Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee refers the Government to its observation and notes the information provided in its report. It 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, into conformity with ILO 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.

Article 6 of the Convention. 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, in accordance with which the grant of family allowances shall 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 (branch (i)) 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. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Philippines, Tunisia and Uruguay.) In its report, the Government indicates that the Government noted the names of countries which have accepted branch (i) of the Convention. It also points out that social security is a right guaranteed by Act No. 13 of 1980 to all citizens in the country. It protects producers who are non-Libyans on an equal footing. Consequently, the benefits, which include entitled pensions and entitlement to family allowances, specified for the insured person of Libyan citizenship, also apply to foreign residents as long as the conditions for the pension entitlement are met, in accordance with Act No. 13 of 1980. The Committee notes this information. It would like the Government to provide statistical information on family allowances granted both to nationals and to non-nationals and to indicate any conditions and limits imposed in respect of children who reside either on the territory of the country or on the territory of any other Member concerned, by agreement between the Members concerned and to attach copies of any such agreements.

Article 7. With reference to its previous comments, the Committee notes the information according to which there are 268 official Syrian workers who have labour contracts and residence permits in the Libyan Arab Jamahiriya. In its previous comments, the Committee noted the information provided by the Government that a recommendation had been made to the competent authorities to take into consideration the Committee’s observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and Tunisia. It therefore expressed the hope that the Government would be able to indicate the efforts that have been made to improve the application of Article 7 of the Convention with regard to the following points:

(a)   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 will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition, in accordance with Article 7 of the Convention.

(b)   The Committee recalls 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 who have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in course of acquisition for all the branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee again requests the Government to keep it informed on the progress made in this regard.