Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s reports, including a further reply to the comments by the International Confederation of Free Trade Unions (ICFTU) of 2000.

1. Articles 2 and 3 of the Convention. Discrimination based on race, colour or national extraction. In its previous observation, the Committee had referred to the comments of the ICFTU in 2000 alleging 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. In its reply, the Government recognized that disputes between citizens of the Libyan Arab Jamahiriya and citizens of other countries had occurred and indicated that the issues had been forwarded to the judiciary. The Committee notes that the judiciary has rendered a decision on this matter and that the Government will inform the Committee in due course on any further developments. The Committee requests that a copy of this judgement be forwarded to the Office. As for the measures against the employment of foreigners, the Committee notes that the Government continues to maintain that there is no discrimination or bad treatment towards foreigners of whatever nationality and that numerous black Africans work or are employed.

2. The Committee notes this information as well as the Government’s statement that it is endeavouring to provide all the necessary care and treatment to foreign workers from African or other countries who contribute to the development process. While welcoming this statement, the Committee remains 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. The Committee stresses that the Convention protects both citizens and non-citizens against discrimination on the basis of race, colour and national extraction. It therefore urges the Government to provide the information previously requested on measures taken: (1) to prevent racially motivated violence against foreign workers; (2) to ensure that these workers are not being discriminated against in employment and occupation on the basis of race, national extraction and colour; and (3) to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries. To this end, the Government may wish to consider undertaking studies with a view to effectively assessing the occurrence of racial and ethnic discrimination in employment and occupation, and taking the measures necessary to eliminate and prevent such occurrences.

3. The Committee regrets to note that the Government once more failed to provide information enabling the Committee to assess the progress made in the application of the Convention generally. It therefore reiterates its previous comments, which read as follows:

Articles 2, 3 and Parts IV and V of the report form. 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.

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.

The Committee hopes that the Government will make every effort to provide in its next report full information in this regard.