Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Abolition of Forced Labour Convention, 1957 (No. 105) - Libya (Ratification: 1961)

Other comments on C105

Observation

Direct Request

2022
2018
2013

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Article 1(a), (c) and (d) of the Convention. Sanctions for expressing political views, for breaches of labour discipline or participation in strikes. The Committee has been referring for many years to various provisions of the Publications Act of 1972, under which persons expressing certain political views or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee also referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment (involving compulsory labour) may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes, even in services the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

The Committee also noted the Government’s indication in its previous reports that the abovementioned Publications Act No. 76 of 1972 would be amended and the Committee’s comments had been taken into account in the new draft Act under consideration. The Government also indicated that the draft amended Act had been submitted to the 2008 session of the Basic People’s Congresses.

The Committee notes however, an absence of information in the Government’s report as regards the abovementioned amendments. The Committee therefore hopes that the Government will provide in its next report any relevant information highlighting the progress made in this respect, and that in the framework of the amendment of the Publications Act No. 76 of 1972, as well as the provisions of the Penal Code referred to above, it will ensure that no penalties involving compulsory labour may be imposed as a punishment on persons who have expressed certain political or ideological opinions or who have committed breaches of labour discipline or participated peacefully in strikes. The Committee asks the Government to supply copies of the amended texts, as soon as they are adopted, as well as copies of the legislative texts governing the establishment, functioning and dissolution of associations and political parties and hopes that the Government will not fail to supply such copies with its next report.