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

The Committee notes the Government’s report, as well as the comments provided in reply to comments made by the International Confederation of Free Trade Unions (ICFTU) in October 2000 concerning the situation of sub-Saharan migrant workers in Libya.

1. The Committee recalls that the ICFTU comments alleged that acts of violence, stemming from the anti-black sentiment in the population, had been perpetrated by young Libyans against black Africans, following a decision of the Libyan authorities to take drastic measures against the employment of foreigners. The Committee notes the Government’s statement that disputes between citizens of the Libyan Arab Jamahiriya and citizens of other countries have indeed occurred and that those involved had been referred to the judicial authorities in accordance with the law. As regards the measures against the employment of foreigners, the Government states that the labour laws prescribe the manner in which non-citizens should be employed and that numerous foreign workers from African and other countries are employed in the Libyan Arab Jamahiriya. Having work and residence authorization, these foreigners are enjoying, in the Government’s view, their full rights, as do their Libyan colleagues, without discrimination. The Government states that the repatriation of some African citizens had been undertaken in full coordination with their respective countries because they resided illegally in the country.

2. The Committee notes this information. Stressing that the Convention provides protection from discrimination to all workers, the Committee is concerned that a climate of anti-black sentiment and racially motivated acts against foreign workers may well have an adverse impact on their employment situation and terms and conditions of employment. It asks the Government to provide information on measures taken to prevent racially motivated violence against foreign workers; to ensure that these workers are not being discriminated against in employment and occupation on the basis of race, national extraction and colour; and to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries. With regard to the issue of outstanding wage payments due to expelled workers, reference is made to the Committee’s comments under Convention No. 95.

3. While noting that the Government’s report replies to some points raised in the Committee’s previous comments, most of the information provided is of a very general nature and has already been received by the Committee. The Government reiterates that discrimination is prohibited in legislation and that in practice there are no complaints about discrimination. The Committee once again recalls that it is concerned over statements to the effect that the Convention is fully applied, particularly when no other details are given on the content and methods of promoting and implementing the national policy on equal opportunity and treatment or on the employment situation of women and men and members of various groups. The Committee also recalls that the absence of complaints concerning discrimination, usually means a lack of awareness and/or insufficient complaint or inspection mechanisms. The Committee therefore once again requests the Government to supply detailed information on the measures taken or envisaged to ensure effective application of the principle of equality of opportunity and treatment in employment and occupation and particularly on the practical effect given to the legislative prohibition against discrimination. Please indicate the measures taken to obtain the cooperation of employers’ and workers’ organizations in promoting the acceptance and observance of non-discrimination and equality in employment and occupation.

4. Discrimination on the basis of sex. The Committee recalls its previous comments concerning the access of women to all types of work and sectors of production, and not only those corresponding to traditional stereotypes of "women’s work". It notes the Government’s statement that training opportunities are available to women on an equal footing with men in all fields. The Committee again asks the Government to supply statistical data in its next report on women’s participation in training in the various fields of study and on the quantitative as well as qualitative position of women in the labour market. Please also provide copies of reports or studies which illustrate the implementation of the principle of equality of opportunity and treatment between men and women with regard to access to employment and terms and conditions of employment in both the public and private sector. Noting that section 1 of Act No. 8 of 1989 states that women are entitled to assume judicial and public prosecution posts, as well as posts in the judicial administration on the same conditions as those offered to men, the Government is requested to provide any information, including any statistical data, that would allow it to assess the impact of the Act on the equal access of women to posts in this specific field.