Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes that the Government's report on the application of this Convention, which has been the subject of discussion in the Conference Committee in June 1992, has not been received. In this situation the Committee cannot but once again urge the Government to take all the necessary measures, in accordance with the assurances it gave in its previous report, to ensure full application of the Convention on the following points:

1. Article 3, paragraph 1, of the Convention (also in conjunction with Article 10).

(a) Under section 38(b) of Social Security Act No. 13 of 1980 and regulations 28 to 33 of the Pension Regulations 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. The Committee asks 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) Under regulations 5 and 8 of the Regulations concerning registration, contributions and inspection issued under Social Security Act No. 13 of 1980, the affiliation of non-Libyan officials and self-employed workers to the social security scheme is voluntary unless there is an agreement with the country of which these workers are nationals. The Committee again draws the Government's attention to the fact that where, as in the Libyan Arab Jamahiriya, the affiliation of nationals to the social security scheme is compulsory, the voluntary affiliation of certain categories of foreign workers to the social security scheme is contrary to the principle of equality of treatment laid down in Article 3, paragraph 1 (subject to the exceptions provided for in Article 10, paragraph 2). The Committee asks the Government to indicate the measures taken or contemplated to ensure for these categories of foreigners, when they are nationals of a State for which the Convention is in force, and also for refugees and stateless persons, compulsory affiliation to the social security scheme.

(c) Under regulation 16, paragraphs 2 and 3, and regulation 95, paragraph 3, of the Pensions Regulations of 1981, non-national contributors, without prejudice to special social security agreements, who have not completed a period of ten years' contributions 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 an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, regulation 174, paragraph 2, of these Regulations seems to imply a contrario that the qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee points out that the above-mentioned provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. The Committee accordingly requests the Government to indicate the measures taken or contemplated to ensure the application of this provision of the Convention on this point as well.

2. Article 5. Regulation 161 of the 1981 Pension Regulations 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 is a party. The Committee points 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 requests the Government to indicate in its next report the measures taken or envisaged to give effect in law and practice to this basic provision of the Convention.

The Committee hopes that the Government's next report will contain detailed information on the progress made in ensuring full application of the above-mentioned provisions of the Convention.

In addition the Committee draws the Government's attention to certain points which it is raising in a direct request.