Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Part IV (Unemployment benefit) of the Convention. The Committee notes with regret that the Government's report received in 1997 only reproduces the information provided previously and adds no new element allowing it to assess developments in the situation. In these circumstances, the Committee wishes to recall that the unemployment benefit paid by the employer cannot be considered as sufficient to give effect to Part IV of the Convention, which has to be implemented by a system of social security organized and financed in accordance with Articles 71 and 72 of the Convention. The Committee therefore hopes that the Government will not fail to re-examine the situation and to take all the necessary measures, in both law and in practice, to establish an unemployment protection system in accordance with the Convention.

2. Part VII (Family benefit). The Committee notes with regret that the Government's report contains no new information on this subject in reply to its previous observation. It is therefore bound to recall that section 24 of the Social Security Act provides for the provision of family allowances to pensioners only whereas, in accordance with Article 41 of the Convention, the persons protected shall comprise: (a) prescribed classes of employees, constituting not less than 50 per cent of employees; or (b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or (c) all residents whose means during the contingency do not exceed prescribed limits. The Committee once again hopes that the Government will be able to re-examine the situation so as to include in the Libyan social security scheme measures relating to family benefit in order to ensure that full effect is given to Part VII of the Convention.