Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - Libya (Ratification: 1961)

The Committee notes the discussion that was held by the Committee on the Application of Standards (Conference Committee) at the 113th Session of the International Labour Conference (June 2025), regarding the application of the Convention by Libya.

The Committee takes note of the observations of the International Organisation of Employers (IOE), received on 1 September 2025. It notes that the IOE expresses the hope that progress will be made in the application of the Convention, in line with the Conference Committee’s conclusions and in close consultations with the most representative employers’ organization in Libya. The Committee further notes the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025.

F ollow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, May–June 2025)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrants to conditions of forced labour, including trafficking. The Committee notes that both the Committee in its previous comments and the Conference Committee, while noting the prevailing situation in the country, expressed deep concern regarding the situation of migrants workers who are forced to work under extremely harsh conditions and experience ill treatment, including torture, death, enslavement, and sexual exploitation with the complicity of the Government. The Conference Committee recalled the importance of ensuring that all victims have access to protection, assistance and effective remedies, including voluntary repatriation and reintegration where appropriate.

The Committee notes the Government’s indication in its report that irregular migrants and victims of trafficking and smuggling are provided with access to shelters. Field visits have been conducted by members of the Public Prosecution to shelters to undertake a comprehensive evaluation of humanitarian conditions, medical care, and shelter standards. Moreover, cooperation has been activated with international organizations, foremost the IOM and the United Nations Office on Drugs and Crime (UNODC), to provide technical and logistical support, develop National Referral Mechanisms and deliver legal, medical, and psychological services to trafficked and smuggled migrants. The Government further indicates that, in coordination with the IOM, the return of 25,000 irregular migrants in 2024 and 18,000 in 2025 to their countries of origin was facilitated. It also reports that, in 444 cases, they were transferred to third countries under international resettlement programmes, following an assessment of their legal and humanitarian status. In addition, 902 persons in situations of vulnerability, including women and children, were evacuated to safe centres outside the country.

As regards detention centres, the Committee takes due note of the Government’s confirmation that several detention centres, where it was established that humanitarian standards had been violated, have been closed, including the premises at Ghawt al-Shaal, Bi’r al-Ghanam, Al-Nasr al-Zawiyah, Al-Assah and Tariq al-Matar. The Government also confirms the dismantling of the Directorate for Combating Irregular Migration, in May 2025, in response to abuses committed in some shelters under the authority of the Directorate (Decision No. 227 of 2025).

The Government also recalls the persistent political and security instability in the country, emphasizing that its position as a transit country on Europe’s southern border presents complex challenges for the implementation of public policies. International organized trafficking networks exploit this geographic position to facilitate irregular migration, thereby placing a disproportionate burden on national authorities. The Government states that addressing this situation requires enhanced international cooperation based on the principles of shared responsibility, respect for national sovereignty, and the provision of technical and logistical support to strengthen national capacities.

The Committee notes that, in its observations, the ITUC expressed serious concern over the persistent violations regarding the treatment of migrant workers in the country and deplored the situation of migrants being intercepted, arbitrarily detained, enslaved in state-run detention centres, with women and girls subjected to rape and sexual slavery, as well as the collusion between state actors and traffickers and the total absence of justice and redress. The ITUC urged the Government to take concrete action to combat the exploitation of migrant workers, particularly at the hands of state officials, and promote safe and decent working conditions for all migrants.

The Committee also observes that, according to the UN Secretary-General Report on the United Nations Support to Libya, of 8 August 2025, the number of refugees and migrants in Libya exceeded 858,000, as of February 2025. A considerable number of migrants and refugees were intercepted while crossing the Mediterranean, or the Libya-Tunisia/Algeria borders. Those intercepted were transferred to facilities where they were reportedly arbitrarily detained and subjected to human rights violations. The Report also points out that the dissolution of the Directorate for Combating Illegal Migration led to the closure of all official detention centres in Tripoli and the release of detainees, except from the Tajura detention centre, which remains operational. Armed groups, however, reportedly continued to operate at least six unofficial detention centres, holding over 3,000 individuals in inhumane conditions. Serious human rights violations, including torture, sexual violence, enforced disappearance, extrajudicial killings and forced labour, have been reported at those unofficial detention centres (S/2025/509).

The Committee deplores the situation of migrants who continue to be intercepted, arbitrarily detained and subjected to forced labour practices. Whileacknowledging that the country faces a number of complex political, institutional and security challenges, the Committee urges the Government to take effective and urgent measures to put an end to the arbitrary detention and exploitation of migrants and to prevent them from being subjected to forced labour and trafficking in persons. The Committee urges the Government to intensify its efforts to provide migrants, particularly those who are victims of abusive practices amounting to forced labour, with adequate legal protection and assistance, including access to justice, as well as to ensure their voluntary repatriation and reintegration.

Legal and institutional framework on trafficking. The Committee observes that the Conference Committee urged the Government to take, in consultation with the social partners, effective and time-bound measures to provide migrant workers with adequate legal protection, including by ensuring the adoption of the Bill on combating trafficking in persons shortly. The Committee notes the Government’s information that the Bill on combating trafficking in persons has not yet been adopted by the House of Representatives because it had been reviewed by the Centre for Criminal Research and Training, an entity within the Attorney General’s Office, with a view to aligning it with international standards. The Government indicates that, nevertheless, the national legislation addresses trafficking in persons from multiple angles : the Penal Code, which criminalizes slavery, servitude and the trafficking of women for sexual purposes (sections 418–428); Act No. 19 of 2010 on Combating Illegal Migration which criminalizes smuggling (sections 4 and 10); and Act No. 5 of 27 September 2022 on Combating Cybercrime which criminalizes the online dissemination of information for the purpose of facilitating or engaging in human trafficking. The Government also refers to the development of the National Strategy to combat trafficking in persons, as well as to the establishment of the Supreme Committee on Illegal Migration and Borders which is entrusted with the development of a consolidated database on migrant workers.

The Committee recalls that while the Penal Code criminalizes trafficking of girls/women for sexual exploitation in an international context, the legislation does not include provisions covering trafficking in persons (both men and women) for labour exploitation not the internal trafficking of persons for sexual exploitation. Considering the national context, the Committee also stresses the urgent need to adopt a policy framework to combat trafficking in persons with a view to develop systematic and coordinated action to prevent and combat this phenomenon and protect the victims.

The Committee strongly urges the Government to take the necessary measures to strengthen its legal and policy framework to effectively combat trafficking in persons and calls upon the Government to adopt, as a matter of urgency : (i) the Bill on combating trafficking in persons so as to ensure that trafficking for labour and sexual exploitation is fully criminalized; (ii) a national strategy to combat trafficking to ensure coordinated action encompassing prevention, prosecution, protection of victims and their compensation; and (iii) a comprehensive policy to regulate labour migration and ensure the protection and inclusion of migrant workers.

Article 25. Prosecution and application of penal sanctions. The Committee notes the Government’s indication that measures have been taken to strengthen oversight. New labour inspectors have been recruited, particularly in regions with a high concentration of workers, and inspectors have been instructed to focus their efforts on high-risk sectors, such as construction, agriculture, and workplaces employing migrant workers. Inspectors benefited from training sessions organized in cooperation with the ILO on topics such as combating forced labour, conducting inspections in high-risk sectors, and investigating compliance with occupational safety and health standards. A field mapping system is being developed to identify priority areas for inspection. Furthermore, coordination mechanisms are being established between the labour inspection authority and the Public Prosecution Authority to ensure the prompt referral and prosecution of cases involving forced labour and trafficking in persons. The Government also states that : (i) the Office of the Attorney General’s Criminal Research and Training Centre has conducted several workshops activities; (ii) in the framework of the National Initiative to Combat Human Trafficking launched in July 2024, the Public Prosecution Authority held six round table discussions; (iii) prosecutors received training on victim identification; and (iv) investigative mechanisms and coordination with international organizations were strengthened and cross-border and judicial cooperation tools were implemented.

In addition, the Government indicates that the Public Prosecution has recorded an increasing number of criminal cases related to smuggling and trafficking of migrants in various regions, involving migrants from Ethiopia, Eritrea, Sudan, Nigeria, Syrian Arab Republic, Pakistan, Bangladesh and Mali, reflecting the international dimension of certain criminal networks. A total of 38 individuals were referred to the Public Prosecution on charges related to trafficking in persons. In addition, 513 electronic platforms promoting irregular migration were shut down, and 13 criminal groups involved in human smuggling and trafficking were dismantled, involving 1,677 victims. In response to the Committee’s comments on the need for thorough investigations and prosecution of perpetrators, including complicit officials and members of the armed groups, the Government affirms that the criminal justice system applies equally to all individuals, irrespective of their status or official position.

While taking due note of this information, the Committee observes that the Government has not provided information on the outcome of the cases referred to the Public Prosecutor, nor on the sanctions imposed on perpetrators. The Committee recalls that, by virtue of Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, and the penalties imposed by law shall be really adequate and strictly enforced.

The Committee urges the Government to intensify its efforts to : (i) strengthen the capacity of law enforcement bodies, in particular the police and the labour inspectorate, to better identify cases of trafficking in persons for both labour and sexual exploitation, as well as cases of exploitation of migrants amounting to forced labour, including in detention centres; (ii) ensure that all identified cases are subject to full and thorough investigations with a view to initiating prosecutions, and hold all perpetrators accountable (including in cases involving the complicity of state officials or members of armed groups) and sanction them with sufficiently dissuasive penalties. The Committee requests the Government to report on the number of investigations and prosecutions initiated, as well as the number of convictions handed down, and penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.