Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

With reference to its observation, the Committee hopes that a detailed report will be provided for examination by the Committee at its next session and that it will contain full particulars on the points raised in its previous direct request, which read as follows:

Article 6 of the Convention.  The Committee again asks 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 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, Uruguay).

Article 7.  In previous comments, the Committee noted that the National Commission for the Study of International Labour Conventions and Recommendations had recommended that the competent authorities should take into consideration the Committee’s observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and Tunisia. It therefore hopes that in its next report the Government will be able to state what efforts have been made to improve the application of Article 7 of the Convention on 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 expresses 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 points 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 the 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 agreements 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 Government is asked to supply full particulars to the Conference at its 91st Session and to reply in detail to the present comments in 2003.]