Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report. It also notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomes the mission and provides assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation, as well as the decisions taken by the Government, into conformity with the ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. With reference to its previous comments the Committee notes that the statistical information available with regard to the right to medical care for categories covered by the social security system is provided for the years 1999 to 2002. Work is currently being undertaken to provide comprehensive information as soon as actuarial accounts are finalized for the number of employees insured by the social security system in relation to the overall number of employees in the country. The Committee hopes that the Government will therefore be able, with the help of the ILO, to provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

2. Part II (Medical care), Article 10, paragraph 1. In its previous comments, the Committee noted the information provided by the Government on the basis of which it understood that, in addition to the specialist care provided by the secretariat for social security under the social security legislation, basic care, including hospitalization when necessary, is provided by the health secretariat in exchange for the payment of the compulsory social security contribution of 2.5 per cent, as envisaged by section 29(d)(2) of Social Security Act No. 13 of 1980. The nature and type of specialist care are determined by rules made under sections 12(b) and 30 of Act No. 13, while the nature and type of basic care are determined by Health Act No. 106 of 1972 and its implementing regulations. The Committee takes note of the content of the above section 29. It notes however that this provision does not specify the types of medical care envisaged in Article 10, paragraph 2, of the Convention. It therefore requests the Government to provide the text of the legislation according to which such medical care is provided.

3. Part VIII (Maternity benefit), Article 50. In its previous comments, the Committee requested the Government to indicate whether a ceiling is prescribed for the overall monthly income taken into account for the calculation of maternity benefit or for the level of the benefit itself, and to provide copies of the applicable provisions. It notes in this regard that the minimum and maximum rates of income granting entitlement to benefits are set at 150 dinars as a minimum rate and 600 dinars as a maximum rate.

In view of this information, the Committee requests the Government to indicate whether these minimum and maximum rates are applicable for all categories of workers or only special categories, e.g. self-employed persons.

4. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that discussions with the ILO were held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants as well as the cash and in-kind benefits which will be provided as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.