Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (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 welcomed the mission and provided 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 in conformity with the ILO’s 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 IV of the Convention. Unemployment benefit. With reference to its previous comments, the Committee notes the Government’s statement according to which it reiterates the information provided in its previous report on the application of Part IV of the Convention, especially after an actuarial study was undertaken by an ILO social security specialist, and that it will seek contributions relating to unemployment benefit. The Committee therefore wishes again to draw the Government’s attention to the fact that the Convention is intended to afford effective protection against unemployment by means of a system of social security which makes it possible to finance unemployment benefit through collective contributions from all those concerned, thereby avoiding the situation in which they are payable directly by employers, which may become too burdensome if the level of unemployment in the country rises. The Committee therefore hopes that the Government would endeavour, with the help of the ILO, to adopt the necessary regulations to permit the Social Security Fund to receive contributions and to pay unemployment benefit, thereby giving effect to Part IV of the Convention through a system of social security and taking into account more fully the principles of organization and financing set out in Articles 71 and 72.

2. Part VII. Family benefit. In its previous comments, the Committee noted that section 24 of Act No. 13 of 1980 only provided for the granting of family allowances to pensioners under the social security system, whereas Article 41 of the Convention covers other categories of employees or residents. In its report, the Government indicates that the provisions of the Civil Service Act No. 55 of 1976, and amendments made thereto and its executive regulations shall apply to employees who are non-nationals who are contract holders. Other regulations shall also apply to them in accordance with section 18 of the regulations on employees who have contracts as non-nationals who are entitled to family benefits in the same way as their national counterparts. The Committee notes this information. It hopes that the Government will provide copies of the administrative regulations with its next report.