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A Government representative expressed surprise that the Committee on the Application of Standards had included his country in the list of cases prepared by the social partners, as his Government had never failed to respect its ILO constitutional commitments. Referring to the Committee of Experts’ comments regarding the complicated situation in the country, the speaker hoped that his Government would soon be able to provide detailed and comprehensive information on its envisaged labour market strategy and means of achieving its employment goals. Indeed, the National Reconciliation Government recognized by the international community had encountered difficulties in being accepted in some parts of the country, which made it challenging to undertake any surveys or studies, or to acquire detailed and adequate information. Hence, more time than usual was called for. Moreover, the existence of a parallel government placed some labour offices in the municipalities (which were affiliated to the Ministry of Labour of the National Reconciliation Government, but were geographically under the control of the parallel government) in a difficult situation with regard to administrative procedures.
Regarding the comments made by the Committee of Experts concerning the Government’s establishment in 2012 of a committee to revise the Labour Market Strategy, the speaker stated that the National Planning Council had issued the Libyan National Strategy for Human Development and Empowerment for 2013–14 (the “Strategy”). The Strategy focused, among other things, on: (a) transformational training for graduates whose qualifications did not meet labour market requirements; (b) encouraging self-employment through the creation of small and medium-sized enterprises (SMEs); and (c) establishing a comprehensive database for human resources and job opportunities to determine the extent of the developmental and economic reality in the country in order to identify human resource requirements. The Strategy also specified six main strategic goals in relation to training and the workforce, which were to: (a) increase the rate of full and decent employment for all those able to work; (b) address the problems of seasonal and disguised unemployment and consider activating the social security law to avoid criminal behaviour that could result from an interruption of income; (c) emphasize the adoption of vocational guidance and counselling methods for new entrants to the labour market, and enlarge the participation of the private sector in vocational and technical training; (d) increase the number of seminars and studies dealing with human resources and enabling participation in these at home and abroad, as well as working to review the policies, activities and procedures of recruitment and development of legislation to respond to globalization and liberalization of world trade and the information age; (e) change the path of women’s work through empowerment and capacity building: (i) participate effectively in economic activity; (ii) affirm the trend towards equality of opportunity; (iii) change the stereotypical image of women’s work; and (iv) reorganize the labour market to respond to the requirements and methods of economic activity in the era of globalization and informatics; and (f) consider the growing number of persons of working age as an opportunity rather than as a problem and develop methods and mechanisms of training and vocational and technical rehabilitation, which respond to the introduction of advanced methods in the field of training, continued distance training, transformational training and other training modalities. Concerning the latest statistics of the labour market, despite the difficulties on the ground, the Information and Documentation Centre in the Ministry of Labour and Rehabilitation (the “Centre”) issued some statistics. These, however, did not cover the entire country and related only to the western region of the country. The Centre clarified that the number of jobseekers who had been registered up to 31 December 2017 totalled 137,000, but that 12,000 were excluded, as they were found to be holding two jobs, despite the fact that civil servants were prohibited by law from doing so. Another 11,000 jobseekers were excluded from the total due to being registered twice in areas where labour offices had been newly established. Therefore, the number of registered jobseekers in the western region alone totalled 88,000. Moreover, the Libyan Multi-Purpose Survey Project 2017–18 was being implemented and the survey results were expected to assist in the development of an employment policy with the participation of the social partners.
As for SMEs, the National Programme for Small and Medium-sized Enterprises was established to develop a culture of innovation in the community and to create a supportive environment for them. In October 2017, the National Reconciliation Government launched a pilot programme to finance SMEs, with the aim of providing job opportunities to youth and limiting unemployment. The programme would provide financial loans to entrepreneurs through commercial banks backed with guarantees from the Lending Guarantee Fund. In addition, business incubators were to be set up throughout the country to provide assistance for projects, and to train those responsible for the projects and prepare plans for them. Commercial banks would undertake to finance up to 60 per cent of the project’s cost, provided that supporting project funds contributed 30 per cent of the total value of the project and the beneficiary of the project paid 10 per cent of the remaining cost. Regarding the comments in the Committee of Experts’ report observing that the number of persons with disabilities had increased in recent years due to the ongoing conflict, it was worth noting that a special programme had been created for people with disabilities. The General Authority of Families of Martyrs, Amputees and Missing Persons (the “Authority”), in collaboration with the National Programme for Small and Medium Enterprises, had established a special programme for entrepreneurs, known as “Support Me”. On the issue of migrant workers and their presence in the informal economy, the speaker noted that migrants in an irregular situation were reluctant to regularize their situation through registration, due to their fear of being repatriated and their desire to migrate to Europe through the country as one of the transit States south of the Mediterranean. In spite of this, the Government, in cooperation with neighbouring countries, countries of origin and relevant international organizations, had made significant and positive progress in reducing irregular migration, urging migrants to obtain legal status in the country so as to enjoy their rights guaranteed by law for voluntary employment or voluntary repatriation. The Presidential Council of the National Reconciliation Government attached special importance to the right of women and persons with special needs at work without neglecting the rights to education, health, development and other rights that respect the religious and cultural identity of the Libyan people. In this regard, the Council issued Decree No. 210 of 2016 on the establishment of a support and empowerment unit for women employed in state institutions. The resolution aimed to implement policies and programmes to empower women to access their political, economic and social rights and to remove obstacles that limit the exercise of their role in a positive and effective manner.
In conclusion, the speaker considered it important that the ILO and the international community continue to provide the necessary support to the Presidential Council of the National Reconciliation Government to: (a) build and develop institutions and strengthen its authorities throughout the State; (b) support its policy to implement an effective disarmament, reintegration and a decent work programme for young people, and respect for human rights; and (c) preserve dignity and progress in development. More time would, therefore, be requested to respond to the observations of the Committee of Experts.
The Worker members indicated that the leader of the most representative union of the country was unable to attend the International Labour Conference due to the Government’s failure to submit the person’s name for accreditation and that the relevant complaint would be registered with the appropriate bodies. The speaker acknowledged the conflict situation in the country. According to the reports of the United Nations Support Mission in Libya (UNSML), ongoing hostilities across the country continued to result in significant civilian casualties and constantly destabilized the UN-backed National Reconciliation Government. In the month of April alone, there had been 31 civilian casualties. The Government had very limited effective control over security forces. The conflict had destroyed the economy and impaired the delivery of public services. There were reports of over 200,000 internally displaced people. Law enforcement and the judicial services were barely off the ground. The Government reported that companies had left, the number of young people with disabilities resulting from the war was on the rise and the migration situation was out of control. Despite improvements in the conditions of the country in 2011 and 2012, when the war and mayhem commenced, the current situation had become dire. The Government, therefore, had a duty to continue to push for more progress towards stabilizing the country and ensuring economic growth and employment. The Committee of Experts had called on the Government, over a period of years, to inform the ILO of the general situation and trends in the Libyan labour market and the manner in which it achieved its employment objectives in accordance with the Convention, which required each ratifying State to adopt and pursue a frontline policy designed to promote full, productive and freely chosen employment to address unemployment, underemployment and to raise levels of living within member States. The Convention also challenged the dogma that economic growth, guided only by the invisible hand of market forces, would naturally lead to higher levels of employment and improved living standards for all. It obliged member States to adopt an employment policy aimed at ensuring: (i) that there was work for all who were available for and seeking work; (ii) that such work was as productive as possible; and (iii) the existence of a free choice of employment with the fullest possible opportunity for each worker to qualify for, and to use his/her skills and endowments in, a job for which he/she was well suited. In this process, mutual relationships between employment objectives and other economic and social objectives were to be observed and the stage and level of economic development duly taken into account.
The Government had indicated that the 2004 Employment Policy had undergone several amendments to take current reality into account. The Government further indicated that it had commissioned a committee in 2012 to modify the labour market strategy focused on: (a) measures to address unemployment arising from the halting of development projects due to the war; (b) education and training programmes to address labour market needs; and (c) measures targeting the informal economy and the participation of migrants in labour-intensive activities to achieve full employment. Complying with the Convention would provide the Government with an opportunity to place employment at the heart of economic and social development policies. Based on the assumption that there was a unified Government able to achieve some reasonable stability to ensure a level of macro-stability, the economic prognosis for the country forecast a growth of 15 per cent in 2018, and an average 7.6 per cent growth in 2019–20. It was expected that both the fiscal and current account balances would significantly improve, with the budget and the current account running surpluses as from 2020 onwards. However, it was expected that high inflation and weak basic service delivery would likely increase poverty and exacerbate socio-economic exclusion. The speaker drew the Government’s attention to the security crisis that could engender an economic hopelessness, and recommended that the Government be guided by the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which sets out measures to be taken to generate employment and decent work for prevention, recovery, peace and resilience in crisis situations arising from conflicts. Pursuant to Recommendation No. 205, the Government was urged to: (i) promote full, productive, freely chosen employment and decent work as vital elements to promoting peace, preventing crises, enabling recovery and building resilience; (ii) ensure good and stable governance and combat corruption and clientelism; and (iii) respect, promote and realize fundamental principles and rights at work, other human rights and other relevant international labour standards as appropriate and applicable. In this vein, the speaker expressed concern that the labour relations law limited the right of workers to form and join independent unions. The right to strike was also significantly restricted. The existing labour law required that all collective agreements conform to the “national economic interest”, which threatened the free collective bargaining allowed under the labour relations law. The law also gave the Government the power to set and cut salaries without consulting workers. These actions and legal provisions violated the Convention, which provided in its Article 3 that representatives of employers and workers should be consulted concerning employment policies, with a view to taking fully into account their experience and views and securing their full cooperation in formulating and enlisting support for such policies. The Committee of Experts had pointed out that the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189), provided important guidance for the Government. It required member States, in consultation with the most representative organizations of employers and workers, to promote full, productive and freely chosen employment, and to ensure greater access to income-earning opportunities and wealth creation leading to productive and sustainable employment and to increase economic participation of disadvantaged and marginalized groups. The Committee of Experts had also indicated that there was a need for the Government to establish a labour market information system in compliance with Article 2 of the Convention. Data from the labour market situation and trends were the basis for economic planning, useful comparisons over time, employment target setting and assessing the impact of policy measures. The Government also needed to pay attention to the increasing number of young persons with disabilities as a result of the conflict. The Convention required workforce needs to be met, which meant that labour market measures such as skills development, counselling and other forms of training should be provided to people with disabilities to ensure that they could thrive in the labour market. Regarding the migration crisis in the country, the Government should take account of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169), which called for policies to be adopted to ensure that international migration took place under conditions designed to promote full, productive and freely chosen employment. In that light, the Government should be supported to fulfil its duty to adopt measures to respond to the needs of all categories of persons with difficulties in finding employment, including migrant workers. To conclude, the speaker recalled the short-term measures taken by the European Union to support the Government to enforce border controls to curb the use of the country’s territory as a transit route for migration to Europe. The long-term and more sustainable strategy should be in line with Recommendation No. 169 to adopt measures, including the implementation of economically and socially viable public investment and special public works programmes, particularly with a view to creating and maintaining employment, raising incomes, reducing poverty and better meeting basic needs.
The Employer members recalled that, since the ratification of the Convention in 1971, the Committee of Experts had made six observations and 12 direct requests on the conformity of national law and practice with the Convention. It was the first time that the case of Libya was being examined by the Committee on the Application of Standards relating to the present governance in the context of this Convention. The Employers referred to the provisions of Articles 1 and 3 of the Convention, which set out the obligation to declare and pursue, in consultation with the social partners, an active policy designed to promote full, productive and freely chosen employment which took due account of the stage and level of economic development in the country and the mutual relationships between employment objectives and other economic and social objectives. With respect to those Articles of the Convention, the Committee of Experts took note of the information provided in the Government’s report on: (i) the introduction of several amendments to the active employment policy with the aim of bringing it into conformity with the reality on the ground and achieving the employment objectives by focusing on several pillars, which included measures to combat unemployment resulting from the halting of development projects due to the war, education and training measures, among others, focusing on the informal economy and the participation of migrants in labour-intensive activities; (ii) the increased participation of women in the labour market, which had risen by 250 per cent between 2007 and 2012; and (iii) the increase in the number of young persons with disabilities as a result of the conflict and the rise in irregular migration.
With respect to the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee on the Application of Standards examined the case of Libya in 2017 in relation to the Government’s non-compliance with the Convention. During the examination of the case, it was emphasized that the country was in a state of internal war, facing the worst of political crises and an escalation of violence, which included the bombing of hospitals and schools. In this respect, the Employer members regretted that those devastating events were happening in the absence of the rule of law, when there were no valid counterparts and a state of war existed within the country involving various governments and internal guerrilla factions. Sustained and urgent international assistance was required to put an end to the cycle of chaos and widespread abuse that was affecting the country. The rule of law, a fundamental aspect which should never be forgotten, and a single and effective Government, were the beginning of any solution to the chaos prevailing in the country. It was difficult for the Government to intervene effectively in the labour market without the situation of internal warfare first coming to an end and control being re-established over its territory. In that context, the Employer members referred to the Preamble to Recommendation No. 205, which highlighted the importance of: (i) employment and decent work as being vital in promoting peace, preventing crises caused by conflicts, enabling recovery and building resilience; (ii) developing responses, through social dialogue, to crisis situations caused by conflicts, in consultation with the most representative employers’ and workers’ organizations and, as appropriate, with relevant civil society organizations; (iii) creating or restoring an enabling environment for sustainable enterprises, taking into account the resolution and conclusions concerning the promotion of sustainable enterprises adopted by the International Labour Conference at its 96th Session (2007); (iv) the existence of accessible and quality public services for economic recovery, development, reconstruction, prevention and resilience; and (v) international cooperation and partnerships among regional and international organizations to ensure joint and coordinated efforts. Recognizing the complexity of the situation in the country, the Employer members hoped that the Government would in due course be in a position to provide the Committee of Experts with information on: the labour market strategy; the manner in which it was considered that employment objectives would be achieved; the progress made in the compilation and analysis of labour market data; the measures adopted to promote the establishment and development of SMEs and to increase the labour market participation of persons in vulnerable situations; and updated statistical information. In that respect, they invited the Government to avail itself of ILO technical assistance. Lastly, the Employer members launched an urgent call to the international community and to employers’ and workers’ organizations to work together in a coordinated manner with a view to bringing the armed conflict to an end as soon as possible. They also called on the ILO to support the Government through technical assistance with the aim of re-establishing labour institutions in Libya so that the objective of full, productive and freely chosen employment could be achieved, in accordance with the provisions of the Convention.
The Worker member of Italy recalled that, in its comments, the Committee of Experts took note of the information provided by the Government in relation to the establishment in 2012 of a commission to modify the labour market policy, which included measures such as the promotion of the participation of migrants in labour-intensive activities. However, such commitment did not materialize.
According to the 2018 Amnesty International report, at least 7,000 migrants and refugees were languishing in Libyan detention centres where abuses were rife, and food and water were in short supply. According to the UN High Commissioner for Refugees (UNHCR), only in April 2018, the Coast Guard intercepted 1,485 women, men and children at sea and brought them back to the country. Once intercepted, refugees and migrants were transferred to detention centres run by the Department for Combating Illegal Migration (DCIM). Furthermore, in its 2017 observation on Libya’s application of the Forced Labour Convention, 1930 (No. 29), the Committee of Experts observed that migrants had been subjected to financial exploitation and forced labour. While acknowledging the complexity of the situation unfolding in the country, the speaker stressed that any labour market strategy or employment policy developed by the Libyan authorities should not compromise human and workers’ rights or promote exploitation. Instead, it should ensure basic respect for human rights and access to basic public services for the most vulnerable groups. The speaker added that the Government could not be considered a safe country to be assigned the responsibility of managing migratory movements along the central Mediterranean route to Europe. In light of bilateral relations with the European Union, it was unacceptable to tolerate pushbacks or collective expulsions. New safe and regular channels to Europe for migrants and refugees should be established, including through humanitarian resettlements and visas. The speaker also raised a concern regarding the application of Article 3 of the Convention by Libya, which requires member States to take fully into account the views of social partners when designing and implementing an active employment policy. Finally, the speaker concluded that it was regrettable that the General Federation of Libyan Trade Unions could not express its views in this respect, as they were not allowed to be members of the Libyan delegation.
The Government member of Egypt appreciated the information provided by the Government which outlined its efforts in providing employment opportunities and welfare to groups in vulnerable situations. Of particular importance was the strategy issued by the Government to: (a) develop human resources with an interest in vocational training; (b) encourage SMEs to address unemployment; (c) empower women and ensure their effective participation in the labour market; and (d) establishment of the special financial programme for persons with disabilities to enable them to set up their own projects. All of these efforts were undertaken by the Government in spite of the difficult circumstances that the country was facing. This demonstrated the Government’s full awareness of the importance of providing decent and productive work for every jobseeker and these factors should be taken into consideration when examining the country’s case. The Government was encouraged to continue its efforts to attain the projected goals of its labour market strategy. In this regard, the ILO was urged to provide the Government with the necessary technical assistance.
An observer representing the International Transport Workers Federation (ITF), also speaking on behalf of the Dockers’ and Seafarers’ Union of Libya, considered that all the participants were united in recognizing the complexity of the situation in the country. The economy had been decimated by years of conflict. The participants also recognized the Government’s efforts to generate employment and decent work to resolve its predicament. With regard to the participation of women in the labour market in Libya, the speaker highlighted that, while the proportion of economically active individuals in the country was only 46 per cent of the total working-age population, the figure for women was less than 27 per cent, which meant that the total number of women in the workforce was barely one third that of men. Moreover, according to a recent report of the Friedrich Ebert Foundation, female labour market participation in the country was limited to only four sectors: public administration; education; health care; and social security. In this respect, the speaker indicated that there were certain administrative practices that encouraged women’s employment only in certain sectors. The unsavoury phenomenon of violence and harassment against women workers constituted another deterrent to female labour market participation. In order to promote productive employment for women, it was important to put in place programmes providing education and vocational training, as well as to re-establish the rule of law to guarantee women’s security. In relation to the maritime sector of the country, the speaker highlighted that Libya was one of the North African countries with a coastline on the Mediterranean Sea basin, whose waters were commonly associated with the perilous journeys made by desperate migrants experiencing conflict and hardship. At the time, out of the country’s 16 ports, 14 were in operation. However, underinvestment and a lack of resources made some port operators struggle to pay their workers not to mention poor infrastructure in some ports which led to significant occupational safety and health deficits, as well as security concerns. Marine insurers and unions alike continued to advise shipowners to warn crews of the volatility of the situation, including oil smuggling activities off the western coast of the country. The maritime sector was seen as having great potential. It was, therefore, hoped that a holistic approach would be adopted to develop a policy that would fully revive the ports and shipping industries, in order to create long-term, stable and productive employment. While fully cognizing the difficulties on the ground, it was necessary that the Government put in place an employment policy, in consultation with the social partners, with a view to stimulating economic growth and development and overcoming unemployment and underemployment in accordance with the Convention. In doing so, the Government should be directed by Recommendation No. 205, which provided guidance to ILO member States on the measures to be taken to generate employment and decent work for the prevention, recovery, peace and resilience in crisis situations arising from conflicts. Trade unions and international workers’ organizations were ready to provide assistance in order to ensure decent work for all workers.
The Government member of Iraq welcomed the information provided by the Government. Given the difficult situation in the country due to the war and the consequent lack of security, sufficient time should be provided to the Government to reply to the comments of the Committee of Experts. Technical assistance of the ILO was highly appreciated in order to enable the country to implement the Convention.
The Worker member of Burkina Faso considered that words relating to the implementation of the Convention were irrelevant. What was important, in the name of morality, dignity and human integrity, was to pay tribute to the memory of all the Libyans massacred during the imperialist attack on the Libyan people, and those who were continuing to lose their lives as a result of the collateral damage linked to that destabilization. The inertia of international institutions, and particularly African institutions, in response to the political, economic, social and military disarray, which was having an inestimable human impact on the country and the Sahel-Saharan strip, was to be regretted. In that context, the issue of employment was a cruel reality. An employment policy which took into account the profound aspirations of the Libyan people for the development of their country, and which respected the human values of solidarity, needed to be adopted as a matter of the utmost urgency, and in compliance with the Convention and the corresponding Recommendation. In response to the cases of slavery in the country, it was important to encourage and express solidarity with the Libyan people in their fight to rebuild the country on the foundations of the human values of equality, integrity and solidarity. He urged trade unionists and other civil society organizations in Libya to continue showing solidarity and to resist the ravages of imperialism, and he called on the ILO to provide technical assistance.
The Government member of Algeria welcomed the Government’s report and the efforts made, despite the transitory situation in the country, to implement an employment and workforce development policy with a view to promoting training and development and tackling unemployment. Support for SMEs, the promotion of women’s entrepreneurship and the creation of a database of human resources to strengthen empowerment and development over the 2013–40 period would contribute to fostering a new vision of public policy in the short and medium term, thus making employment a lever for economic policy coherence. The measures taken by the Government to consolidate labour market information and ensure the monitoring and evaluation of employment policy through the collection of precise data during its implementation were noted with satisfaction. Furthermore, the conduct of studies, the provision of data on employment policy measures, the registration of job vacancies in collaboration with the social partners and the Ministry of Labour information and documentation centre, were greatly appreciated. In that context, the pilot programme launched in 2017 to finance SMEs to improve employability and the spirit of entrepreneurship and the initiative in the area of self-employment for women, men and young persons were highly commendable. The measures taken by the Government to manage cases of undocumented migrant workers in collaboration with neighbouring countries, countries of origin and international organizations were to be welcomed warmly. It was also necessary to promote the relationship between migration and development and to strengthen the database of those workers. In conclusion, he reaffirmed that there could be no social and economic stability without job creation and that decent work was the cornerstone of social cohesion. To meet those commitments, it was necessary to support the Government’s efforts for the political, social and economic stabilization of the country. ILO technical assistance was highly appreciated in that regard.
The Government representative thanked all the participants in the discussion and stressed that the National Reconciliation Government was committed to pursuing its cooperation with the ILO. The 2018 National Report on Human Development was expected to be issued in a short space of time. It aimed to establish frameworks to improve the labour market and the economic competitiveness at national level. Moreover, a report on the application of the Convention would be submitted to the Committee of Experts at its next session. The speaker underscored the commitment of the Government to implement a national employment policy in line with the Convention. Although the country’s economy depended on oil, and such resource had been facing instability on the international market, the Government would, nevertheless, continue to take the necessary measures to reduce the unemployment rate. The Government was also committed to pursue consultations with the social partners to achieve social peace and social protection. The data extracted from the 2017–18 survey would be used to develop indicators on the labour force in different regions of the country. He reaffirmed the Government’s commitment to ensure equal levels of development, with special attention to remote areas.
The Employer members noted that the information provided by the participants during the discussion highlighted the situation faced by Libya. All participants were in agreement regarding the situation in the country and the efforts that the Government was making to create employment. The Government had requested time to achieve the objectives set out in the Convention and ILO technical assistance for that purpose. This was an indication of the Government’s goodwill to resolve the problems relating to the implementation of the Convention. In this context, the Employer members reiterated their earlier statement concerning the importance of recognizing the complexity of the situation in the country. They hoped that the Government would soon be in a position to supply the information that the Committee of Experts had requested, with the help of ILO technical assistance, which the Government itself had requested, together with workers’ and employers’ organizations. In particular, they hoped that the Government would provide information on the labour market strategy, the manner in which it was envisaged that the employment objectives set out in the Convention would be achieved, the progress made in compiling labour market information, the measures adopted to promote the development of SMEs, the action taken to promote the labour market participation of persons in vulnerable situations and up-to-date statistical data on the labour market situation.
The Worker members emphasized that international labour standards were even more relevant in the midst of conflict. The Government had indicated that it had taken steps to modify its labour market strategy and to amend the employment policy, taking into account the current reality, including unemployment, underemployment and workforce skills development. The Convention prohibited discrimination in employment against women, young people, workers with disabilities, older workers and migrants. The Government should thus provide information on the strategies to increase labour market participation of persons vulnerable to decent work deficits, including statistical data segregated by age and sex. It confirmed that the process of modifying the labour market strategy and amending the employment policy was inclusive and carried out in consultation with workers’ and employers’ organizations, as required by Article 3 of the Convention. Article 1 of the Convention requires governments to ensure full, productive and freely chosen employment. In this regard, the Government was called upon to: (a) avail itself of the guidance of relevant ILO Recommendations, such as Nos 169, 189 and 205; (b) pay special attention to the over 200,000 internally displaced and the overall migration crisis; (c) ensure that young people and migrant workers had access to employment opportunities; (d) provide updated and detailed information on the labour market strategy and employment policy and the manner in which employment objectives were being realized; and (e) provide the Committee of Experts with up-to-date statistics on the employment situation, taking account of the level and trends of employment, unemployment and underemployment, as well as the available skills of the working population, especially young persons. For this purpose, the Government should establish a system for collecting data to enable analysis and assessment of the employment situation in the country, as well as empirical measurement of its compliance with the Convention. The Committee of Experts had highlighted the unique role of SMEs and, therefore, the relevance of the guidance provided by Recommendation No. 189. The Government should thus provide information on the steps and programmes it had developed to encourage setting up SMEs. The Government was urged to seek ILO assistance and support to help address the issues raised relating to compliance with the Convention.
Conclusions
The Committee took note of the information provided by the Government representative and the discussion that followed.
The Committee highlighted the impact and consequences of conflicts on poverty and development, decent work and sustainable enterprises, and recognized the importance of employment and decent work for promoting peace, enabling recovery and building resilience.
Taking into account the Government’s submission and the discussion, while acknowledging the complexity of the situation prevailing on the ground and the presence of armed conflict, the Committee requested the Government to provide information regarding:
- updated statistics on the labour market, disaggregated by sex and age;
- information on the labour market strategy and the way in which employment objectives are expected to be achieved;
- information on progress made in the compilation and analysis of labour market data; and
- information on measures to promote the establishment and development of SMEs as well as measures introduced to increase the participation in the labour market of people in vulnerable situations.
The Committee urges the Government to submit a detailed report to the Committee of Experts for its next session in November 2018.
The Committee urged the Government to avail itself of ILO technical assistance to adopt and implement without delay an active policy designed to promote full, productive and freely chosen employment in consultation with the most representative employers and workers organizations.
Finally, the Committee called on the ILO, the international community and employers’ and workers’ organizations to collaborate with the goal of re-enforcing the labour administration system in Libya so that full, productive and freely chosen employment could become a reality in Libya as soon as possible.
The Government representative recalled that as already indicated, the deadline of November 2018 was too short and more time was needed for his Government to respond to the request by the Committee of Experts. In spite of this short deadline, his Government would do its utmost to implement the recommendations of the Conference Committee.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the brief information provided by the Government in its report received in August 2008. The Government indicates that the active population in 2008 numbered 3,664,062 persons, with a total employed active population of 1,734,705, and that the number of unemployed persons was estimated at 138,108. It adds that the implementation of projects in various sectors, such as infrastructure, electricity and housing, resulted in the creation of new jobs for 45,507 persons, of whom 15,590 are women and 29,917 men. With reference to its previous comments, the Committee once again expresses its interest in examining detailed information in the Government’s next report on the manner in which employment objectives are achieved, the situation, level and trends of employment, unemployment and underemployment, both in the aggregate and as they affect particular categories of workers, such as women, young persons and workers with disabilities. The Committee also encourages the Government to report on its programmes for the promotion of small and medium-sized enterprises, taking into consideration the guidance provided by the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).
2. Article 2. Collection and analysis of employment data. The Committee emphasizes the importance of the establishment of a system for the collection of labour market data so as to be able to decide on and keep under review the measures to be adopted for attaining the objectives of the Convention. The Committee requests the Government to provide information on any progress achieved in this field.
3. Labour market policies and training. The Committee notes that the Government’s report does not contain information on labour market policies and training. The Committee reiterates its interest in examining information on training measures and their impact on the employment of the persons concerned, and it requests the Government to indicate in its next report the results of the measures adopted with a view to increasing the participation rate of women and young workers. The Committee also encourages the Government to ensure that the training provided is responsive to labour market demands taking into account the principles established by the Human Resources Development Convention, 1975 (No. 142), and the Human Resources Development Recommendation, 2004 (No. 195), in relation to education, training and lifelong learning.
4. Article 3. Participation of the social partners. The Committee recalls that, when adopting an active employment policy, it is essential to ensure that representatives of employers’ and workers’ organizations, and of workers in the rural sector and the informal economy, are associated with its formulation and implementation. The Committee hopes that the Government will provide detailed information in its next report on the consultations required by Article 3.
1. Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee takes note of the replies to the 2005 observation contained in the Government’s report received in September 2006. The Government states in its report that the number of jobseekers registered at employment offices had decreased from 154,165 citizens to 19,894 at the end of 2005 due to the measures taken to encourage young persons in setting up small and medium enterprises in various economic sectors, both in the production sector or in services, and by encouraging projects through the provision of loans by the national financial institutions. The Committee also notes the data provided by the Government indicating that the percentage of women’s participation rate has increased from 15.65 per cent in 1995 to 29.59 per cent in 2006. The Committee hopes that the Government will give priority in its plans and programmes to the objectives of full and productive employment and that it will provide detailed information in its next report on the manner in which the employment objectives set out in its plans have been achieved. Please continue to provide information on the situation, level and trends of employment, unemployment and underemployment, both in the aggregate and as they affect particular categories of workers such as women, young persons and older workers. The Committee also encourages the Government to monitor its small and medium-sized enterprises promotion programmes and to assess their employment impact taking into account the orientations provided for by the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).
2. Labour market policies and training. The Government indicates in its report that measures are also being undertaken in order to provide training and rehabilitation to approximately 73,095 citizens whose skills do not match those required by the various occupations with job openings needed in the labour market. The Committee reiterates its interest to examine information on the training measures and their impact on the employment of the persons concerned and requests the Government to indicate in its next report the results of these measures aimed at increasing the participation rate of women and young workers. The Committee also encourages the Government to monitor that its current training is responsive to labour market demands taking into account the principles established by the Human Resources Development Convention, 1975 (No. 142), and the Human Resources Development Recommendation, 2004 (No. 195), concerning education, training and lifelong learning.
3. Article 3. Participation of the social partners in the formulation and application of policies. In reply to previous comments, the Government indicates that the General Union for Producers and the Federation of Chambers of Agriculture, Commerce and Trade, the Council of Employers and the Federation of Skilled Workers participate through joint technical committees in different sectors in preparing economic and social plans, and in formulating the general policy for employment. The Committee invites the Government to provide information in its next report on any recommendation made by the above joint technical committees in relation to the formulation and implementation of employment measures. It further asks the Government to indicate the measures taken or envisaged to ensure that representatives of the rural sector and the informal economy are also associated with the consultations required by Article 3 of the Convention.
1. Implementation of an active employment policy. The Committee takes note of the Government’s report of August 2004 enumerating the aims of the employment policy adopted by the People’s Assembly of the Jamahiriya. The objectives of the employment policy aim, amongst others, at attaining full employment, at raising the performance standards of workers, at ensuring the participation of the social partners as well as the realization of all categories of workers including women, disabled and youth in the different socio-economic activities, at linking workers’ earnings with the nature of work while ensuring a minimum rate of wages, at regulating the informal sector in the labour market and at adapting educational plans with training in order to fulfil the needs of the labour market. While taking due note of these objectives, the Committee hopes the Government will provide, in its next report, detailed statistical information on employment, both in the aggregate and in the various sectors of economic activity. It further hopes that the Government will supply statistical data as detailed and up to date as possible on the level and trends of employment, underemployment and unemployment. In particular, the Committee requests the Government to provide additional information on the training measures and their impact on the employment of the persons concerned and to indicate in particular the results of these measures aimed at increasing the participation rate of women. The Government is also requested to state the manner in which education and training policies are coordinated with prospective employment opportunities, particularly for young people.
2. Participation of the social partners in the formulation and application of policies. The Committee recalls that Article 3 of the Convention requires consultations with all interested parties - in particular representatives of employers and workers - in the establishment and implementation of employment policies. It is the joint responsibility of the Government and the representative organizations of employers and workers to ensure that representatives of the most vulnerable and marginalized groups of the active population are associated as closely as possible with the formulation and implementation of measures of which they should be the prime beneficiaries (see paragraph 493 of the General Survey of 2004 on promoting employment). The Committee trusts that the Government will include detailed information in this regard in its next report.
3. As in its 2003 observation, the Committee underlines that the preparation of a detailed report will certainly provide the Government and social partners with an opportunity to evaluate the achievement of the objectives of full and productive employment. The Committee recalls that the assistance of the Office is available for the technical implementation of an active employment policy in the sense of the Convention.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its 2001 observation which read as follows:
The Government states in its very brief report for the Convention that it has not yet adopted an employment policy, but it intends to send information to the Office when it becomes available. The Committee emphasizes the fundamental importance of adopting an employment policy and programmes within the framework of a coordinated economic and social policy and in consultation with representatives of workers, employers and other groups affected, such as rural and informal sector workers. It urges the Government to adopt an employment policy and implement appropriate programmes as soon as possible and requests a detailed report on all of the points raised in the report form for the Convention.
The preparation of a detailed report will certainly provide the Government and social partners with an opportunity to evaluate the achievement of the objectives of full and productive employment of the Convention. The Committee notes that the assistance of the Office is available to comply with the reporting obligations and for the technical implementation of an active employment policy in the sense of the Convention.
The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2001 observation, which read as follows:
The Committee notes with regret that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
The Committee took note of the information supplied by the Government in reply to its previous direct requests and, in particular, the report on the application of the Convention drawn up by the People's Committee for Vocational Training. It notes the growth in the national labour force during the period under review and the increase in the participation rate of women. The Committee notes that general surveys are to be conducted in the near future on the situation and trends in employment, which will be used as a basis for planning and formulating employment policies. It hopes that these surveys will enable the Government in its next report to provide detailed statistical information on employment, both in the aggregate and in the various sectors of economic activity, as concerns particular categories of the population such as young people, women and immigrant workers. The Committee also asks the Government to state in what manner, on the basis of this information, an active employment promotion policy is formulated in consultation with the representatives of the persons concerned, in accordance with Articles 1, 2 and 3 of the Convention. Please also provide additional information on the following points.
1. The Committee notes with interest that special attention is being given to measures for training the workforce and that training plans have been adopted for more than 20 sectors. The report also refers to measures for on-the-job training, the enhancement of training opportunities for women and the establishment of vocational training centres for young people. The Committee would be grateful if the Government would provide additional information on the training measures and their impact on the employment of the persons concerned. Please indicate in particular the results of the training measures aimed at increasing the participation rate of women. Please state the manner in which education and training policies are coordinated with prospective employment opportunities, particularly for young people.
2. With reference to its previous direct request, the Committee would be grateful if the Government would provide information on developments in the application of the recommendations on raising production capacity and the redeployment of administrative staff in productive sectors.
3. More generally, the Committee asks the Government to complete the information on employment market policy measures with particulars of general and sectoral development policies that contribute to the promotion of full, productive and freely chosen employment.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes that General Surveys are to be conducted in the near future on the situation and trends in employment, which will be used as a basis for planning and formulating employment policies. It hopes that these surveys will enable the Government in its next report to provide detailed statistical information on employment, both in the aggregate and in the various sectors of economic activity, as concerns particular categories of the population such as young people, women and immigrant workers. The Committee also asks the Government to state in what manner, on the basis of this information, an active employment promotion policy is formulated in consultation with the representatives of the persons concerned, in accordance with Articles 1, 2 and 3 of the Convention. Please also provide additional information on the following points. 1. The Committee notes with interest that special attention is being given to measures for training the workforce and that training plans have been adopted for more than 20 sectors. The report also refers to measures for on-the-job training, the enhancement of training opportunities for women and the establishment of vocational training centres for young people. The Committee would be grateful if the Government would provide additional information on the training measures and their impact on the employment of the persons concerned. Please indicate in particular the results of the training measures aimed at increasing the participation rate of women. Please state the manner in which education and training policies are coordinated with prospective employment opportunities, particularly for young people. 2. With reference to its previous direct request, the Committee would be grateful if the Government would provide information on developments in the application of the recommendations on raising production capacity and the redeployment of administrative staff in productive sectors. 3. More generally, the Committee asks the Government to complete the information on employment market policy measures with particulars of general and sectoral development policies that contribute to the promotion of full, productive and freely chosen employment.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes the information supplied by the Government for the period ending June 1988. It notes that a new five-year plan has not been established. The Committee would be grateful if the Government would indicate in its next report how "an active policy designed to promote full, productive and freely chosen employment" has been declared and if it would specify the texts by which it was defined (see the questions in the report form for Article 1 of the Convention).
2. In reply to its previous comments, the Government refers to the recommendations put forward by the people's congresses on raising production capacity, and particularly measures to abolish certain jobs and to redeploy administrative staff into productive sectors, and to promote vocational training in the public sector. Please supply a copy of Law No. 9 of 1986 respecting the redeployment of administrative staff. Please continue to supply information on the level of success of this and of the initiatives that have been taken within the context of the overall plan for the training of public administration staff. Furthermore the Committee requests the Government to supply the information that has been requested on other occasions as to the impact of the measures that have been taken under Law No. 15 of 1981 on productivity levels.
3. The Committee notes with interest the statistical data supplied by the Government on the number of students that are directed towards vocational secondary teaching, general secondary teaching and the staff of higher educational institutes. It also notes the information concerning the rise in the participation rate of women and the measures that have been taken in favour of the disabled. It requests the Government to continue to include in its reports information on the measures that have been taken to co-ordinate education and training policies with prospective employment opportunities and the measures intended to meet the needs of particular categories of workers such as women, young people, migrant workers and disabled workers.
4. The Committee refers to points 5 and 6 of its previous request (1989) concerning the migrations of the labour force and consultation procedures. It would be grateful if the Government would supply the information that it considers appropriate in this connection.
5. Finally, the Government describes some difficulties that it is encountering in implementing a policy to increase production capacity. The Committee hopes that the Government's next report will indicate the extent to which these difficulties have been overcome. In this connection, the Committee recalls the importance of gathering and analysing statistical and other data concerning the labour market situation and trends as a basis for the decisions that are to be taken, in consultation with the interested parties, as regards employment policy. It would be grateful if the Government would supply, in this connection, the information required by the report form under Articles 2 and 3 and in Part VI of the report form.
4. The Committee refers to points 5 and 6 of its previous request concerning the migrations of the labour force and consultation procedures. It would be grateful if the Government would supply the information that it considers appropriate in this connection.