Observación (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Libia (Ratificación : 1961)

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Observación

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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.