Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Discrimination on the basis of race, colour or national extraction. The Committee recalls its previous observation in which it expressed regret regarding the lack of measures taken by the Government to address discrimination against foreign workers, especially those originating from sub-Saharan Africa, on the basis of race, colour or national extraction in employment and occupation. The Committee regrets that the Government continues to give general replies and it is concerned at the Government’s apparent lack of consideration of the need to take active measures to protect both citizens and non-citizens against ethnic and racial discrimination. Without specific information on the actual situation of foreign workers from sub-Saharan Africa in the Libyan labour market, and on the measures taken to promote and ensure their equality of opportunity in law and in practice, it is difficult for the Committee to assess to what extent the Convention is being effectively applied in their regard. The Committee urges the Government to take immediate steps to examine the situation of alleged racial and ethnic discrimination against foreign workers originating from sub-Saharan Africa, and to report on the findings. The Committee also urges the Government to provide detailed information on all measures it is taking to prevent and eliminate the occurrence of ethnic or racial discrimination in law and in practice in all aspects of employment and occupation, and to take measures to promote tolerance, understanding and respect between Libyan citizens and workers from other African countries.

Lack of national policy on equality. In previous observations, the Committee expressed serious concern about the persistent lack of information in the Government’s report on its obligation under Article 2 of the Convention to declare and implement a national policy on equality with respect to all the grounds covered by the Convention. The Committee recalled that Act No. 20, 1991, on the promotion of freedom only concerned equality between men and women and that there was no comprehensive legislation to prevent and prohibit direct and indirect discrimination in all aspects of employment and occupation on the grounds contained in Article 1(1)(a), of the Convention. The Committee regrets that the Government continues to maintain that the principle of equality and prohibition of discrimination is reflected in the national legislation but fails to provide any information about the concrete measures taken to declare and pursue a national policy on equality in employment and occupation with respect to all the grounds covered by the Convention. The Committee therefore urges the Government to take immediate steps to declare and pursue a national policy on equality of opportunity and treatment in employment and occupation with respect to the grounds of race, colour, religion, political opinion, national extraction and social origin. Noting that the new Labour Code has been submitted to the General People’s Congress, the Committee firmly hopes that the Code will contain provisions clearly prohibiting direct and indirect discrimination in all aspects of employment and occupation on all the grounds contained in the Convention, and requests the Government to provide information on status of the adoption of the Code.

Equality of opportunity and treatment between men and women with respect to employment and occupation, vocational training and placement services. The Committee recalls its previous observation in which it had noted that, while increasing, women’s economic activity remained low (29.59 per cent). The Committee further recalls Decision No. 258, 1989, of the General People’s Committee relating to the rehabilitation and training of Libyan women which provides that all workplaces are obliged to employ women who have been referred to them by the employment offices (section 2). Decision 258 also provides for the establishment of municipal employment units responsible for providing job opportunities to women and for the formulation of a specific training programme for women (sections 3 and 4). The Committee had expressed concern that the practical effect of certain provisions in Decision No. 258, 1989 referring to “suitable job opportunities to women”, “suitable to women’s nature and social conditions” or “suitable their psychological and physical make-up” could result in gender inequalities in the labour market, and encourage occupational gender segregation.

The Committee notes that with respect to access to employment the Government’s report merely includes information previously provided regarding the access of women in certain government, judicial and public prosecution posts and in the judicial administration. With respect to access to vocational training, the Government replies that there are no areas of education or training prohibited to women and that in 2007 women represented 69.2 per cent of the university graduates, accounted for 39.6 per cent of the higher education graduates and 44.2 per cent of the graduates of intermediate technical schools. The Committee notes this information but considers it to be insufficient to assess to what extent real progress has been made with respect to the promotion of women’s participation in all fields of study and in a wide range of job opportunities at all levels. The Committee therefore urges the Government to provide full information on the following:

(i)    the meaning of “suitable job opportunities to women”, “suitable to women’s nature and social conditions” or “suitable to their psychological and physical make-up” referred to in Decision No. 258, 1989, of the General People’s Committee on the rehabilitation and training of women;

(ii)   the concrete measures taken or envisaged to ensure that the practical effect of Decision No. 258, 1989, does not lead to women being excluded or discouraged from participating in vocational training courses or being denied job opportunities in traditionally male areas, and the results achieved;

(iii) detailed statistical data disaggregated by sex on the employment of men and women in the various occupations and sectors of the economy, including their employment in high-level posts in both the public and the private sectors;

(iv)  the practical effect given to sections 2 to 4 of Decision 258, 1989, and their impact on improving the position of women in the labour market; and

(v)   detailed statistical data disaggregated by sex on women’s and men’s participation in all fields of vocational training and education, and the measures taken to ensure that women are offered a wide range of job opportunities at all levels, including in sectors in which they are currently absent or under-represented.