Demande directe (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

With reference to its previous comments, the Committee notes with interest that the Commission set up by Order No. 72 of 1985 to study international labour Conventions and Recommendations has completed its examination of the observations of the present Committee concerning the application of the present Convention and has recommended that the competent authorities take account of these observations, particularly concerning the separate bilateral agreements concluded by the Libyan Arab Jamahiriya with Algeria, Tunisia and Turkey, and that the amendments will be communicated as soon as they have been enacted.

The Committee therefore hopes that the Government will follow the recommendations of the Commission and adopt the necessary measures to give effect to the points raised in its earlier comments, which read as follows:

1. Article 3, paragraph 1, of the Convention (also in conjunction with Article 10). (a) The Committee has previously observed that under section 38(b) of Social Security Act No. 13 of 1980 and regulations 28 to 33 of the Regulations on pensions of 1981, non-Libyan residents receive only a lump sum in the event of premature termination of work whereas nationals are guaranteed, under clause (a) of section 38 of Act No. 13, maintenance of their wages or remuneration, which is contrary to this provision of the Convention. It therefore requested the Government to indicate the measures taken or envisaged to amend the above provisions in order to ensure for nationals of States for which the Convention is in force (and for refugees and stateless persons) the same benefits as nationals in case of premature termination of work.

(b) The Committee noted that under regulations 5 and 8 of the Regulations concerning registration, contributions and inspection issued under Social Security Act No. 13 of 1980, affiliation to the social security scheme by non-Libyan officials and self-employed workers is voluntary unless there is an agreement with the country of which these workers are nationals. It drew the Government's attention to the fact that when, as is the case in the Libyan Arab Jamahiriya, the affiliation of nationals to the social security scheme is compulsory, the voluntary affiliation by certain categories of foreign workers to the social security scheme is contrary to the principle of the equal treatment laid down in Article 3, paragraph 1 (subject to the exceptions provided for in Article 10, paragraph 2). The Committee therefore requested the Government to indicate the measures taken or contemplated to ensure to these categories of foreigners, when they are members of a State for which the Convention is in force, and also to refugees and stateless persons, compulsory membership of the social security scheme.

(c) The Committee noted that under regulation 16, paragraphs 2 and 3, and regulation 95, paragraph 3 of the Regulations of 1981 on pensions, non-national insured persons, without prejudice to special social security agreements, who have not completed a period of ten years' contribution to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to old-age pension nor to pension for total incapacity due to an injury of non-occupational origin. Furthermore, regulation 174, paragraph 2 of these Regulations seems to imply that the qualifying period is also required for pensions and allowances due to dependants of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or accident of non-occupational origin. Since such a qualifying period is not required of insured nationals, the Committee also noted that the above-mentioned provisions of the Regulations of 1981 concerning pensions are incompatible with Article 3, paragraph 1, of the Convention. In these conditions, the Committee requested the Government to indicate the measures taken or contemplated to ensure conformity with this provision of the Convention on this point as well.

2. Article 5. The Committee noted that regulation 161 of the 1981 Regulations on pensions provides that pensions or other monetary benefits may be transferred to beneficiaries resident abroad without prejudice, where appropriate, to agreements to which the Libyan Arab Jamahiriya has subscribed. The Committee pointed out that, by virtue of this provision of the Convention, each Member that has ratified it must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors' benefits and death grants, and also employment injury pensions. The Committee requested the Government to indicate in its next report the measures taken or envisaged to give effect to this basic provision of the Convention.

3. Article 6. In its previous comments, the Committee requested the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, which provides that the grant of family allowances must be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch, in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. Since the Government's report contained no information on this point, the Committee expressed the hope that the Government would not fail to provide the information requested. (A list of the States that have accepted the obligations of the Convention for branch (i) is appended.)

4. Article 7. With reference to its earlier comments, the Committee notes that the Commission for the study of International Labour Conventions and Recommendations, has recommended that the competent authorities take into account the observations of the Committee concerning the separate bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey, Tunisia and Algeria. It hopes that in its next report, the Government will provide information on these points which have already been raised.

Since no agreement has been entered into with the Syrian Arab Republic which has also ratified the Convention and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expressed the hope that the Government would endeavour to participate with this State in a scheme for the maintenance of acquired rights and rights in course of acquisition in accordance with Article 7 of the Convention.

The Committee pointed out that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take account of the above comments when concluding any new bilateral or multilateral social security agreement with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

The Committee asked the Government to state whether the period of insurance contributions of non-Libyan residents who have ceased to work is taken into account for the totalisation of periods of insurance in respect of nationals of member States for which the Convention is in force, since this totalisation is taken into account under the bilateral agreements concluded with the Libyan Arab Jamahiriya under section 38(b) of Act No. 13 of 1980.