give the case “double-footnoted” status.

Libya became an ILO Member in 1952 and has ratified a total of 29 Conventions comprising eight fundamental Conventions, two governance Conventions and 19 technical Conventions.

We note that the Government, supported by the United Nations, continues to struggle to exert control over territory occupied by rival factions which are intensifying the geographical and political divisions between the east, west and south of the country.

We emphasize that the Office is providing ongoing technical assistance to the Libyan Government to improve the labour situation. In particular, we underline the fact that three ILO technical assistance projects are under way to invest in human capital in Libya:

1. RBSA project concerning capacity-building for Libya’s constituents and national stakeholders to combat unacceptable forms of work and promote fair and effective policies in the area of labour migration. This is a reconstruction project to take action against unacceptable forms of work, in particular child labour, forced labour and trafficking. Results are expected with regard to the elimination of child labour and forced labour by means of a plan of action, including with respect to evaluation and improvement of the labour market, strengthening the capacities of the Libyan authorities regarding governance of the migration of workers and, last but not least, the role of the social partners in economic stability and the resolution of social disputes.

2. Resource mobilization project concerning jobs for peace and resilience. The aim of this project, supported by the Office, is to continue mobilizing resources to extend the work already done by the previous project.

3. Project concerning support for equitable migration for the Maghreb. The aim of this 36-month project, in collaboration with the Office and Italy, Morocco, Mauritania and Tunisia, is to improve the capacities of government actors and the social partners. Economic migration and the promotion of social dialogue are at the heart of subregional training courses organized by this project.

We encourage the Libyan Government to continue its commitment and its cooperation with the Office in areas such as non-discrimination, child labour, forced labour, trafficking in persons and labour migration.

Let us now turn to the main issues of non-conformity in law and practice identified by the Committee of Experts in its report on Libya.

The first issue is of a legislative nature. To recap, Article 1 of Convention No. 111 defines discrimination as including any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. This provision covers in general terms any discrimination that can affect equality of opportunity and treatment in law and practice, whether directly or indirectly. The Committee of Experts observed that a number of national legislations relating to the principle of equality before the law and equal opportunities are not in full conformity with the definition of discrimination or the grounds of discrimination enumerated in the Convention.

Firstly, article 6 of the Constitutional Declaration of 2011 does not contain any reference to the grounds of race, colour or national extraction. Secondly, article 7 of the draft Constitution does not include the grounds of race, national extraction or social origin and only refers to Libyan citizens. Thirdly, section 3 of the Labour Relations Act (2010) prohibits discrimination on the basis of “trade union membership, social origin or any other ground of discrimination”, whereas the grounds of race, colour, sex, religion, political opinion and national extraction are not explicitly mentioned. In addition, this provision does not include any definition of discrimination in employment and occupation.

In its communication to the Committee, the Government indicated that it was participating fully in the technical assistance projects.

The Employers’ group endorses the observations made by the Committee of Experts and supports their four recommendations aimed at ensuring conformity of the national legislation with the Convention.

First recommendation: consider amending article 7 of the draft Constitution to ensure that the grounds of race, national extraction and social origin are included as prohibited grounds of discrimination.

Second recommendation: include a definition of the term “discrimination” contained in section 3 of the Labour Relations Act (2010). As the experts recall, a clear and complete definition of discrimination in employment and occupation is vital for identifying numerous situations in which discrimination can occur and for taking corrective action.

Third recommendation: confirm that the grounds of race, colour, sex, religion, political opinion and national extraction would be included in the terms “any other discriminatory basis” of section 3 of the Labour Relations Act (2010) and revise section 3 to make that apparent.

Fourth recommendation: provide information on the concrete measures taken to ensure that direct and indirect discrimination on all of the grounds enumerated in Article 1 of the Convention are prohibited, in law and in practice.

In addition, the Employers’ group recommends that the government authorities consult the representative workers’ and employers’ organizations when introducing the recommended legislative amendments and reforms.

The second issue relates to the absence of measures taken by the Government to combat discrimination against migrant workers. Indeed, serious discrimination is taking place against migrant workers originating from sub-Saharan Africa, who are reportedly sold as slaves. This practice constitutes the extreme and unacceptable consequence of discrimination based on colour. We regret that the Government’s report to the Committee of Experts says nothing on this sensitive issue, which is crucial in terms of human rights.

The Employers’ group therefore endorses the experts’ recommendations – firstly, to take immediate measures to address the situation of racial and ethnic discrimination against migrant workers originating from sub-Saharan Africa (including women migrant workers), in particular to bring an end to forced labour practices; secondly, to provide detailed information on all of the measures it is taking to prevent and eliminate the occurrence of ethnic or racial discrimination in law and in practice in all aspects of employment and occupation; and, thirdly, to provide detailed information on the measures it is taking to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries.

I conclude this case provisionally by urging the Libyan authorities, firstly, to bring their legislation into conformity with the definition of non-discrimination and with all the prohibited grounds of discrimination covered by the Convention. Secondly, the Employers’ group calls on the government authorities to take the necessary steps without delay to eliminate all racial and ethnic discrimination towards migrant workers originating from sub-Saharan Africa, in accordance with Libya’s international commitments. The Government is encouraged to continue to collaborate effectively and constructively in the Office’s various technical assistance projects.

Worker members – Before I begin my statement, I would like to point out that a complaint was lodged with the Credentials Committee regarding the Government’s failure to organize tripartite consultations on the composition of the Libyan workers’ delegation.

Convention No. 111 was adopted in 1958. As the Committee of Experts noted in its 2012 General Survey, some manifestations of discrimination have acquired more subtle and less visible forms. In Libya’s case, we are not dealing with such subtle forms of discrimination. Indeed, the forms of discrimination in this case are egregious and have very serious consequences for victims.

The central objective of the Convention is to eliminate all forms of discrimination in all aspects of employment and occupation, by implementing equality of opportunity and treatment in law and in practice in a concrete and progressive manner.

The Convention defines discrimination as any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. The Convention also refers to any other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.

While the Convention allows each country considerable flexibility to adopt the most appropriate measures in terms of their nature and timeline, the objectives to be pursued must not be subject to compromise. The State cannot remain passive, and the implementation of the Convention is assessed on the basis of the efficacy of the national policy and the results achieved.

Unfortunately, the conflict situation in Libya makes it very difficult to resolve the problems that we are about to address. As we have already stated in this Committee, the Libyan Government, which is responsible for appearing before our Committee, must ensure the fulfilment of the commitments made by Libya through the ratification of the Convention. This is the consequence of the sovereignty recognized to the Government that appears before us.

The Convention lists a number of grounds on which discrimination in employment and occupation is prohibited, as we have just mentioned.

The Constitutional Declaration of August 2011, establishing the basis for the exercise of power in Libya during the transitional period until the adoption of a permanent constitution, contains a provision establishing the equal treatment of Libyans. This provision also contains a list of grounds. However, a number of grounds for discrimination do not appear in this Constitutional Declaration, rendering it inadequate. These are the grounds of race, colour and national extraction.

One of the other grounds set out in the Constitutional Declaration, that of “social status”, appears to be restrictive compared to that enshrined in the Convention, namely the grounds of “social origin”, which can be interpreted more broadly.

The draft Constitution pending adoption by referendum also omits a number of grounds, namely those of race, national extraction and social origin.

The Committee of Experts also notes that protection against discrimination only covers Libyan citizens. However, as the Committee of Experts recalls in its 2012 General Survey on the fundamental Conventions, no provision in the Convention limits its scope as regards individuals. Indeed, the Convention aims to protect “all persons”, without any distinction.

In addition, the Libyan Government stated in its report submitted to the Committee of Experts that national legislation prohibits discrimination on the grounds of race, colour, sex, religion and national extraction, referring to section 3 of Act No. 12 of 2010 promulgating the Labour Relations Act (2010). However, this Act seems only to cover the grounds of trade union affiliation, social origin or any other discriminatory basis. Hence, the grounds of race, colour, sex, religion, political opinion and national extraction are not explicitly mentioned in this legislation. Legal provisions should list all of the grounds for discrimination set out in Article 1(1)(a) of the Convention.

In accordance with Article 1(1)(b) of the Convention, it would also be useful for the Government to consult the social partners and other appropriate bodies on the amendments to be made to the above-mentioned legal standards to bring them into line with the Convention and to consider the possibility of broadening the prohibited grounds for discrimination.

Moreover, the Labour Relations Act (2010) does not include any explicit definition of discrimination. However, it is frequently pointed out that a clear and complete definition of what constitutes discrimination in employment and occupation makes it possible to identify the many situations in which discrimination can occur and thus remedy it.

As I mentioned at the beginning of my intervention, some manifestations of discrimination have now acquired more subtle and less visible forms. This is not the case with the situation in Libya. Indeed, there is clear discrimination against a very specific group of people: migrant workers from sub-Saharan Africa. While discrimination against all non-national workers is observed, the 2017 report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya (A/HRC/34/42) indicates that sub-Saharan Africans are especially vulnerable to abuse as a result of racial discrimination. It is also reported that these people are sold on slave markets in Libya, are subject to racial discrimination on the grounds of their colour and are subjected to forced labour practices.

It is urgent that this blatant discrimination cease. Despite the current difficult situation in Libya, the Government must act and take the necessary measures to put an end to these flagrant violations of the fundamental rights of a significant proportion of the population in Libya.

Government member, Romania – I am speaking on behalf of the European Union and its Member States. The candidate countries the Republic of North Macedonia, Montenegro and Albania, as well as Georgia, align themselves with this statement. The European Union and its Member States are committed to the promotion, protection and respect of human rights and labour rights, as safeguarded by the fundamental ILO Conventions and other human rights instruments. We support the indispensable role played by the ILO in developing, promoting and supervising the application of international labour standards and of fundamental Conventions in particular. The European Union and its Member States are also committed to the promotion of universal ratification, effective implementation and enforcement of the core labour standards.

The prohibition of discrimination is one of the most important principles of international human rights law. In the European Union’s founding treaties, in the Charter of Fundamental Rights of the European Union, and in the European Convention on Human Rights, the prohibition of discrimination is a core principle. Convention No. 111 is founded on the same principle.

The European Union, its Member States and Libya are partners, and we remain committed to Libya and its transition to a democratic, law-based State. The European Union recalls that there is no military solution to the crisis in Libya and urges all parties to recommit to the United Nations-facilitated political dialogue and work towards a comprehensive political solution. In this regard, the European Union reaffirms its full support for the work of the Special Representative of the Secretary-General (SRSG) and the United Nations Support Mission in Libya (UNSMIL). With reference to the recent escalation of armed conflict, we reiterate that to bring security, political and economic sustainability, and national unity to Libya and the Libyans, there can only be a Libyan-led and Libyan-owned political solution through an inclusive UN-led political process, with the full participation of women, and in full respect of international law, including human rights. Need for compliance with Convention No. 111 is essential in this respect.

National legislation in compliance with international labour standards is indispensable. Libya’s Constitutional Declaration of August 2011, which remains in effect until a permanent constitution is adopted, provides that: “Libyans shall be equal before the law” (article 6) and that “[T]he State shall guarantee for every citizen equal opportunities and shall provide an appropriate standard of living.” (article 8). However, as the Committee of Experts points out, the grounds of race, national extraction and social origin are not included in the prohibition of discrimination contained in the draft Constitution, and this prohibition only covers citizens. In similar fashion, the Libyan Political Agreement from 2015 in Guiding Principle 8 affirms: “the principle of equality between Libyans in terms of enjoyment of civic and political rights and equal opportunity, and rejection of any discrimination between them for whatever reason”. These legal constraints are also present in the Labour Relations Act of 2010 which does not define discrimination and does not enumerate the exact grounds of race, colour, sex, religion, political opinion, and national extraction as prohibited. We therefore urge the Government to make all the necessary changes to bring these legislations into line with the Convention in order to cover all discrimination.

As reported by the Committee of Experts, the discrimination is particularly dire against migrant workers, especially those originating from sub-Saharan Africa, on the basis of race, colour or national extraction in employment and occupation. Libya is both a destination and transit country for migrants. While many suffer human rights violations and abuses in the course of their journeys, once in Libya migrants continue to be among the most vulnerable, including to detention and deprivation of their liberty, frequently in inhumane conditions. Some of them are also exposed to financial exploitation and forced labour, a clear infringement of Convention No. 29, related to Convention No. 111, which is being examined. Black persons from sub-Saharan countries are being sold in slave markets in Libya and are subject to colour-based discrimination. Based on recent data from the International Organization for Migration (IOM), there are currently over 666,700 migrants in Libya, with 5,333 of them in detention.

While acknowledging the deteriorating situation and security challenges within the country, violations of human rights and violence against civilians, including refugees and migrants, are completely unacceptable and must be denounced in the strongest terms. We urge the Government to take all the necessary immediate measures to prevent and address the situation and bring an end to forced labour practices.

The EU and its Member States are working in close cooperation with the UN to help Libya improve the situation and protection of its citizens, refugees and migrants. We will also continue to help Libyans address the migratory challenges, notably to fight against smuggling and trafficking in human beings and support the resilience and stabilization of host communities.

Given the current developments, while aiming at overcoming completely the current system of detention centres, we seek to urgently evacuate refugees and migrants from the detention centres on the frontline. Where possible, we enable them to find safety outside of Libya. We welcome the progress achieved so far in the framework of the Trilateral African Union–European Union–United Nation Taskforce, which allowed for the assisted voluntary return of migrants to their countries of origin.

The European Union and its Member States will continue to assist the Government in its endeavours and monitor the situation in the country.

Worker member, Italy – Many reports from the BBC and other international media show evidence of the new “Century Lager” existing in Libya, especially for migrants. But being Italian, I have more direct knowledge also through other reports and tales, those of the people who could save their lives in the Mediterranean and succeeded in arriving in my country. I am talking of the survivors of the abuses of the Libyan detention camps, in the courtyards of which, still today, thousands of sub-Saharan migrants are locked up. A real extermination of sub-Saharan peoples in Libya is under way: humans are killed, kidnapped, tortured, left to die of epidemics, and abandoned to their fate without being treated. Doctors from Lampedusa hospitals have seen people with fractures in the lower limbs, because they are thrown from the floors of the buildings, where they are forced into forced labour, when they rebel or do not pay the requested money. Elimination techniques targeting black migrants are used by both State and non-state actors, in a climate of lawlessness; a genocide with an increasingly racial connotation. To date, a commonly used word to refer to black people in Libya is “abidat”, which translates to “slaves”.

During their regular prison and detention centre monitoring visits from 2012 to April 2018, the UNSMIL (the UN Support Mission in Libya) regularly observed discriminatory practices against sub-Saharan African detainees in terms of conditions of detention and, occasionally, concerning their treatment, compared to Arab and Libyan detainees. For example, in some facilities, Arab detainees had beds and/or mattresses, while sub-Saharan African detainees slept on the floor on blankets. Further, in some facilities, Arab and Libyan detainees had more frequent and regular access to prison yards.

The fact that women are held in facilities without female guards further facilitates sexual abuse and exploitation. Dozens of Somali and Eritrean women are raped by Libyan policemen and militias. They are invisible rapes, which nobody talks about, which will only re-emerge if they are properly cared for.

We read in the 2018 report of the UNSMIL and the Office of the UN High Commissioner for Human Rights (OHCR) that: “Libyan law criminalizes irregular entry into, stay in or exit from the country with a penalty of imprisonment pending deportation, without any consideration of individual circumstances or protection needs. Foreign nationals in vulnerable situations, including survivors of trafficking and refugees, are among those subjected to mandatory and indefinite arbitrary detention. Libya has no asylum system, has not ratified the 1951 Convention relating to the Status of Refugees, and does not formally recognize the United Nations High Commissioner for Refugees (UNHCR), while de facto allowing the agency to register some asylum seekers and refugees from a limited number of countries. In practice, the overwhelming majority of migrants and refugees are arbitrarily detained as they have never been charged or tried under Libya’s migration legislation. They languish indefinitely in detention until they are returned through the IOM or the UNHCR.

Migrants and refugees are subjected to extreme violence, at times on camera, as their relatives watch in agony. Most frequently the methods used include beatings with various objects, suspension from bars, pouring petrol, boiling water or chemicals on victims’ bodies, electric shocks, stabbing, pulling nails, application of heated metals to flesh, and shootings, particularly the legs.

We understand and know only one race, the human race, and we urge the Libyan authorities to uphold human rights law and standards. This should include working towards an end to the mandatory, automatic and arbitrary detention of migrants and refugees, stamping out of torture and ill treatment, sexual violence and forced labour in detention. We urge also the Government to take immediate measures to address the situation of racial and ethnic discrimination against migrant workers, including women, in particular bringing an end to forced labour practices and to prevent and eliminate the occurrence of ethnic and racial discrimination in law and in practice in all aspects of employment and occupation and to provide detailed information on all the measures it is taking at this aim.

Observer, International Trade Union Confederation (ITUC) – Thank you for giving me the opportunity to speak about Libya, the country where there are three governments and hundreds of militias of armed groups that continue to vie for power and control of the territory, lucrative trade routes and strategic military sites.

The number of immigrants and asylum seekers travelling through Libya en route to Europe remains considerable, while the number of people who have died trying to reach Europe, via the so-called Central Mediterranean route, has risen sharply. Those who have been detained in Libya have been subjected to ill-treatment and inhuman conditions by the guards of the official detention centres run by any of the rival governments and unofficial places of detention controlled by militia or traffickers and smugglers. They have been victims of generalized and systematic human rights violations and violations by detention centre officers, the Libyan coastguard, and people smugglers from armed groups. Some have been arrested after having been intercepted by the Libyan coastguard in the sea while trying to cross the Mediterranean to reach Morocco. According to estimates, nearly 20,000 people are being detained in the detention centres in Libya run by the Department for Combating Illegal Immigration.

On the other hand, journalists, campaigners and human rights defenders are currently exposed to harassment, attacks and enforced disappearance by armed groups and militia allied with various authorities and rival governments.

Libyan women have been particularly hard hit by the ongoing conflict, which has disproportionately affected their right to move freely and participate in public and political life.

For all these reasons, we request that technical assistance be urgently provided in Libya to put an end to all forms of discrimination.

Government member, Canada – Canada thanks the Government of Libya for the information provided. All persons have the right to be treated fairly, with dignity and be free from discrimination. In that context, Canada notes with concern the observations of the Committee of Experts regarding shortcomings in both Libya’s draft Constitution and the Labour Relations Act of 2010 to effectively prevent discrimination in employment as well as other reports indicating that Libyan workers face human rights violations and discriminatory labour practices, particularly women, internally displaced persons, journalists and activists.

Canada remains deeply concerned about continued reports of racial and ethnic discrimination against migrant workers – particularly accounts of forced labour of migrant workers from sub-Saharan Africa – and the apparent lack of effective measures taken by the Government to address the discrimination, and the human and labour rights violations perpetrated against these persons. Canada strongly condemns all forms of forced labour, trafficking in persons and slavery, including against vulnerable migrants seeking a new home and a better life.

While acknowledging the complexity of the political situation in Libya and the ongoing armed conflict in the country, Canada nevertheless urges the Government of Libya to:

(i) ensure that all persons in Libya are protected against direct and indirect discrimination in employment and occupation in both law and practice, including discrimination based on race, ethnicity, gender and political opinion;

(ii) remedy the current situation of gender, racial and ethnic discrimination against all persons, including Libyan and migrant workers;

(iii) bring an end to forced labour practices, including trafficking in persons for the purposes of sexual exploitation, and ensure perpetrators are brought to justice; and

(iv) promote tolerance and respect among Libya’s diverse population and towards migrant workers, including those from sub-Saharan African countries.

Canada looks forward to the Government of Libya reporting in detail in the near future on all measures taken to achieve these objectives.

Observer, World Federation of Trade Unions (WFTU) – Convention No. 111 is an important tool to combat all forms of discrimination in the area of employment. Therefore, the Convention does not run counter to the deep convictions of the Libyan people, who have already adopted, over a period of centuries, moral standards that promote equality between human beings.

We would like to stress the shared destiny and the age-old fraternity of Tunisian and Libyan workers, and we consider them to be in fact a strategic extension of each other. We therefore fully encourage the Government to adopt laws that respect the spirit of the Convention and lay the civil legal foundations for freedom of association and equality between human beings. We also believe that this is the right time to adopt these laws; their adoption will help to mobilize world public opinion against the aggression that the legitimate Government is currently facing.

Finding time for the adoption of these laws in the context of war is difficult, but will demonstrate that the legitimate Libyan Government and Parliament are on the path towards democracy, equality and respect for human rights.

From Tunisia, the cradle of the Arab Spring, we express our unwavering support for the legitimate Libyan Government in this democratic process. We support the Libyan people in the fight for their right to dignity, prosperity and peace in the face of barbarism, militarism and crimes against humanity that spare neither women nor children, nor the country’s vital infrastructure.

The adoption of legislation inspired by Convention No. 111 lays the foundation for a free, democratic and independent Libya where life is good, free from bombing, forced exile, racism and dictatorship and the seeds of equality, social justice and political stability are nurtured.

Observer, International Transport Workers’ Federation (ITF) – I will speak to the issue of racial and ethnic discrimination against migrant women workers as referred to in the experts’ observations and to discrimination against women workers generally.

I think it is safe to assume that the tripartite constituents of this Committee are united in recognizing the complexity of the situation on the ground – one marked by years of conflict that has decimated the economy of Libya. Nevertheless, I think we are equally as united in recognizing the need for the Government to be guided by the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205) which, among other things, sets out measures to combat discrimination, including gender-based discrimination, in situations of conflict.

According to the latest figures from the IOM, women make up 11 per cent of the migrant population of Libya. The United Nations Support Mission in Libya, found that an overwhelming majority of women and older girls, who passed through Libya as migrants, reported sexual abuse by traffickers. They also found that women migrants are particularly vulnerable to abuse and ill treatment in detention in Libya, especially in the absence of female guards. This is exacerbated by the fact that women and unaccompanied minors are not recognized as vulnerable groups requiring greater attention.

According to the Global Initiative against Transnational Organized Crime, many migrant women in Libya go to work into private households as maids, or sometimes sold to brothels. This is especially the case for Nigerian women who are the cohort most at risk of falling victim to human trafficking.

Given this background, and the very real phenomenon of multiple discrimination, the Government should intensify efforts to address women migrant workers’ vulnerabilities to violence and trafficking.

It is important to note that according to the ILO, women only make up 34 per cent of the economically active population of Libya. The equivalent figure for men is 61 per cent.

A recent report by the Friedrich Ebert Foundation found that female labour market participation in Libya is limited to just four sectors – public administration, education, healthcare and social security. As economically active women workers are concentrated in a small number of sectors, there would be few alternative opportunities for them to enter the job market if jobs in those sectors were not available. Therefore, we can only reach the conclusion that there are some administrative practices that encourage employment of women only in certain sectors.

Gender-based occupational segregation is one of the most insidious aspects of gender inequality in the labour market since it is generally accompanied by lower pay and poorer working conditions. Indeed, gender-based occupational segregation as a form of discrimination is recognized in Convention No. 111.

While fully cognisant of the difficulties on the ground, the Libyan Government should aim to address the extremely serious issues faced by women workers, including migrant women workers, as a matter of urgency. We would all like to see a prosperous Libya that guarantees decent work for all workers and we are ready to assist.

Worker member, Zimbabwe – I speak on behalf of the Southern African Trade Union Coordinating Council (SATUCC). We are worried about the persistence of unequal remuneration and discrimination in Libya, and especially of the deteriorating incidence of slave markets and slave labour in Libya. This horrific practice is mainly targeted at migrant workers, especially blacks from Africa south of the Sahara. We note the efforts of this Conference in the past to address these concerns and we wish to express genuine worries and fears that the persistence of unequal remuneration and discrimination against migrant workers in Libya would only open the door to more grievous forms of workers’ rights abuses in Libya.

We find it helpful that the Committee of Experts notes with interest that article 6 of the August 2011 Libyan Constitutional Declaration and article 7 of the draft Libyan Constitution awaiting passage through referendum provide that all Libyans are equal before the law and that they enjoy equal civil and political rights and equal opportunities in all areas without distinction on the basis of religion, belief, language, wealth, gender, kinship, political opinion, social status or tribal, regional or familial adherence. Yet, these provisions do not include reference to the grounds of race, colour and national extraction. The same applies to section 3 of the Labour Relations Act of 2010 which also does not cover other nationalities, races and social origins.

We are pleased that the Committee of Experts has demanded that the Libyan Government should consider amending article 7 of the Draft Libyan Constitution to ensure that the grounds of race, national extraction and social origin are included as prohibited grounds of discrimination, and also define “discrimination” and ensure that section 3 of the Labour Relations Act of 2010 includes reference on discrimination on the grounds of nationalities, races and social origin.

We understand that the persistence of conflict in Libya continues to exacerbate the cases of discrimination against migrant workers, especially black workers. The continued fragility of the Libyan State and the multiple spheres of autonomous political authorities, including the ones controlled by organized criminal networks, continue to pose a threat to the safety and dignity of migrant workers. We therefore urge that support from the international community be prioritized and genuinely mobilized to defuse political instability in Libya.

If measures to ensure accountability for actors in Libya who operate and promote modern slave markets, slave labour and commercial migration are weak and inadequate, the crises will persist. It is therefore imperative that Libya is assisted to revive and restore mechanisms for the effective application of the rule of law.

Furthermore, it is our measured opinion that justice, especially by way of remedies, rehabilitation and compensation for victims of slave labour and commercial migration should be devised and deployed.

Government representative – First and foremost, my thanks to all of those who have taken the floor in this debate. I would like to offer some clarifications if I may. What Libya is suffering from currently at this stage stems from the instability and the ongoing conflicts in certain zones and I can guarantee that our Government is making every possible effort in the safe zones – for example, in the safe zones there are no such violations. The violations that we are looking at today are isolated cases perpetrated by criminal organizations in some of the conflict zones. The Libyan people are a part of the African continent. We can offer proof that all African and non-African workers that are in the safe zone – the safe areas – are experiencing a normal life in normal conditions. The Government, for its part also, supports and encourages every person to seek the settlement of any dispute through legal remedies. I am taking into account what was said by the Committee of Experts regarding the amendment of the Labour Relations Law. We take note of all those observations and we shall present these in the debate in Parliament on the review of this Law.

We also undertake to review as soon as possible the comments made about the draft Constitution. We shall submit these observations to the working group which is currently reviewing the draft Constitution.

Worker members – We would like to thank the Libyan representative for the information provided during the discussion and the speakers for their contributions.

As we have seen, there are still legislative gaps with regard to discrimination, and the draft Constitution pending approval by referendum does not explicitly set out all the prohibited grounds for discrimination, specifically those relating to race, national extraction and social origin. We therefore call on the Government to explicitly include these three grounds in article 7 of the draft Constitution.

We also call on the Government to ensure that protection against discrimination in employment and occupation apply to everyone, and not just Libyan citizens. The term “discrimination” is also not defined in the Labour Relations Act (2010). As indicated by the experts in the 2012 General Survey, a clear and comprehensive definition should be provided. The Labour Relations Act (2010) must also be brought into line with Convention No. 111 by adding an explicit reference to the grounds of race, colour, sex, religion, political opinion and national extraction.

We would like to join the Committee of Experts in inviting the Government to provide information on the concrete measures taken to ensure the prohibition in law and in practice of direct and indirect discrimination on all of the grounds set out in Convention No. 111.

We also request the Government to take urgent and effective measures to end the serious discrimination suffered by migrant workers, particularly those from sub-Saharan Africa. As suggested by several speakers, special attention should be paid to women workers in general, and particularly women migrant workers.

The Government must also ensure that victims of discrimination have access to justice. It is absolutely essential that these persons can obtain compensation for their damages. These persons, as well as witnesses, must also benefit from measures protecting them from reprisals. In addition, the perpetrators of discriminatory behaviour must be subject to effective, proportionate and dissuasive penalties.

Capacity-building for inspection services with a view to combating all forms of discrimination in employment and occupation seems to us to also be a fundamental issue on which the Libyan Government must work.

Lastly, we call on Libya to implement Article 5 of Convention No. 111, which authorizes the introduction of measures that I will call “positive discrimination” measures, thus making it possible to remedy the effects of past and present discriminatory practices and promoting equal opportunities for all. Such measures could be useful for all population groups currently suffering from discrimination in Libya, and particularly men and women migrant workers from sub-Saharan Africa.

In order to implement all these recommendations, we request the Government to seek technical assistance from the ILO. This seems to us to be necessary and essential.

Employer members – We thank all the speakers, and in particular the Libyan Government, for the information that it has just provided to the Committee with regard to bringing national law and practice into line with the Convention. Regarding the substance, we underline the fact that Convention No. 111 is a fundamental Convention and for that reason it warrants particular attention from the ILO, governments and the social partners. Discrimination in employment and occupation is not only a violation of a human right but also a major obstacle to the development of workers and the use of their full potential.

As regards national legislation against discrimination, and in particular the definition of non-discrimination and the full list of protected grounds, we urge the Government to fill the gaps in its legislation without delay.

As regards combating discriminatory treatment suffered by migrant workers originating from sub-Saharan regions, in particular forced labour practices, the Employers’ group vigorously calls upon the Government to put a stop to such treatment through radical and effective action. We are aware of the complexity of this issue. Ensuring conformity has been made more difficult by the climate of tension and political instability which has existed on the ground for a number of years. We are also aware of this.

However, the Employers’ group urges the Government to take the necessary initiatives to re-establish the state of law. We encourage it to continue its cooperation in the context of ILO technical assistance projects aimed at promoting equitable and effective policies relating to labour migration.

We reiterate that, in future, government authorities must provide the requested information in a timely fashion. We insist that the information must be specific and relevant in order to be able to assess tangible and effective progress in law and practice. We count on the positive attitude of the Government so that this case does not need to reappear before our Committee.

Conclusions of the Committee

The Committee took note of the information provided by the Government representative and the following discussion.

The Committee deplored that persons from sub-Saharan countries are being sold in slave markets and that they are subjected to racial discrimination.

The Committee took note of the Government’s commitment to ensure compliance with Convention No. 111. Taking into account the discussion, the Committee calls on the Government to:

- take concrete actions to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice;

- ensure that legislation covers, directly or indirectly, all the recognized prohibited grounds for discrimination set out in Article 1, paragraph 1(a) of the Convention, and take measures to prohibit discrimination in employment and occupation in law and in practice;

- include a definition of the term “discrimination” in the 2010 Labour Relations Act;

- ensure that migrant workers are protected from ethnic and racial discrimination and from forced labour;

- educate and promote equal employment and opportunities for all;

- take immediate action to address the situation of racial and ethnic discrimination against migrant workers from sub-Saharan Africa (including women migrant workers) and, in particular, to put an end to forced labour practices; and

- conduct studies and surveys to examine the situation of vulnerable groups, including migrant workers, in order to identify their problems and possible solutions.

In this respect, the Committee invites the Government to continue to engage and actively participate in ILO technical assistance in order to promote equitable and effective labour migration policies.

The Committee asks the Government to provide detailed information on the concrete measures taken to implement these recommendations at the next meeting of the Committee of Experts.

Government representative – We have taken due note of these conclusions and we commit ourselves to transmitting regular reports to you. We will certainly spare no effort in the near future in seeking to give effect to these conclusions. Allow me, while I have the floor, to thank all of those who were involved in elaborating the conclusions. Thanks also go to all of those who participated in the discussion and to the delegation of Libya.

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

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 supplementary information received from the Government this year, as well as the information at its disposal in 2019.

The Committee notes the observations of the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC), received respectively on 26 August and 1 September 2019.

The Committee notes 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, 108th Session, June 2019)

The Committee notes the discussion which took place in the Conference Committee on the Application of Standards (CAS) on the application of the Convention and the conclusions adopted.

Articles 1 and 3(b) of the Convention. Definition of discrimination. Draft Constitution. The Committee notes that, in its conclusions, the CAS asked the Government to amend article 7 of the draft Constitution to ensure that the grounds of race, national extraction and social origin are included as prohibited grounds of discrimination. The Committee notes that both the IOE and the ITUC call on the Government to amend article 7 of the draft Constitution. The Committee notes the Government’s indication in its report that the Minister of Labour and Rehabilitation sent two letters (Nos 791 and 789, both dated 29 August 2019) to the President of the Presidential Council on the possibility of incorporating these changes into the draft Constitution and into the Constitution when adopted. The Committee hopes that the draft Constitution will be amended as requested and asks the Government to provide information on any developments in this regard.

Labour legislation. In its previous comment, the Committee noted that Law No. 12 of 2010 promulgating the Labour Relations Act (LRA 2010) does not contain a definition of discrimination. It also noted that section 3 of the LRA 2010 prohibits discrimination on the grounds of “trade union affiliation, social origin or any other discriminatory ground”, but does not explicitly include the grounds of race, colour, sex, religion, political opinion and national extraction. In its conclusions, the CAS asked the Government to: (1) take concrete actions to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice; (2) ensure that the legislation covers, directly and indirectly, all the recognized prohibited grounds for discrimination set out in Article 1(1)(a) of the Convention and take measures to prohibit discrimination in employment and occupation in law and in practice; and (3) include a definition of the term “discrimination” in the LRA 2010. The Committee notes that both the IOE and the ITUC have called on the Government to amend the LRA 2010 in accordance with the conclusions of the CAS. In this regard, the Committee takes note of the Government’s indications that the words “or any other discriminatory grounds” in section 3 of the LRA 2010 cover all forms of discrimination without exception, and that the possibility of including the definition contained in Article 1(1)(a) of the Convention in the new draft labour law is being taken into consideration. The Committee requests the Government to take measures to ensure that the national labour legislation includes a clear and comprehensive definition of discrimination in employment and occupation covering at least all the grounds set out in Article 1(1)(a) of the Convention and to provide information in this respect.

Articles 1 to 3. Discrimination on the basis of race, colour and national extraction. Sub-Saharan migrant workers. The Committee notes that in its conclusions the CAS asked the Government to: (1) ensure that migrant workers are protected from ethnic and racial discrimination and from forced labour; (2) educate and promote equal employment and opportunities for all; (3) take immediate action to address the situation of racial and ethnic discrimination against migrant workers from sub-Saharan Africa (including women migrant workers) and, in particular, put an end to forced labour migration practices; and (4) conduct surveys to examine the situation of vulnerable groups, including migrant workers, in order to identify their problems and possible solutions. The Committee also takes note of the observations of the ITUC indicating that migrant workers from sub-Saharan Africa, and in particular women, remain especially at risk of discrimination. According to the ITUC, the Government should adopt and provide information on the concrete measures taken or envisaged to ensure that the prohibition in law and practice of direct and indirect discrimination is effective for all workers on Libyan territory, irrespective of their origin, nationality or status. The ITUC further calls for the adoption of measures to ensure that victims of discrimination have access to justice and obtain protection from reprisals and compensation for the damage suffered, and that effective, proportionate and dissuasive penalties are imposed on the perpetrators of discriminatory behaviour. Lastly, the ITUC underlines the fundamental importance of building the capacity of the labour inspection services with a view to combating all forms of discrimination in employment and occupation. The Committee takes note of the information provided by the Government on its efforts to combat human trafficking, and specifically that: (1) the national legislation prohibits human trafficking; (2) a bill increasing the penalties for human trafficking is currently under review by the legislative authorities; (3) the Office of the Public Prosecutor is investigating cases of abuse; and (4) victims who cannot afford to pay their legal fees can be assisted by a counsel appointed by the court. The Committee also notes the Government’s indication that it is collaborating with neighbouring countries, the countries of origin of the victims and perpetrators, and with relevant local and international organizations, such as the International Organization for Migration (IOM), to combat human trafficking. In its supplementary information, the Government further indicates that there is no current data on the number of convicted persons, nor on the number of cases. Moreover, the majority of informal shelters for migrant workers are closed and the remaining few are currently being closed following monitoring by law enforcement bodies. Medical and therapeutic services are provided to migrant workers in the formally recognized shelters, such as the “Tajoura” and “Baten el Jabbal” shelters, in coordination with the IOM, Médecins sans frontières and the Red Cross.

The Committee notes with deep concern the report of the United Nations Committee on the Protection of the Rights of All Migrant Workers and their Families (CMW) indicating that migrant workers from sub-Saharan Africa continue to be severely discriminated against, and that acts of physical and verbal abuse against them persist, including by Libyan officials, such as representatives of the Directorate for Combating Illegal Migration and the Libyan Coast Guard. The Committee also notes that, despite the fact that the LRA 2010 provides for mechanisms to resolve labour disputes, the CMW expresses great concern at the widespread impunity for violations of the rights of migrant workers, who are unable to seek justice for fear of being detained for illegal entry and stay (CMW/C/LBY/CO/1, 8 May 2019, paragraphs 28, 30 and 34). While noting the additional information provided by the Government, the complexity of the situation prevailing on the ground resulting from the ongoing armed conflict in the country as well as the impact of the current COVID 19 pandemic, the Committee urges the Government to: (i) take further action to address the situation of racial and ethnic discrimination against migrant workers from sub-Saharan Africa, including measures to ensure that the legislation on non-discrimination is applied in practice, that migrant workers subject to discrimination in employment and occupation have access to remedies, irrespective of their legal status in the country; and (ii) raise awareness of and promote equal employment and opportunities for all. The Committee asks the Government to provide information in this respect.

Technical assistance. The Committee notes that the CAS invited the Government to continue to engage and actively participate in ILO technical assistance in order to promote equitable and effective labour migration policies. The Committee also takes note of the IOE’s observations referring to three projects for which the Government would be receiving technical assistance from the Office: (1) the project “Building the capacity of Libyan constituents and national actors to address unacceptable forms of work and promote fair and effective labour migration policies”; (2) the “Jobs for Peace and Resilience Flagship Programme”; and (3) the project “Support for Fair Migration for the Maghreb (AMEM)”. Noting that these projects are currently on hold, the Committee requests the Government to provide information on the resumption of technical assistance provided by the Office and its results.

The Committee is addressing other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee takes note of the complexity of the situation prevailing on the ground and the armed conflict in the country.

The Committee notes that the report of the Government contains no reply to the Committee’s previous direct request. The Committee is therefore bound to repeat its previous direct request and hopes that the next report will contain full information on the matters raised in this comment.

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 breastfeeding 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 emphasizes 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.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC), received respectively on 26 August and 1 September 2019.

The Committee notes 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, 108th Session, June 2019)

The Committee notes the discussion which took place in the Conference Committee on the Application of Standards (CAS) on the application of the Convention and of the conclusions adopted.

Articles 1 and 3(b) of the Convention. Definition of discrimination. Draft Constitution. The Committee notes that, in its conclusions, the CAS asked the Government to amend Article 7 of the draft Constitution to ensure that the grounds of race, national extraction and social origin are included as prohibited grounds of discrimination. The Committee takes note of the observations of the IOE and ITUC that both organizations called on the Government to amend Article 7 of the draft Constitution. The Committee notes the Government’s indication in its report that the Minister of Labour and Rehabilitation addressed two letters (letters Nos 791 and 789, both dated 29 August 2019) to the President of the Presidential Council on the possibility of incorporating these changes into the draft Constitution and into the Constitution when adopted. The Committee hopes that the draft Constitution will be amended as requested and asks the Government to provide information on any developments in this regard.

Labour legislation. In its previous comment, the Committee noted that Law No. 12 of 2010 promulgating the Labour Relations Act (LRA 2010) does not contain a definition of discrimination. It also noted that section 3 of the LRA 2010 prohibits discrimination on the grounds of “trade union affiliation, social origin or any other discriminatory ground”, but does not explicitly include the grounds of race, colour, sex, religion, political opinion and national extraction. In its conclusions, the CAS asked the Government to: (i) take concrete actions to ensure that direct and indirect discrimination on all grounds is prohibited in law and in practice; (ii) ensure that the legislation covers, directly and indirectly, all the recognized prohibited grounds for discrimination set out in Article 1(1)(a), of the Convention, and take measures to prohibit discrimination in employment and occupation in law and in practice; and (iii) include a definition of the term “discrimination” in the LRA 2010. The Committee takes note of the observations of the IOE and ITUC that both organizations called on the Government to amend the LRA 2010 in accordance with the conclusions of the CAS. In this regard, the Committee takes note of the Government’s indications that the words “or any other discriminatory grounds” in section 3 of the LRA 2010 cover all forms of discrimination without exception, and that the possibility to include the definition contained in Article 1(1)(a), of the Convention into the new draft labour law is being taken into consideration. The Committee requests the Government to take measures to ensure that the national legislation includes a clear and comprehensive definition of discrimination in employment and occupation covering at least all the grounds protected under Article 1(1)(a), of the Convention, and to provide information in this respect.

Articles 1 to 3. Discrimination on the basis of race, colour and national extraction. Sub-Saharan migrant workers. The Committee notes that in its conclusions, the CAS asked the Government to: (i) ensure that migrant workers are protected from ethnic and racial discrimination and from forced labour; (ii) educate and promote equal employment and opportunities for all; (iii) take immediate action to address the situation of racial and ethnic discrimination against migrant workers from sub-Saharan Africa (including women migrant workers) and, in particular, put an end to forced labour migration practices; and (iv) conduct surveys to examine the situation of vulnerable groups, including migrant workers, in order to identify their problems and possible solutions. The Committee also takes note of the observations of the ITUC indicating that migrant workers from sub-Saharan Africa, and in particular women, remain especially at risk of discrimination. For the ITUC, the Government should adopt and provide information on the concrete measures taken or envisaged to ensure that the prohibition in law and practice of direct and indirect discrimination is effective for all workers on the Libyan territory, regardless of their origin, nationality or status. The ITUC further calls for the adoption of measures to ensure that victims of discrimination have access to justice and obtain protection from reprisals and compensation for the damage suffered, and that effective, proportionate and dissuasive penalties are imposed on the perpetrators of discriminatory behaviour. Lastly, the ITUC underlines the fundamental importance of building the capacity of inspection services with a view to combating all forms of discrimination in employment and occupation. The Committee takes note of the information provided by the Government on its efforts to combat human trafficking, and specifically that: (i) the national legislation prohibits human trafficking; (ii) a bill increasing the penalties for human trafficking is currently under review by the legislative authorities; (iii) the Office of the Public Prosecutor is investigating cases of abuse; and (iv) victims who cannot afford to pay their legal fees can be assisted by a counsel appointed by the court. The Committee also notes the Government’s indication that it is collaborating with neighbouring countries the countries of origin of the victims and of the perpetrators, and with relevant local and international organizations such as the International Organization for Migration, to combat human trafficking.

The Committee notes with deep concern the report of the United Nations Committee on the Protection of the Rights of All Migrant Workers and their Families (CMW) indicating that migrant workers from sub-Saharan Africa continue to be severely discriminated against, and that acts of physical and verbal abuse against them persist, including by Libyan officials, such as representatives of the Directorate for Combating Illegal Migration and the Libyan Coast Guard. The Committee also notes that, despite the fact that the LRA 2010 provides for mechanisms to resolve labour disputes, the CMW expresses great concern at the widespread impunity for violations of migrant workers’ rights who are unable to seek justice for fear of being detained for illegal entry and stay (CMW/C/LBY/CO/1, 8 May 2019, paragraphs 28, 30 and 34). While noting the information provided by the Government, the complexity of the situation prevailing on the ground and the armed conflict in the country, the Committee urges the Government to take further action to address the situation of racial and ethnic discrimination against migrant workers originating from sub Saharan Africa, including measures to ensure that the legislation on non discrimination is applied in practice, that migrant workers subject to discrimination in employment and occupation have access to remedies, irrespective of their legal status in the country, and to educate and promote equal employment and opportunities for all. The Committee asks the Government to provide information in this respect.

Technical assistance. The Committee notes that the CAS invited the Government to continue to engage and actively participate in ILO technical assistance in order to promote equitable and effective labour migration policies. The Committee also takes note of the IOE’s observations referring to three projects for which the Government would be receiving technical assistance from the Office: (i) the project “Building the capacity of Libyan constituents and national actors to address unacceptable forms of work and promote fair and effective labour migration policies”; (ii) the “Jobs for Peace and Resilience Flagship Programme”; and (iii) the project “Support for Fair Migration for the Maghreb (AMEM)”. Noting that these projects are currently on hold, the Committee requests the Government to provide information on the resumption of technical assistance provided by the Office and its results.

The Committee is addressing other matters in a request addressed directly to the Government.

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

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.]

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

Article 1 of the Convention. Definition and grounds of discrimination. Legislation. The Committee notes the Constitutional Declaration of August 2011 establishing a basis for the exercise of power in the transitional period until the adoption of a permanent Constitution. It notes that article 6 of the Constitution Declaration provides that Libyans are equal before the law, and that they enjoy equal civil and political rights and equal opportunities in all areas without distinction on the grounds of religion, belief, language, wealth, gender, kinship, political opinion, social status, or tribal, regional or familial adherence. The Committee notes that the principle of equality before the law and equal opportunities in article 6 of the Constitutional Declaration does not include reference to the grounds of race, colour, and national extraction, and that the term “social status” may be more restrictive than “social origin” contained in the Convention. The Committee further notes the draft Libyan Constitution, awaiting adoption by referendum, in which article 7 provides that men and women citizens are equal before the law and that any discrimination between them on the grounds of ethnicity, colour, language, sex, birth, political opinion, disability, origin or geographical affiliation is prohibited. The Committee notes, however, that the grounds of race, national extraction and social origin are not included in the prohibition of discrimination contained in the draft Constitution, and that this prohibition only covers citizens.

The Committee notes, from the 2017 Report of the United Nations High Commissioner for Human Rights (UNHCHR) on the situation of human rights in Libya, the adoption in 2015 of the Libyan Political Agreement (LPA 2015) which establishes a temporary executive authority, the Government of National Accord, which will remain in place until the adoption and implementation of the Libyan Constitution (A/HRC/34/42, paragraph 4). It notes that Governing Principle 8 of the LPA 2015 affirms the principle of equality between Libyans by providing for, among other things, “equal opportunity and rejection of any discrimination between them for whatever reason”. The Committee notes the Government’s general statement, in its report, that national legislation prohibits discrimination on the grounds of race, colour, sex, religion and national extraction. In this respect, the Government refers to section 3 of Law No. 12 of 2010 promulgating the Labour Relations Act (LRA 2010). However, the Committee notes that section 3 of the LRA 2010 prohibits discrimination only on the grounds of “trade union affiliation, social origin or any other discriminatory basis”, and that the grounds of race, colour, sex, religion, political opinion and national extraction are not explicitly mentioned. The Committee further notes that the LRA 2010 does not appear to contain a definition of discrimination. It draws the Government’s attention to paragraph 743 of its 2012 General Survey on the fundamental Conventions, in which the Committee recalled that clear and comprehensive definitions of discrimination in employment and occupation are critical in identifying and addressing the many manifestations in which it may occur. Article 1(1)(a) of the Convention defines discrimination as “any distinction, exclusion or preference made on the basis of [certain grounds], which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation”. Through this broad definition, the Convention covers all discrimination that may affect equality of opportunity and treatment. Any discrimination – in law or in practice, direct or indirect – falls within the scope of the Convention. The Committee further recalls that when legal provisions are adopted, they should include at least all of the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. Consequently, the Committee asks the Government to:

• (i) consider amending article 7 of the draft Constitution to ensure that the grounds of race, national extraction and social origin are included as prohibited grounds of discrimination;
• (ii) include a definition of the term “discrimination” contained in section 3 of the Labour Relations Act (2010);
• (iii) confirm that the grounds of race, colour, sex, religion, political opinion, and national extraction would be included in the terms “any other discriminatory basis” of section 3 of the Labour Relations Act (2010) and revise section 3 to make that apparent;
• (iv) provide information on the concrete measures taken to ensure that direct and indirect discrimination on all of the grounds enumerated in Article 1(1)(a) of the Convention are prohibited, in law and in practice.

Articles 1 and 2. Discrimination on the basis of race, colour or national extraction. Sub-Saharan migrant workers. In its previous comments, the Committee observed the lack of measures taken by the Government to address discrimination against migrant workers, especially those originating from sub-Saharan Africa, on the basis of race, colour or national extraction in employment and occupation and to provide information on the steps taken to prevent and eliminate the occurrence of ethnic or racial discrimination in employment and occupation. The Committee notes that the Government’s report is silent on this point. The Committee notes, from the 2017 Report of the UNHCHR on the situation of human rights in Libya, that Sub-Saharan Africans are especially vulnerable to abuse as a result of racial discrimination (A/HRC/34/42, paragraph 45). The Committee further takes note of the statement of the United Nations Committee on the Elimination of Racial Discrimination (CERD) at its ninety-fourth session in 2017 under its Early Warning and Urgent Action Procedures, and deeply deplores that black persons from sub-Saharan countries are being sold in slave markets in Libya, and that they are subject to colour-based racial discrimination. With regard to the forced labour practices involving sub-Saharan migrant workers in Libya, the Committee refers to its detailed comments under the Forced Labour Convention, 1930 (No. 29). The Committee urges the Government to take immediate measures to address the situation of racial and ethnic discrimination against migrant workers originating from sub-Saharan Africa (including women migrant workers), in particular to bring an end to forced labour practices. It also asks the Government to provide detailed information on all of the measures it is taking to prevent and eliminate the occurrence of ethnic or racial discrimination in law and in practice in all aspects of employment and occupation. Further, the Government is asked to provide detailed information on the measures it is taking to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries.

The Committee is raising other matters in a request addressed directly to the Government.

[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.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination on the basis of race, colour or national extraction. The Committee recalls its previous observation in which it expressed regret regarding the lack of measures taken by the Government to address discrimination against foreign workers, especially those originating from sub-Saharan Africa, on the basis of race, colour or national extraction in employment and occupation. The Committee regrets that the Government continues to give general replies and it is concerned at the Government’s apparent lack of consideration of the need to take active measures to protect both citizens and non-citizens against ethnic and racial discrimination. Without specific information on the actual situation of foreign workers from sub-Saharan Africa in the Libyan labour market, and on the measures taken to promote and ensure their equality of opportunity in law and in practice, it is difficult for the Committee to assess to what extent the Convention is being effectively applied in their regard. The Committee urges the Government to take immediate steps to examine the situation of alleged racial and ethnic discrimination against foreign workers originating from sub-Saharan Africa, and to report on the findings. The Committee also urges the Government to provide detailed information on all measures it is taking to prevent and eliminate the occurrence of ethnic or racial discrimination in law and in practice in all aspects of employment and occupation, and to take measures to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries.

Lack of national policy on equality. In previous observations, the Committee expressed serious concern about the persistent lack of information in the Government’s report on its obligation under Article 2 of the Convention to declare and implement a national policy on equality with respect to all the grounds covered by the Convention. The Committee recalled that Act No. 20, 1991, on the promotion of freedom only concerned equality between men and women and 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. The Committee regrets that the Government continues to maintain that the principle of equality and prohibition of discrimination is reflected in the national legislation but fails to provide any information about the concrete measures taken to declare and pursue a national policy on equality in employment and occupation with respect to all the grounds covered by the Convention. The Committee therefore urges the Government to take immediate steps to declare and pursue a national policy on equality of opportunity and treatment in employment and occupation with respect to the grounds of race, colour, religion, political opinion, national extraction and social origin. Noting that the new Labour Code has been submitted to the General People’s Congress, the Committee firmly hopes that the Code will contain provisions clearly prohibiting direct and indirect discrimination in all aspects of employment and occupation on all the grounds contained in the Convention, and requests the Government to provide information on status of the adoption of the Code.

Equality of opportunity and treatment between men and women with respect to employment and occupation, vocational training and placement services. The Committee recalls its previous observation in which it had noted that, while increasing, women’s economic activity remained low (29.59 per cent). The Committee further recalls Decision No. 258, 1989, of the General People’s Committee relating to the rehabilitation and training of Libyan women which provides that all workplaces are obliged to employ women who have been referred to them by the employment offices (section 2). Decision 258 also provides for the establishment of municipal employment units responsible for providing job opportunities to women and for the formulation of a specific training programme for women (sections 3 and 4). The Committee had expressed concern that the practical effect of certain provisions in Decision No. 258, 1989 referring to “suitable job opportunities to women”, “suitable to women’s nature and social conditions” or “suitable their psychological and physical make-up” could result in gender inequalities in the labour market, and encourage occupational gender segregation.

The Committee notes that with respect to access to employment the Government’s report merely includes information previously provided regarding the access of women in certain government, judicial and public prosecution posts and in the judicial administration. With respect to access to vocational training, the Government replies that there are no areas of education or training prohibited to women and that in 2007 women represented 69.2 per cent of the university graduates, accounted for 39.6 per cent of the higher education graduates and 44.2 per cent of the graduates of intermediate technical schools. The Committee notes this information but considers it to be insufficient to assess to what extent real progress has been made with respect to the promotion of women’s participation in all fields of study and in a wide range of job opportunities at all levels. The Committee therefore urges the Government to provide full information on the following:

(i)    the meaning of “suitable job opportunities to women”, “suitable to women’s nature and social conditions” or “suitable to their psychological and physical make-up” referred to in Decision No. 258, 1989, of the General People’s Committee on the rehabilitation and training of women;

(ii)   the concrete measures taken or envisaged to ensure that the practical effect of Decision No. 258, 1989, does not lead to women being excluded or discouraged from participating in vocational training courses or being denied job opportunities in traditionally male areas, and the results achieved;

(iii) detailed statistical data disaggregated by sex on the employment of men and women in the various occupations and sectors of the economy, including their employment in high-level posts in both the public and the private sectors;

(iv)  the practical effect given to sections 2 to 4 of Decision 258, 1989, and their impact on improving the position of women in the labour market; and

(v)   detailed statistical data disaggregated by sex on women’s and men’s participation in all fields of vocational training and education, and the measures taken to ensure that women are offered a wide range of job opportunities at all levels, including in sectors in which they are currently absent or under-represented.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 3(e). Access of women to vocational training and placement services. Further to its observation, the Committee notes that section 2 of Decision No. 258, 1989, of the General People’s Committee relating to the rehabilitation and training of Libyan women, provides that all workplaces are obliged to employ women who have been referred to them by the employment offices. Section 3 provides for the establishment of employment units in municipalities responsible for the supply of job opportunities to women, and section 4 entrusts the General People’s Committee for Manpower, Training and Employment to formulate a specific training programme for women. The Committee asks the Government to provide information on the practical effect given to these provisions, and their impact on improving the position of women in the labour market. Please also provide statistical information on women’s participation in training in various fields of study, and the measures taken to ensure that women are offered a wide range of job opportunities at all levels, including in sectors in which they are currently absent or under-represented.

2. 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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Discrimination based on race, colour or national extraction. For a number of years, the Committee has been engaging in a dialogue with the Government regarding the need to take measures to combat a climate of anti-black sentiment and racially motivated acts against foreign workers which might have an adverse impact on the employment situation and terms and conditions of employment of black Africans in the country. The Committee notes the Government’s statement that it has already clarified this matter in previous reports and that the Jamahiriya pays attention to the protection of citizens from the African Union and from other countries. The Government further maintains that there is no discrimination, and that it is providing job opportunities to achieve socio-economic development in all the countries of the African Union. The Committee regrets that despite repeated comments of the Committee, the Government continues to give general replies on this issue without providing any details on the actual measures taken to address discrimination against foreign workers on the basis of race, colour or national extraction in employment and occupation. It reminds the Government that it has the obligation under the Convention to take active measures to protect citizens and non-citizens against racial and ethnic discrimination. The Committee strongly urges the Government to provide full particulars in its next report on the measures taken, including any research or studies undertaken, to prevent and eliminate the occurrence of racial and ethnic discrimination in all aspects of employment and occupation, and to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries.

2. National policy on equality of opportunity and treatment. Over the past ten years, the Committee has asked the Government to provide information on the practical effect given to Act No. 20, 1991, on the promotion of freedom which, according to the Government, is the basis of its national policy to combat all discrimination on the seven grounds set out in the Convention in Article 1(1)(a). In its reply, the Government continues to maintain that discrimination is prohibited in the national legislation and that no complaints have been received regarding discrimination in employment. It failed, however, to give any further information on the content and methods of promoting and implementing a national policy on equality of opportunity and treatment. The Committee understands from the Government’s statement in its most recent report that Act No. 20 concerns equality between men and women and does not cover any of the other grounds contained in the Convention. The Committee is seriously concerned about the persistent lack of information in the Government’s report on its obligation under Article 2 of the Convention to declare and pursue a national policy on equality with respect to all the grounds covered by the Convention. The Committee recalls that this includes the setting up of programmes along with the implementation of appropriate measures according to the principles outlined in Article 3 of the Convention. The Committee urges the Government to provide full details in its next report on how a national policy has been declared and on the general methods and measures by which such a policy is being implemented with respect in particular to the grounds of race, colour, religion, political opinion, national extraction and social origin.

3. Adoption of anti-discrimination legislation. Further to the above, the Committee notes that there is 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. The Committee considers that the adoption of such legislation constitutes an important step towards the adoption and implementation of a national policy on equality, and demonstrates a country’s commitment to achieving the objectives of the Convention. Noting that the Labour Code is currently being redrafted in order to be submitted to the Peoples’ Congress, the Committee strongly encourages the Government to consider including provisions prohibiting direct and indirect discrimination in employment and occupation on all the grounds contained in the Convention, and to provide information on the progress achieved in this regard.

4. Equality between men and women with respect to access to employment. Further to its previous observation regarding the employment of women, the Committee notes from the statistics provided in the Government’s report that the percentage of economically active women increased from 15.65 per cent in 1995 to 29.59 per cent in 2006. It also notes the Government’s indication that women work in all economic activities and assume high-level positions in the government and in the judiciary. The Committee welcomes this increase but considers that women’s economic activity rate remains low as compared to men (60.48 per cent in 2006). The Committee requests the Government to provide more detailed statistics disaggregated by sex on the employment of women and men in the various occupations and sectors of the economy, including statistics on their employment in judicial and public prosecution posts, in the judicial administration as well as in high-level positions in both the public and private sectors.

5. Access of women to vocational training and education. The Committee notes Decision No. 258, 1989, of the General People’s Committee relating to the rehabilitation and training of Libyan women. It notes that certain of its provisions refer to “suitable job opportunities to women”, to training for “occupations and skills that are suitable to their psychological and physical make-up”, and study fields that are “suitable to women’s nature and their social conditions”. The Committee reminds the Government that social stereotypes that deem certain types of work as “suitable to women’s nature or social conditions” or to “their psychological and physical make-up” are likely to lead to women and men being channelled into different education and training and subsequently into different jobs and career tracks, thus encouraging occupational segregation. While more fields of training and employment may be opening up for women, the Committee is concerned that the practical effect of these provisions may result in inequalities in the labour market and occupational gender stereotyping. The Committee asks the Government to clarify the meaning of “suitable job opportunities”, “suitable to their psychological and physical make-up”, and “suitable to women’s nature and their social conditions”, and to provide information on the measures taken or envisaged to ensure that women are not excluded or discouraged from participating in vocational training courses or being denied job opportunities in traditionally male areas.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s reports, including a further reply to the comments by the International Confederation of Free Trade Unions (ICFTU) of 2000.

1. Articles 2 and 3 of the Convention. Discrimination based on race, colour or national extraction. In its previous observation, the Committee had referred to the comments of the ICFTU in 2000 alleging that acts of violence, stemming from the anti-black sentiment in the population, had been perpetrated by young Libyans against black Africans, following a decision of the Libyan authorities to take drastic measures against the employment of foreigners. In its reply, the Government recognized that disputes between citizens of the Libyan Arab Jamahiriya and citizens of other countries had occurred and indicated that the issues had been forwarded to the judiciary. The Committee notes that the judiciary has rendered a decision on this matter and that the Government will inform the Committee in due course on any further developments. The Committee requests that a copy of this judgement be forwarded to the Office. As for the measures against the employment of foreigners, the Committee notes that the Government continues to maintain that there is no discrimination or bad treatment towards foreigners of whatever nationality and that numerous black Africans work or are employed.

2. The Committee notes this information as well as the Government’s statement that it is endeavouring to provide all the necessary care and treatment to foreign workers from African or other countries who contribute to the development process. While welcoming this statement, the Committee remains concerned that a climate of anti-black sentiment and racially motivated acts against foreign workers may well have an adverse impact on their employment situation and terms and conditions of employment. The Committee stresses that the Convention protects both citizens and non-citizens against discrimination on the basis of race, colour and national extraction. It therefore urges the Government to provide the information previously requested on measures taken: (1) to prevent racially motivated violence against foreign workers; (2) to ensure that these workers are not being discriminated against in employment and occupation on the basis of race, national extraction and colour; and (3) to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries. To this end, the Government may wish to consider undertaking studies with a view to effectively assessing the occurrence of racial and ethnic discrimination in employment and occupation, and taking the measures necessary to eliminate and prevent such occurrences.

3. The Committee regrets to note that the Government once more failed to provide information enabling the Committee to assess the progress made in the application of the Convention generally. It therefore reiterates its previous comments, which read as follows:

Articles 2, 3 and Parts IV and V of the report form. The Government reiterates that discrimination is prohibited in legislation and that in practice there are no complaints about discrimination. The Committee once again recalls that it is concerned over statements to the effect that the Convention is fully applied, particularly when no other details are given on the content and methods of promoting and implementing the national policy on equal opportunity and treatment or on the employment situation of women and men and members of various groups. The Committee also recalls that the absence of complaints concerning discrimination usually means a lack of awareness and/or insufficient complaint or inspection mechanisms. The Committee therefore once again requests the Government to supply detailed information on the measures taken or envisaged to ensure effective application of the principle of equality of opportunity and treatment in employment and occupation and particularly on the practical effect given to the legislative prohibition against discrimination. Please indicate the measures taken to obtain the cooperation of employers’ and workers’ organizations in promoting the acceptance and observance of non-discrimination and equality in employment and occupation.

Discrimination on the basis of sex. The Committee recalls its previous comments concerning the access of women to all types of work and sectors of production, and not only those corresponding to traditional stereotypes of "women’s work". It notes the Government’s statement that training opportunities are available to women on an equal footing with men in all fields. The Committee again asks the Government to supply statistical data in its next report on women’s participation in training in the various fields of study and on the quantitative as well as qualitative position of women in the labour market. Please also provide copies of reports or studies which illustrate the implementation of the principle of equality of opportunity and treatment between men and women with regard to access to employment and terms and conditions of employment in both the public and private sector. Noting that section 1 of Act No. 8 of 1989 states that women are entitled to assume judicial and public prosecution posts, as well as posts in the judicial administration on the same conditions as those offered to men, the Government is requested to provide any information, including any statistical data, that would allow it to assess the impact of the Act on the equal access of women to posts in this specific field.

The Committee hopes that the Government will make every effort to provide in its next report full information in this regard.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report, as well as the comments provided in reply to comments made by the International Confederation of Free Trade Unions (ICFTU) in October 2000 concerning the situation of sub-Saharan migrant workers in Libya.

1. The Committee recalls that the ICFTU comments alleged that acts of violence, stemming from the anti-black sentiment in the population, had been perpetrated by young Libyans against black Africans, following a decision of the Libyan authorities to take drastic measures against the employment of foreigners. The Committee notes the Government’s statement that disputes between citizens of the Libyan Arab Jamahiriya and citizens of other countries have indeed occurred and that those involved had been referred to the judicial authorities in accordance with the law. As regards the measures against the employment of foreigners, the Government states that the labour laws prescribe the manner in which non-citizens should be employed and that numerous foreign workers from African and other countries are employed in the Libyan Arab Jamahiriya. Having work and residence authorization, these foreigners are enjoying, in the Government’s view, their full rights, as do their Libyan colleagues, without discrimination. The Government states that the repatriation of some African citizens had been undertaken in full coordination with their respective countries because they resided illegally in the country.

2. The Committee notes this information. Stressing that the Convention provides protection from discrimination to all workers, the Committee is concerned that a climate of anti-black sentiment and racially motivated acts against foreign workers may well have an adverse impact on their employment situation and terms and conditions of employment. It asks the Government to provide information on measures taken to prevent racially motivated violence against foreign workers; to ensure that these workers are not being discriminated against in employment and occupation on the basis of race, national extraction and colour; and to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries. With regard to the issue of outstanding wage payments due to expelled workers, reference is made to the Committee’s comments under Convention No. 95.

3. While noting that the Government’s report replies to some points raised in the Committee’s previous comments, most of the information provided is of a very general nature and has already been received by the Committee. The Government reiterates that discrimination is prohibited in legislation and that in practice there are no complaints about discrimination. The Committee once again recalls that it is concerned over statements to the effect that the Convention is fully applied, particularly when no other details are given on the content and methods of promoting and implementing the national policy on equal opportunity and treatment or on the employment situation of women and men and members of various groups. The Committee also recalls that the absence of complaints concerning discrimination, usually means a lack of awareness and/or insufficient complaint or inspection mechanisms. The Committee therefore once again requests the Government to supply detailed information on the measures taken or envisaged to ensure effective application of the principle of equality of opportunity and treatment in employment and occupation and particularly on the practical effect given to the legislative prohibition against discrimination. Please indicate the measures taken to obtain the cooperation of employers’ and workers’ organizations in promoting the acceptance and observance of non-discrimination and equality in employment and occupation.

4. Discrimination on the basis of sex. The Committee recalls its previous comments concerning the access of women to all types of work and sectors of production, and not only those corresponding to traditional stereotypes of "women’s work". It notes the Government’s statement that training opportunities are available to women on an equal footing with men in all fields. The Committee again asks the Government to supply statistical data in its next report on women’s participation in training in the various fields of study and on the quantitative as well as qualitative position of women in the labour market. Please also provide copies of reports or studies which illustrate the implementation of the principle of equality of opportunity and treatment between men and women with regard to access to employment and terms and conditions of employment in both the public and private sector. Noting that section 1 of Act No. 8 of 1989 states that women are entitled to assume judicial and public prosecution posts, as well as posts in the judicial administration on the same conditions as those offered to men, the Government is requested to provide any information, including any statistical data, that would allow it to assess the impact of the Act on the equal access of women to posts in this specific field.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee has noted the communication from the International Confederation of Free Trade Unions (ICFTU) alleging that the Libyan Government has not fulfilled its obligations under the Protection of Wages Convention, 1949 (No. 95), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). According to the ICFTU communication, acts of violence, stemming from the anti-black sentiment in the population, were perpetrated by young Libyans against black Africans following the Libyan authorities’ decision to take drastic measures against employment of foreigners. The ICFTU communication was transmitted to the Government for comment on 3 November 2000. The Government is requested to supply any information in response that it may wish the Committee to consider during its examination of the question at its forthcoming session.

2.  The Committee notes with regret that once again the Government’s report does not reply to any of the points raised in its previous comments. The information in the new report is of a general nature and most of it has already been received by the Committee. The Government affirms once again that there is no discrimination in employment and occupation and gives as evidence of this the lack of complaints concerning this matter. The Committee is of the view, however, that the absence of legal proceedings, far from being an indication of lack of discrimination, tends rather to conceal the discrimination which actually exists. In fact, as it has frequently explained, it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the Convention is fully applied, particularly when no other details are given on the content and methods of implementing the national policy on the promotion of equal opportunity and treatment. The Committee notes that the Government lists in its report, a number of legislative texts in support of its affirmation: the Big Green Book and Act No. 5/1991 on the application of principles of the Big Green Book on human rights; the Labour Code (Act No. 58/1970) and its implementing regulations and decrees; Act No. 55/1976 on service; Act No. 15/1981 concerning the salary system; and Act No. 20/1991 on the promotion of freedom. While the Committee recognizes that incorporation in national standards of the principle enshrined in the Convention is an essential prerequisite for application of the principle of equality of opportunity and treatment in employment and occupation, it emphasizes that this is only one stage. There must also be an active policy to promote equality of opportunity and treatment in employment so that the principle, enshrined in the national legislation, is effectively applied in practice and does not remain a dead letter. The Committee therefore once again requests the Government to supply detailed information on the measures taken or envisaged to ensure effective application of the principle of equality of opportunity and treatment in employment and particularly on the practical effect given to the abovementioned Act No. 20/1991 which, according to the Government, is the keystone of the national policy to combat all discrimination on the basis of the seven grounds set out by the Convention in Article 1, paragraph 1(a). Please indicate, for example, how public education and information on the national policy to combat discrimination are ensured or encouraged, and the measures taken to obtain the cooperation of employers’ and workers’ organizations in promoting the acceptance and application of the Act.

3.  In regard more specifically to discrimination on the basis of sex, the Committee recalls that, like the United Nations Committee on the Elimination of Discrimination Against Women (United Nations document A/49/38 of 12 April 1994), the Committee emphasized in its previous comment that it is not possible to speak of equal rights for women and yet to maintain a single sexual stereotype of the role of women exclusively as housewives. In this respect, it notes the Government’s statement that women in the country occupy very senior positions in the civil service (state prosecutor, ambassadress, minister, etc.), to which they have acceded on the basis of their personal merit, and not because there are posts specifically reserved for men or for women. Noting that access to the civil service and career development is based on the individual competence of the persons concerned (qualifications, years of service, experience, skills) and not on characteristics unrelated to the requirements inherent in a particular post, the Committee requests the Government to supply statistical data in its next report on the quantitative as well as the qualitative position of women on the labour market, in both the public and private sectors.

4.  The Committee notes that the Government’s report contains no reply to the other points raised in its previous comments and urges the Government to ensure that its next report provides detailed answers to the following points:

(a)  What measures have been taken to give effect to Decision No. 164 of 1988 of the People’s General Committee concerning the system of employment of Libyan women and Act No. 8 of 1989 concerning the right of women to have access to the magistrature?

(b)  Please provide copies of reports or studies which illustrate the implementation of the principle of equality of opportunity and treatment between men and women with regard to access to employment and terms and conditions of employment in both the public and private sectors.

5.  The Committee trusts that the Government will make every effort to supply the information requested in order to allow the Committee to assess the effective application of the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the information included in the Government's report does not respond to any of the points raised in its previous comment and that the Government has merely supplied general information, most of which has previously been provided to the Committee. The Committee is therefore compelled to reiterate its earlier observation which read as follows:

1. The Committee notes that in response to its repeated requests for information on how Act No. 20 of 1991 on the promotion of freedom ensures that the principle of non-discrimination in employment and occupation laid down in the Convention is applied in practice, the Government merely states, in its brief report, that during the period in question there were no complaints or legal proceedings concerning discrimination in employment and occupation because there is no such discrimination. The Committee is obliged to repeat the comments it made in its previous direct request, namely that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties, when no other details are given on the contents and methods of implementing the national policy on the promotion of equal opportunity and treatment (see paragraph 240 of the 1988 General Survey on equality in employment and occupation). Furthermore, as the Committee pointed out in paragraph 165 of its 1996 Special Survey on equality in employment and occupation, within the meaning of the Convention anti-discrimination provisions alone - whether in Constitutions or other legislation - are not enough to implement effectively the principles of equality of opportunity and treatment. There must also be a genuine policy to promote equality of opportunity and treatment in employment. Consequently, the Committee again asks the Government to provide detailed information on the practical effect given to Act No. 20 of 1991 which, according to the Government, is the basis of the national policy to combat all discrimination on the seven grounds set out by the Convention in Article 1, paragraph 1(a). Please indicate, for example, how the education and information of the public on the national policy to combat discrimination are ensured or encouraged; and the measures taken to obtain the cooperation of employers' and workers' organizations in promoting the acceptance and implementation of the Act.

2. The Committee notes the information supplied by the Government in its report to the Committee on the Elimination of Discrimination Against Women (United Nations document A/49/38 of 12 April 1994) and that Committee's observations on the report, to the effect that it was not possible to speak of equal rights of women and yet to maintain sexual stereotypes by insisting on the role of women as housekeepers. The Committee again asks the Government to provide information on the training provided for women. It would be grateful if the Government would indicate, in particular, whether through training women have access to all types of work and sectors of production, and not only those corresponding to the traditional stereotypes of "women's work".

3. The Committee notes that the Government's report contains no reply to the other points raised in its previous comments, and urges the Government to ensure that its next report provides detailed answers to the following questions:

(a) What measures have been taken to give effect to Decision No. 164 of 1988 of the People's General Committee concerning the system of employment of Libyan women and Act No. 8 of 1989 concerning the right of women to have access to the magistrature?

(b) With regard to each of the seven grounds of discrimination prohibited by the Convention, and particularly sex, how is non-discrimination ensured both in access to the public service and during the course of a career in the public service?

(c) Please provide copies of reports which illustrate the implementation of the principle of equality of opportunity and treatment between men and women with regard to access to employment and terms and conditions of employment in both the public and private sectors.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes that in response to its repeated requests for information on how Act No. 20 of 1991 on the promotion of freedom ensures that the principle of non-discrimination in employment and occupation laid down in the Convention is applied in practice, the Government merely states, in its brief report, that during the period in question there were no complaints or legal proceedings concerning discrimination in employment and occupation because there is no such discrimination. The Committee is obliged to repeat the comments it made in its previous direct request, namely that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties, when no other details are given on the contents and methods of implementing the national policy on the promotion of equal opportunity and treatment (see paragraph 240 of the 1988 General Survey on equality in employment and occupation). Furthermore, as the Committee pointed out in paragraph 165 of its 1996 Special Survey on equality in employment and occupation, within the meaning of the Convention anti-discrimination provisions alone -- whether in Constitutions or other legislation -- are not enough to implement effectively the principles of equality of opportunity and treatment. There must also be a genuine policy to promote equality of opportunity and treatment in employment. Consequently, the Committee again asks the Government to provide detailed information on the practical effect given to Act No. 20 of 1991 which, according to the Government, is the basis of the national policy to combat all discrimination on the seven grounds set out by the Convention in Article 1, paragraph 1(a). Please indicate, for example, how the education and information of the public on the national policy to combat discrimination are ensured or encouraged; and the measures taken to obtain the cooperation of employers' and workers' organizations in promoting the acceptance and implementation of the Act.

2. The Committee notes the information supplied by the Government in its report to the Committee on the Elimination of Discrimination Against Women (United Nations document A/49/38 of 12 April 1994) and that Committee's observations on the report, to the effect that it was not possible to speak of equal rights of women and yet to maintain sexual stereotypes by insisting on the role of women as housekeepers. The Committee again asks the Government to provide information on the training provided for women. It would be grateful if the Government would indicate, in particular, whether through training women have access to all types of work and sectors of production, and not only those corresponding to the traditional stereotypes of "women's work".

3. The Committee notes that the Government's report contains no reply to the other points raised in its previous direct requests, and urges the Government to ensure that its next report provides detailed answers to the following questions.

(a) What measures have been taken to give effect to Decision No. 164 of 1988 of the People's General Committee concerning the system of employment of Libyan women and Act No. 8 of 1989 concerning the right of women to have access to the magistrature?

(b) With regard to each of the seven grounds of discrimination prohibited by the Convention, and particularly sex, how is non-discrimination ensured both in access to the public service and during the course of a career in the public service?

(c) Please provide copies of reports which illustrate the implementation of the principle of equality of opportunity and treatment between men and women with regard to access to employment and terms and conditions of employment in both the public and private sectors.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that, in reply to its request for information on the practical application of the principle of the Convention, the Government states that there have been no complaints or legal proceedings concerning discrimination in employment because there is no discrimination in employment and occupation in the country. The Committee draws the Government's attention to paragraph 240 of its 1988 General Survey on equality in employment and occupation where it states that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the instrument is fully applied, especially when no other details are given on the contents and methods of implementing the national policy against discrimination. The Committee therefore repeats its previous request for information on how Act No. 20 of 1991 on the promotion of freedom, which according to the Government is the basis of the country's equality policy, is being applied in practice.

2. The Committee notes that the Government's report contains no reply to the remainder of its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

2. As regards the employment situation of women, the Committee notes that the number of women in the active labour market has risen from 5.7 per cent in 1970, to 16.2 per cent in 1988 and 19 per cent in 1991, that female employees predominate in the education and health sectors and have, according to the Government, finally reached the stage of occupying many posts in the administration of the State, such as Deputy Secretary of the People's General Congress. Noting further the efforts made to establish, finance and equip (mainly with sewing and embroidery machines) training centres in all municipalities of the country within the context of the programme for productive family centres of the People's General Committee for Light Industry, which are aimed at helping women have access to work and production, the Committee requests the Government to continue supplying detailed information of this nature. At the same time, it draws the Government's attention to paragraph 38 of its 1988 General Survey on equality in employment and occupation concerning the dangers of occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, and trusts that the training centres offer women access to all types of work and production and not only those echoing traditional stereotypes of "women's work".

3. As regards the effect given to Part 111 of the Green Book, which suggests that women should be offered employment and education opportunities that are different from those of men, the Committee notes the Government's explanation of this text in terms of women enjoying equality with men at all levels of primary, intermediate and university education and through the establishment, by the Secretariat of Vocational Training, of vocational training centres adapted to the needs of women, such as those for administrative and financial professions, industrial design and hotel training. The Government also mentions its interest - without detailing how that interest is shown in concrete terms - in women's participation in other areas of work, like the medical and paramedical professions, teaching and social security. The Committee would again draw the Government's attention to the above-cited paragraph of its 1988 General Survey, and asks the Government to supply copies of the reports of the People's General Committee on the Planning of the Economy, referred to in its report, showing developments in the education and employment of women in various sectors outside teaching, health service industries and light manufacturing such as sewing. For example, what measures have been taken to follow up on Decision No. 164 of 1988 of the People's General Committee concerning the employment system for Libyan women and on Act No. 8 of 1989 concerning the right of women to have access to the magistrature?

4. Noting from the legislative texts supplied (in particular Decision No. 416 of 1989 of the People's General Committee) that the responsibilities that had been conferred on the People's General Committee for the Public Service appear to have been reassigned following the reorganization of the latter, the Committee requests the Government to supply information on the exact structures now governing the public service, in particular, describing the functions and activities of the competent bodies concerned with ensuring that no discrimination exists as regards access to public service posts nor in the terms and conditions of employment of public servants, on any of the grounds listed in the Convention. It would also appreciate receiving copies of any reports that the People's General Committee for the Public Service or other body which has been assigned its responsibilities may have produced which throw light on the implementation of the principle of equality of employment and opportunity between men and women in the public service.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Regarding the recommendation of the national committee set up to study international labour Conventions and Recommendations to the effect that a provision should be added to the Labour Code of 1970 prohibiting discrimination of any sort in accordance with Article 1 of the Convention, the Committee notes with interest the adoption of Act No. 20 of 1991 on the promotion of freedom which provides, in section 1, that "the citizens of the Jamahiriya, men and women, are free and equal in the field of rights. It is prohibited to prejudice their rights". The Committee requests the Government to supply information concerning the application of this provision in practice, indicating, in particular, the relevant monitoring authority (labour inspectorate, labour courts, etc.) and to provide copies of any proceedings pertaining to discrimination in employment that might be brought under Act No. 20.

2. As regards the employment situation of women, the Committee notes that the number of women in the active labour market has risen from 5.7 per cent in 1970, to 16.2 per cent in 1988 and 19 per cent in 1991, that female employees predominate in the education and health sectors and have, according to the Government, finally reached the stage of occupying many posts in the administration of the State, such as Deputy Secretary of the People's General Congress. Noting further the efforts made to establish, finance and equip (mainly with sewing and embroidery machines) training centres in all municipalities of the country within the context of the programme for productive family centres of the People's General Committee for Light Industry, which are aimed at helping women have access to work and production, the Committee requests the Government to continue supplying detailed information of this nature. At the same time, it draws the Government's attention to paragraph 38 of its 1988 General Survey on Equality in Employment and Occupation concerning the dangers of occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, and trusts that the training centres offer women access to all types of work and production and not only those echoing traditional stereotypes of "women's work".

3. As regards the effect given to Part 111 of the Green Book, which suggests that women should be offered employment and education opportunities that are different from those of men, the Committee notes the Government's explanation of this text in terms of women enjoying equality with men at all levels of primary, intermediate and university education and through the establishment, by the Secretariat of Vocational Training, of vocational training centres adapted to the needs of women, such as those for administrative and financial professions, industrial design and hotel training. The Government also mentions its interest - without detailing how that interest is shown in concrete terms - in women's participation in other areas of work, like the medical and paramedical professions, teaching and social security. The Committee would again draw the Government's attention to the above-cited paragraph of its 1988 General Survey, and asks the Government to supply copies of the reports of the People's General Committee on the Planning of the Economy, referred to in its report, showing developments in the education and employment of women in various sectors outside teaching, health service industries and light manufacturing such as sewing. For example, what measures have been taken to follow up on Decision No. 164 of 1988 of the People's General Committee concerning the employment system for Libyan women and on Act No. 8 of 1989 concerning the right of women to have access to the magistrature?

4. Noting from the legislative texts supplied (in particular Decision No. 416 of 1989 of the People's General Committee) that the responsibilities that had been conferred on the People's General Committee for the Public Service appear to have been reassigned following the reorganization of the latter, the Committee requests the Government to supply information on the exact structures now governing the public service, in particular, describing the functions and activities of the competent bodies concerned with ensuring that no discrimination exists as regards access to public service posts nor in the terms and conditions of employment of public servants, on any of the grounds listed in the Convention. It would also appreciate receiving copies of any reports that the People's General Committee for the Public Service or other body which has been assigned its responsibilities may have produced which throw light on the implementation of the principle of equality of employment and opportunity between men and women in the public service.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes that, in reply to its request for information on the practical application of the principle of the Convention, the Government states that there have been no complaints or legal proceedings concerning discrimination in employment because there is no discrimination in employment and occupation in the country. The Committee draws the Government's attention to paragraph 240 of its 1988 General Survey on equality in employment and occupation where it states that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the instrument is fully applied, especially when no other details are given on the contents and methods of implementing the national policy against discrimination. The Committee therefore repeats its previous request for information on how Act No. 20 of 1991 on the promotion of freedom, which according to the Government is the basis of the country's equality policy, is being applied in practice.

2. The Committee notes that the Government's report contains no reply to the remainder of its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

2. As regards the employment situation of women, the Committee notes that the number of women in the active labour market has risen from 5.7 per cent in 1970, to 16.2 per cent in 1988 and 19 per cent in 1991, that female employees predominate in the education and health sectors and have, according to the Government, finally reached the stage of occupying many posts in the administration of the State, such as Deputy Secretary of the People's General Congress. Noting further the efforts made to establish, finance and equip (mainly with sewing and embroidery machines) training centres in all municipalities of the country within the context of the programme for productive family centres of the People's General Committee for Light Industry, which are aimed at helping women have access to work and production, the Committee requests the Government to continue supplying detailed information of this nature. At the same time, it draws the Government's attention to paragraph 38 of its 1988 General Survey on equality in employment and occupation concerning the dangers of occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, and trusts that the training centres offer women access to all types of work and production and not only those echoing traditional stereotypes of "women's work".

3. As regards the effect given to Part 111 of the Green Book, which suggests that women should be offered employment and education opportunities that are different from those of men, the Committee notes the Government's explanation of this text in terms of women enjoying equality with men at all levels of primary, intermediate and university education and through the establishment, by the Secretariat of Vocational Training, of vocational training centres adapted to the needs of women, such as those for administrative and financial professions, industrial design and hotel training. The Government also mentions its interest - without detailing how that interest is shown in concrete terms - in women's participation in other areas of work, like the medical and paramedical professions, teaching and social security. The Committee would again draw the Government's attention to the above-cited paragraph of its 1988 General Survey, and asks the Government to supply copies of the reports of the People's General Committee on the Planning of the Economy, referred to in its report, showing developments in the education and employment of women in various sectors outside teaching, health service industries and light manufacturing such as sewing. For example, what measures have been taken to follow up on Decision No. 164 of 1988 of the People's General Committee concerning the employment system for Libyan women and on Act No. 8 of 1989 concerning the right of women to have access to the magistrature?

4. Noting from the legislative texts supplied (in particular Decision No. 416 of 1989 of the People's General Committee) that the responsibilities that had been conferred on the People's General Committee for the Public Service appear to have been reassigned following the reorganization of the latter, the Committee requests the Government to supply information on the exact structures now governing the public service, in particular, describing the functions and activities of the competent bodies concerned with ensuring that no discrimination exists as regards access to public service posts nor in the terms and conditions of employment of public servants, on any of the grounds listed in the Convention. It would also appreciate receiving copies of any reports that the People's General Committee for the Public Service or other body which has been assigned its responsibilities may have produced which throw light on the implementation of the principle of equality of employment and opportunity between men and women in the public service.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied in the Government's report, in particular the legislative texts annexed thereto.

1. Regarding the recommendation of the national committee set up to study international labour Conventions and Recommendations to the effect that a provision should be added to the Labour Code of 1970 prohibiting discrimination of any sort in accordance with Article 1 of the Convention, the Committee notes with interest the adoption of Act No. 20 of 1991 on the promotion of freedom which provides, in section 1, that "the citizens of the Jamahiriya, men and women, are free and equal in the field of rights. It is prohibited to prejudice their rights". The Committee requests the Government to supply information concerning the application of this provision in practice, indicating, in particular, the relevant monitoring authority (labour inspectorate, labour courts, etc.) and to provide copies of any proceedings pertaining to discrimination in employment that might be brought under Act No. 20.

2. As regards the employment situation of women, the Committee notes that the number of women in the active labour market has risen from 5.7 per cent in 1970, to 16.2 per cent in 1988 and 19 per cent in 1991, that female employees predominate in the education and health sectors and have, according to the Government, finally reached the stage of occupying many posts in the administration of the State, such as Deputy Secretary of the People's General Congress. Noting further the efforts made to establish, finance and equip (mainly with sewing and embroidery machines) training centres in all municipalities of the country within the context of the programme for productive family centres of the People's General Committee for Light Industry, which are aimed at helping women have access to work and production, the Committee requests the Government to continue supplying detailed information of this nature. At the same time, it draws the Government's attention to paragraph 38 of its 1988 General Survey on Equality in Employment and Occupation concerning the dangers of occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, and trusts that the training centres offer women access to all types of work and production and not only those echoing traditional stereotypes of "women's work".

3. As regards the effect given to Part 111 of the Green Book, which suggests that women should be offered employment and education opportunities that are different from those of men, the Committee notes the Government's explanation of this text in terms of women enjoying equality with men at all levels of primary, intermediate and university education and through the establishment, by the Secretariat of Vocational Training, of vocational training centres adapted to the needs of women, such as those for administrative and financial professions, industrial design and hotel training. The Government also mentions its interest - without detailing how that interest is shown in concrete terms - in women's participation in other areas of work, like the medical and paramedical professions, teaching and social security. The Committee would again draw the Government's attention to the above-cited paragraph of its 1988 General Survey, and asks the Government to supply copies of the reports of the People's General Committee on the Planning of the Economy, referred to in its report, showing developments in the education and employment of women in various sectors outside teaching, health service industries and light manufacturing such as sewing. For example, what measures have been taken to follow up on Decision No. 164 of 1988 of the People's General Committee concerning the employment system for Libyan women and on Act No. 8 of 1989 concerning the right of women to have access to the magistrature?

4. Noting from the legislative texts supplied (in particular Decision No. 416 of 1989 of the People's General Committee) that the responsibilities that had been conferred on the People's General Committee for the Public Service appear to have been reassigned following the reorganization of the latter, the Committee requests the Government to supply information on the exact structures now governing the public service, in particular, describing the functions and activities of the competent bodies concerned with ensuring that no discrimination exists as regards access to public service posts nor in the terms and conditions of employment of public servants, on any of the grounds listed in the Convention. It would also appreciate receiving copies of any reports that the People's General Committee for the Public Service or other body which has been assigned its responsibilities may have produced which throw light on the implementation of the principle of equality of employment and opportunity between men and women in the public service.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes the information supplied by the Government and in particular the reports of the national committee set up to study international labour Conventions and Recommendations, in which the national committee recommends the adoption of a provision in the Labour Code prohibiting discrimination of any sort in accordance with Article 1 of the Convention. The Committee hopes that this draft measure will be adopted in the near future and requests the Government to supply a copy of any text adopted.

2. The Committee is bound to refer to the other questions raised in its previous direct request:

2. With reference more specifically to women, the Government indicates in its report that it attaches particular importance to the creation of educational and vocational training establishments and to the organisation of programmes in this area aimed at the female population in order to encourage their access to training and to various occupations in the same way as the male population. It adds that 455 women students took courses in 1987 at the National Institute of Administration, and that the participation of women in the employment market increased considerably between 1970 and 1988. The Committee notes this information with interest and it also notes the Government's statement that several laws have been enacted enabling women to have access to important positions in the public administration and the magistrature and that, during the General People's Congress of 1989, a woman was appointed for the first time as Secretary-General of the Secretariat of the General Committee on Education. The Committee requests the Government to supply copies of these laws with its next report and to provide details on the measures that have been taken in practice to promote the access of women to vocational training and to various occupations, including occupations that are not traditionally occupied by women. The Committee also expresses the hope, as it did in its previous comments, that the Government will supply recent statistics showing the proportion of men and women by categories of occupation and job levels as it evolves over the years.

3. As regards the effect given by the competent People's Congresses to the provisions of Part III of the Green Book, which suggests that women should be offered employment and education opportunities that are different from those of men, the Committee notes that information on the measures that have been taken in this respect has been requested from the General Secretariat of Education, and it hopes that this information will be supplied with the next report.

4. In its previous comments, the Committee also referred to paragraphs 15 and 240 of its 1988 General Survey on Equality in Employment and Occupation, where it emphasised the positive and continuous nature of the measures to be taken in pursuance of the national policy provided for in Articles 2 and 3 of the Convention, and the need for detailed information on the various aspects of this continuous action. The Committee therefore once again requests the Government to supply detailed information in its next report on the measures that have been taken in practice for the effective promotion of equality of opportunity and treatment irrespective of sex, as well as of race, religion, political opinion, national extraction or social origin, and on the results secured with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment.

5. The Committee also once again requests the Government to include in its next report details of the activities of the People's Committee for the Public Service as regards the organisation and supervision of vocational and technical guidance and training and the placement of labour. The various reports on the work of the Secretariat of the Public Service referred to in the Government's previous report have not been received.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous comments, the Committee notes with interest, from the Government's report (received in June 1989), that following the recommendations made by the committee set up to study international labour Conventions and the comments made by the supervisory bodies on the application of these Conventions by the Libyan Arab Jamahiriya, draft legislation prohibiting any discrimination on the grounds set out in the Convention will be submitted in the near future by the legal department for its presentation to the Basic People's Congresses and its adoption. The Committee hopes that this draft legislation will be adopted in the near future and requests the Government to supply a copy of it once it is adopted.

2. With reference more specifically to women, the Government indicates in its report that it attaches particular importance to the creation of educational and vocational training establishments and to the organisation of programmes in this area aimed at the female population in order to encourage their access to training and to various occupations in the same way as the male population. It adds that 455 women students took courses in 1987 at the National Institute of Administration, and that the participation of women in the employment market increased considerably between 1970 and 1988. The Committee notes this information with interest and it also notes the Government's statement that several laws have been enacted enabling women to have access to important positions in the public administration and the magistrature and that, during the General People's Congress of 1989, a woman was appointed for the first time as Secretary-General of the Secretariat of the General Committee on Education. The Committee requests the Government to supply copies of these laws with its next report and to provide details on the measures that have been taken in practice to promote the access of women to vocational training and to various occupations, including occupations that are not traditionally occupied by women. The Committee also expresses the hope, as it did in its previous comments, that the Government will supply recent statistics showing the proportion of men and women by categories of occupations and job levels as it evolves over the years.

3. As regards the effect given by the competent People's Congresses to the provisions of Part III of the Green Book which suggest that women should be offered employment and education opportunities that are different from those of men, the Committee notes that information on the measures that have been taken in this respect has been requested from the General Secretariat of Education, and it hopes that this information will be supplied with the next report.

4. In its previous comments, the Committee also referred to paragraphs 15 and 240 of its 1988 General Survey on Equality in Employment and Occupation, where it emphasised the positive and continuous nature of the measures to be taken in pursuance of the national policy provided for in Articles 2 and 3 of the Convention, and the need for detailed information on the various aspects of this continuous action. The Committee therefore once again requests the Government to supply detailed information in its next report on the measures that have been taken in practice for the effective promotion of equality of opportunity and treatment irrespective of sex, as well as of race, religion, political opinion, national extraction or social origin, and on the results secured with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment.

5. The Committee also once again requests the Government to include in its next report details on the activities of the People's Committee for the Public Service as regards the organisation and supervision of vocational and technical guidance and training and the placement of labour. The various reports on the work of the Secretariat of the Public Service referred to in the Government's previous report have not been received.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. With reference to its previous comments, the Committee notes with interest, from the Government's report (received in June 1989), that following the recommendations made by the committee set up to study international labour Conventions and the comments made by the supervisory bodies on the application of these Conventions by the Libyan Arab Jamahiriya, draft legislation prohibiting any discrimination on the grounds set out in the Convention will be submitted in the near future by the legal department for its presentation to the Basic People's Congresses and its adoption. The Committee hopes that this draft legislation will be adopted in the near future and requests the Government to supply a copy of it once it is adopted.

2. With reference more specifically to women, the Government indicates in its report that it attaches particular importance to the creation of educational and vocational training establishments and to the organisation of programmes in this area aimed at the female population in order to encourage their access to training and to various occupations in the same way as the male population. It adds that 455 women students took courses in 1987 at the National Institute of Administration, and that the participation of women in the employment market increased considerably between 1970 and 1988. The Committee notes this information with interest and it also notes the Government's statement that several laws have been enacted enabling women to have access to important positions in the public administration and the magistrature and that, during the General People's Congress of 1989, a woman was appointed for the first time as Secretary-General of the Secretariat of the General Committee on Education. The Committee requests the Government to supply copies of these laws with its next report and to provide details on the measures that have been taken in practice to promote the access of women to vocational training and to various occupations, including occupations that are not traditionally occupied by women. The Committee also expresses the hope, as it did in its previous comments, that the Government will supply recent statistics showing the proportion of men and women by categories of occupations and job levels as it evolves over the years.

3. As regards the effect given by the competent People's Congresses to the provisions of Part III of the Green Book which suggest that women should be offered employment and education opportunities that are different from those of men, the Committee notes that information on the measures that have been taken in this respect has been requested from the General Secretariat of Education, and it hopes that this information will be supplied with the next report.

4. In its previous comments, the Committee also referred to paragraphs 15 and 240 of its 1988 General Survey on Equality in Employment and Occupation, where it emphasised the positive and continuous nature of the measures to be taken in pursuance of the national policy provided for in Articles 2 and 3 of the Convention, and the need for detailed information on the various aspects of this continuous action. The Committee therefore once again requests the Government to supply detailed information in its next report on the measures that have been taken in practice for the effective promotion of equality of opportunity and treatment irrespective of sex, as well as of race, religion, political opinion, national extraction or social origin, and on the results secured with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment.

5. The Committee also once again requests the Government to include in its next report details on the activities of the People's Committee for the Public Service as regards the organisation and supervision of vocational and technical guidance and training and the placement of labour. The various reports on the work of the Secretariat of the Public Service referred to in the Government's previous report have not been received.