Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Libya (Ratification: 1975)

Other comments on C102

Observation

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The Committee takes note of the reports supplied by the Government in 2012 and 2013 on the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), and the Medical Care and Sickness Benefits Convention, 1969 (No. 130), in which the Government refers to the adoption of new legislation having an impact on the application of ratified social security Conventions, including Act No. 12 of 2010, promulgating the new Labour Relations Law, and Act No. 20 of 2010 on health insurance. The Committee notes, in particular, that the Government reiterates that the Social Security Fund is still in the process of carrying out an actuarial study as required by section 34 of the Social Security Law No. 13 of 1980 with a view to undertaking a comprehensive review of periodical payments provided by the social security system, considering the number of participants as well as the monetary and in-kind benefits which will be provided, and the value of contributions for the persons insured in the future. The Government also reiterates its willingness to request the technical assistance of the ILO in this respect.

Conscious of the difficult situation which prevails currently in Libya, the Committee commends the Government’s decision to undertake an actuarial analysis before making major parametrical decisions aimed at reforming the national social security system, in line with Article 71(3) of the Convention which establishes the general responsibility of the State for the due provision of benefits, including through actuarial studies before any change in benefits, the rate of insurance contributions or the taxes allocated to covering the contingencies in question.

The Committee hopes that the Government will soon be in a position to provide information about new developments in this respect and will resume the examination of the pending technical issues under the abovementioned Conventions with the regular reporting cycle, that is in 2016.