Individual Case (CAS) - Discussion: 2003, Publication: 91st ILC session (2003)

A Government representative indicated that Social Security Act No. 13 of 1980 which is applied in the Libyan Arab Jamahiriya was one of the most advanced laws because it included many monetary and in-kind benefits. He added that the Act was promulgated after detailed examination, in collaboration with the Office, which provided technical assistance. He pointed out that the regulations that were issued to put it to effect were based on equality of treatment and non-discrimination between Libyan citizens and foreigners. He highlighted that that the Social Security Act did not contain any kind of discrimination. Section 31 thereof specified the categories of persons covered by social security schemes: partners in undertakings; public officials; workers employed with labour contracts; self-employed workers; and other categories. The same section specified that in the Libyan Arab Jamahiriya, non-national residents benefited from social security schemes within the conditions set down in the regulations, and in accordance with international Conventions. While section 6 of the Regulations on Registration, Contributions and Inspection defined workers with labour contracts as workers who are employed with others by virtue of a written or oral employment contract in return for wages or a salary paid in cash or in kind, be it in productive or non-productive tasks, be it a national or non-national worker, regardless of the workplace, public or private in accordance with the provisions specified in these regulations and the provisions of international Conventions.

He stated that the Libyan Arab Jamahiriya had previously replied to the observation made by the Committee of Experts. However, he believed that there was some difference in views in the interpretation of the provisions of Convention No. 118 and the Social Security Act and the Regulations that put it to effect. He highlighted the following points:

- Section 38(b) of the Social Security Act No. 13 of 1980 covered non-nationals whose service or work is terminated for reasons other than the reasons referred to in sections 13, 14, 17 and 18. In other words, employment or service was ended not on account of reaching the legal age for pension entitlement, nor on account of an occupational injury leading to partial invalidity; in which case, the worker was entitled to a full pension. Nor did it involve an incapacity to earn as a result of an occupational accident, for which the worker is entitled to a partial pension. This did not entail the termination of employment or service as a result of a continuous total and permanent invalidity (60 per cent or more) resulting from bad health, disease, or accident other than an occupational accident for which the worker is entitled to a pension, as specified by the Act and Regulations. In other words, if the service of a non-national ends naturally, that is, at the end of the employment contract, and if it were not renewed, he was not entitled to a pension, in accordance with the abovementioned sections. In such a case, the non-national would obtain a lump sum for the period of employment or service unless it was calculated within the overall pensionable period regulated by the social security Conventions concluded between the Libyan Arab Jamahiriya, and the country of origin of the non-national.

- Section 38(a) and (b): (a) related to nationals and (b) related to non-nationals. Both had the same formulation except in the case of a national who was not entitled to a pension if the period of employment or service was terminated, the State was obliged to grant him a pension until he obtained another job. This applied to the majority of countries, in which unemployment benefits were granted for their citizens.

As for non-nationals, if the employment or service was terminated, and if the worker was not entitled to any pension, the worker would return to his country after having obtained a lump sum as indicated in the regulations, provided that this period was not accounted in the periods regulated by the social security schemes, concluded between the Libyan Arab Jamahiriya and the country of origin of the insured worker. The speaker was of the view that there was no discrimination in the above section for workers who work with an employment contract in a country other than his own, when a worker's work was ended, and when he was not entitled to any kind of pension. He stated that the State could not pay pensions to non-nationals if the duration of their employment was ended because they had to return, in accordance with the Act, after obtaining their rights. If a worker returned to work or obtained another job and if he were not entitled to a pension but to lump sum benefits, the duration of his previous employment would be counted in the overall pension entitlement, as set down in section 15 of the Act.

With regard to the second comment made by the Committee of Experts on section 5(c) of the Regulations on Registration, Contributions and Inspection (this was not the Social Security Act as mentioned in the observation made by the Committee of Experts) which indicated that the schemes of registration and contributions should apply to non-national employees who were residents in the Libyan Arab Jamahiriya, and who were beneficiaries of the provisions of social security on the condition that they give their consent or if there was an agreement with their countries of origin. Those employees were public employees with contracts of a specific duration and were not workers. They were also covered by medical care provided by the State, and were beneficiaries of end-of-service allowances besides housing and furniture. It was for that reason that the regulations gave them the possibility of benefiting from the social security scheme if they so wished or if there were an agreement with the countries. In the majority of cases, their employment would be concluded through their governments within the context of bilateral cooperation. With regard to other workers, they were compulsorily affiliated to the social security scheme.

With regard to section 8(b) of the Regulations on Registration, Contributions and Inspections (this was not the Social Security Act as mentioned in the observation of the Committee of Experts), this paragraph dealt with self-employed workers, who were residents in the Libyan Arab Jamahiriya, and who were non-nationals. The paragraph specified that the worker could benefit from the social security schemes on his or her consent or if there were an agreement with the country of origin. This was an advantage granted to this category of self-employed workers because the residence of the worker himself could be for a short duration in the Jamahiriya, or he could be a contributor to another social security system, or insurance in his country of origin, or in another country. The speaker considered this advantage as a freedom of choice, and not as an obligation.

With respect to section 16 (2) and (3) of the Regulations on Social Security Pensions, these specified the entitlement to a pension, and provided that non-national contributors were not entitled to a pension unless they spent ten years in employment or service after 1 June 1981, the date of entry into force of the Social Security Act whilst fulfilling all the other entitlement conditions specified in Act No. 13 of 1980. Consequently, if the ten-year period was not fulfilled, the contributor was entitled to a lump sum as set forth in the abovementioned Regulations. The speaker added that section 16, paragraph 3, was supplementary. Since 1 June 1981, if a non-national contributor wished to have a previous period be accounted in the social security scheme, he had to have contributed to the said social security scheme in order to be entitled to a pension. The total of the two contribution periods should not be less than ten years; in other words, the contribution period within the social security scheme should be added to the duration of employment, in such a manner that the total would amount to at least ten years, for an entitlement to a pension benefit. He further indicated that section 95(3) of the same Regulations included the above condition with respect to the entitlement to a total invalidity benefit for non-occupational accidents. If that condition was not met, non-national contributors would be entitled to a lump sum specified in the same Regulations.

He reverted to section 174(1) and (2) of the Pensions Regulations which provided for pensions of non-nationals in the case of an occupational accident or disease, in which case they were entitled to a pension and other benefits related to occupational injuries. Workers' dependants also were entitled in the case of death as a result of an occupational accident or disease. In such a case, the condition of the ten-year period would not be applicable. He highlighted that the periods relating to pension entitlements or benefits were not determined haphazardly, but were decided on in accordance with technical studies. He pointed out that such texts were not in conflict with Convention No. 118. He recalled the last comment of the Committee of Experts on Regulation 161 of the Pension Regulations, which provided that pensions or other monetary benefits might be transferred to beneficiaries resident abroad subject, where appropriate, to any agreements to which the Libyan Arab Jamahiriya was a party, and in respect of the principle of reciprocity. He underlined that section 161 authorized the transfer of pensions of all types as well as monetary benefits to beneficiaries resident abroad, whilst taking into account the observance of conventions and international agreements to which the Libyan Arab Jamahiriya is a party. It also takes into account the principle of reciprocity contained in other international Conventions. This principle of reciprocity excludes by virtue of Article 10(1) of Convention No. 118 refugees and stateless persons. He indicated that this issue required a detailed examination of Convention No. 118 itself and of section 161 of the Pensions Regulations. The results of this study would be implemented as soon as they are issued.

He commented that the last paragraph of the comments of the Committee of Experts on Convention No. 118 and relating to the strict application of Article 5 was of paramount importance especially in the light of the mass expulsions which had taken place of foreign workers from the national territory. He stated that that paragraph did not fall within the competence of the Committee of Experts and that the Libyan Arab Jamahiriya had already replied to observations made in the past by the Experts on Convention No. 118. He considered it out of place because of its provocative style, which fell outside the scope of the issue under discussion, especially in the light of the fact that this issue was raised, and the discussion thereon was ended. He indicated in this regard that there was no reason for its inclusion in the report of the Committee of Experts.

He pointed out that the Libyan Arab Jamahiriya had previously requested ILO technical assistance, in light of the observation of the Committee of Experts, and which consisted of the dispatch of an expert of the multidisciplinary teams from the Standards Department to assist in the examination of the reports relating to the Conventions and the comments of the Committee of Experts, and the training of some of the national officials in the preparation of the reports. He underlined in that connection that the Libyan Arab Jamahiriya had not had any technical assistance programmes with the ILO for numerous years.

The Employer members stated that it was entirely clear why the Committee of Experts had asked the country to report to the Conference Committee, as this was an extreme case involving a refusal on the part of the Government to communicate over a period of ten years. The Government, in 2001, had sent the same information as it already had in 1995 and 1997, without any addition. The Libyan Arab Jamahiriya also appeared in paragraphs 89, 100, and 104 of the General Report. The Committee of Experts commented on several legal provisions resulting in unequal treatment of Libyan citizens and foreigners in contravention of the Convention, such as in the context of premature termination of work, the voluntary coverage in the social security scheme of foreigners in public employment, the requirement of ten years of contributions to receive an old-age pension and restrictions on transferring pensions or other monetary benefits abroad. The provisions establishing these inequalities were all very important, having in mind the great number of foreign nationals working in the country. The Employer members wondered why, if the national legislation was different as described by the Committee of Experts, the Government had never reported its views to the ILO. It was impossible to remain silent for such a long time and then to come forward suggesting that the Committee of Experts were unable to read the laws. The Government was strongly urged to submit a report to the Committee of Experts and to repeal all provisions which were contrary to the Convention.

The Worker members recalled that the Libyan Arab Jamahiriya, which had ratified the Convention 28 years ago, had been accused for many years of serious discrepancies between the Convention and national law. Although this case had been taken up in June 1999, the Committee of Experts noted the persistence of difference in treatment in matters of social security between Libyan nationals and foreign workers. A direct contacts mission in 1999 and further observations had had no effect. The national social security system continued to treat Libyan nationals and foreign workers differently. Social Security Act No. 13 of 1980 provided foreign workers with only a lump sum in case of premature termination of work, whereas nationals were guaranteed maintenance of their wages. The Government explained that the period during which contributions had been paid was considered to be a qualifying period only if there was a reciprocal social security agreement between the Libyan Arab Jamahiriya and the State of which the worker was a national. Otherwise the worker was only entitled to a lump sum due to the fact that his work permit was linked to his or her contract of employment, which the Worker members considered to constitute an indisputable element of discrimination. The Libyan social security system was also discriminatory as regards the affiliation of foreign workers to the social security system on a voluntary basis. The difference in treatment led to a series of injustices with respect to benefits. By means of various devices, the Government of the Libyan Arab Jamahiriya has been avoiding its obligation to extend old-age benefits to a large number of foreign workers. Furthermore, the Pensions Regulation of 1981, by providing for payment of benefits to beneficiaries residing abroad only if there was a reciprocal agreement between the Libyan Arab Jamahiriya and the beneficiary's country, established a discriminatory system which was totally contrary to the Convention. In light of the thousands of foreign workers who had been expelled from the country, the Worker members were convinced that Libyan legislation in matters of social security were deliberately designed to cheat foreign nationals of their rights guaranteed under Article 5 of Convention No. 118.

Therefore the Worker members requested that this legislation be immediately amended to bring it into compliance with the Convention, to ensure that the Libyan Arab Jamahiriya provided both its nationals and nationals of other member States, which had accepted the obligations arising from the Convention in the given sector concerned, as well as refugees and stateless persons, when residing abroad, the payment of invalidity benefits, old-age benefits, survivors' benefits as well as employment injury benefits.

The Government representative indicated that the comments he listened to were not related to the explanations given on the condition of the ten-year duration which was not applicable in the case of an occupational accident or disease. That was a condition in an employment contract like any other law, such as the Staff Regulations of the International Labour Office.

With regard to the status of refugees and stateless persons, he reiterated the Government's intention to examine the issue because of the difficulties of defining the term "stateless". He also rejected the allegation that there was any discrimination between nationals and non-nationals because many foreigners, such as Africans and Arabs, could enter the Libyan Arab Jamahiriya without a visa. He stated that his country was ready to welcome any expert from the ILO to visit the Libyan Arab Jamahiriya and to discuss the details of application of Convention No. 118.

The Employer members, supported by the Worker members, agreed with the conclusions of the Committee in this case and requested that they be placed in a special paragraph of its report.

The Committee took note of the statements made by the Government representative as well as the discussion that followed. The Committee regretted to note that despite the severe terms of its conclusions formulated on this case in 1992 and 1999, and the assurances offered by the Government on these occasions, the Government had still not given any indications that it had adopted any particular measures since 1992. It was the opinion of the Committee that the verbal explanations presented by the Government representative during the discussions did not reflect the Government's intention to modify the legislation in accordance with the requirements of the Convention. In these circumstances, it was important to recall that, although the Government's intention to maintain a fruitful dialogue with the supervisory bodies was imperative, it still had the obligation to comply with the obligations resulting from a ratified Convention. The Committee expressed the hope that, on the basis of the assurances offered by the Government representative, the Government would soon re-initiate a substantive dialogue. It urged the Government, once again, to adopt specific and concrete measures with a view to achieving full conformity of the legislation with the provisions of the Convention, ensuring as such full observance of the principles of equality of treatment in the area of social security. It also requested the Government to provide a detailed report to the Committee of Experts at its next session in November-December 2003. The Committee expressed the firm hope that the Government would accept the technical cooperation offered by the ILO in order to solve the problems. The conclusions will be included in a special paragraph of the General Report.

The Employer members, supported by the Worker members, agreed with the conclusions of the Committee in this case and requested that they be placed in a special paragraph of its report.

Individual Case (CAS) - Discussion: 1999, Publication: 87th ILC session (1999)

A Government representative of the Libyan Arab Jamahiriya, underlined that there was a linkage between the various observations concerning his country formulated by the Committee of Experts throughout its report but, as requested, he would address only those relating to Convention No. 118. Concerning these observations, the Government representative referred to a letter sent by the Director-General of the ILO which his Government did not receive until the beginning of June of this year. He declared that he would transmit the comments of the experts to the specialized agencies in his country in order to address the various issues concerning the Social Security Act No. 13 of 1980. He reaffirmed that his country was abiding by ILO principles and with international labour standards. He recalled the various obstacles his country had faced in reporting to the ILO in the light of the air blockade which his country had experienced. In conclusion, he reiterated his Government's intention to cooperate and trusted that the situation would improve in the near future.

The Employer members observed that this case was one of the rare cases where the Government representative had failed to provide any information on the subject under examination. They recalled that the Committee of Experts' report had already been published two months before and expressed surprise at the statement by the Government representative that the Government was not aware of the content of the comments by the Committee of Experts. In addition, the Government had had several days to prepare its statement since the adoption of the list of cases to be examined in the Committee. They also emphasized that this was not a new case as it had already been discussed at the Conference Committee in 1992 and that the Committee of Experts had made comments for several years with regard to the implementation by the Libyan Arab Jamahiriya of this Convention.

As regards pensions, non-Libyan residents received only a lump sum in the event of a premature termination of their work, whereas nationals were guaranteed the right to maintain their remuneration. There were also differences in treatment between nationals and non-nationals in law and in practice in other sectors of social security. They noted, for instance, that the subscription to the national social security scheme was compulsory for nationals, whereas it was voluntary for certain categories of foreign workers. This constituted a clear violation of the principle of equality of treatment in the Convention. Moreover, and without prejudice to special social security arrangements, non-nationals who had not completed ten years' contributions to the social security scheme were not, contrary to nationals, entitled either to an old-age pension or to a pension for total incapacity due to an injury of non-occupational origin. Another subject of discrimination was Regulation 161 of the Pension Regulations of 1981 which provided that pensions or other monetary benefits were only transferred to beneficiaries resident abroad in the event of a special agreement between the Libyan Arab Jamahiriya and the foreign country in question. The Employer members considered that this form of discrimination was particularly serious in view of the increasing number of migrant workers and the fact that a large number of foreign workers had been expelled from the country.

In conclusion, the fact that the Government representative had not provided any detailed information constituted a bad example of a lack of collaboration between the Government of the Libyan Arab Jamahiriya and the Conference Committee. The Government should, therefore, be urged to bring its national legislation and practice into conformity with the provisions of the Convention. Moreover, the clear discrepancies between national legislation and the provisions of the Convention noted by the Committee of Experts for several years should be reflected in a particularly strong manner in the conclusions.

The Worker members supported the observations of the Employer members, thus noting with regret that the Government representative had not touched on the case itself in his intervention. They recalled that the Committee had discussed this case in 1992; the Committee of Experts, moreover, had drafted observations in 1992, 1994, 1995, 1996 and 1998, not to speak of the direct requests addressed to the Government since 1978, that is three years after the ratification of the Convention by the Libyan Arab Jamahiriya.

The Worker members recalled that the Convention guaranteed equality of treatment of foreign workers with nationals in respect of social security, at least regarding the branches of social security recognized by the Convention. The Worker members noted that this country had accepted equality of treatment for all the branches of social security listed in Article 2, paragraph 1, of the Convention. However, they expressed great concern at the thousands of foreign workers, coming in particular from Arab and other countries, who had been expelled. They further stressed the fact that the legislation dealt differently with foreigners in cases of an early cessation of activity. While nationals had the right to maintenance of their wages, migrant workers only had the right to a lump sum. It was also the case that migrant workers who had not fulfilled a qualifying period of ten years of contributions to the social security scheme did not have the right to old-age pensions, to invalidity pensions where the accident was not occupational, to pensions and benefits owed to spouses or other dependants of the deceased. However, this condition did not apply to nationals. Finally, foreign workers had no guarantee that their pensions and other benefits would be paid abroad. The Worker members stressed that payment abroad was a right provided for under Article 5 of the Convention. Once again, the Worker members regretted, as had the Committee of Experts, that no new information had been provided. The Worker members urged that the Libyan Arab Jamahiriya should respect its obligations to foreign workers. They requested that the most precise and concrete conclusions as possible should be formulated and that finally, after so many years lacking in action, the Government should reconsider the situation and take the necessary measures. The Government should also avail itself of ILO technical assistance. It should pay the benefits and sums due to expelled workers according to the terms of the Convention. It should also calculate the amounts due in this connection since the expulsions, liberate budgetary funds or credits and pay these amounts, including to workers living abroad. Finally, the Government should supply detailed information within the time limits to the ILO.

The Government representative re-emphasized that the national procedures for modifying laws were time-consuming. He also wished to reaffirm that his Government was not trying to avoid responding to the comments made by the Committee of Experts but that it had been unable to do so because the comments had not been received in Arabic. With reference to some of the comments made, he declared that, to the extent that foreign workers had been expelled, this had been done for proper reasons. The blockade that the Libyan Arab Jamahiriya had been subjected to had affected migrants and nationals alike. To the extent that it was alleged that the Libyan Arab Jamahiriya owed any monies to individual workers, he requested a list substantiating these allegations which would permit his Government to examine the claims. He reasserted his Government's intention to submit the comments by the Committee of Experts regarding Convention No. 118 to the proper national and local authorities and that the National People's Committee, after holding the required consultations, would proceed to introduce the necessary modifications in its national legislation.

The Employer members pointed out that Libyan Arab Jamahiriya ratified the Convention in 1975. The Committee of Experts had made six comments since the beginning of the 1990s, regarding inequalities in the country's social security scheme. In fact, this issue had been raised by the Committee of Experts on 13 occasions since 1978. For over 20 years, the Committee of Experts had asked the Government to bring its legislation in line with the provisions of the Convention, but the Government had not indicated that it was taking any steps to address the issues raised in the Committee of Experts' report. In the circumstances of this case, the statement of the Government representative was inadequate.

The Worker members supported the previous observations formulated by the Employer members.

The Government representative indicated that his Government did not reject the principle of equality set forth in the Convention. He confirmed that his Government would re-examine the situation and report to the Committee of Experts. He expressed the hope that his Government's next report would satisfy the Committee's request and fulfil its obligations in respect of the Convention.

The Committee took note of the information provided orally by the Government representative and the discussion which followed. The Committee noted with serious concern that no new and substantial information had been provided by the Government since the case had been examined by the Committee in 1992. It recalled that at that time the Committee expressed the hope that the Government would be in a position to amend its legislation to bring it into full conformity with the Convention. The Committee, however, noted with serious concern that, despite the time which had elapsed, serious divergencies continue to exist between the Convention and the national legislation and practice. The Committee also noted with profound regret that, up to now, the Government had still not taken up the offer of technical assistance made by the Committee in 1992 and by the Committee of Experts on many occasions. In view of the technical nature and complexity of the subjects examined, the Committee reminded the Government that the ILO was available to provide the technical assistance in the field of social security necessary to facilitate the application of the Convention so as to be able to note concrete progress in one of its future meetings. It also strongly urged the Government to provide the Committee of Experts with a detailed report on specific and concrete measures taken to bring the legislation into full conformity with the Convention and ensure its effective implementation.

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative stated that the issues related to application of the Convention were still being submitted to the competent national authorities in view of the drafting of the necessary provisions and that he had asked these authorities to take into consideration the observations made by the Experts. He was of the opinion that his country needed technical assistance from the ILO to overcome the obstacles which made it difficult to send reports and to bring national legislation into conformity with the Convention. He hoped that the National Commission set up to examine international labour Conventions and Recommendations would be received at the ILO headquarters in Geneva.

The Workers' members stated that the Committee of Experts had been asking for many years for the modifications of national legislation to satisfy the requirements of the Convention. This year the Committee of Experts again took up the different points which required action. Already in 1988, the report of the Committee of Experts mentioned that the Government had recommended to the National Commission set up to examine international labour Conventions and Recommendations to take into account the observations of the Experts, and this year the report provided exactly the same information. Nothing had changed. The Workers' members had consequently insisted that the Government take the necessary measures shortly to bring national legislation into full conformity with the Convention and emphasised that the latter was particularly important in the Libyan Arab Jamahirya given that the country had a large number of migrant workers who contributed to the national economy.

The Employers' members pointed out that although this Committee did not discuss frequently this Convention, it had been ratified by 37 countries. The Convention provided that any member State had to grant the same equality of treatment to the nationals of any other member State which had ratified the Convention that it granted to its own nationals in any branch of social security for which it had accepted the obligations of the Convention; it was thus important to note that the nationals of 36 countries had the right to equal treatment under Libyan legislation. The Employers' members had taken note of the request for technical assistance made by the Government representative. Given that the Government had difficulties in solving its legislative problems so that the requirements of the Convention could be met, they insisted that this Committee take note of this request in its conclusions and encourage the Government to take the necessary measures, with the assistance of the ILO, to bring its legislation into full conformity with the Convention.

The Government representative expressed the hope that his Government would benefit from adequate assistance to ensure that there had been follow-up to the observations made by the Committee of Experts.

The Committee noted the information provided by the Government. It felt bound to conclude that national legislation was still not in conformity with the Convention. In view of the difficulties to bring national legislation into conformity with the Convention, it reminded the Government of the possibility of ILO technical assistance. It hoped that with this assistance the Government would be in a position to amend the legislation in the near future and to provide a full report to the ILO.

The Government representative expressed the hope that his Government would benefit from adequate assistance to ensure that there had been follow-up to the observations made by the Committee of Experts.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos. 102 (Social Security (Minimum Standards)), 121 (Employment Injury Benefits), and 128 (Invalidity, Old-Age and Survivors’ Benefits) together.

Article 65, 66 or 67, of Convention No. 102, Article 19 or 20 of Convention No. 121, Article 26, 27 or 28 of Convention No. 128. Review of the level of social security benefits. Since 2004, the Committee has been requesting the Government to take measures to give full effect to the provisions of the above-mentioned Conventions, in law and in practice. In this regard, the Committee takes note of the indication by the Government in its report that the level of social security benefits provided in Libya in accordance with Law No. 16 of 1985 must not be less than the minimum wage, currently set in 450 dinars per month, and that pursuant to a Council of Ministers Decision No. 1 of 2021, a study is being conducted to evaluate the possibility of increasing the level of social security benefits up to a maximum of 800 dinars per month for low-income families. The Government also indicate its intent to request ILO’s technical assistance in this regard. The Committee requests the Government to: (i) indicate which are the benefits concerned by this evaluation; (ii) provide information on the findings and recommendations of the study; and (iii) supply information on any measure taken or envisaged to increase the level of benefits provided in application of Conventions Nos 102, 121 or 128, as the case may be, together with the statistical information necessary for the Committee to assess the conformity of the benefit levels with the requirements of the Conventions concerned. The Committee strongly encourages the Government to avail itself of ILO technical assistance.

Application of Conventions Nos 102, 121, 128 and 130 in law and in practice. Since 2004, the Committee has been requesting the Government to provide information on developments in respect of measures taken to give full effect to the provisions of the above-mentioned Conventions, including statistical data as to the coverage and adequacy of benefits provided by the Social Security Fund. In order to be able to resumethe examination of the pending technical issues under the abovementioned Conventions, the Committee requests the Government to supply, without further delay, detailed statistical data and information in the manner provided by the report forms, particularly concerning information in conformity with Title I of Article 76 of the report form for Convention No. 102, Title V of Article 12 of the report form of Convention No. 118, Titles I to V of the Articles 13, 14, and 18, and Article 21 of the report form of Convention No. 121, and Titles under Parts V and VII of the report form of Convention No. 128.

Article 3(1) of Convention No. 118. Equality of treatment. For over 20 years, the Committee has found that several provisions of the national legislation are not in conformity with Article 3(1) of the Convention, since they establish different conditions and requirements for the entitlement of non-Libyan workers to social security benefits. The Committee recalls that this concerns, in particular:

• (i)Section 38 of Social Security Act No. 13 of 1980 and Regulations 28–33 of the Social Pensions Regulations of 1981, which provide that non-Libyan workers receive a lump sum for premature termination of work, while nationals are guaranteed the maintenance of their wages or remuneration;
• (ii)Sections 5(c) and 8(b) of the Social Security Act that, which do not provide for the compulsory affiliation of self-employed non-Libyan workers or those working in the public administration to the social security scheme;
• (iii)Regulation 16(2) and (3) and Regulation 95(3) of the Social Pensions Regulations, under which non-Libyan nationals who have not completed the minimum period of ten years of contributions to the social security scheme are not entitled to an old-age pension or to a pension for total incapacity due to a non-occupational injury, while Libyan workers are;
• (iv)Regulation 174(2) of the Social Pensions Regulations, under which the minimum qualifying period of ten years of contributions is also required for benefits due to survivors of a non-Libyan national, as opposed to Libyan nationals.

The Committee recalls that Article 3(1) of the Convention requires Member States for whom the Convention is in force to grant within their territory to the nationals of any other Member for which the Convention is in force equality of treatment under its legislation with its own nationals, both as regards coverage and as regards the right to benefits, in respect of every branch of social security for which it has accepted the obligations of the Convention. Consequently, it urges the Government to make the necessary amendments to its national legislation, and in particular to the provisions mentioned above to ensure the full application, in law and in practice, of this Article.

Articles 5 and 10 of Convention No. 118. Payment of benefits abroad. The Committee notes that section 161 of the Social Pensions Regulations of 1981 expressly provides that pensions or other cash benefits may be transferred to beneficiaries resident abroad only where that is envisaged by agreements to which Libya is a party. The Committee recalls once more that, in accordance with Article 5 of the Convention (read in conjunction with Article 10), each Member which has ratified the Convention must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors’ benefits, death grants and employment injury pensions. The Committee requests the Government to take the necessary measures to give effect to Articles 5 and 10 of the Convention by ensuring that pensions and cash benefits can be paid to workers and their survivors, including refugees and stateless persons, residing abroad regardless of the existence of bilateral agreements between Libya and the other Member State in which they reside.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Following the political changes which have occurred in the country, the Committee considers it useful to recall the main points on which the national legislation does not give effect to the Convention, and the Committee requests that the Government indicate in its next report the measures that it envisages taking in this respect.

Article 3(1) of the Convention . (a) Amending section 38(b) of Social Security Act No. 13 of 1980 and Regulations 28–33 of the Pensions Regulations of 1981, which provide that non-Libyan residents receive only a lump sum in the event of premature termination of work, while nationals are guaranteed, under section 38(a) of Act No. 13, the maintenance of their wages or remuneration.

(b) Amending sections 5(c) and 8(b) of the Social Security Act to ensure that foreign workers engaged in public administration and non-Libyan self-employed workers may be affiliated on a compulsory basis to the social security scheme, even in the absence of an agreement with their country of origin, in accordance with the principle of equality of treatment set out in the Convention.

(c) Amending Regulation 16(2) and (3) and Regulation 95(3) of the Pensions Regulations of 1981, under which (without prejudice to special social security agreements), non-nationals who have not completed the minimum period of ten years of contributions to the social security scheme (years which may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are not entitled, unlike Libyan nationals, to an old-age pension or to a pension for total incapacity due to a non-occupational injury.

(d) Amending Regulation 174(2) of the 1981 Pensions Regulations, under which the minimum qualifying period of ten years of contributions is also required for pensions and allowances due to survivors of a deceased non-Libyan national under Title IV of the Regulations, where death is due to a non-occupational disease or accident, while this requirement does not apply to Libyan nationals.

Article 5. Payment of benefits abroad . (e) Amending Regulation 161 of the 1981 Pensions Regulations, under the terms of which pensions or other cash benefits may be transferred to beneficiaries resident abroad where that is envisaged by agreements to which Libya is a party, whereas Article 5 of the Convention (read in conjunction with Article 10) requires the provision of invalidity, old-age and survivors’ benefits and death grants, and employment injury pensions, even in the absence of bilateral agreements.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. Conscious of the difficult situation which prevails currently in Libya, the Committee notes 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 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 Convention with the regular reporting cycle, in 2016.

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

Following the political changes which have occurred in the country, the Committee considers it useful to recall the main points on which the national legislation does not give effect to the Convention, and the Committee requests that the Government indicate in its next report the measures that it envisages taking in this respect.

Article 3(1) of the Convention. (a) Amending section 38(b) of Social Security Act No. 13 of 1980 and Regulations 28–33 of the Pensions Regulations of 1981, which provide that non-Libyan residents receive only a lump sum in the event of premature termination of work, while nationals are guaranteed, under section 38(a) of Act No. 13, the maintenance of their wages or remuneration.

(b) Amending sections 5(c) and 8(b) of the Social Security Act to ensure that foreign workers engaged in public administration and non-Libyan self-employed workers may be affiliated on a compulsory basis to the social security scheme, even in the absence of an agreement with their country of origin, in accordance with the principle of equality of treatment set out in the Convention.

(c) Amending Regulation 16(2) and (3) and Regulation 95(3) of the Pensions Regulations of 1981, under which (without prejudice to special social security agreements), non-nationals who have not completed the minimum period of ten years of contributions to the social security scheme (years which may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are not entitled, unlike Libyan nationals, to an old-age pension or to a pension for total incapacity due to a non-occupational injury.

(d) Amending Regulation 174(2) of the 1981 Pensions Regulations, under which the minimum qualifying period of ten years of contributions is also required for pensions and allowances due to survivors of a deceased non-Libyan national under Title IV of the Regulations, where death is due to a non-occupational disease or accident, while this requirement does not apply to Libyan nationals.

Article 5. Payment of benefits abroad. (e) Amending Regulation 161 of the 1981 Pensions Regulations, under the terms of which pensions or other cash benefits may be transferred to beneficiaries resident abroad where that is envisaged by agreements to which Libya is a party, whereas Article 5 of the Convention (read in conjunction with Article 10) requires the provision of invalidity, old-age and survivors’ benefits and death grants, and employment injury pensions, even in the absence of bilateral agreements.

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

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.

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

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.

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

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.

Direct Request (CEACR) - adopted 2010, published th ILC session ()

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part II (Medical care), Article 9 of the Convention, and Part VIII (Maternity benefit), Article 48. With reference to its previous comments, the Committee notes the statistical information provided on the number of workplaces (195,942) and the total number of insured persons (15,125,562) registered in 2006, distributed per category. The Committee hopes that the Government will be able, with the help of the ILO, to provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

Part XIII (Common provisions), Article 71(3) and Article 72(2). The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that the actuarial study is still being carried out. The study is intended to allow the Social Security Fund to appraise the number of participants as well as the monetary and in-kind benefits which will be provided, as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

Observation (CEACR) - adopted 2010, published th ILC session ()

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Part IV of the Convention. Unemployment benefit. With reference to its previous comments, the Committee notes the adoption of Decision No. 109 of 2006 (1374 H) on the establishment of an employment fund aimed at contributing to economic and social development through the provision of decent and productive job opportunities to specific categories of jobseekers. It also notes that section 15 of the Decision lays down the granting of a monetary benefit worth 60 dinars a month for jobseekers of specific categories. The Committee would like the Government to indicate whether these categories cover all persons protected, both from private and public sectors, who have lost employment involuntarily and who are unable to obtain suitable employment and are capable of, and available for, work. It would also like the Government to indicate the net and gross wage of the ordinary adult male labourer determined in accordance with Article 66 of the Convention, and to indicate whether the 60 dinars are net or gross benefit, its duration, the qualifying conditions (length of employment, etc.), if any. It would also like the Government to communicate the text of Decision No. 109.

The Committee wishes again to draw the Government’s attention to the fact that the Convention is intended to afford effective protection against unemployment by means of a system of social security which makes it possible to finance unemployment benefit through collective contributions from all those concerned, thereby avoiding the situation in which they are payable directly by employers, which may become too burdensome if the level of unemployment in the country rises. The Committee therefore hopes that the Government would endeavour, with the help of the ILO, to adopt the necessary rules to permit the Social Security Fund to receive contributions and to pay unemployment benefit, thereby giving effect to Part IV of the Convention through a system of social security and taking into account more fully the principles of organization and financing set out in Articles 71 and 72.

Part VII. Family benefit. In its previous comments, the Committee noted that section 24 of Act No. 13 of 1980 only provided for the granting of family allowances to pensioners under the social security system, whereas Article 41 of the Convention covers other categories of employees or residents. In its report, the Government indicates that section 18 of the Order taken by the Council of Ministers, which relates to the regulations of employees with contracts, promulgated on 14 December 1971 specifies that the provisions of the Civil Service Act No. 55 of 1976 and the regulations issued thereof, shall apply to employees hired with contracts. The provisions of other laws and regulations also apply to them, in accordance with section 18 of the regulations on employees who have contracts as non-nationals, who become entitled to family benefits such as their national counterparts. The Committee notes this information. It would like the Government to communicate in its next report information on the application in practice of the above legislation, providing detailed statistics on the different categories of workers protected and the benefits provided, covering both the public and the private sectors, in accordance with Article 44 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. Family allowances. In its previous comments, the Committee requested the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, in accordance with which the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)) in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Philippines, Tunisia and Uruguay.) In its report, the Government indicates that the Government noted the names of countries which have accepted branch (i) of the Convention. It also points out that social security is a right guaranteed by Act No. 13 of 1980 to all citizens in the country. It protects producers who are non-Libyans on an equal footing. Consequently, the benefits, which include entitled pensions and entitlement to family allowances, specified for the insured person of Libyan citizenship, also apply to foreign residents as long as the conditions for the pension entitlement are met, in accordance with Act No. 13 of 1980. The Committee notes this information. It would like the Government to provide statistical information on family allowances granted both to nationals and to non-nationals and to indicate any conditions and limits imposed in respect of children who reside either on the territory of the country or on the territory of any other Member concerned, by agreement between the Members concerned and to attach copies of any such agreements.

Article 7. Maintenance of rights. With reference to its previous comments, the Committee notes the information according to which there are 268 official Syrian workers who have labour contracts and residence permits in the Libyan Arab Jamahiriya. In its previous comments, the Committee noted the information provided by the Government that a recommendation had been made to the competent authorities to take into consideration the Committee’s observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and Tunisia. It therefore expressed the hope that the Government would be able to indicate the efforts that have been made to improve the application of Article 7 of the Convention with regard to the following points:

(a)    Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expressed the hope that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition, in accordance with Article 7 of the Convention.

(b)    The Committee recalls that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members who have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in course of acquisition for all the branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee again requests the Government to keep it informed on the progress made in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 8 of the Convention. Occupational diseases. In its previous comments, the Committee noted that the list of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the National Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers the above disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the National Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the National Schedule regarding anthrax infection does not refer, among the activities involving exposure to the risks in question, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. The Committee notes that the Schedule of Occupational Diseases annexed to the Regulations on Insurance Benefits No. 669 of 1981 are currently being amended. The Committee requests the Government to keep it informed of any progress made in this regard.

Article 10. Sharing of insured persons in the cost of medical care. The Committee recalled in its previous comments the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the sharing of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point. The Committee notes the information provided by the Government, according to which the indicated percentage relates to the rate paid by insured persons for medical care provided by hospitals and health centres, which is comprehensive care that includes accommodation and surgery. With regard to prosthetic appliances, the share of insured persons is 1 per cent of their cost. In view of the fact that this provision of the Convention does not provide for the sharing of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in conjunction with Articles 19 or 20). Calculation of benefits. The Committee notes that the Government’s report contains no reply to its previous comments. The Committee therefore hopes that the Government will provide the information requested under the report form on the calculation of an employment injury pension for a standard beneficiary who worked in salaried employment when the contingency occurred. The Committee would also like the Government to provide up to date information on the wage of a skilled manual male employee determined in accordance with Article 19(6) of the Convention, under Titles I–V, and on the wage of an ordinary adult male labourer determined in accordance with Article 20(4), under Titles I–V. It would also like the Government to communicate information on the average wage of all protected persons.

Article 21. Review of periodical payments. With reference to its previous comments, the Committee reiterates that the actuarial studies have not been finalized yet. In light of these studies, it will be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention, which establishes that the rates of employment injury benefit must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefit and that its next report will contain information in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part IV (Survivors’ benefit), Article 23 (in relation to Articles 26 or 27) of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government with respect to Part IV (Survivors’ benefit) of the Convention. According to this information, there are two methods of calculation of the pension to which a widow shall be entitled. In this regard, the Committee understands that the second method of calculation constitutes the minimum pension to which the widow is entitled. According to this calculation, the minimum pension is based on half of the amount of the last income, salary or wage of the insured person in addition to the basic pension and family allowances which, however, may not exceed 80 per cent of the last income, salary or wage. The Committee would like the Government to confirm this method of calculation for the minimum pension. It would further like the Government to indicate in its next report to which portion (percentage) of this minimum pension a standard beneficiary (a widow with two children) would be entitled.

Part V (Standards to be complied with by periodical payments),
Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) For the purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is asked to provide the up to date statistical information required by the report form under Titles I–IV of Article 26 or Article 27 of the Convention, whichever is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26(6)) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27(4)).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee notes the Government’s indication that in the framework of cooperation with the ILO, the Government will undertake a study to indicate the financial status for the evaluation of benefits in accordance with section 28 of the Social Security Act (No. 13 of 1980). In light of the study, it should be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention, which establishes that the rates of cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefits. It hopes that its next report will contain information in this regard.

Part VI (Common provisions), Article 35. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund have to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that discussions with the ILO have been held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants, the monetary and in-kind benefits which will be provided, as well as the value of contributions in relation to insured persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. With reference to its previous comments, the Committee notes the statistical information provided on the number of workplaces (195,942) and the total number of insured persons (15,125,562) registered in 2006, distributed per category. The Committee hopes that the Government will be able, with the help of the ILO, to provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that the actuarial study is still being carried out. The study is intended to allow the Social Security Fund to appraise the number of participants as well as the monetary and in-kind benefits which will be provided, as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3, paragraph 1, of the Convention (in conjunction with Article 19). Equality of treatment. (a) The Committee noted in its previous observations that section 38(b) of Social Security Act, No. 13 of 1980, and Regulations 28-33 of the Pension Regulations of 1981 provide that non-Libyan residents receive only a lump sum in the event of premature termination of work, whereas nationals are guaranteed, under section 38(a) of the Act, the maintenance of their wages or remuneration. The Committee points out again the importance of abolishing the difference between Libyan workers and foreign workers in the event of premature termination of employment. It hopes that the Government will take all necessary steps to this end in the near future.

(b) In its previous comments, the Committee pointed out that, according to the information sent by the Government and pursuant to the national legislation (sections 5(c) and 8(b) of the Social Security Act), foreign workers engaged in the public administration and non-Libyan self-employed workers may be affiliated only on a voluntary basis to the social security scheme unless, in the case of the latter, an agreement exists with their country of origin. The Committee reiterated its view that, where affiliation of nationals to the social security scheme is compulsory, as it is in the Libyan Arab Jamahiriya, to make affiliation voluntary for some categories of foreign workers is contrary to the principle of equal treatment laid down in the Convention (except where arrangements exist between the members concerned under Article 9). Foreigners are often unaware of their own rights and of the administrative steps that they need to take to be protected and therefore cannot benefit from the advantages mentioned by the Government. The Committee takes note of the draft regulation communicated during the mission carried out by the Office in July 2007. The draft regulation provides for compulsory affiliation of foreign self-employed workers, thus guaranteeing equal treatment with regard to nationals. It hopes that the draft will soon be adopted and requests the Government to keep the Committee informed on the progress made in this regard. The Committee also requests the Government to indicate the number of foreign workers employed in the public sector.

(c) In its previous comments, the Committee pointed out that, under the terms of Regulation 16, paragraphs 2 and 3, and Regulation 95, paragraph 3, of the Pensions Regulations of 1981, and without prejudice to special social security agreements, non-nationals who have not completed a period of ten years’ contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, Regulation 174, paragraph 2, of the above Regulations seems to imply a contrario that this qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee pointed out that the above provisions of the Pension Regulations of 1981 are incompatible with Article 3(1) of the Convention. The Committee noted the indication by the Government, according to which there is an amendment to the regulations by virtue of Decision No. 328 of 1986 that specifies the entitlement of non-nationals to old-age benefits, who spent 20 years in service for which they pay contributions. Section 29 of the Order sets down the condition of five years of minimum service and contributions of insured persons who are non‑nationals for the payment of the overall allowance for them. It also notes that, according to the Government, Libyan citizens do not enjoy this advantage. The Committee takes note of the text of the above Order. It would like the Government to provide information on the measures taken to give full effect to this provision of the Convention as regards the other points mentioned above.

Article 5. Payment of benefits abroad. In its previous comments, the Committee pointed out that Regulation 161 of the Pension Regulations of 1981 provides that pensions or other cash benefits may be transferred to beneficiaries resident abroad subject, where appropriate, to the agreements to which the Libyan Arab Jamahiriya is a party. The Committee recalled that, in accordance with Article 5 of the Convention (read in conjunction with Article 10), each Member which has ratified the Convention must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors’ benefits, death grants and employment injury pensions. The Committee notes that, according to the Government, this matter will be examined when amending the Regulations, so as to bring them into conformity with the Convention. It hopes that the Government will adopt the necessary measures in the near future so as to give effect to this provision of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Part IV of the Convention. Unemployment benefit. With reference to its previous comments, the Committee notes the adoption of Decision No. 109 of 2006 (1374 H) on the establishment of an employment fund aimed at contributing to economic and social development through the provision of decent and productive job opportunities to specific categories of jobseekers. It also notes that section 15 of the Decision lays down the granting of a monetary benefit worth 60 dinars a month for jobseekers of specific categories. The Committee would like the Government to indicate whether these categories cover all persons protected, both from private and public sectors, who have lost employment involuntarily and who are unable to obtain suitable employment and are capable of, and available for, work. It would also like the Government to indicate the net and gross wage of the ordinary adult male labourer determined in accordance with Article 66 of the Convention, and to indicate whether the 60 dinars are net or gross benefit, its duration, the qualifying conditions (length of employment, etc.), if any. It would also like the Government to communicate the text of Decision No. 109.

The Committee wishes again to draw the Government’s attention to the fact that the Convention is intended to afford effective protection against unemployment by means of a system of social security which makes it possible to finance unemployment benefit through collective contributions from all those concerned, thereby avoiding the situation in which they are payable directly by employers, which may become too burdensome if the level of unemployment in the country rises. The Committee therefore hopes that the Government would endeavour, with the help of the ILO, to adopt the necessary rules to permit the Social Security Fund to receive contributions and to pay unemployment benefit, thereby giving effect to Part IV of the Convention through a system of social security and taking into account more fully the principles of organization and financing set out in Articles 71 and 72.

Part VII. Family benefit. In its previous comments, the Committee noted that section 24 of Act No. 13 of 1980 only provided for the granting of family allowances to pensioners under the social security system, whereas Article 41 of the Convention covers other categories of employees or residents. In its report, the Government indicates that section 18 of the Order taken by the Council of Ministers, which relates to the regulations of employees with contracts, promulgated on 14 December 1971 specifies that the provisions of the Civil Service Act No. 55 of 1976 and the regulations issued thereof, shall apply to employees hired with contracts. The provisions of other laws and regulations also apply to them, in accordance with section 18 of the regulations on employees who have contracts as non-nationals, who become entitled to family benefits such as their national counterparts. The Committee notes this information. It would like the Government to communicate in its next report information on the application in practice of the above legislation, providing detailed statistics on the different categories of workers protected and the benefits provided, covering both the public and the private sectors, in accordance with Article 44 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information communicated by the Government in its report. It hopes that, with the technical assistance of the ILO, the Government will take the necessary measures to give full effect in law and practice to other provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

Part II (Medical care), Article 9, and Part VIII (Maternity benefit),
Article 48 of the Convention. With reference to its previous comments, the Committee notes the statistical information provided on the number of workplaces (195,942) and the total number of insured persons (15,125,562) registered in 2006, distributed per category. The Committee hopes that the Government will be able, with the help of the ILO, to provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that the actuarial study is still being carried out. The study is intended to allow the Social Security Fund to appraise the number of participants as well as the monetary and in-kind benefits which will be provided, as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee refers the Government to its observation and notes the information provided in its report. It notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation, as well as the decisions taken by the Government, into conformity with ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

Article 6 of the Convention. In its previous comments, the Committee requested the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, in accordance with which the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)) in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Philippines, Tunisia and Uruguay.) In its report, the Government indicates that the Government noted the names of countries which have accepted branch (i) of the Convention. It also points out that social security is a right guaranteed by Act No. 13 of 1980 to all citizens in the country. It protects producers who are non-Libyans on an equal footing. Consequently, the benefits, which include entitled pensions and entitlement to family allowances, specified for the insured person of Libyan citizenship, also apply to foreign residents as long as the conditions for the pension entitlement are met, in accordance with Act No. 13 of 1980. The Committee notes this information. It would like the Government to provide statistical information on family allowances granted both to nationals and to non-nationals and to indicate any conditions and limits imposed in respect of children who reside either on the territory of the country or on the territory of any other Member concerned, by agreement between the Members concerned and to attach copies of any such agreements.

Article 7. With reference to its previous comments, the Committee notes the information according to which there are 268 official Syrian workers who have labour contracts and residence permits in the Libyan Arab Jamahiriya. In its previous comments, the Committee noted the information provided by the Government that a recommendation had been made to the competent authorities to take into consideration the Committee’s observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and Tunisia. It therefore expressed the hope that the Government would be able to indicate the efforts that have been made to improve the application of Article 7 of the Convention with regard to the following points:

(a)   Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expressed the hope that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition, in accordance with Article 7 of the Convention.

(b)   The Committee recalls that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members who have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in course of acquisition for all the branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee again requests the Government to keep it informed on the progress made in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee refers the Government to its observation and notes the information provided in its report. It notes with interest the information on the application of Article 22(e) of the Convention. It also notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation, as well as the decisions taken by the Government, into conformity with ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the National Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers the above disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the National Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the National Schedule regarding anthrax infection does not refer, among the activities involving exposure to the risks in question, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of
item 15 of the Schedule to the Convention. The Committee notes that the Schedule of Occupational Diseases annexed to the Regulations on Insurance Benefits No. 669 of 1981 are currently being amended. The Committee requests the Government to keep it informed of any progress made in this regard.

Article 10. The Committee recalled in its previous comments the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the sharing of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point. The Committee notes the information provided by the Government, according to which the indicated percentage relates to the rate paid by insured persons for medical care provided by hospitals and health centres, which is comprehensive care that includes accommodation and surgery. With regard to prosthetic appliances, the share of insured persons is 1 per cent of their cost. In view of the fact that this provision of the Convention does not provide for the sharing of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in conjunction with Articles 19 or 20). The Committee notes that the Government’s report contains no reply to its previous comments. The Committee therefore hopes that the Government will provide the information requested under the report form on the calculation of an employment injury pension for a standard beneficiary who worked in salaried employment when the contingency occurred. The Committee would also like the Government to provide up to date information on the wage of a skilled manual male employee determined in accordance with paragraph 6 of Article 19 of the Convention, under Titles I–V, and on the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of Article 20, under Titles I–V. It would also like the Government to communicate information on the average wage of all protected persons.

Article 21. With reference to its previous comments, the Committee reiterates that the actuarial studies have not been finalized yet. In light of these studies, it will be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention, which establishes that the rates of employment injury benefit must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefit and that its next report will contain information in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information communicated by the Government in its report. It notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation, as well as the decisions taken by the Government, into conformity with ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the other provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

1. Part IV (Survivors’ benefit), Article 23 (in relation to Articles 26 or 27) of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government with respect to Part IV (Survivors’ benefit) of the Convention. According to this information, there are two methods of calculation of the pension to which a widow shall be entitled. In this regard, the Committee understands that the second method of calculation constitutes the minimum pension to which the widow is entitled. According to this calculation, the minimum pension is based on half of the amount of the last income, salary or wage of the insured person in addition to the basic pension and family allowances which, however, may not exceed 80 per cent of the last income, salary or wage. The Committee would like the Government to confirm this method of calculation for the minimum pension. It would further like the Government to indicate in its next report to which portion (percentage) of this minimum pension a standard beneficiary (a widow with two children) would be entitled.

2. Part V (Standards to be complied with by periodical payments),
Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) For the purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is asked to provide the up to date statistical information required by the report form under Titles I–IV of Article 26 or Article 27 of the Convention, whichever is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee notes the Government’s indication that in the framework of cooperation with the ILO, the Government will undertake a study to indicate the financial status for the evaluation of benefits in accordance with section 28 of the Social Security Act (No. 13 of 1980). In light of the study, it should be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention, which establishes that the rates of cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefits. It hopes that its next report will contain information in this regard.

3. Part VI (Common provisions), Article 35. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund have to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that discussions with the ILO have been held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants, the monetary and in-kind benefits which will be provided, as well as the value of contributions in relation to insured persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information communicated by the Government in its report. It notes with interest the information provided on the application of Part II (Medical care), Article 10, paragraph 1, and of Part VIII (Maternity benefit), Article 50 of the Convention. It further notes the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation as well as the decisions taken by the Government in conformity with ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

Part IV of the Convention. Unemployment benefit. With reference to its previous comments, the Committee notes the adoption of Decision No. 109 of 2006 (1374 H) on the establishment of an employment fund aimed at contributing to economic and social development through the provision of decent and productive job opportunities to specific categories of jobseekers. It also notes that section 15 of the Decision lays down the granting of a monetary benefit worth 60 dinars a month for jobseekers of specific categories. The Committee would like the Government to indicate whether these categories cover all persons protected, both from private and public sectors, who have lost employment involuntarily and who are unable to obtain suitable employment and are capable of, and available for, work. It would also like the Government to indicate the net and gross wage of the ordinary adult male labourer determined in accordance with Article 66 of the Convention, and to indicate whether the 60 dinars are net or gross benefit, its duration, the qualifying conditions (length of employment, etc.), if any. It would also like the Government to communicate the text of Decision No. 109.

The Committee wishes again to draw the Government’s attention to the fact that the Convention is intended to afford effective protection against unemployment by means of a system of social security which makes it possible to finance unemployment benefit through collective contributions from all those concerned, thereby avoiding the situation in which they are payable directly by employers, which may become too burdensome if the level of unemployment in the country rises. The Committee therefore hopes that the Government would endeavour, with the help of the ILO, to adopt the necessary rules to permit the Social Security Fund to receive contributions and to pay unemployment benefit, thereby giving effect to Part IV of the Convention through a system of social security and taking into account more fully the principles of organization and financing set out in Articles 71 and 72.

Part VII. Family benefit. In its previous comments, the Committee noted that section 24 of Act No. 13 of 1980 only provided for the granting of family allowances to pensioners under the social security system, whereas Article 41 of the Convention covers other categories of employees or residents. In its report, the Government indicates that section 18 of the Order taken by the Council of Ministers, which relates to the regulations of employees with contracts, promulgated on 14 December 1971 specifies that the provisions of the Civil Service Act No. 55 of 1976 and the regulations issued thereof, shall apply to employees hired with contracts. The provisions of other laws and regulations also apply to them, in accordance with section 18 of the regulations on employees who have contracts as non-nationals, who become entitled to family benefits such as their national counterparts. The Committee notes this information. It would like the Government to communicate in its next report information on the application in practice of the above legislation, providing detailed statistics on the different categories of workers protected and the benefits provided, covering both the public and the private sectors, in accordance with Article 44 of the Convention.

The Committee is addressing a request directly to the Government on other points.

[The Government is asked to report in detail in 2009.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation and the Government’s decisions in conformity with ILO social security Conventions. It notes, however, that the Government’s report contains no reply to most of the points raised by the Committee in its previous observation. The Committee hopes that, as a result of the assistance of the ILO, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

Article 3, paragraph 1, of the Convention (in conjunction with Article 19). (a) The Committee noted in its previous observations that section 38(b) of Social Security Act, No. 13 of 1980, and Regulations 28-33 of the Pension Regulations of 1981 provide that non-Libyan residents receive only a lump sum in the event of premature termination of work, whereas nationals are guaranteed, under section 38(a) of the Act, the maintenance of their wages or remuneration. The Committee points out again the importance of abolishing the difference between Libyan workers and foreign workers in the event of premature termination of employment. It hopes that the Government will take all necessary steps to this end in the near future.

(b) In its previous comments, the Committee pointed out that, according to the information sent by the Government and pursuant to the national legislation (sections 5(c) and 8(b) of the Social Security Act), foreign workers engaged in the public administration and non-Libyan self-employed workers may be affiliated only on a voluntary basis to the social security scheme unless, in the case of the latter, an agreement exists with their country of origin. The Committee reiterated its view that, where affiliation of nationals to the social security scheme is compulsory, as it is in the Libyan Arab Jamahiriya, to make affiliation voluntary for some categories of foreign workers is contrary to the principle of equal treatment laid down in the Convention (except where arrangements exist between the members concerned under Article 9). Foreigners are often unaware of their own rights and of the administrative steps that they need to take to be protected and therefore cannot benefit from the advantages mentioned by the Government. The Committee takes note of the draft regulation communicated during the mission carried out by the Office in July 2007. The draft regulation provides for compulsory affiliation of foreign self-employed workers, thus guaranteeing equal treatment with regard to nationals. It hopes that the draft will soon be adopted and requests the Government to keep the Committee informed on the progress made in this regard. The Committee also requests the Government to indicate the number of foreign workers employed in the public sector.

(c) In its previous comments, the Committee pointed out that, under the terms of Regulation 16, paragraphs 2 and 3, and Regulation 95, paragraph 3, of the Pensions Regulations of 1981, and without prejudice to special social security agreements, non-nationals who have not completed a period of ten years’ contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, Regulation 174, paragraph 2, of the above Regulations seems to imply a contrario that this qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee pointed out that the above provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. The Committee noted the indication by the Government, according to which there is an amendment to the regulations by virtue of Decision No. 328 of 1986 that specifies the entitlement of non-nationals to old-age benefits, who spent 20 years in service for which they pay contributions. Section 29 of the Order sets down the condition of five years of minimum service and contributions of insured persons who are non-nationals for the payment of the overall allowance for them. It also notes that, according to the Government, Libyan citizens do not enjoy this advantage. The Committee takes note of the text of the above Order. It would like the Government to provide information on the measures taken to give full effect to this provision of the Convention as regards the other points mentioned above.

Article 5. In its previous comments, the Committee pointed out that Regulation 161 of the Pension Regulations of 1981 provides that pensions or other cash benefits may be transferred to beneficiaries resident abroad subject, where appropriate, to the agreements to which the Libyan Arab Jamahiriya is a party. The Committee recalled that, in accordance with Article 5 of the Convention (read in conjunction with Article 10), each Member which has ratified the Convention must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors’ benefits, death grants and employment injury pensions. The Committee notes that, according to the Government, this matter will be examined when amending the Regulations, so as to bring them into conformity with the Convention. It hopes that the Government will adopt the necessary measures in the near future so as to give effect to this provision of the Convention.

The Committee is addressing a request directly to the Government on other points.

[The Government is asked to report in detail in 2009.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee refers the Government to its direct request and notes the information provided in its report. It notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation, as well as the decisions taken by the Government, into conformity with ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

The Committee is addressing a request directly to the Government on other points.

[The Government is asked to report in detail in 2009.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information communicated by the Government in its report. It notes the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation, as well as the decisions taken by the Government, into conformity with ILO social security Conventions. It also notes with interest the information provided on the application of Part IV (Survivors’ benefit), Article 24, paragraph 2, of the Convention. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

The Committee is addressing a request directly to the Government on other points.

[The Government is asked to report in detail in 2009.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report. It also notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomes the mission and provides assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation, as well as the decisions taken by the Government, into conformity with the ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. With reference to its previous comments the Committee notes that the statistical information available with regard to the right to medical care for categories covered by the social security system is provided for the years 1999 to 2002. Work is currently being undertaken to provide comprehensive information as soon as actuarial accounts are finalized for the number of employees insured by the social security system in relation to the overall number of employees in the country. The Committee hopes that the Government will therefore be able, with the help of the ILO, to provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

2. Part II (Medical care), Article 10, paragraph 1. In its previous comments, the Committee noted the information provided by the Government on the basis of which it understood that, in addition to the specialist care provided by the secretariat for social security under the social security legislation, basic care, including hospitalization when necessary, is provided by the health secretariat in exchange for the payment of the compulsory social security contribution of 2.5 per cent, as envisaged by section 29(d)(2) of Social Security Act No. 13 of 1980. The nature and type of specialist care are determined by rules made under sections 12(b) and 30 of Act No. 13, while the nature and type of basic care are determined by Health Act No. 106 of 1972 and its implementing regulations. The Committee takes note of the content of the above section 29. It notes however that this provision does not specify the types of medical care envisaged in Article 10, paragraph 2, of the Convention. It therefore requests the Government to provide the text of the legislation according to which such medical care is provided.

3. Part VIII (Maternity benefit), Article 50. In its previous comments, the Committee requested the Government to indicate whether a ceiling is prescribed for the overall monthly income taken into account for the calculation of maternity benefit or for the level of the benefit itself, and to provide copies of the applicable provisions. It notes in this regard that the minimum and maximum rates of income granting entitlement to benefits are set at 150 dinars as a minimum rate and 600 dinars as a maximum rate.

In view of this information, the Committee requests the Government to indicate whether these minimum and maximum rates are applicable for all categories of workers or only special categories, e.g. self-employed persons.

4. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that discussions with the ILO were held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants as well as the cash and in-kind benefits which will be provided as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee refers the Government to its observation and notes the information provided in its report. It notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomed the mission and provided assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation, as well as the decisions taken by the Government, into conformity with the ILO Social Security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

Article 6 of the Convention. The Committee once again requests the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, in accordance with which the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)) in respect to children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Philippines, Tunisia and Uruguay).

Article 7. In its previous comments, the Committee noted the information provided by the Government that a recommendation had been made to the competent authorities to take into consideration the Committee’s observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and Tunisia. It therefore hopes that the Government will be able to indicate in its next report the efforts that have been made to improve the application of Article 7 of the Convention with regard to the following points:

(a)  Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee hopes that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition, in accordance with Article 7 of the Convention.

(b)  The Committee recalls that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in course of acquisition for all the branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee notes the indication by the Government according to which the executive regulations to the Social Security Act No. 13 of 1980 includes provisions to safeguard the acquired rights and rights which are in the course of acquisition if the requested conditions for the entitlement to the specified insured benefits are met. With respect to the conclusion of a bilateral Convention with Syria, this is a matter to be left to the discretion of both countries. The Government shall take into account the Committee’s comments on acquired rights in the course of acquisition for all branches of social security when concluding any bilateral or multilateral agreements with other members in the field of social security. The Committee notes this information. It requests the Government to keep it informed on the progress made in this regard.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee refers the Government to its observation and notes the information provided in its report. It notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomed the mission and provided assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation as well as the decisions taken by the Government into conformity with the ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the National Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the National Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the National Schedule regarding anthrax infection does not refer, among the activities involving exposure to the risks in question, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. The Committee notes with interest that Regulations on Insurance Benefits No. 669 of 1981 will be revised so as to be in conformity with the Schedule of Occupational Diseases annexed to the Convention. The Committee requests the Government to keep it informed on any progress made in this regard.

Article 10. The Committee recalled in its previous comments the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requested the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point. The Committee notes the information provided by the Government, according to which medical services are provided by hospitals and health centres provided insured persons participate by paying 2.5 per cent. It would like the Government to specify whether the indicated percentage relates to the rate of contributions to be paid by insured persons or whether it relates to the cost of the prosthetic appliances.

Articles 13, 14 and 18 (in conjunction with Articles 19 or 20). With reference to its previous comments, the Committee notes the information provided by the Government on the calculation of benefits for a self-employed person. The Committee would therefore like the Government to provide the information requested under the report form on the calculation of an employment injury pension for a standard beneficiary who worked in salaried employment when the contingency occurred. The Committee would also like the Government to provide up-to-date information on the wage of a skilled manual male employee determined in accordance with paragraph 6 of Article 19 of the Convention, under Titles I-V, and on the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of Article 20, under Titles I-V. It would also like the Government to communicate information on the average wage of all protected persons.

Article 21. With reference to its previous comments, the Committee notes the Government’s indication, according to which in the framework of cooperation with the ILO, the Government shall undertake a study to indicate the financial status for the evaluation of benefits in accordance with section 28 of the Social Security Act (No. 13 of 1980). In light of the study, it would be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention which establishes that the rates of employment injury benefits must be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefits and that its next report will contain information in this regard.

Article 22(e). With reference to its previous comments, the Committee recalled that sections 38(5), 39(1)(b) and (c), 40 and 59 of the 1981 Regulations on Social Security Pensions are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. In its report the Government indicates that in the event of serious misconduct of the person concerned, the suspension of an employment injury benefit is subject to verification of such cases through different investigations which are carried out with respect to an accident, and which determine whether an action is appropriate or not. The Committee takes note of this information. It hopes that the Government will examine the possibility of amending the Regulations on Social Security Pensions so as to ensure that the suspension of benefits is only authorized where the employment injury has been caused by the wilful misconduct of the person concerned.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee refers the Government to its observation and notes the information provided in its report. It notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomed the mission and provided assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation as well as the decisions taken by the Government into conformity with the ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part X (Survivors’ benefit), Article 22, of the Convention. With reference to its previous comments, the Committee notes the Government’s indication according to which it acknowledges that, thanks to the explanations provided by the ILO mission, it was possible for the Government to provide the information requested on the amount of the different benefits. In this regard, the Committee notes the statistical information on the number and amount of social security benefits and the examples provided so as to clarify the provisions of Social Security Act No. 13 of 1980. With regard to survivors’ benefits, the Committee notes that the calculation of benefits is based on 34 years of service of the insured persons. Keeping in mind that, under the terms of Part X of the Convention, the rate of the survivors’ benefit should be such as normally to represent in the case of a widow with two children at least 40 per cent of the standard earnings on completion of the maximum qualifying period prescribed in paragraph 1(a) of Article 63 (in principle 15 years of contribution or employment), the Committee would like the Government to base its calculations for a standard beneficiary (widow with two children) whose breadwinner has completed a qualifying period of 15 years at the occurrence of the invalidity.

2. Part X (Survivors’ benefit), Article 24, paragraph 2. In its previous comments the Committee requested the Government to indicate the minimum period of contribution or employment required for entitlement to a survivor’s pension, and to provide the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It noted in this connection that the technical committee had recommended reconsidering the social security regulations regarding the minimum period of service and the social security contributions for entitlement to a pension, in accordance with the provisions of Convention No. 128. The Committee would like the Government to indicate whether a spouse whose insured husband dies after five years of contributions or employment is entitled to a survivor’s pension

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit), Article 10; Part III (Old-age benefit), Article 17; and Part IV (Survivors’ benefit), Article 23. (a) For the purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is asked to provide up-to-date statistical information required by the report form under Titles I-IV of Article 26 or Article 27 of the Convention, whichever of the two is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee notes the Government’s indication according to which, in the framework of cooperation with the ILO, the Government shall undertake a study to indicate the financial status for the evaluation of benefits in accordance with section 28 of the Social Security Act (No. 13 of 1980). In light of the study, it would be possible to increase cash benefits envisaged in the above section. In view of the importance that it attaches to this provision of the Convention which establishes that the rates of cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed to take account of trends in the cost of living and the general level of earnings, the Committee hopes that the Government will accordingly review the rate of benefits. It hopes that its next report will contain information in this regard

4. Part VI (Common provisions), Article 35. The Committee noted in its previous comments that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund had to be examined by one or more actuaries every three years. It requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. The Committee notes the Government’s indication that discussions with the ILO were held on the need to carry out an actuarial study so as to allow the Social Security Fund to appraise the number of participants as well as the monetary and in-kind benefits which will be provided, as well as the value of contributions for the persons insured in the future. The Committee hopes that the Government will provide information on the progress achieved in this respect.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report. It also notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomed the mission and provided assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation as well as the decisions taken by the Government in conformity with the ILO’s social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

1. Part IV of the Convention. Unemployment benefit. With reference to its previous comments, the Committee notes the Government’s statement according to which it reiterates the information provided in its previous report on the application of Part IV of the Convention, especially after an actuarial study was undertaken by an ILO social security specialist, and that it will seek contributions relating to unemployment benefit. The Committee therefore wishes again to draw the Government’s attention to the fact that the Convention is intended to afford effective protection against unemployment by means of a system of social security which makes it possible to finance unemployment benefit through collective contributions from all those concerned, thereby avoiding the situation in which they are payable directly by employers, which may become too burdensome if the level of unemployment in the country rises. The Committee therefore hopes that the Government would endeavour, with the help of the ILO, to adopt the necessary regulations to permit the Social Security Fund to receive contributions and to pay unemployment benefit, thereby giving effect to Part IV of the Convention through a system of social security and taking into account more fully the principles of organization and financing set out in Articles 71 and 72.

2. Part VII. Family benefit. In its previous comments, the Committee noted that section 24 of Act No. 13 of 1980 only provided for the granting of family allowances to pensioners under the social security system, whereas Article 41 of the Convention covers other categories of employees or residents. In its report, the Government indicates that the provisions of the Civil Service Act No. 55 of 1976, and amendments made thereto and its executive regulations shall apply to employees who are non-nationals who are contract holders. Other regulations shall also apply to them in accordance with section 18 of the regulations on employees who have contracts as non-nationals who are entitled to family benefits in the same way as their national counterparts. The Committee notes this information. It hopes that the Government will provide copies of the administrative regulations with its next report.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report. It also notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomed the mission and provided assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation, as well as the decisions taken by the Government, into conformity with the ILO social security Conventions. According to the Government, the exchange of views that took place during the mission were very useful with respect to the amendments of a few sections of the Social Security Act, its implementing regulations and executive decisions. As amendments to the Act require some time, it will inform the Committee of any new developments in this regard. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

1. Article 3, paragraph 1, of the Convention (in conjunction with Article 19). (a) The Committee noted in its previous observations that section 38(b) of the Social Security Act, No. 13 of 1980, and Regulations 28 to 33 of the Pension Regulations of 1981 provide that non-Libyan residents receive only a lump sum in the event of premature termination of work, whereas nationals are guaranteed, under section 38(a) of the Act, the maintenance of their wages or remuneration. The Committee points out again the importance of abolishing the difference between Libyan workers and foreign workers in the event of premature termination of employment. It hopes that the Government will take all necessary steps to this end in the near future.

(b) In its previous comments, the Committee pointed out that, according to the information sent by the Government and pursuant to the national legislation (sections 5(c) and 8(b) of the Social Security Act), foreign workers engaged in the public administration and non-Libyan self-employed workers may be affiliated only on a voluntary basis to the social security scheme unless, in the case of the latter, an agreement exists with their country of origin. The Committee notes the indication by the Government that the purpose of the Libyan legislation is not to oblige self-employed workers to be subject to the Social Security Act. Contributing to social security should be based on their voluntary will and desire, because they may be covered by social insurance in their own countries of origin. In the Government’s view, this is an advantage and not an act of discrimination towards this category of worker. However the comments made by the Committee will be taken into account if there is a reformulation of the above legislation. The Committee notes this information. It reiterates its view that, where affiliation of nationals to the social security scheme is compulsory, as it is in the Libyan Arab Jamahiriya, to make affiliation voluntary for some categories of foreign workers is contrary to the principle of equal treatment laid down in the Convention (except where arrangements exist between the Members concerned under Article 9). Foreigners are often unaware of their own rights and of the administrative steps that need to be taken to be protected and therefore cannot benefit from the advantages mentioned by the Government. It therefore reiterates the hope that the Government will take the necessary measures in the near future to bring the legislation into line with the Convention on this point.

(c) In its previous comments, the Committee pointed out that, under the terms of Regulation 16, paragraphs 2 and 3, and Regulation 95, paragraph 3, of the Pensions Regulations of 1981, and without prejudice to special social security agreements, non-nationals who have not completed a period of ten years’ contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, Regulation 174, paragraph 2, of the above Regulations seems to imply a contrario that this qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee pointed out that the above provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. The Committee notes the indication by the Government, according to which there is an amendment to the Regulations by virtue of Order No. 328 of 1986 that establishes the entitlement of non-nationals to old-age benefits when they have spent 20 years in the service for which they pay contributions. Section 29 of the Order lays down the condition of five years of minimum service and contributions of insured persons who are non-nationals for the payment of benefits. It also notes that, according to the Government, Libyan citizens do not enjoy this advantage. The Committee would like the Government to communicate the text of the above Order. It would also like the Government to provide information on the measures taken to give full effect to this provision of the Convention as regards the other points mentioned above.

2. Article 5. In its previous comments, the Committee pointed out that Regulation 161 of the Pension Regulations of 1981 provides that pensions or other cash benefits may be transferred to beneficiaries resident abroad subject, where appropriate, to the agreements to which the Libyan Arab Jamahiriya is a party. The Committee recalled that, in accordance with Article 5 of the Convention (read in conjunction with Article 10), each Member which has ratified the Convention has to guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors’ benefits, death grants and employment injury pensions. The Committee notes the indication by the Government in this regard; that this matter will be examined when amending the Regulations so as to bring them into conformity with the provisions of the Convention. It hopes that the Government will adopt the necessary measures in the near future so as to give effect to this provision of the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report. It also notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomes the mission and provides assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government's request to provide it with further technical assistance to formulate the legislation and to bring such legislation as well as the decisions taken by the Government into conformity with the ILO’s social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

The Committee is raising a number of issues in a direct request and hopes that the Government will provide the information requested for examination at its next session.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report. It also notes with interest the mission carried out by the Office in July 2005, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomes the mission and provides assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with further technical assistance to formulate the legislation and to bring such legislation as well as the decisions taken by the Government into conformity with the ILO social security Conventions. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting.

Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors’ benefit), Article 22, of the Convention. With reference to its previous comments, the Committee notes the Government’s indication, according to which it acknowledges that, thanks to the explanations provided by the ILO mission, it was possible for the Government to provide the information requested on the amount of the different benefits. In this regard, the Committee notes the statistical information on the number and amount of social security benefits and the examples provided so as to clarify the provisions of Social Security Act No. 13 of 1980. With regard to old-age and invalidity benefits, the Committee notes with satisfaction that, according to the information provided, the amount of these benefits attains the level prescribed by the Convention.

The Committee is raising a number of issues in a direct request and hopes that the Government will provide the information requested for examination at its next session.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its observation, the Committee notes the information provided by the Government in its report. It also notes the mission carried out by the Office in October 2004 and the information provided to it by the technical committee responsible for reports. It hopes that as a result of the technical assistance that it has requested, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which the Committee has commented and that it will provide information in its next report on the following points.

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. The Committee notes the Government’s indication that all employees without exception are entitled to medical care. It hopes that the Government will provide statistical information with its next report on the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

2. Part II (Medical care), Article 10, paragraph 2. In its previous comments, the Committee noted the information provided by the Government on the basis of which it understood that, in addition to the specialist care provided by the secretariat for social security under the social security legislation, basic care, including hospitalization when necessary, is provided by the health secretariat in exchange for the payment of the compulsory social security contribution of 2.5 per cent, as envisaged by section 29(d)(2) of Social Security Act No. 13 of 1980. The nature and type of specialist care are determined by rules made under sections 12(b) and 30 of Act No. 13, while the nature and type of basic care are determined by Health Act No. 106 of 1972 and its implementing regulations. The Committee once again hopes that the Government will provide copies of this legislation, with an indication of the provisions guaranteeing the types of medical care envisaged in Article 10, paragraph 2, of the Convention.

3. Part VIII (Maternity benefit), Article 50. In its previous comments, the Committee requested the Government to indicate whether a ceiling is prescribed for the overall monthly income taken into account for the calculation of maternity benefit or for the level of the benefit itself, and to provide copies of the applicable provisions. It notes the Government’s indication that no ceiling is prescribed, either for overall income, which is taken into account to the level of 100 per cent, nor for the amount of the benefit itself. It further notes section 25 of the Social Security Act No. 13 of 1980 and its amendments, referred to by the Government, which provides for a benefit equivalent to 100 per cent of the assumed income for a period of three months.

The Committee also requested the Government to provide the statistical data requested under Article 65 of the Convention, with an indication of the wage of a skilled manual male employee selected in accordance with paragraphs 6 and 7 of Article 65. The statistics provided by the Government do not contain the information requested. The Committee once again requests the Government to provide with its next report the statistical information requested under this provision.

4. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee notes that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund has to be examined by one or more actuaries every three years. In previous comments, it requested the Government to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security had been carried out recently and, if so, to provide the results of these studies. It notes the Government’s indication that the ILO has submitted a technical assistance project to the Social Security Fund in Libya in this field. The Committee hopes that the Government will provide information on the progress achieved in this respect.

[The Government is asked to report in detail in 2005.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its observation, the Committee once again requests the Government to provide information on the following points.

Article 6 of the Convention. The Committee once again requests the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, in accordance with which the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)) in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Philippines, Tunisia and Uruguay.)

Article 7. In its previous comments, the Committee noted the information provided by the Government that a recommendation had been made to the competent authorities to take into consideration the Committee’s observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and Tunisia. It therefore hopes that the Government will be able to indicate in its next report the efforts that have been made to improve the application of Article 7 of the Convention with regard to the following points:

(a)  Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee hopes that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition, in accordance with Article 7 of the Convention.

(b)  The Committee recalls that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in course of acquisition for all the branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take into account the above comments when concluding any new bilateral or multilateral social security agreements with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

[The Government is asked to reply in detail to the present comments in 2005.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Referring to its observation, the Committee notes the information provided by the Government in its report. It also notes the mission undertaken by the Office in October 2004 and the information supplied to it by the technical committee responsible for reports. It hopes that, further to the assistance requested, the Government will take the necessary measures to give full effect in law and in practice to the provisions of the Convention which are the subject of the comments and will provide information in its next report on the following points.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the National Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the National Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or x-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the National Schedule regarding anthrax infection does not refer, among the activities involving exposure to the risks in question, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. The Committee therefore once again hopes that the Government will take measures to supplement, in accordance with the Convention, the Schedule of occupational diseases contained in Annex A to the 1981 Regulations on Social Security Pensions with provisions explicitly mentioning all the diseases and activities referred to above.

Article 10. The Committee recalls the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee again requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in conjunction with Articles 19 or 20). The Committee again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of comparing the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

Article 21. The Committee notes with regret that the Government’s report still does not contain statistical information on the review of current periodical payments for long-term benefits resulting from substantial changes in the cost of living or in wage levels, as envisaged in sections 28 and 34 of the Social Security Act (No. 13 of 1980). It once again trusts that the Government will make every effort to include such data in its next report in the manner required by the report form adopted by the Governing Body.

Article 22(e). With reference to its previous comments, the Committee notes with regret that the replies and examples given by the abovementioned technical committee merely reproduce the information previously provided in 1992. It recalls that sections 38(5), 39(1)(b) and (c), 40 and 59 of the 1981 Regulations on Social Security Pensions are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. The Committee therefore trusts that the Government will amend, at the appropriate time, the above sections of the Regulations or to further specify their content in any other manner that accords with national practice, so as to ensure that the suspension of employment injury benefit is only authorized where the employment injury has been caused by the misconduct of the person concerned which is both serious and wilful.

[The Government is asked to report in detail in 2005.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee refers the Government to its observation and takes note of the information supplied in the Government’s report. It also notes the mission carried out by the Office in October 2004 and the information supplied to it by the Technical Committee responsible for reports. The Committee hopes that following the assistance it requested, the Government will take the necessary steps to give full effect in law and in practice to the provisions of the Convention on which the Committee has been commenting, and will provide information in its next report on the following points.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors’ benefit), Article 22 of the Convention. In its previous comments the Committee noted the statistical information on the number and amount of social security benefits in 1988 supplied by the Government. It again expresses the hope that the Government include in its next report as well statistical data on the scope of the various contingencies as required by the report form for Convention No. 128 under paragraph 1(a) and (b) of each of the abovementioned Articles.

2. Part IV (Survivors’ benefit), Article 24, paragraph 2. In its previous comments the Committee requested the Government to indicate the minimum period of contribution or employment required for entitlement to a survivor’s pension, and to provide the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It noted in this connection that the Technical Committee had recommended reconsidering the social security regulations regarding the minimum period of service and the social security contributions for entitlement to a pension, in accordance with the provisions of Convention No. 128. The Committee hopes that the Government will provide information in its next report on the action taken on this recommendation, together with the text of the regulatory provisions in question.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) The Committee noted in its previous comments that, according to the Technical Committee, the benefits are calculated on the basis of the wage or remuneration prior to the accident and determined by the reduction in social security contributions; the criteria and methods for calculating the wage or remuneration are illustrated by social security dispute settlements. The Committee again requests the Government to indicate the regulatory provisions in question and to provide specific examples of pension calculations for the abovementioned contingencies for a person corresponding to a standard beneficiary who has completed the qualifying period prescribed by the Convention. For the purpose of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, the Government is also asked to provide the statistical information required by the report form under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of the two is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee again asks the Government to do its utmost to ensure that effect is given to this Article of the Convention, which provides that the rates of cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed following substantial changes in the cost of living. Please provide the statistical information required under this Article of the Convention by the report form adopted by the Governing Body.

4. Part VI (Common provisions), Article 34, paragraph 2. With reference to its previous comments concerning the settlement of social security disputes, the Committee notes the provisions of article 6 of Ministry of Justice Decision No. 714 of 1974 on the procedures of the dispute settlement committees established pursuant to the Social Security Act.

5.  Part VI (Common provisions), Article 35. In its previous comments, the Committee noted that according to section 34 of Act No. 13 of 1980, the financial position of the Social Security Fund must be examined by one or more actuaries every three years, and asked the Government to indicate whether actuarial studies or calculations had been carried out recently, and if so to provide information on the results of them. It notes the information that the Office has submitted a technical assistance project to the Social Security Fund in Libya on this matter. The Committee hopes that in its next report the Government will provide information on progress made in this regard.

[The Government is asked to report in detail in 2005.]

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in its report. It also notes the mission carried out by the Office in October 2004, and the information provided to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomes the mission and provides assurances of its commitment to comply with the obligations deriving from the Convention. The Committee notes with interest the Government’s request to provide it with technical assistance to follow up the comments of the Committee and that this assistance will be provided during the course of 2005. It hopes that, as a result of this assistance, the Government will take the necessary measures to give full effect in law and practice to the provisions of the Convention on which it has been commenting and that it will provide information in its next report on the following points.

Part IV of the Convention. Unemployment benefit. With reference to its previous comments, the Committee recalls that, under the terms of section 38 of the Social Security Act, No. 13 of 1980, and Decision No. 303 of 1988 establishing rules governing the provision of cash unemployment benefits, in cases where a contract of work is terminated without the insured person being entitled to a pension, the insured person continues to receive the previous wage from the employer for a maximum period of six months or until he or she finds another job. Upon completion of this period, the competent people’s committee of the public service takes over responsibility until the insured person is assigned to a suitable job. In relation to the minimum standards of protection set out in the Convention, which authorizes the limitation of unemployment benefit to 13 weeks at a replacement rate of 45 per cent, the Libyan system guarantees the protection during the whole period of unemployment with a replacement rate of 100 per cent. In the Government’s opinion, these provisions of the national legislation are adequate to ensure effective protection against unemployment, which is the essential purpose of the Convention.

The Committee considers that, while the Libyan system may prove to be effective in the current national context in which there is practically no unemployment, with the result that the financial burden borne respectively by employers and local budgets remains under control, its effectiveness could rapidly become inadequate where, in the context of greater openness of the national economy to global markets, unemployment and production costs in the country were to rise. The Committee therefore wishes to draw the Government’s attention to the fact that the Convention is intended to afford effective protection against unemployment by means of a system of social security which makes it possible to finance unemployment benefit through collective contributions from all those concerned, thereby avoiding the situation in which they are payable directly by employers, which may become too burdensome if the level of unemployment in the country rises. The Committee therefore hopes that the Government will be able to reconsider the question in the light of its position as expressed in its 1995 report, in which it indicated that it would endeavour to adopt the necessary rules to permit the Social Security Fund to receive contributions and to pay unemployment benefit, thereby giving effect to Part IV of the Convention through a system of social security and taking into account more fully the principles of organization and financing set out in Articles 71 and 72. In this respect, the Committee notes that the technical committee is of the opinion that provisions should be introduced into the national social security system to cover unemployment benefit with a view to giving effect to Part IV of the Convention, and that the submission to amend section 38 of Act No. 13 and Decision No. 303, referred to above, has been forwarded to the Social Security Fund with a view to bringing these provisions into conformity with the Convention. The Committee also notes the indication of the technical committee that it will ascertain whether the Social Security Fund has made progress in this respect and will provide information as soon as possible.

2. Part VII. Family benefit. In its previous comments, the Committee noted that section 24 of Act No. 13 of 1980 only provided for the granting of family allowances to pensioners under the social security system, whereas Article 41 of the Convention covers other categories of employers or residents. In reply, the Government indicated in its previous report that the family benefit for the various categories of employees is covered by the legislation respecting labour and the public service and that the purpose of the Convention to provide family benefit to all employees without exception is fully attained. The Committee notes the decision of the People’s Committee of 24 April 1978, a copy of which was provided by the Government, which provides in section 1 that "Libyan employees, in both the public sector and the private sector, shall receive in addition to their wage and other indemnities, a family allowance ...". The Committee recalls that the Convention also covers employees who are not nationals. It hopes that the Government will provide copies with its next report of the provisions which also ensure that non-nationals are entitled to benefit from family allowances.

[The Government is requested to report in detail in 2005.]

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information supplied by the Government in its report of July 2004 and the information that the Technical Committee responsible for reports supplied to an ILO mission in October 2004. The Government undertakes to discharge its obligations and has requested technical assistance in order to take action on the Committee’s comments. Such assistance should be forthcoming early in 2005. Noting the concern expressed by the Conference Committee that serious discrepancies remain between the Convention and national law and practice, the Committee hopes that following the ILO assistance, the Government will take the necessary steps to give full effect in law and in practice to the provisions of the Convention. It hopes that the Government will send a detailed report for examination at its next session and that it will contain full replies to all the Committee’s previous comments, which addressed the following matters.

I. Article 3, paragraph 1, of the Convention (in conjunction with Article 19). The Committee noted in its previous observations that section 38(b) of the Social Security Act, No. 13 of 1980, and Regulations 28 to 33 of the Pension Regulations of 1981 provide that non-Libyan residents receive only a lump sum in the event of premature termination of work, whereas nationals are guaranteed, under section 38(a) of the Act, the maintenance of their wages or remuneration. The Committee once again points out the importance of abolishing the difference between Libyan workers and foreign workers in the event of premature termination of employment. It hopes that the Government will take all necessary steps to this end in the near future.

(b) According to the information sent by the Government and pursuant to the national legislation (sections 5(c) and 8(b) of the Security Act), foreign workers engaged in the public administration and non-Libyan self-employed workers may be affiliated only on a voluntary basis to the social security scheme unless, in the case of the latter, an agreement exists with their country of origin. The Committee again points out that where affiliation of nationals to the social security scheme is compulsory, as it is in the Libyan Arab Jamahiriya, to make affiliation voluntary for some categories of foreign workers is contrary to the principle of equal treatment laid down in the Convention (except where arrangements exist between the members concerned under Article 9). The Committee reiterates the hope that the Government will take the necessary measures in the near future to bring the legislation into line with the Convention on this point.

II. The Committee notes with regret that the Government merely reproduces the arguments adduced in its earlier reports and before the Conference Committee in 2002 in an attempt to justify the discrepancy between the national legislation and the Convention. It must therefore draw the Government’s attention to these matters once again.

1. Under the terms of Regulation 16, paragraphs 2 and 3, and Regulation 95, paragraph 3, of the Pensions Regulations of 1981, and without prejudice to special social security agreements, non-nationals who have not completed a period of ten years’ contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, Regulation 174, paragraph 2, of the above Regulations seems to imply a contrario that this qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee points out that the above provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. It hopes that the Government will indicate the measures that it has taken or is envisaging to give effect to this provision of the Convention.

2. Article 5. Regulation 161 of the Pension Regulations of 1981 provides that pensions or other cash benefits may be transferred to beneficiaries resident abroad subject, where appropriate, to the agreements to which the Libyan Arab Jamahiriya is a party. The Committee recalls that, in accordance with Article 5 of the Convention (read in conjunction with Article 10), each Member which has ratified the Convention must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors’ benefits, death grants and employment injury pensions. The Committee considers that the strict application of Article 5 of the Convention is all the more necessary in the light of the mass expulsions which have taken place in the past of foreign workers from the national territory. It hopes that the Government will indicate in its next report the measures which have been taken or are envisaged to give effect to this basic provision of the Convention in both law and practice.

[The Government is asked to reply in detail to the present comments in 2005.]

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in its report. It also notes the mission undertaken by the Office in October 2004 and the information supplied to it by the technical committee responsible for reports. The Committee notes that the Libyan Government welcomed the mission and undertook to respect its obligations arising from the Convention. The Committee notes with interest the Government’s request for technical assistance in order to respond to the Committee’s comments and notes that this assistance will be provided during 2005. It hopes that, further to this assistance, the Government will take the necessary measures to give full effect in law and in practice to the provisions of the Convention which are the subject of the comments.

The Committee raises a number of issues in a direct request and hopes that the Government will provide the information requested for examination at its next session.

[The Government is asked to report in detail in 2005.]

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information supplied by the Government in its report. It also notes the mission carried out by the Office in October 2004 and the information supplied to it by the technical committee responsible for reports. The Committee notes that the Government welcomes the mission and states that it undertakes to fulfil its obligations under the Convention. The Committee notes with interest the Government’s request for technical assistance in order to act on the Committee’s comments and that such assistance will be provided in the course of 2005. The Committee hopes that as a result of the assistance, the Government will take the necessary steps to give full effect in law and in practice to the provisions of the Convention on which the Committee has been commenting.

The Committee raises a number of issues in a direct request and hopes that the Government will not fail to provide the information requested for examination at its next session.

[The Government is asked to report in detail in 2005.]

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its observation, the Committee notes the information from the technical committee responsible for preparing the necessary replies to the comments of the Committee of Experts, forwarded by the Government in May 2000. It notes in particular the information concerning the application of Article 7, paragraph 1, of the Convention, which was the subject of its previous comments. With regard to the other matters that it has been raising for several years, the Committee hopes that full particulars will be provided by the Government for examination at its next session, and particularly on the following points.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Schedule A to the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the national Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national Schedule regarding anthrax infection does not refer among the activities involving exposure to the risk to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. In its reply in 1992, the Government stated that both the above diseases and types of work are covered by the national legislation. The Committee therefore once again hopes that the Government will take measures to supplement, in accordance with the Convention, the Schedule of occupational diseases contained in Annex A to the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

Article 10. The Committee recalls the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in relation with Articles 19 or 20). The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of comparing of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

Article 21. The Committee notes with regret that the Government’s report still does not contain statistical information on the review of current periodical payments for long-term benefits resulting from substantial changes in the cost of living or in wage levels, as envisaged in sections 28 and 34 of the Social Security Act (No. 13 of 1980). It once again trusts that the Government will make every effort to include such data in its next report in the manner required by the report form adopted by the Governing Body.

Article 22(e). With reference to its previous comments, the Committee regrets to note that the replies and examples furnished by the above technical committee merely reproduce the information previously provided in 1992. It recalls that sections 38(5), 39(1)(b) and (c), 40 and 59 of the Regulations on Social Security Pensions of 1981 are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. The Committee therefore trusts that the Government will not fail to amend, at the appropriate time, the above sections of the Regulations or to further specify their content in any other manner that accords with national practice, so as to ensure that the suspension of employment injury benefit is only authorized where the employment injury has been caused by the misconduct of the person concerned which is both serious and wilful.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its observation, the Committee hopes that a detailed report will be sent for examination at its next session and that it will contain full information on the following points, which the Committee has been raising in its comments for a number of years.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors’ benefit), Article 22 of the Convention. The Committee notes the statistical information on the number and amount of social security benefits in 1998 supplied by the technical committee responsible for preparing the necessary responses to observations by the Committee of Experts. It trusts that in its next report the Government will not fail to include statistical data on the scope of the various contingencies required by the report form on Convention No. 128 under paragraph 1(a) and (b) of each of the abovementioned Articles.

2. Part IV (Survivors’ benefit), Article 24, paragraph 2. In its previous comments, the Committee requested the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors’ pension. It also asked the Government to send the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It notes in this connection that the abovementioned technical committee recommends reconsidering the social security regulations as regards the minimum period of service and the social security contributions for entitlement to a pension, in accordance with the provisions of Convention No. 128. The Committee would be grateful if in its next report the Government would provide information on the effect given to this recommendation and the text of the regulatory provisions in question.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) The Committee notes that, according to the technical committee, the benefits are calculated on the basis of the wage or remuneration prior to the accident and determined by the reduction in social security contributions; the criteria and methods for calculating the wage or remuneration illustrated by social security dispute settlements. The Committee would be grateful if the Government would indicate the regulatory provisions in question and provide specific examples of pension calculations for the abovementioned contingencies for a person corresponding to a standard beneficiary who has completed the qualifying period prescribed by the Convention. For the purposes of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, please also provide the statistical information required by the report form under titles I to IV of Article 26 or Article 27 of the Convention, whichever of the two is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee again asks the Government to do its utmost to ensure that effect is given to this Article of the Convention which provides that the rates of cash benefits currently payable pursuant to Article 10 (Invalidities benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed following substantial changes in the cost of living, and to provide the statistical information required under this Article of the Convention by the report form adopted by the Governing Body.

4. Part VI (Common provisions), Article 34, paragraph 2. With reference to its previous comments concerning the settlement of social security disputes cited by the technical committee, the Committee would be grateful if the Government would state which regulatory provisions allow the claimant to be represented or assisted by a qualified person of their choice or by a delegate of an organization representative of persons protected, in accordance with Article 34, paragraph 2, of the Convention.

5. Part VI (Common provisions), Article 35. The Committee notes that, according to section 34 of Act No. 13 of 1980, the financial position of the Social Security Fund must be examined by one or more actuaries every three years. The Government is accordingly asked to indicate whether any actuarial studies or calculations have been carried out recently in the interests of sound social security finances and, if so, to send information on the results.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to the comments that it has been making for several years on Conventions Nos. 102, 118, 121, 128 and 130, ratified by the Libyan Arab Jamahiriya, the Committee draws the Government’s attention to Part I of its observation concerning Convention No. 102.

With regard to Convention No. 121, the Committee regrets to note once again that the information provided by the technical committee responsible for preparing the necessary responses to the comments of the Committee of Experts, in the same way as the information provided by the Government in 1992, only gives partial responses and does not contain the statistical data required by the report form adopted by the Governing Body. The Committee is therefore bound to raise these matters once again in a new direct request in the hope that the Government will not fail to provide the information requested for examination at its next session.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to the comments it has been making for many years on Conventions Nos. 102, 118, 121 and 130, ratified by the Libyan Arab Jamahiriya, the Committee draws the Government’s attention to Part I of its observation on Convention No. 102.

As regards Convention No. 128, the Committee notes with regret once again that the information supplied by the technical committee responsible for preparing the necessary replies to the observations of the Committee of Experts, like the information supplied in 1992, gives only partial responses and does not contain the statistical data called for in the report form adopted by the Governing Body. Consequently, the Committee is bound to revert to these matters in a new direct request in the hope that the Government will not fail to send the information requested for examination at its next session.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

With reference to its observation, the Committee hopes that a detailed report will be provided for examination by the Committee at its next session and that it will contain full particulars on the points raised in its previous direct request, which read as follows:

Article 6 of the Convention.  The Committee again asks the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, which provides that the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)), in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Philippines, Tunisia, Uruguay).

Article 7.  In previous comments, the Committee noted that the National Commission for the Study of International Labour Conventions and Recommendations had recommended that the competent authorities should take into consideration the Committee’s observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and Tunisia. It therefore hopes that in its next report the Government will be able to state what efforts have been made to improve the application of Article 7 of the Convention on the following points:

(a)  Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expresses the hope that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition in accordance with Article 7 of the Convention.

(b)  The Committee points out that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition for all the branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take account of the above comments when concluding any new bilateral or multilateral social security agreements with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

[The Government is asked to supply full particulars to the Conference at its 91st Session and to reply in detail to the present comments in 2003.]

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

With reference to its observation, the Committee notes the information from the technical committee responsible for preparing the necessary replies to the comments of the Committee of Experts, forwarded by the Government in May 2000. It notes in particular the information concerning the application of Article 7, paragraph 1, of the Convention, which was the subject of its previous comments. With regard to the other matters that it has been raising for several years, the Committee hopes that full particulars will be provided by the Government for examination at its next session, and particularly on the following points.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Schedule A to the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the national Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or x-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national Schedule regarding anthrax infection does not refer among the activities involving exposure to the risk to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. In its reply in 1992, the Government stated that both the above diseases and types of work are covered by the national legislation. The Committee therefore once again hopes that the Government will take measures to supplement, in accordance with the Convention, the Schedule of occupational diseases contained in Annex A to the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

Article 10. The Committee recalls the Government’s statement in 1992 that prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

Articles 13, 14 and 18 (in relation with Articles 19 or 20). The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of comparing of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

Article 21. The Committee notes with regret that the Government’s report still does not contain statistical information on the review of current periodical payments for long-term benefits resulting from substantial changes in the cost of living or in wage levels, as envisaged in sections 28 and 34 of the Social Security Act (No. 13 of 1980). It once again trusts that the Government will make every effort to include such data in its next report in the manner required by the report form adopted by the Governing Body.

Article 22(e). With reference to its previous comments, the Committee regrets to note that the replies and examples furnished by the above technical committee merely reproduce the information previously provided in 1992. It recalls that sections 38(5), 39(1)(b) and (c), 40 and 59 of the Regulations on Social Security Pensions of 1981 are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. The Committee therefore trusts that the Government will not fail to amend, at the appropriate time, the above sections of the Regulations or to further specify their content in any other manner that accords with national practice, so as to ensure that the suspension of employment injury benefit is only authorized where the employment injury has been caused by the misconduct of the person concerned which is both serious and wilful.

[The Government is asked to report in detail in 2003.]

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

With reference to its observation, the Committee hopes that a detailed report will be sent for examination at its next session and that it will contain full information on the following points, which the Committee has been raising in its comments for a number of years.

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors’ benefit), Article 22 of the Convention. The Committee notes the statistical information on the number and amount of social security benefits in 1998 supplied by the technical committee responsible for preparing the necessary responses to observations by the Committee of Experts. It trusts that in its next report the Government will not fail to include statistical data on the scope of the various contingencies required by the report form on Convention No. 128 under paragraph 1(a) and (b) of each of the abovementioned Articles.

2. Part IV (Survivors’ benefit), Article 24, paragraph 2. In its previous comments, the Committee requested the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors’ pension. It also asked the Government to send the texts of the regulations adopted under section 21(c) of Act No. 13 of 1980. It notes in this connection that the abovementioned technical committee recommends reconsidering the social security regulations as regards the minimum period of service and the social security contributions for entitlement to a pension, in accordance with the provisions of Convention No. 128. The Committee would be grateful if in its next report the Government would provide information on the effect given to this recommendation and the text of the regulatory provisions in question.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit), Article 10; III (Old-age benefit), Article 17; and IV (Survivors’ benefit), Article 23. (a) The Committee notes that, according to the technical committee, the benefits are calculated on the basis of the wage or remuneration prior to the accident and determined by the reduction in social security contributions; the criteria and methods for calculating the wage or remuneration illustrated by social security dispute settlements. The Committee would be grateful if the Government would indicate the regulatory provisions in question and provide specific examples of pension calculations for the abovementioned contingencies for a person corresponding to a standard beneficiary who has completed the qualifying period prescribed by the Convention. For the purposes of comparing the rate set by the Convention with that of the periodical payments established in the national legislation, please also provide the statistical information required by the report form under titles I to IV of Article 26 on Article 27 of the Convention, whichever of the two is used, indicating in particular the wage of a skilled manual male employee (determined according to Article 26, paragraph 6) and/or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4).

(b) Article 29 (Review of the rates of cash benefits currently payable). With reference to its previous comments, the Committee again asks the Government to do its utmost to ensure that effect is given to this Article of the Convention which provides that the rates of cash benefits currently payable pursuant to Article 10 (Invalidities benefit), Article 17 (Old-age benefit) and Article 23 (Survivors’ benefit) should be reviewed following substantial changes in the cost of living, and to provide the statistical information required under this Article of the Convention by the report form adopted by the Governing Body.

4. Part VI (Common provisions), Article 34, paragraph 2. With reference to its previous comments concerning the settlement of social security disputes cited by the technical committee, the Committee would be grateful if the Government would state which regulatory provisions allow the claimant to be represented or assisted by a qualified person of their choice or by a delegate of an organization representative of persons protected, in accordance with Article 34, paragraph 2, of the Convention.

5. Part VI (Common provisions), Article 35. The Committee notes that, according to section 34 of Act No. 13 of 1980, the financial position of the Social Security Fund must be examined by one or more actuaries every three years. The Government is accordingly asked to indicate whether any actuarial studies or calculations have been carried out recently in the interests of sound social security finances and, if so, to send information on the results.

[The Government is asked to report in detail in 2003.]

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

With reference to its observation, the Committee notes the information concerning the application of Convention No. 102 and Part II (Medical care) of Convention No. 130, provided by the technical committee responsible for preparing the necessary replies to the comments of the Committee of Experts, which were forwarded by the Government in May 2000. It notes in particular the information concerning the application of Articles 11, 51 and 71, paragraphs 1 and 2, of the Convention, on which it had commented previously. With regard to other issues that it has been raising for several years, the Committee hopes that the Government will provide full particulars for examination at its next session, particularly on the following points.

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48, of the Convention. Please supply statistics relating to the scope of each of the above contingencies, as requested by the report form under Article 76, Title I, of the Convention, with an indication of the number of employees protected by the social security scheme in relation to the total number of employees in the country.

2. Part II (Medical care), Article 10, paragraph 2. According to the information provided by the Government, the Committee understands that, in addition to the specialist care provided by the secretariat for social security under the social security legislation, basic care, including hospitalization when necessary, is provided by the health secretariat in exchange for the payment of the compulsory social security contribution of 2.5 per cent envisaged by section 29(d)(2) of the Social Security Act No. 13 of 1980. The nature and type of specialist care are determined by rules made under sections 12(b) and 30 of Act No. 13, while the nature and type of basic care are determined by the Health Act No. 106 of 1972 and its implementing regulations. The Committee would therefore be grateful if the Government would provide copies of this legislation, with an indication of the provisions guaranteeing the types of medical care envisaged in Article 10, paragraph 2, of the Convention.

3. Part VIII (Maternity benefit), Article 50. With reference to its previous comments, the Committee once again requests the Government to indicate whether a ceiling is prescribed for the overall monthly income taken into account for the calculation of maternity benefit or for the level of the benefit itself, and to provide copies of the applicable provisions. Please also provide the statistics requested under Article 65 of the Convention and indicate the wage of a skilled manual male employee selected in accordance with paragraphs 6 and 7 of Article 65.

4. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. The Committee notes that, by virtue of section 34 of Act No. 13 of 1980, the financial situation of the Social Security Fund has to be examined by one or more actuaries every three years. The Government is therefore requested to indicate whether such actuarial studies and calculations concerning the financial equilibrium of social security have been carried out recently and, if so, to provide the results of these studies.

[The Government is asked to report in detail in 2003.]

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

With reference to the comments that it has been making for many years on Conventions Nos. 102, 118, 121, 128 and 130, which have been ratified by the Libyan Arab Jamahiriya, the Committee draws the Government’s attention to Part I of its observation on Convention No. 102.

With regard to Convention No. 118, the Committee notes with regret that, instead of the detailed report that the Government should have submitted in 2001, it has once again sent the same text of the reply prepared by the technical commission responsible for preparing the necessary replies to the observations made by the Committee of Experts, which it had already provided in 1995 and 1997. The Committee recalls that the Government has not provided any new or substantial information since the first examination of this case by the Conference Committee in 1992, despite the assurances given by the Government representative during the second discussion of this case in June 1999, when the Conference Committee expressed deep concern at the persistence of serious discrepancies between the Convention and national law and practice, despite the time which had passed. The Committee therefore hopes that a detailed report will be submitted by the Government for examination at its next session in November-December 2003 and that it will contain full replies to its previous observation, which read as follows:

I. Article 3, paragraph 1, of the Convention (read in conjunction with Article 10). (a) In its previous observations, the Committee noted that section 38(b) of the Social Security Act No. 13 of 1980 and Regulations 28 to 33 of the Pension Regulations of 1981 provide that non-Libyan residents receive only a lump sum in the event of premature termination of work, whereas nationals are guaranteed, under section 38(a) of Act No. 13, the maintenance of their wages or remuneration. The Committee emphasized that this difference in treatment is contrary to the provisions of the Convention. In its reply, the Government explains that unless the period during which contributions have been paid is considered as a period of contribution under a social security agreement concluded between the Government and the State of which the contributor is a national, the latter is only entitled to a lump sum due to the fact that the residence permit as a foreign worker is linked to the contract of employment, and the worker has to leave the country when the contract ends. The Committee notes this information. It once again emphasizes the importance of eliminating the difference in treatment between Libyan nationals and foreign workers in the event of the premature termination of their work. It hopes that the Government will take all the necessary measures for this purpose in the near future.

(b) The Government indicates in its report that section 5(c) of the Social Security Act allows foreign workers engaged in the public administration to affiliate on a voluntary basis to the social security scheme, which provides them with many contractual benefits that are more advantageous than social security benefits. Moreover, section 8(b) of the Social Security Act, covering non-Libyan self-employed workers, provides that affiliation may only be on a voluntary basis, unless there is an agreement concluded with the country of which the workers are nationals, as most people in this category are not residents of the Libyan Arab Jamahiriya and pay contributions to the social security system in their respective countries. The Committee notes this information. It recalls again that where the subscription of nationals to the social security scheme is compulsory, as in the Libyan Arab Jamahiriya, the subscription of certain categories of foreign workers to the social security scheme on a voluntary basis only is contrary to the principle of equality of treatment as provided by the Convention (subject to any agreement drawn up between the Members concerned under Article 9 of the Convention). The Committee hopes once again that the Government will take the necessary measures in the very near future to bring the legislation into conformity with the Convention on this point.

II. Furthermore, the Committee notes with regret that the Government’s report does not contain any information in reply to the other matters raised in its previous observations. It is therefore bound to draw the Government’s attention once again to these matters.

1. Under the terms of Regulation 16, paragraphs 2 and 3, and Regulation 95, paragraph 3, of the Pensions Regulations of 1981, and without prejudice to special social security agreements, non-nationals who have not completed a period of ten years’ contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, Regulation 174, paragraph 2, of the above Regulations seems to imply a contrario that this qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee recalls that the above provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. It hopes that the Government will indicate the measures that it has taken or is envisaging to give effect to this provision of the Convention.

2. Regulation 161 of the Pension Regulations of 1981 provides that pensions or other monetary benefits may be transferred to beneficiaries resident abroad subject, where appropriate, to the agreements to which the Libyan Arab Jamahiriya is a party. The Committee recalls that, in accordance with Article 5 of the Convention (read in conjunction with Article 10), each Member which has ratified the Convention must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors’ benefits, death grants and employment injury pensions. The Committee considers that the strict application of Article 5 of the Convention is all the more necessary in the light of the mass expulsions which have taken place in the past of foreign workers from the national territory. It hopes that the Government will indicate in its next report the measures which have been taken or are envisaged to give effect to this basic provision of the Convention in both law and practice.

[The Government is asked to supply full particulars to the Conference at its 91st Session and to reply in detail to the present comments in 2003.]

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

With reference to the comments that it has been making for several years on Conventions Nos. 102, 118, 121, 128 and 130, ratified by the Libyan Arab Jamahiriya, the Committee draws the Government’s attention to Part I of its observation concerning Convention No. 102.

With regard to Convention No. 121, the Committee regrets to note once again that the information provided by the technical committee responsible for preparing the necessary responses to the comments of the Committee of Experts, in the same way as the information provided by the Government in 1992, only gives partial responses and does not contain the statistical data required by the report form adopted by the Governing Body. The Committee is therefore bound to raise these matters once again in a new direct request in the hope that the Government will not fail to provide the information requested for examination at its next session.

[The Government is asked to report in detail in 2003.]

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

With reference to the comments it has been making for many years on Conventions Nos. 102, 118, 121 and 130, ratified by the Libyan Arab Jamahiriya, the Committee draws the Government’s attention to Part I of its observation on Convention No. 102.

As regards Convention No. 128, the Committee notes with regret once again that the information supplied by the technical committee responsible for preparing the necessary replies to the observations of the Committee of Experts, like the information supplied in 1992, gives only partial responses and does not contain the statistical data called for in the report form adopted by the Governing Body. Consequently, the Committee is bound to revert to these matters in a new direct request in the hope that the Government will not fail to send the information requested for examination at its next session.

[The Government is asked to report in detail in 2003.]

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

I. With reference to the comments that it has been making for many years on Conventions Nos. 102, 118, 121, 128 and 130, the Committee notes that the Government provided information in May 2000 prepared by the technical committee responsible for preparing the necessary replies to the comments of the Committee of Experts. The Committee notes with regret that most of the questions raised in its previous comments received no reply, despite the reminders sent to the Government in July 2000. This concerns in particular all the requests for the statistical information required by the report forms adopted by the Governing Body on the above Conventions. Furthermore, the detailed reports on the application of Conventions Nos. 102, 118 and 128, which the Government should have submitted in 2001, have not been received. In these conditions, the Committee is bound to take up once again certain matters raised in its previous comments in the hope that reports and detailed replies will be sent by the Government for examination at its next session in November-December 2003. The Committee recalls that, if the Government is experiencing difficulties of an administrative or technical nature in the compilation of statistical data in the field of social security, in preparing reports or amending the relevant legislation, it could always have recourse to the technical assistance of the International Labour Office in this field.

II. With regard more particularly to Convention No. 102, the Government has supplied, in addition to the information from the above technical committee, the report for the period ending 30 June 2001, which only contains replies to the observation of 1999, but not to the questions raised by the Committee in its direct request of the same year. The Committee has therefore been bound to take up once again certain of these matters in a new request addressed directly to the Government. Finally, with regard to the matters raised in its previous observation, it hopes that full particulars will be provided by the Government on the following points.

1. Part IV (Unemployment benefit) of the Convention. With reference to its previous comments, the Committee recalls that, under the terms of section 38 of the Social Security Act, No. 13 of 1980, and Decision No. 303 of 1988 establishing rules governing the provision of cash unemployment benefits, where a contract of work or service is terminated without the insured person being entitled to a pension, the contributor continues to receive the previous wage from the employer for a maximum period of six months or until he or she finds another job and, upon completion of this period, from the competent people’s committee of the public service until the contributor is assigned to a suitable job. In relation to the minimum standards set out in the Convention, which authorizes the limitation of unemployment benefit to 13 weeks at a replacement rate of 45 per cent, the Libyan system extends the protection during the whole period of unemployment with a replacement rate of 100 per cent. In the Government’s opinion, as expressed in the past and endorsed in its last report, these provisions of the national legislation are adequate to ensure effective protection against unemployment, which is the essential purpose of the Convention.

The Committee considers that, while the Libyan system may prove to be effective in the current national context in which there is practically no unemployment, with the result that the financial burden borne respectively by employers and local budgets remains under control, its effectiveness could rapidly become inadequate where, in the context of greater openness of the national economy to global markets, unemployment and production costs in the country were to rise. The Committee therefore wishes to draw the Government’s attention to the fact that, although the Convention is intended to afford effective protection against unemployment, it envisages doing so by means of a system of social security which makes it possible to finance unemployment benefit through collective contributions from all those concerned, thereby avoiding the situation in which they are payable directly by employers, which may become too burdensome if the level of unemployment in the country rises. The Committee therefore hopes that the Government will reconsider the question in the light of its position as expressed in its 1995 report, in which it indicated that it would endeavour to adopt the necessary rules to permit the Social Security Fund to receive contributions and to pay unemployment benefit, thereby giving effect to Part IVof the Convention by means of the social security system and taking into account more fully the principles of organization and financing set out in Articles 71 and 72. In this respect, the Committee notes that the technical committee is of the opinion that provisions should be introduced in the national social security system to cover unemployment benefit with a view to giving effect in practice to Part IV of the Convention, and that it indicates that the submission to amend section 38 of Act No. 13 and Decision No. 303, referred to above, has been forwarded to the Social Security Fund with a view to bringing these provisions into conformity with the Convention. The Committee would be grateful if the Government would indicate the progress achieved in this respect in its next report.

2. Part VII (Family benefit). In its previous comments, the Committee noted that section 24 of Act No. 13 of 1980 only provided for the granting of family allowances to pensioners under the social security system, whereas Article 41 of the Convention covers other categories of employees or residents. In reply, the Government indicates that the family benefit for the various categories of employees is covered by the legislation respecting labour and the public service and that the purpose of the Convention of providing family benefit to all employees without exception is fully attained. The Committee notes this information with interest and hopes to receive copies of the legislative provisions in question with the Government’s next report.

[The Government is asked to report in detail in 2003.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

I. The Committee notes with regret that the Government's report does not contain a reply to its previous comments. It hopes that the next report will contain full information on the following matters raised in its previous direct request:

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48, of the Convention. The Committee notes that the Government's report does not contain the statistical information that it requested previously concerning the scope of each of the above contingencies, which is necessary so that it can assess the manner in which the Convention is applied in practice. It therefore requests the Government to supply the statistical information requested in the report form under Title I of Article 76, with an indication, for example, of the number of employees actually covered by the social security scheme in relation to the total number of employees.

2. Part II (Medical care). (a) Article 10, paragraph 2. The Committee requests the Government to supply the text of the legal provisions determining the nature of the medical care which is provided in the event of illness and to indicate whether it includes hospitalization where necessary.

(b) Article 11. The Committee once again requests the Government to indicate whether a qualifying period is required for entitlement to medical care and, if so, its duration and the rules used to calculate it, taking into account the provisions of section 35 of Act No. 13 of 1980.

(c) Article 12. The Committee once again requests the Government to supply the texts of the regulations issued under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). The Committee requests the Government to indicate whether a qualifying period is required for entitlement to medical care in the event of maternity and, if so, its duration and the rules used for calculating it, taking into account the provisions of section 35 of Act No. 13 of 1980.

4. Part XIII (Common provisions). (a) Article 71, paragraphs 1 and 2. The Committee once again requests the Government to provide the information requested in the report form for this Article of the Convention, with an indication, for each of the Parts of the Convention which have been accepted, of the total resources allocated to the protection of employees, their wives and children, and the total of the insurance contributions borne by the employees protected.

(b) Article 71, paragraph 3, and Article 72, paragraph 2. The Committee requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are carried out periodically and, if so, to forward the results of these studies.

II. Part VIII (Maternity benefit), Article 50. With reference to its previous comments, the Committee notes with regret that the Government's report only repeats the information that was provided in June 1995 and still does not provide the statistical data requested, nor does it state whether recourse is made to Article 65 or Article 66 for the calculation of maternity benefit. However, the Government confirms that the above benefits are calculated on the basis of the overall monthly income taken into account for the calculation of contributions, which includes not only basic pay but also housing, family and other allowances and indemnities subject to insurance contributions. In this situation, the Committee requests the Government once again to indicate whether a ceiling is prescribed for the amount of the overall monthly income taken into account for the calculation of the benefit and to supply the texts of the applicable provisions. Please also provide the statistical information requested under Article 65 of the Convention, with an indication, if a ceiling is prescribed for the income taken into account for the calculation of maternity benefit, or for the level of the benefit itself, of the wage of a skilled manual male employee selected in accordance with paragraphs 6 and 7 of Article 65.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its observation, the Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. The Committee again asks the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, which provides that the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)), in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Tunisia, Uruguay, Viet Nam.)

Article 7. In previous comments the Committee noted that the National Commission for the Study of International Labour Conventions and Recommendations had recommended that the competent authorities should take into consideration the Committee's observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and with Tunisia in particular. It therefore hopes that in its next report the Government will be able to state what efforts have been made to improve the application of Article 7 of the Convention on the following points:

(a) Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expresses the hope that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition in accordance with Article 7 of the Convention.

(b) The Committee points out that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights an that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take account of the above comments when concluding any new bilateral or multilateral social security agreements with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received for the sixth consecutive time. It hopes that a report will be supplied for examination by the Committee at it next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death, (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational disease contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. in view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comment, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which are provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the social security Act, No. 13 of 1980, and the decision of the People's General Committee respecting Social Security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received for the fourth consecutive time. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Part IV (Unemployment benefit) of the Convention. The Committee notes with regret that the Government's report received in 1997 only reproduces the information provided previously and adds no new element allowing it to assess developments in the situation. In these circumstances, the Committee wishes to recall that the unemployment benefit paid by the employer cannot be considered as sufficient to give effect to Part IV of the Convention, which has to be implemented by a system of social security organized and financed in accordance with Articles 71 and 72 of the Convention. The Committee therefore hopes that the Government will not fail to re-examine the situation and to take all the necessary measures, in both law and in practice, to establish an unemployment protection system in accordance with the Convention. 2. Part VII (Family benefit). The Committee notes with regret that the Government's report contains no new information on this subject in reply to its previous observation. It is therefore bound to recall that section 24 of the Social Security Act provides for the provision of family allowances to pensioners only whereas, in accordance with Article 41 of the Convention, the persons protected shall comprise: (a) prescribed classes of employees, constituting not less than 50 per cent of employees; or (b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or (c) all residents whose means during the contingency do not exceed prescribed limits. The Committee once again hopes that the Government will be able to re-examine the situation so as to include in the Libyan social security scheme measures relating to family benefit in order to ensure that full effect is given to Part VII of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that, notwithstanding the assurances given by the Government representative during the discussion of this case by the Conference Committee in June 1999, which deplored the Government's failure to provide any new and substantial information since the case was last examined in 1992 and strongly urged it to do so, the Government's report has not been received. It further notes that, in its conclusions on this case, the Conference Committee has expressed deep concern that, despite the time which has elapsed, serious divergences continue to exist between the Convention and the national legislation and practice. In this situation, the Committee is bound to repeat its previous observation which read as follows:

I. Article 3, paragraph 1, of the Convention (read in conjunction with Article 10). (a) In its previous observations, the Committee noted that section 38(b) of the Social Security Act No. 13 of 1980 and Regulations 28 to 33 of the Pension Regulations of 1981 provide that non-Libyan residents receive only a lump sum in the event of premature termination of work, whereas nationals are guaranteed, under section 38(a) of Act No. 13, the maintenance of their wages or remuneration. The Committee emphasized that this difference in treatment between Libyan nationals and foreign workers in the event of the premature termination of their work is contrary to the principle of equality set out in this provision of the Convention and it drew the Government's attention to the need to eliminate this distinction in law and in practice. In this respect, the Committee notes with regret that the Government's latest report only repeats the information provided in 1995 and does not refer to any change in the situation, which therefore remains contrary to the provisions of the Convention. In these circumstances, the Committee is bound once again to express the hope that the Government will not fail to reconsider the situation and take all the necessary measures to give full effect to the Convention on this point. (b) The Committee also notes with regret that the Government's latest report also repeats word for word the information provided in 1995 with regard to the matters raised in its previous observations concerning the application of sections 5(c) and 8(b) of the above Act No. 13. In this situation, the Committee is bound to recall that where the subscription of nationals to the social security scheme is compulsory, as in the Libyan Arab Jamahiriya, the subscription of certain categories of foreign workers to the social security scheme on a voluntary basis only is contrary to the principle of equality of treatment as provided by the Convention (subject to any agreement drawn up between the Members concerned under Article 9 of the Convention). The Committee hopes once again that the Government will take the necessary measures in the very near future to bring the legislation into conformity with the Convention on this point. II. Furthermore, the Committee notes with regret that the Government's report does not contain any information in reply to the other matters raised in its previous observations. It is therefore bound to draw the Government's attention once again to these matters. 1. Under the terms of Regulation 16, paragraphs 2 and 3, and Regulation 95, paragraph 3, of the Pensions Regulations of 1981, and without prejudice to special social security agreements, non-nationals who have not completed a period of ten years' contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, Regulation 174, paragraph 2, of the above Regulations seems to imply a contrario that this qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee recalls that the above provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. It hopes that the Government will indicate the measures that it has taken or is envisaging to give effect to this provision of the Convention. 2. Regulation 161 of the Pension Regulations of 1981 provides that pensions or other monetary benefits may be transferred to beneficiaries resident abroad subject, where appropriate, to the agreements to which the Libyan Arab Jamahiriya is a party. The Committee recalls that, in accordance with Article 5 of the Convention (read in conjunction with Article 10), each Member which has ratified the Convention must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors' benefits, death grants and employment injury pensions. The Committee considers that the strict application of Article 5 of the Convention is all the more necessary in the light of the mass expulsions which have taken place in the past of foreign workers from the national territory. It hopes that the Government will indicate in its next report the measures which have been taken or are envisaged to give effect to this basic provision of the Convention in both law and practice.

TEXT Finally, recalling that the Conference Committee has expressed profound regret that, up to now, the Government had still not taken up the offer of technical assistance repeated to it by the ILO on numerous occasions, the Committee would like once again to remind the Government that the ILO is available to provide it with the technical assistance in the field of social security necessary to facilitate the application of the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received for the sixth consecutive time. It must therefore repeat its previous observation which read as follows:

Article 21 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article of the Convention.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to the comments which it has been making for a number of years, the Committee notes with regret that the Government's report has not been received for the fourth consecutive time. It recalls that the Government's last report did not contain the information which has been requested on several occasions on the manner in which effect is given to Part V, Article 29 of the Convention (Review of cash benefits currently payable), which provides that the rates of cash benefits currently payable pursuant to Article 10 (Invalidity benefit), Article 17 (Old-age benefit) and Article 23 (Survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this respect, the Committee recalls its general observations made in 1989 with respect to Conventions Nos. 102 and 128, in which it considered, in particular, that, given the effects of inflation on the general level of earnings and increases in the cost of living, the revision of the level of long-term benefits should receive the Government's particular attention. The Committee therefore once again requests the Government to make every effort to ensure the application of Article 29 and to supply the statistics called for under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

I. The Committee notes with regret that the Government's report does not contain a reply to its previous comments. It hopes that the next report will contain full information on the following matters raised in its previous direct request:

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48, of the Convention. The Committee notes that the Government's report does not contain the statistical information that it requested previously concerning the scope of each of the above contingencies, which is necessary so that it can assess the manner in which the Convention is applied in practice. It therefore requests the Government to supply the statistical information requested in the report form under Title I of Article 76, with an indication, for example, of the number of employees actually covered by the social security scheme in relation to the total number of employees.

2. Part II (Medical care). (a) Article 10, paragraph 2. The Committee requests the Government to supply the text of the legal provisions determining the nature of the medical care which is provided in the event of illness and to indicate whether it includes hospitalization where necessary.

(b) Article 11. The Committee once again requests the Government to indicate whether a qualifying period is required for entitlement to medical care and, if so, its duration and the rules used to calculate it, taking into account the provisions of section 35 of Act No. 13 of 1980.

(c) Article 12. The Committee once again requests the Government to supply the texts of the regulations issued under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). The Committee requests the Government to indicate whether a qualifying period is required for entitlement to medical care in the event of maternity and, if so, its duration and the rules used for calculating it, taking into account the provisions of section 35 of Act No. 13 of 1980.

4. Part XIII (Common provisions). (a) Article 71, paragraphs 1 and 2. The Committee once again requests the Government to provide the information requested in the report form for this Article of the Convention, with an indication, for each of the Parts of the Convention which have been accepted, of the total resources allocated to the protection of employees, their wives and children, and the total of the insurance contributions borne by the employees protected.

(b) Article 71, paragraph 3, and Article 72, paragraph 2. The Committee requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are carried out periodically and, if so, to forward the results of these studies.

II. Part VIII (Maternity benefit), Article 50. With reference to its previous comments, the Committee notes with regret that the Government's report only repeats the information that was provided in June 1995 and still does not provide the statistical data requested, nor does it state whether recourse is made to Article 65 or Article 66 for the calculation of maternity benefit. However, the Government confirms that the above benefits are calculated on the basis of the overall monthly income taken into account for the calculation of contributions, which includes not only basic pay but also housing, family and other allowances and indemnities subject to insurance contributions. In this situation, the Committee requests the Government once again to indicate whether a ceiling is prescribed for the amount of the overall monthly income taken into account for the calculation of the benefit and to supply the texts of the applicable provisions. Please also provide the statistical information requested under Article 65 of the Convention, with an indication, if a ceiling is prescribed for the income taken into account for the calculation of maternity benefit, or for the level of the benefit itself, of the wage of a skilled manual male employee selected in accordance with paragraphs 6 and 7 of Article 65.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. The Committee again asks the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, which provides that the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)), in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Tunisia, Uruguay Viet Nam.)

Article 7. In previous comments the Committee noted that the National Commission for the Study of International Labour Conventions and Recommendations had recommended that the competent authorities should take into consideration the Committee's observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and with Tunisia in particular. It therefore hopes that in its next report the Government will be able to state what efforts have been made to improve the application of Article 7 of the Convention on the following points:

(a) Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expresses the hope that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition in accordance with Article 7 of the Convention.

(b) The Committee points out that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights an that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take account of the above comments when concluding any new bilateral or multilateral social security agreements with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received for the fifth consecutive time. It hopes that a report will be supplied for examination by the Committee at it next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death, (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational disease contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. in view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comment, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which are provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the social security Act, No. 13 of 1980, and the decision of the People's General Committee respecting Social Security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Part IV (Unemployment benefit) of the Convention. The Committee notes with regret that the Government's report received in 1997 only reproduces the information provided previously and adds no new element allowing it to assess developments in the situation. In these circumstances, the Committee wishes to recall that the unemployment benefit paid by the employer cannot be considered as sufficient to give effect to Part IV of the Convention, which has to be implemented by a system of social security organized and financed in accordance with Articles 71 and 72 of the Convention. The Committee therefore hopes that the Government will not fail to re-examine the situation and to take all the necessary measures, in both law and in practice, to establish an unemployment protection system in accordance with the Convention.

2. Part VII (Family benefit). The Committee notes with regret that the Government's report contains no new information on this subject in reply to its previous observation. It is therefore bound to recall that section 24 of the Social Security Act provides for the provision of family allowances to pensioners only whereas, in accordance with Article 41 of the Convention, the persons protected shall comprise: (a) prescribed classes of employees, constituting not less than 50 per cent of employees; or (b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or (c) all residents whose means during the contingency do not exceed prescribed limits. The Committee once again hopes that the Government will be able to re-examine the situation so as to include in the Libyan social security scheme measures relating to family benefit in order to ensure that full effect is given to Part VII of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

I. Article 3, paragraph 1, of the Convention (read in conjunction with Article 10)

(a) In its previous observations, the Committee noted that section 38(b) of the Social Security Act No. 13 of 1980 and Regulations 28 to 33 of the Pension Regulations of 1981 provide that non-Libyan residents receive only a lump sum in the event of premature termination of work, whereas nationals are guaranteed, under section 38(a) of Act No. 13, the maintenance of their wages or remuneration. The Committee emphasized that this difference in treatment between Libyan nationals and foreign workers in the event of the premature termination of their work is contrary to the principle of equality set out in this provision of the Convention and it drew the Government's attention to the need to eliminate this distinction in law and in practice. In this respect, the Committee notes with regret that the Government's latest report only repeats the information provided in 1995 and does not refer to any change in the situation, which therefore remains contrary to the provisions of the Convention. In these circumstances, the Committee is bound once again to express the hope that the Government will not fail to reconsider the situation and take all the necessary measures to give full effect to the Convention on this point.

(b) The Committee also notes with regret that the Government's latest report also repeats word for word the information provided in 1995 with regard to the matters raised in its previous observations concerning the application of sections 5(c) and 8(b) of the above Act No. 13. In this situation, the Committee is bound to recall that where the subscription of nationals to the social security scheme is compulsory, as in the Libyan Arab Jamahiriya, the subscription of certain categories of foreign workers to the social security scheme on a voluntary basis only is contrary to the principle of equality of treatment as provided by the Convention (subject to any agreement drawn up between the Members concerned under Article 9 of the Convention). The Committee hopes once again that the Government will take the necessary measures in the very near future to bring the legislation into conformity with the Convention on this point.

II. Furthermore, the Committee notes with regret that the Government's report does not contain any information in reply to the other matters raised in its previous observations. It is therefore bound to draw the Government's attention once again to these matters.

1. Under the terms of Regulation 16, paragraphs 2 and 3, and Regulation 95, paragraph 3, of the Pensions Regulations of 1981, and without prejudice to special social security agreements, non-nationals who have not completed a period of ten years' contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, Regulation 174, paragraph 2, of the above Regulations seems to imply a contrario that this qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee recalls that the above provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. It hopes that the Government will indicate the measures that it has taken or is envisaging to give effect to this provision of the Convention.

2. Regulation 161 of the Pension Regulations of 1981 provides that pensions or other monetary benefits may be transferred to beneficiaries resident abroad subject, where appropriate, to the agreements to which the Libyan Arab Jamahiriya is a party. The Committee recalls that, in accordance with Article 5 of the Convention (read in conjunction with Article 10), each Member which has ratified the Convention must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors' benefits, death grants and employment injury pensions. The Committee considers that the strict application of Article 5 of the Convention is all the more necessary in the light of the mass expulsions which have taken place in the past of foreign workers from the national territory. It hopes that the Government will indicate in its next report the measures which have been taken or are envisaged to give effect to this basic provision of the Convention in both law and practice.

The Committee hopes that the Government will make every effort to take the necessary measures in the near future. It draws the Government's attention to the possibility of requesting technical assistance from the Office.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received for the fifth consecutive time. It must therefore repeat its previous observation which read as follows:

Article 21 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received for the third consecutive time. It recalls that the Government's previous report did not contain the information which has been requested on several occasions on the manner in which effect is given to Part V, Article 29 of the Convention (review of cash benefits currently payable), which provides that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this respect, the Committee recalls its general observations made in 1989 with respect to Conventions Nos. 102 and 128, in which it considered, in particular, that, given the effects of inflation on the general level of earnings and increases in the cost of living, the revision of the level of long-term benefits should receive the Government's particular attention. The Committee therefore once again requests the Government to make every effort to ensure the application of Article 29 and to supply the statistics called for under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received for the fourth consecutive time. It hopes that a report will be supplied for examination by the Committee at it next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death, (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational disease contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. in view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comment, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which are provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the social security Act, No. 13 of 1980, and the decision of the People's General Committee respecting Social Security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received for the fourth consecutive time. It must therefore repeat its previous observation which read as follows:

Article 21 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received for the second consecutive time. It recalls that the Government's previous report did not contain the information which has been requested on several occasions on the manner in which effect is given to Part V, Article 29 of the Convention (review of cash benefits currently payable), which provides that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this respect, the Committee recalls its general observations made in 1989 with respect to Conventions Nos. 102 and 128, in which it considered that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the level of long-term benefits should receive governments' particular attention in the current context of the general economic situation. The Committee therefore once again requests the Government to make every endeavour to ensure the application of Article 29 above and to supply the statistics called for under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

I. The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. In reply to the Committee's previous comments concerning the determination of the scope of each of the above contingencies, the Government states that social security covers all workers, trainees and self-employed workers in all economic activities. The Committee takes due note of this information. However, it notes that the Government's report does not contain the statistical information which it requested previously and which is necessary to assess the manner in which the Convention is applied in practice. It therefore requests it to supply the statistics relating to the scope of its application requested in the report form under Title I of Article 76, with an indication, for example, of the number of employees actually covered by the social security scheme in relation to the total number of employees.

2. Part II (Medical care). (a) Article 10, paragraph 1. In reply to the Committee's previous comments, the Government states that specialist care is provided free of charge in the event of accidents and serious illnesses. It adds that home visits are envisaged with minimal fees and that medicaments are provided free of charge. The Committee notes this information with interest. It requests the Government to supply the text of the legal provisions which are applicable and to state whether medical care includes hospitalization where necessary.

(b) Article 11. With reference to its previous comments, the Committee notes the information supplied by the Government concerning the qualifying period for entitlement to cash benefits. It once again requests the Government to indicate whether a qualifying period is also required for entitlement to medical care and, if so, its duration and the rules used to calculate it, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) Article 12. The Committee notes with interest that medical care is provided without any limits on its duration until the patient is cured. It once again requests the Government to supply the text of the regulations issued under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). With reference to its previous comments, the Committee notes that maternity cash benefits are subject to a qualifying period of four months of contributions during the six months prior to the contingency. It requests the Government to state whether a qualifying period is also required for entitlement to medical benefits in the event of maternity and, if so, its duration and the rules used for calculating it, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

4. Part XIII (Common provisions). (a) Article 71, paragraphs 1 and 2. With reference to its previous comments, the Committee notes the information supplied by the Government and particularly Act No. 1 of 1991 to establish certain social security measures. It once again requests the Government to supply the information requested in the report form on this Article of the Convention, with an indication, for each of the Parts of the Convention for which the provisions have been accepted, of the total resources allocated to the protection of employees, their wives and their children, and the total insurance contributions borne by the employees protected.

(b) Article 71, paragraph 3, and Article 72, paragraph 2. With reference to its previous comments, the Committee notes Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to forward the results of these studies.

II. Part VIII (Maternity benefit), Article 50. With reference to its previous comments, the Committee notes that the Government's reply communicated in June 1995 still does not contain the statistics requested, nor does it state whether recourse is made to Article 65 or Article 66 of the Convention for the calculation of maternity benefit. The Government confirms however that the above benefits are calculated on the basis of the overall monthly income taken into account for the calculation of contributions which includes not only basic pay but also housing, family and other allowances and indemnities subject to insurance contributions. In this situation, the Committee requests the Government to indicate the rules which are used for calculating this overall monthly income, with an indication of whether a ceiling has been established. Please supply the text of the applicable provisions.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. The Committee again asks the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, which provides that the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)), in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Tunisia, Uruguay and Viet Nam.)

Article 7. In its previous comments the Committee noted that the National Commission for the Study of International Labour Conventions and Recommendations had recommended that the competent authorities should take into consideration the Committee's observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and with Tunisia in particular. It therefore hopes that in its next report the Government will be able to state what efforts have been made to improve the application of Article 7 of the Convention on the following points:

(a) Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expresses the hope that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition in accordance with Article 7 of the Convention.

(b) The Committee points out that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take account of the above comments when concluding any new bilateral or multilateral social security agreements with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received for the third consecutive time. It hopes that a report will be supplied for examination by the Committee at it next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death, (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational disease contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. in view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comment, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which are provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the social security Act, No. 13 of 1980, and the decision of the People's General Committee respecting Social Security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination at its next session and that it will contain full information on the following points:

With regard to Part IV (Unemployment benefit) of the Convention, the Committee notes the information supplied by the Government in June 1995 in reply to its previous observation. Referring to section 38 of the Social Security Act of 1980 and Decision No. 303 of 1988, which set out rules governing the provision of cash unemployment benefits, the Government confirms that where a contributor's work or service is terminated without him being entitled to a pension, he shall continue to receive his previous salary until he finds another job, subject to such limits and in accordance with such conditions and rules as may be prescribed for this purpose. It further states that the Social Security Fund has not paid unemployment benefits up to now because it has not yet imposed the contributions to cover unemployment, such a measure requiring amendment of the insurance legislation currently in force. The Government adds that there is virtually no unemployment in the country, but that it is endeavouring to establish the necessary rules to apply Part IV of the Convention. The Committee wishes to recall in this respect that the unemployment benefits which are payable by the employer cannot be considered as sufficient to give effect to Part IV of the Convention, which has to be implemented by a system of social security organized and financed in accordance with Articles 71 and 72 of the Convention. It therefore hopes that the Government will be able to take the necessary measures, in law and in practice, in order to establish an unemployment social security scheme in accordance with the Convention. It asks the Government to indicate the progress made in this respect in its next report.

With regard to Part VII (Family benefit), the Committee recalls that section 24 of the Social Security Act only covers the provision of family allowances to pensioners whereas, according to Article 41 of the Convention, the persons protected shall comprise: (a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or (b) prescribed classes of all the economically active population, constituting not less than 20 per cent of all residents; or (c) all residents whose means during the contingency do not exceed prescribed limits. It once again hopes that the Government will be able to re-examine the situation so as to include in the Libyan social security scheme measures relating to family allowances in order to ensure that full effect is given to Part VII of the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

I. Article 3, paragraph 1, of the Convention (also in conjunction with Article 10). 1. Referring to its previous comments which it has been raising for several years, and to the discussion at the Conference Committee in June 1992, the Committee notes the information supplied by the Government in its report. It draws the Government's attention to the following points: (a) In its previous observations, the Committee noted that section 38(b) of the Social Security Act No. 13 of 1980 and regulations 28 to 33 of the Pension Regulations of 1981 specify that non-Libyan residents receive only a lump sum in the event of premature termination of work, whereas nationals are guaranteed, under section 38(a) of Act No. 13, maintenance of their wages or remuneration. It pointed out that this distinction is contrary to the provisions of the Convention. In its reply the Government explains that, unless the period of payment of contributions is counted as a contributory period under a social security agreement between the Government and the State of which the contributor is a national, the contributor is entitled only to a lump sum payment, in view of the fact that the foreign worker's residency permit is linked to his contract of employment and that he or she must leave the country upon termination of the contract. The Committee notes this information. It again emphasizes the importance of eliminating the distinction between nationals and non-Libyan workers in the case of premature termination of work. The Committee expresses its hope that the Government will take all necessary measures to do so in the near future. (b) The Government states in its report that section 5(c) of the Social Security Act permits foreign employees working for public administrations to choose whether to contribute to the social security scheme because they enjoy many contractual benefits which are more advantageous than social security benefits. Furthermore, section 8(b) of the Social Security Act, concerning non-Libyan self-employed workers, establishes only voluntary contributions, unless an agreement has been concluded with the contributor's country of nationality, because most of the persons in this category are not residents in the Libyan Arab Jamahiriya and contribute to social security in their home countries. The Committee notes this information. It again recalls that where the affiliation of nationals to the social security scheme is compulsory, as in the Libyan Arab Jamahiriya, affiliation of certain categories of foreign workers to the social security scheme on a voluntary basis only is contrary to the principle of equality of treatment as provided by the Convention (subject to any agreement drawn between the Members concerned under Article 9). The Committee hopes once again that the Government will take the necessary measures in the very near future to bring the legislation into conformity with the Convention on this point. 2. The Committee notes that the Government's report does not contain any information in reply to the previous observation concerning regulation 16, paragraphs 2 and 3, and regulation 95, paragraph 3, of the Pensions Regulations of 1981. These regulations provide that (without prejudice to special social security agreements) non-nationals who have not completed a period of ten years' contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, regulation 174, paragraph 2, of these Regulations seems to imply a contrario that the qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee points out again that the above-mentioned provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. It hopes that the Government will not fail to indicate the measures taken or contemplated to ensure the application of this provision of the Convention. II. The Committee notes that the Government's report does not contain any information in reply to its previous comments concerning Article 5 of the Convention. It recalls that regulation 161 of the 1981 Pension Regulations provides that pensions or other monetary benefits may be transferred to beneficiaries resident abroad without prejudice, where appropriate, in accordance with agreements to which the Libyan Arab Jamahiriya is a party. The Committee points out again that under this provision of the Convention each Member that has ratified it must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors' benefits, death grants and employment injury pensions. The Committee considers that the strict application of Article 5 of the Convention is all the more necessary in light of the recent mass expulsions of foreign workers from the national territory. It trusts that the Government will not fail to indicate in its next report the measures taken or envisaged to give effect in law and in practice to this basic provision of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future. It draws the Government's attention to the availability of technical assistance from the Office.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received for the third consecutive time. It must therefore repeat its previous observation which read as follows:

Article 21 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It recalls that the Government's previous report did not contain the information which has been requested on several occasions on the manner in which effect is given to Part V, Article 29 of the Convention (review of cash benefits currently payable), which provides that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this respect, the Committee recalls its general observations made in 1989 with respect to Conventions Nos. 102 and 128, in which it considered that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the level of long-term benefits should receive governments' particular attention in the current context of the general economic situation. The Committee therefore once again requests the Government to make every endeavour to ensure the application of Article 29 above and to supply the statistics called for under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report contains no information on the points raised in the previous direct request. It again hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. The Committee again asks the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, which provides that the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)), in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Tunisia, Uruguay and Viet Nam.)

Article 7. In its previous comments the Committee noted that the National Commission for the Study of International Labour Conventions and Recommendations had recommended that the competent authorities should take into consideration the Committee's observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and with Tunisia in particular. It therefore hopes that in its next report the Government will be able to state what efforts have been made to improve the application of Article 7 of the Convention on the following points:

(a) Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expresses the hope that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition in accordance with Article 7 of the Convention.

(b) The Committee points out that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take account of the above comments when concluding any new bilateral or multilateral social security agreements with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received for the second consecutive time. It hopes that a report will be supplied for examination by the Committee at it next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulations on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death, (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational disease contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. in view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article), or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comment, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which are provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the social security Act, No. 13 of 1980, and the decision of the People's General Committee respecting Social Security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that, for the second consecutive year, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. The Committee again asks the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, which provides that the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)), in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Tunisia, Uruguay and Viet Nam.)

Article 7. In its previous comments the Committee noted that the National Commission for the Study of International Labour Conventions and Recommendations had recommended that the competent authorities should take into consideration the Committee's observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and with Tunisia in particular. It therefore hopes that in its next report the Government will be able to state what efforts have been made to improve the application of Article 7 of the Convention on the following points:

(a) Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expresses the hope that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition in accordance with Article 7 of the Convention.

(b) The Committee points out that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take account of the above comments when concluding any new bilateral or multilateral social security agreements with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulation on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation. The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational diseases contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comments, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which were provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the Social Security Act, No. 13 of 1980, and the decision of the People's General Committee respecting social security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

I. Article 3, paragraph 1, of the Convention (also in conjunction with Article 10).

1. Referring to its previous comments which it has been raising for several years, and to the discussion at the Conference Committee in June 1992, the Committee notes the information supplied by the Government in its report. It draws the Government's attention to the following points:

(a) In its previous observations, the Committee noted that section 38(b) of the Social Security Act No. 13 of 1980 and regulations 28 to 33 of the Pension Regulations of 1981 specify that non-Libyan residents receive only a lump sum in the event of premature termination of work, whereas nationals are guaranteed, under section 38(a) of Act No. 13, maintenance of their wages or remuneration. It pointed out that this distinction is contrary to the provisions of the Convention. In its reply the Government explains that, unless the period of payment of contributions is counted as a contributory period under a social security agreement between the Government and the State of which the contributor is a national, the contributor is entitled only to a lump sum payment, in view of the fact that the foreign worker's residency permit is linked to his contract of employment and that he or she must leave the country upon termination of the contract. The Committee notes this information. It again emphasizes the importance of eliminating the distinction between nationals and non-Libyan workers in the case of premature termination of work. The Committee expresses its hope that the Government will take all necessary measures to do so in the near future.

(b) The Government states in its report that section 5(c) of the Social Security Act permits foreign employees working for public administrations to choose whether to contribute to the social security scheme because they enjoy many contractual benefits which are more advantageous than social security benefits. Furthermore, section 8(b) of the Social Security Act, concerning non-Libyan self-employed workers, establishes only voluntary contributions, unless an agreement has been concluded with the contributor's country of nationality, because most of the persons in this category are not residents in the Libyan Arab Jamahiriya and contribute to social security in their home countries.

The Committee notes this information. It again recalls that where the affiliation of nationals to the social security scheme is compulsory, as in the Libyan Arab Jamahiriya, affiliation of certain categories of foreign workers to the social security scheme on a voluntary basis only is contrary to the principle of equality of treatment as provided by the Convention (subject to any agreement drawn between the Members concerned under Article 9). The Committee hopes once again that the Government will take the necessary measures in the very near future to bring the legislation into conformity with the Convention on this point.

2. The Committee notes that the Government's report does not contain any information in reply to the previous observation concerning regulation 16, paragraphs 2 and 3, and regulation 95, paragraph 3, of the Pensions Regulations of 1981. These regulations provide that (without prejudice to special social security agreements) non-nationals who have not completed a period of ten years' contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, regulation 174, paragraph 2, of these Regulations seems to imply a contrario that the qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee points out again that the above-mentioned provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. It hopes that the Government will not fail to indicate the measures taken or contemplated to ensure the application of this provision of the Convention.

II. The Committee notes that the Government's report does not contain any information in reply to its previous comments concerning Article 5 of the Convention. It recalls that regulation 161 of the 1981 Pension Regulations provides that pensions or other monetary benefits may be transferred to beneficiaries resident abroad without prejudice, where appropriate, in accordance with agreements to which the Libyan Arab Jamahiriya is a party. The Committee points out again that under this provision of the Convention each Member that has ratified it must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors' benefits, death grants and employment injury pensions. The Committee considers that the strict application of Article 5 of the Convention is all the more necessary in light of the recent mass expulsions of foreign workers from the national territory. It trusts that the Government will not fail to indicate in its next report the measures taken or envisaged to give effect in law and in practice to this basic provision of the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received for the second consecutive time. It must therefore repeat its previous observation which read as follows:

Article 21 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that, for the second consecutive year, the Government's report on the application of this Convention, which has been the subject of discussion in the Conference Committee in June 1992, has not been received. In this situation the Committee cannot but once again urge the Government to take all the necessary measures, in accordance with its earlier assurances, to ensure full application of the Convention on the following points:

1. Article 3, paragraph 1, of the Convention (also in conjunction with Article 10).

(a) Under section 38(b) of Social Security Act No. 13 of 1980 and regulations 28 to 33 of the Pension Regulations of 1981, non-Libyan residents receive only a lump sum in the event of premature termination of work whereas nationals are guaranteed, under clause (a) of section 38 of Act No. 13, maintenance of their wages or remuneration, which is contrary to this provision of the Convention. The Committee asks the Government to indicate the measures taken or envisaged to amend the above provisions in order to ensure for nationals of States for which the Convention is in force (and for refugees and stateless persons) the same benefits as nationals in case of premature termination of work.

(b) Under regulations 5 and 8 of the Regulations concerning registration, contributions and inspection issued under Social Security Act No. 13 of 1980, the affiliation of non-Libyan officials and self-employed workers to the social security scheme is voluntary unless there is an agreement with the country of which these workers are nationals. The Committee again draws the Government's attention to the fact that where, as in the Libyan Arab Jamahiriya, the affiliation of nationals to the social security scheme is compulsory, the voluntary affiliation of certain categories of foreign workers to the social security scheme is contrary to the principle of equality of treatment laid down in Article 3, paragraph 1 (subject to the exceptions provided for in Article 10, paragraph 2). The Committee asks the Government to indicate the measures taken or contemplated to ensure for these categories of foreigners, when they are nationals of a State for which the Convention is in force, and also for refugees and stateless persons, compulsory affiliation to the social security scheme.

(c) Under regulation 16, paragraphs 2 and 3, and regulation 95, paragraph 3, of the Pensions Regulations of 1981, non-national contributors, without prejudice to special social security agreements, who have not completed a period of ten years' contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, regulation 174, paragraph 2, of these Regulations seems to imply a contrario that the qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee points out that the above-mentioned provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. The Committee accordingly requests the Government to indicate the measures taken or contemplated to ensure the application of this provision of the Convention on this point as well.

2. Article 5. Regulation 161 of the 1981 Pension Regulations provides that pensions or other monetary benefits may be transferred to beneficiaries resident abroad without prejudice, where appropriate, to agreements to which the Libyan Arab Jamahiriya is a party. The Committee points out that, by virtue of this provision of the Convention, each Member that has ratified it must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors' benefits and death grants, and also employment injury pensions. The Committee requests the Government to indicate in its next report the measures taken or envisaged to give effect in law and practice to this basic provision of the Convention.

The Committee hopes that the Government's next report will contain detailed information on the progress made in ensuring full application of the above-mentioned provisions of the Convention.

In addition the Committee draws the Government's attention to certain points which it is raising in a direct request.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. In reply to the Committee's previous comments concerning the determination of the scope of each of the above contingencies, the Government states that social security covers all workers, trainees and self-employed workers in all economic activities. The Committee takes due note of this information. However, it notes that the Government's report does not contain the statistical information which it requested previously and which is necessary to assess the manner in which the Convention is applied in practice. It therefore requests it to supply the statistics relating to the scope of its application requested in the report form under Title I of Article 76, with an indication, for example, of the number of employees actually covered by the social security scheme in relation to the total number of employees.

2. Part II (Medical care). (a) Article 10, paragraph 1. In reply to the Committee's previous comments, the Government states that specialist care is provided free of charge in the event of accidents and serious illnesses. It adds that home visits are envisaged with minimal fees and that medicaments are provided free of charge. The Committee notes this information with interest. It requests the Government to supply the text of the legal provisions which are applicable and to state whether medical care includes hospitalization where necessary.

(b) Article 11. With reference to its previous comments, the Committee notes the information supplied by the Government concerning the qualifying period for entitlement to cash benefits. It once again requests the Government to indicate whether a qualifying period is also required for entitlement to medical care and, if so, its duration and the rules used to calculate it, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) Article 12. The Committee notes with interest that medical care is provided without any limits on its duration until the patient is cured. It once again requests the Government to supply the text of the regulations issued under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). (a) Article 50. With reference to its previous comments, the Committee notes that the Government has not supplied the statistics requested, nor does it state whether it has recourse to Article 65 or Article 66 for the calculation of maternity benefit. However, since, according to the Government's report, the above benefits are calculated on the basis of the overall monthly income taken into account for the calculation of contributions, the Committee requests the Government to indicate the rules which are used for calculating this overall monthly income, with an indication of whether a ceiling has been established. Please supply the text of the applicable provisions.

(b) With reference to its previous comments, the Committee notes that maternity cash benefits are subject to a qualifying period of four months of contributions during the six months prior to the contingency. It requests the Government to state whether a qualifying period is also required for entitlement to medical benefits in the event of maternity and, if so, its duration and the rules used for calculating it, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) With reference to its previous comments, the Committee notes Decision No. 408 of 1982 of the People's General Committee to establish rules governing short-term allowances for self-employed workers, of which section 8 fixes the duration of maternity benefits at three months.

4. Part XIII (Common provisions). (a) Article 71, paragraphs 1 and 2. With reference to its previous comments, the Committee notes the information supplied by the Government and particularly Act No. 1 of 1991 to establish certain social security measures. It once again requests the Government to supply the information requested in the report form on this Article of the Convention, with an indication, for each of the Parts of the Convention for which the provisions have been accepted, of the total resources allocated to the protection of employees, their wives and their children, and the total insurance contributions borne by the employees protected.

(b) Article 71, paragraph 3, and Article 72, paragraph 2. With reference to its previous comments, the Committee notes Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to forward the results of these studies.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. The Committee again asks the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, which provides that the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)), in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Tunisia, Uruguay and Viet Nam.)

Article 7. In its previous comments the Committee noted that the National Commission for the Study of International Labour Conventions and Recommendations had recommended that the competent authorities should take into consideration the Committee's observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and with Tunisia in particular. It therefore hopes that in its next report the Government will be able to state what efforts have been made to improve the application of Article 7 of the Convention on the following points:

(a) Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expresses the hope that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition in accordance with Article 7 of the Convention.

(b) The Committee points out that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take account of the above comments when concluding any new bilateral or multilateral social security agreements with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulation on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation. The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational diseases contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comments, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which were provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the Social Security Act, No. 13 of 1980, and the decision of the People's General Committee respecting social security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

In its previous report, the Government stated that the National Committee for the Examination of International Labour Conventions and Recommendations, established by Decision No. 72 of 1985, as amended, recommended the introduction of provisions concerning Part IV (Unemployment benefit) and Part VII (Family benefit) of the Convention into the national social security scheme, unless the decision was taken to denounce the above Parts of the Convention.

With regard to Part IV, the Government states that section 38 of the Social Security Act of 1980 and Decision No. 303 of 1988 of the People's General Committee to set forth the rules governing the cash benefits provided in the event of unemployment, cover the provisions of the Convention. Having examined the text of the above Decision, the Committee notes that the unemployment benefits which are provided in certain circumstances are payable by the employer and cannot therefore give effect to Part IV of the Convention, which has to be implemented by a system of social security organized and financed in accordance with Articles 71 and 72 of the Convention. The Committee draws the Government's attention in particular to Article 71, paragraph 1, which provides that the cost of the benefits provided in compliance with this Convention and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both.

With regard to Part VII, the Government refers to section 24 of the Social Security Act and certain provisions issued thereunder. The Committee recalls in this respect that section 24 of the Social Security Act only covers the provision of family allowances to pensioners whereas, according to Article 41 of the Convention, the persons protected shall comprise: (a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or (b) prescribed classes of all the economically active population, constituting not less than 20 per cent of all residents; or (c) all residents whose means during the contingency do not exceed prescribed limits.

The Committee hopes that the Government will be able to re-examine the situation in view of the above comments and to state in its next report the measures which have been taken or are envisaged to include in the Libyan social security scheme measures relating to unemployment benefit and family allowances in order to ensure that full effect is given to Part IV (Unemployment benefit) and Part VII (Family benefit), in accordance with the recommendations of the National Committee for the Examination of International Labour Conventions and Recommendations. It requests the Government to indicate in its next report the progress achieved in this respect.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report on the application of this Convention, which has been the subject of discussion in the Conference Committee in June 1992, has not been received. In this situation the Committee cannot but once again urge the Government to take all the necessary measures, in accordance with the assurances it gave in its previous report, to ensure full application of the Convention on the following points:

1. Article 3, paragraph 1, of the Convention (also in conjunction with Article 10).

(a) Under section 38(b) of Social Security Act No. 13 of 1980 and regulations 28 to 33 of the Pension Regulations of 1981, non-Libyan residents receive only a lump sum in the event of premature termination of work whereas nationals are guaranteed, under clause (a) of section 38 of Act No. 13, maintenance of their wages or remuneration, which is contrary to this provision of the Convention. The Committee asks the Government to indicate the measures taken or envisaged to amend the above provisions in order to ensure for nationals of States for which the Convention is in force (and for refugees and stateless persons) the same benefits as nationals in case of premature termination of work.

(b) Under regulations 5 and 8 of the Regulations concerning registration, contributions and inspection issued under Social Security Act No. 13 of 1980, the affiliation of non-Libyan officials and self-employed workers to the social security scheme is voluntary unless there is an agreement with the country of which these workers are nationals. The Committee again draws the Government's attention to the fact that where, as in the Libyan Arab Jamahiriya, the affiliation of nationals to the social security scheme is compulsory, the voluntary affiliation of certain categories of foreign workers to the social security scheme is contrary to the principle of equality of treatment laid down in Article 3, paragraph 1 (subject to the exceptions provided for in Article 10, paragraph 2). The Committee asks the Government to indicate the measures taken or contemplated to ensure for these categories of foreigners, when they are nationals of a State for which the Convention is in force, and also for refugees and stateless persons, compulsory affiliation to the social security scheme.

(c) Under regulation 16, paragraphs 2 and 3, and regulation 95, paragraph 3, of the Pensions Regulations of 1981, non-national contributors, without prejudice to special social security agreements, who have not completed a period of ten years' contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, regulation 174, paragraph 2, of these Regulations seems to imply a contrario that the qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee points out that the above-mentioned provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. The Committee accordingly requests the Government to indicate the measures taken or contemplated to ensure the application of this provision of the Convention on this point as well.

2. Article 5. Regulation 161 of the 1981 Pension Regulations provides that pensions or other monetary benefits may be transferred to beneficiaries resident abroad without prejudice, where appropriate, to agreements to which the Libyan Arab Jamahiriya is a party. The Committee points out that, by virtue of this provision of the Convention, each Member that has ratified it must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors' benefits and death grants, and also employment injury pensions. The Committee requests the Government to indicate in its next report the measures taken or envisaged to give effect in law and practice to this basic provision of the Convention.

The Committee hopes that the Government's next report will contain detailed information on the progress made in ensuring full application of the above-mentioned provisions of the Convention.

In addition the Committee draws the Government's attention to certain points which it is raising in a direct request.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 21 of the Convention. With reference to its previous comments, the Committee notes with interest the Government's statement that, in accordance with sections 28 and 34 of the Social Security Act, No. 13 of 1980, the level of cash benefits currently payable for long-term benefits is reviewed following substantial changes in the cost of living or wage levels. It notes, however, that the Government's report does not contain the statistics requested in order to assess the manner in which this Article of the Convention is applied in practice. It therefore once again requests the Government to supply the statistics called for in the report form under this Article of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report. It notes that the report does not contain the information which has been requested on several occasions on the manner in which effect is given to Part V, Article 29 of the Convention (Review of cash benefits currently payable), which provides that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this respect, the Committee recalls its general observations made in 1989 with respect to Conventions Nos. 102 and 128, in which it considered that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the level of long-term benefits should receive governments' particular attention in the current context of the general economic situation. The Committee therefore once again requests the Government to make every endeavour to ensure the application of Article 29 above and to supply the statistics called for under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government's next report will also contain a detailed reply to the questions which it has been raising for many years and which it is recalling in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee wishes to draw the Government's attention and to receive additional information on the following points:

1. Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48 of the Convention. The Committee requests the Government: (a) to indicate which one of the formulas contained in the various paragraphs of the above Articles of the Convention is used to determine the scope of each of the above contingencies, and (b) to supply the corresponding statistics requested in the report form adopted by the Governing Body of the ILO for this Convention under Article 76 (Titles I, II and III, according to the clause which is used).

2. Part II (Medical care). (a) Article 10, paragraph 1. Please describe in detail the different types of medical care listed in section 30 of Act No. 13 of 1980 concerning social security, particularly in respect of sickness and maternity.

(b) Article 11. Please indicate whether any qualifying period is required of insured persons for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of the above Act.

(c) Article 12. Please indicate whether a limit has been set for the period during which the various kinds of medical benefit are granted and, if so, please specify this limit.

(d) Please supply the text of any regulations adopted under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). (a) Article 50. Please indicate whether Article 65 or Article 66 of the Convention is used for the calculation of maternity benefit and please supply the statistics requested in the report form adopted by the Governing Body for this Convention under Titles I and V of the Article selected (particularly the wage of a skilled male manual worker, in the case of Article 65, or the wage of an ordinary adult male labourer, in the case of Article 66).

(b) Please indicate whether any qualifying period is required for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) Please supply the texts of the regulations issued under section 25, paragraph 2 (other contributors), of Act No. 13 of 1980.

4. Part XIII (Common provisions). (a) Article 71, paragraphs 1 and 2. Please state how effect is given to these provisions of the Convention concerning the financing of benefits, providing, in particular, the information required by the report form under this Article of the Convention.

5. (b) Article 71, paragraph 3, and Article 72, paragraph 2. Please provide information on the organisation and operation, in practice, of the Libyan social security system, and, in particular, on the measures taken, if any, to ensure the co-ordination and supervision of the activities of the local people's social security committees set up under section 5 of Act No. 13 of 1980 respecting social security.

6. Please supply the texts of regulations and decisions adopted under section 35 of Act No. 13 of 1980.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 6 of the Convention. The Committee again asks the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, which provides that the grant of family allowances shall be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch (branch (i)), in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (So far, in addition to the Libyan Arab Jamahiriya, the following States have accepted branch (i): Bolivia, Cape Verde, Central African Republic, France, Guinea, Ireland, Israel, Italy, Mauritania, Netherlands, Norway, Tunisia, Uruguay and Viet Nam.)

Article 7. In its previous comments the Committee noted that the National Commission for the Study of International Labour Conventions and Recommendations had recommended that the competent authorities should take into consideration the Committee's observations concerning the bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey and with Tunisia in particular. It therefore hopes that in its next report the Government will be able to state what efforts have been made to improve the application of Article 7 of the Convention on the following points:

(a) Since no agreement has been entered into with the Syrian Arab Republic, which has also ratified the Convention, and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expresses the hope that the Government will endeavour to participate with that State in a scheme for the maintenance of acquired rights and rights in course of acquisition in accordance with Article 7 of the Convention.

(b) The Committee points out that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take account of the above comments when concluding any new bilateral or multilateral social security agreements with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee wishes to draw the Government's attention to and to receive additional information on the following points:

1. Article 7, paragraph 1. Under section 38, paragraph 3, of the Regulations on Social Security Pensions, it is necessary in order that commuting accidents be recognised as industrial accidents, that there is no stopping, delay or deviation of the normal, habitual route. Please indicate whether this condition also applies to the insured in cases where the stopping, delay or deviation from the route is involuntary.

2. Article 8. The Committee notes that the list of occupational diseases contained in Schedule A of the Regulation on Social Security Pensions of 1981 is not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule I of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resultant incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or by X-rays, whereas item 13 of the Schedule in the Convention is drawn up in a general way and covers diseases caused by ionising radiations of whatever form; (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risk, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcases infected with anthrax, contrary to what is provided in the right-hand column of item 15 of the Schedule of the Convention.

The Committee hopes that the Government will be able to take the necessary measures to complete the national list of occupational diseases annexed in Schedule A of the 1981 Regulation on Social Security Pensions, as indicated above. It also requests the Government to indicate, regarding anthrax infection, whether a worker suffering from this infection who is employed in work involving the handling of animal carcasses, in order to qualify for entitlement to the benefits envisaged under the Law on Social Security in the event of occupational diseases, has to provide proof that the carcasses were infected.

3. Article 10. The Committee notes from certain information received previously that basic medical care is provided by the Health Secretariat, which provides medical care in its general and overall sense to the insured and to members of his family. The Committee requests the Government to indicate the type of medical care granted in accordance with paragraph 1 of this provision of the Convention, particularly in respect of: (a) general practitioner and specialist in-patient and out-patient care, including domiciliary visiting; (b) dental care; (c) dental, pharmaceutical and other medical or surgical supplies; (d) the care provided by members of other professions legally recognised as allied to the medical profession.

4. Articles 13, 14 and 18 (in conjunction with Article 19 or 20). (a) Please provide the statistics called for in the report form adopted by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) The Committee notes that under section 17 of Law No. 13 of 1980 on Social Security the full disability pension due to employment injury cannot be less than the basic pension, to which shall be added half of the most recent income or wage on the basis of which the contributions due were fixed. The Committee requests the Government to indicate whether this minimum amount is guaranteed for all workers fulfiling the conditions laid down under section 17 of the Law on Social Security and under the relevant provisions of the Regulations on Social Security Pensions, irrespective of the resources and nationality of the beneficiary.

5. Article 21. Please indicate the manner in which and the provisions under which effect is given to this provision of the Convention, which provides that the amounts of cash benefits currently payable shall, for long-term benefits, be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Please also supply the statistics called for in the report form under this Article.

6. Article 22(e). Sections 39, 40 and 59 of the 1981 Regulations on Social Security Pensions provide, inter alia, that, should an employment injury be due to deliberate or serious misconduct by the insured, unless the accident results in the contributor's death or his total and permanent disability, the insured shall not be entitled to the cash benefits provided for under the legislation for occupational injury. Under section 39 of the above Regulations, deliberate or serious misconduct by the insured is considered to be: (a) injuries caused by willful drunkenness; (b) injuries arising out of clear violation, either intentional or serious, of instructions concerning occupational safety and health which are openly displayed in prominent places at the workplace or service site; (c) any other injuries provoked by a serious fault of the insured. The Committee considers that these provisions, with the exception of section 39, paragraph (a), go beyond what is authorised by Article 22(e) of the Convention which allows the suspension of benefits in cases where the employment injury has been caused by voluntary intoxication or by the serious and willful misconduct of the person concerned. The Committee would be grateful if the Government would supply with its next report examples of the practical application of the provisions set out in paragraphs (b) and (c) of section 39 of the Regulations (taken in conjunction with sections 40 and 59).

7. Please supply a copy of the Regulations prescribing short-term benefits for employees, issued under section 25 of Law No. 13 on Social Security of 1980, as well as a copy of the Decision of the Peoples' General Committee for Social Security establishing the conditions under which an injury caused by execution of exceptional strain or hard efforts in the course of performing work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

[The Government is asked to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee wishes to draw the Government's attention and to receive additional information on the following points:

1. Part II (Invalidity benefit), Article 9 of the Convention, Part III (Old-age benefit), Article 16, and Part IV (Survivors' benefit), Article 22. The Committee once again requests the Government to indicate whether, in respect of the coverage of these various contingencies, it uses clause (a), (b) or (c) of paragraph 1 of each of these Articles. Please also supply the information and in particular the statistics called for in the report form on this Convention.

2. Part IV (Survivors' benefit), Article 24. The Committee once again requests the Government to indicate which provisions of Article 24 are used (please indicate in particular whether clause (a) or clause (b) of paragraphs 1 and 2 is used) and to supply corresponding information on the way in which effect is given to these provisons of the Convention (nature and duration of a minimum qualifying period, etc.).

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (Invalidity benefit: Article 10), III (Old-age benefit: Article 17) and IV (Survivors' benefit: Article 23). (a) The Government is requested to supply the statistical information requested by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, or under Titles I to V of Article 28, which ever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level established by the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4) if Article 27 or Article 28 of the Convention is used.

(b) The Committee notes that under section 18 of the Social Security Law No. 13 of 1980, the total disability pension cannot be less than the basic pension increased by half the amount of the most recent wage on which the rate of contribution was imposed. It requests the Government to indicate whether this minimum amount is guaranteed in respect of all workers fulfilling the conditions set out under Article 18 of the Social Security Law and under the relevant provisions of the Social Security Pensions Regualtions, irrespective of the resources of the beneficiary.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted in accordance with paragraph 2 of this Article.

5. Part VI (Common provisions), Article 35. See under Convention No. 102, Article 71, paragraph 3, and Article 72, paragraph 2, as follows:

Article 71, paragraph 3, and Article 72, paragraph 2. Please provide information on the organisation and operation, in practice, of the Libyan social security system, and, in particular, on the measures taken, if any, to ensure the co-ordination and supervision of the activities of the local people's social security committees set up under section 5 of Act No. 13 of 1980 respecting social security.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes from the information supplied by the Government in its report that the National Committee for the Study of International Labour Conventions and Recommendations, established by Decision No. 72 of 1985 as amended, recommends the introduction of provisions concerning Part IV (Unemployment benefit) and Part VII (Family benefit) of the Convention into the social security scheme unless the decision is taken to denounce the above-mentioned Parts in accordance with Article 82, with the consequent disadvantages.

The Committee takes note of this statement. It ventures to remind the Government of the possibility of requesting the technical cooperation of the ILO to assist it in resolving the difficulties encountered. It therefore hopes that the Government will be in a position to take the necessary measures to introduce into the Libyan social security scheme provisions concerning unemployment benefit and family benefit so as to ensure the application of Part IV (Unemployment benefit) and Part VII (Family benefit). It asks the Government to indicate in its next report the progress made in that respect.

In addition the Committee again draws the Government's attention to a number of points which it is raising in a request addressed directly to the Government.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

For many years the Committee has been drawing the Government's attention to certain points concerning the application of various provisions of the Convention. In its latest report, which refers to the report of the National Commission set up to examine international labour Conventions and Recommendations, the Government states that the Committee's observations will be answered in due course by the adoption of the provisions concerning the Social Security Fund. The Committee takes note of this information. It recalls, however, that in its previous report received in March 1988 the Government stated that the Commission in question had completed the examination of the Committee's observations and recommended that the competent authorities should take them into account. The Committee hopes that the Government will shortly be able to take the necessary measures to ensure full application of the Convention on the following points:

1. Article 3, paragraph 1, of the Convention (also in conjunction with Article 10).

(a) Under section 38(b) of Social Security Act No. 13 of 1980 and regulations 28 to 33 of the Pension Regulations of 1981, non-Libyan residents receive only a lump sum in the event of premature termination of work whereas nationals are guaranteed, under clause (a) of section 38 of Act No. 13, maintenance of their wages or remuneration, which is contrary to this provision of the Convention. The Committee asks the Government to indicate the measures taken or envisaged to amend the above provisions in order to ensure for nationals of States for which the Convention is in force (and for refugees and stateless persons) the same benefits as nationals in case of premature termination of work.

(b) Under regulations 5 and 8 of the Regulations concerning registration, contributions and inspection issued under Social Security Act No. 13 of 1980, the affiliation of non-Libyan officials and self-employed workers to the social security scheme is voluntary unless there is an agreement with the country of which these workers are nationals. The Committee again draws the Government's attention to the fact that where, as in the Libyan Arab Jamahiriya, the affiliation of nationals to the social security scheme is compulsory, the voluntary affiliation of certain categories of foreign workers to the social security scheme is contrary to the principle of equality of treatment laid down in Article 3, paragraph 1 (subject to the exceptions provided for in Article 10, paragraph 2). The Committee asks the Government to indicate the measures taken or contemplated to ensure for these categories of foreigners, when they are nationals of a State for which the Convention is in force, and also for refugees and stateless persons, compulsory affiliation to the social security scheme.

(c) Under regulation 16, paragraphs 2 and 3, and regulation 95, paragraph 3, of the Pensions Regulations of 1981, non-national contributors, without prejudice to special social security agreements, who have not completed a period of ten years' contributions to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to an old-age pension nor to a pension for total incapacity due to an injury of non-occupational origin. Furthermore, regulation 174, paragraph 2, of these Regulations seems to imply a contrario that the qualifying period is also required for pensions and allowances due to survivors of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or an accident of non-occupational origin. Since such a qualifying period is not required for insured nationals, the Committee points out that the above-mentioned provisions of the Pension Regulations of 1981 are incompatible with Article 3, paragraph 1, of the Convention. The Committee accordingly requests the Government to indicate the measures taken or contemplated to ensure the application of this provision of the Convention on this point as well.

2. Article 5. Regulation 161 of the 1981 Pension Regulations provides that pensions or other monetary benefits may be transferred to beneficiaries resident abroad without prejudice, where appropriate, to agreements to which the Libyan Arab Jamahiriya is a party. The Committee points out that, by virtue of this provision of the Convention, each Member that has ratified it must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors' benefits and death grants, and also employment injury pensions. The Committee requests the Government to indicate in its next report the measures taken or envisaged to give effect in law and practice to this basic provision of the Convention.

The Committee hopes that the Government's next report will contain detailed information on the progress made in ensuring full application of the above-mentioned provisions of the Convention. It ventures to draw the Government's attention to the possibility of seeking the technical cooperation of the International Labour Office to find a solution to the difficulties encountered.

In addition the Committee draws the Government's attention to certain points which it is raising in a direct request.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's report. It notes with regret that the Government confines itself to indicating that the Committee of Experts has not made any observation requiring amendment of the laws in force. The Committee points out that it has for many years been drawing the Government's attention to the need to take measures to ensure the application of certain parts of the Convention and to supply additional information on a number of points so as to enable it to assess how the Convention is being applied both in law and in practice. It consequently trusts that the Government's next report will contain detailed information on the points it is raising again in a request addressed directly to the Government.

The Committee ventures to draw the Government's attention to the possibility of requesting the technical assistance of the ILO.

[The Government is asked to report in detail for the period ending 30 June 1992.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's report. It notes with regret that the Government merely states that the observations of the Committee of Experts do not require any amendment to the legislation in force. The Committee recalls that since 1982 it has been drawing the Government's attention to the need to provide information on the way in which effect is given to Part V, Article 29, of the Convention (Review of cash benefits currently payable) which lays down that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this connection, the Committee also refers to the general observations that it made in 1989, concerning Conventions Nos. 102 and 128, in which it considered that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the amount of long-term benefits should receive the Government's particular attention, in particular as concerns the general economic climate of today. The Committee therefore asks the Government to take all possible steps to ensure the application of Article 29 and to supply the statistical data requested under this Article of the Convention in the report form adopted by the Governing Body.

The Committee trusts that the Government's next report will also contain a detailed reply to the questions that it has been raising for many years and to which it refers in a request addressed directly to the Government.

The Committee would suggest that the Government might wish to request technical assistance from the ILO.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

I. With reference to its observation, the Committee would be grateful if the Government would supply detailed information on the following points:

1. Part II (invalidity benefit), Article 9 of the Convention; Part III (old-age benefit), Article 16, and Part IV (survivors' benefit), Article 22. The Committee once again requests the Government to indicate whether, in respect of the coverage of these various contingencies, it uses clause (a), (b) or (c) of paragraph 1 of each of these Articles. Please also supply the information and in particular the statistics called for in the report form on this Convention.

2. Part IV (survivors' benefit), Article 24. The Committee once again requests the Government to indicate which provisions of Article 24 are used (paragraphs 1 and 2, or paragraph 3, or paragraph 4, or paragraph 5) and to supply corresponding information on the way in which effect is given to these provisons of the Convention (nature and duration of a minimum qualifying period, etc.).

3. Part V (standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (invalidity benefit: Article 10), III (old-age benefit: Article 17) and IV (survivors' benefit: Article 23). (a) The Government is requested to supply the statistical information called for in the report form on the Convention, adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, or under Titles I to V of Article 28, which ever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level established by the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4) if Article 27 or Article 28 of the Convention is used.

(b) The Committee notes that under section 18 of the Social Security Law No. 13 of 1980, the total disability pension cannot be less than the basic pension increased by half the amount of the most recent wage on which the rate of contribution was imposed. It requests the Government to indicate whether this minimum amount is guaranteed in respect of all workers fulfilling the conditions set out under Article 18 of the Social Security Law and under the relevant provisions of the Social Security Pensions Regualtions, irrespective of the resources of the beneficiary.

4. Part VI (common provisions), Article 34, paragraph 2. The Committee requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted in accordance with paragraph 2 of this Article.

II. Part VI (common provisions), Article 35. See under Convention No. 102, Article 71, paragraph 3, and Article 72, paragraph 2.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

I. In its previous comments, the Committee raised a number of questions concerning in particular Part II (Medical care) and Part VIII (Maternity benefit). Since the Government's report contains no reply to the questions that the Committee has been raising since 1982, the Committee trusts that the Government will not fail to provide information on the following points with its next report:

1. Part II (Medical Care), Article 9 of the Convention and Part VIII (Maternity benefit), Article 48. The Committee requests the Government: (a) to indicate which one of the formulas contained in the various paragraphs of the above Articles of the Convention is used to determine the scope of each of the above contingencies, and (b) to supply the corresponding statistics requested in the report form adopted by the Governing Body of the ILO for this Convention under Article 76 (Titles I, II and III, according to the clause which is used).

2. Part II (Medical care). (a) Article 10, paragraph 1. Please describe in detail the different types of medical care listed in section 30 of Act No. 13 of 1980 concerning social security, particularly in respect of sickness and maternity.

(b) Article 11. Please indicate whether any qualifying period is required of insured persons for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of the above Act.

(c) Article 12. Please indicate whether a limit has been set for the period during which the various kinds of medical benefit are granted and, if so, please specify this limit.

(d) Please supply the text of any regulations adopted under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). (a) Article 50. Please indicate whether Article 65 or Article 66 of the Convention is used for the calculation of maternity benefit and please supply the statistics requested in the report form adopted by the Governing Body for this Convention under Titles I and V of the Article selected (particularly the wage of a skilled male manual worker, in the case of Article 65, or the wage of an ordinary adult male labourer, in the case of Article 66.

(b) Please indicate whether any qualifying period is required for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) Please supply the texts of the regulations issued under section 25, paragraph 2 (other contributors), of Act No. 13 of 1980.

4. Please supply the texts of regulations and decisions adopted under section 35 of Act No. 13 of 1980.

II. The Committee would also be grateful if the Government would provide information on the following points:

1. Part XIII (Common provisions), Article 71, paragraphs 1 and 2. Please state how effect is given to these provisions of the Convention concerning the financing of benefits, providing, in particular, the information required by the report form under this Article of the Convention.

2. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. Please provide information on the organisation and operation, in practice, of the Libyan social security system, and, in particular, on the measures taken, if any, to ensure the co-ordination and supervision of the activities of the local people's social security committees set up under section 5 of Act No. 13 of 1980 respecting social security.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that for the second consecutive year the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government and particularly the information regarding Article 4 and Article 18 (concerning beneficiaries of survivors' benefit) of the Convention. It also notes the various texts issued under Law No. 13 of 1980 on Social Security that were transmitted by the Government, including the Regulations on Registration, Contributions and Inspection of 1980, the Regulations on Social Security Pensions of 1981, and the Regulations on Disability Assessment of 1981. Furthermore, from the information supplied by the Government regarding Conventions Nos. 102 and 118, the Committee notes the establishment by Order No. 72 of 1985, of a commission to examine the International Labour Conventions and Recommendations, whose functions include responsibility for examining the comments of the Committee of Experts. The Committee accordingly hopes that following the examination of the question by the above Commission the Government will be in a position to supply with its next report information concerning the following points:

1. Article 7, paragraph 1. Under section 38, paragraph 3, of the Regulations on Social Security Pensions, it is necessary in order that commuting accidents be recognised as industrial accidents, that there is no stopping, delay or deviation of the normal, habitual route. Please indicate whether this condition also applies to the insured in cases where the stopping, delay or deviation from the route is involuntary.

2. Article 8. The Committee notes that the list of occupational diseases contained in Schedule A of the Regulation on Social Security Pensions of 1981 is not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule I of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resultant incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or by X-rays, whereas item 13 of the Schedule in the Convention is drawn up in a general way and covers diseases caused by ionising radiations of whatever form; (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risk, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcases infected with anthrax, contrary to what is provided in the right-hand column of item 15 of the Schedule of the Convention.

The Committee hopes that the Government will be able to take the necessary measures to complete the national list of occupational diseases annexed in Schedule A of the 1981 Regulation on Social Security Pensions, as indicated above. It also requests the Government to indicate, regarding anthrax infection, whether a worker suffering from this infection who is employed in work involving the handling of animal carcasses, in order to qualify for entitlement to the benefits envisaged under the Law on Social Security in the event of occupational diseases, has to provide proof that the carcasses were infected.

3. Article 10. The Committee notes from the Government's reply to its previous comments that basic medical care is provided by the Health Secretariat, which provides medical care in its general and overall sense to the insured and to members of his family. The Committee requests the Government to indicate the type of medical care granted in accordance with paragraph 1 of this provision of the Convention, particularly in respect of: (a) general practitioner and specialist in-patient and out-patient care, including domiciliary visiting; (b) dental care; (c) dental, pharmaceutical and other medical or surgical supplies; (d) the care provided by members of other professions legally recognised as allied to the medical profession.

4. Articles 13, 14 and 18 (in conjunction with Article 19 or 20). (a) Please provide the statistics called for in the report form adopted by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) The Committee notes that under section 17 of Law No. 13 of 1980 on Social Security the full disability pension due to employment injury cannot be less than the basic pension, to which shall be added half of the most recent income or wage on the basis of which the contributions due were fixed. The Committee requests the Government to indicate whether this minimum amount is guaranteed for all workers fulfiling the conditions laid down under section 17 of the Law on Social Security and under the relevant provisions of the Regulations on Social Security Pensions, irrespective of the resources and nationality of the beneficiary.

5. Article 21. Please indicate the manner in which and the provisions under which effect is given to this provision of the Convention, which provides that the amounts of cash benefits currently payable shall, for long-term benefits, be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Please also supply the statistics called for in the report form under this Article of the Convention.

6. Article 22(e). Sections 39, 40 and 59 of the 1981 Regulations on Social Security Pensions provide, inter alia, that, should an employment injury be due to deliberate or serious misconduct by the insured, unless the accident results in the contributor's death or his total and permanent disability, the insured shall not be entitled to the cash benefits provided for under the legislation for occupational injury. Under section 39 of the above Regulations, deliberate or serious misconduct by the insured is considered to be: (a) injuries caused by willful drunkenness; (b) injuries arising out of clear violation, either intentional or serious, of instructions concerning occupational safety and health which are openly displayed in prominent places at the workplace or service site; (c) any other injuries provoked by a serious fault of the insured. The Committee considers that these provisions, with the exception of section 39, paragraph (a), go beyond what is authorised by Article 22(e) of the Convention which allows the suspension of benefits in cases where the employment injury has been caused by voluntary intoxication or by the serious and willful misconduct of the person concerned. The Committee would be grateful if the Government would supply with its next report examples of the practical application of the provisions set out in paragraphs (b) and (c) of section 39 of the Regulations (taken in conjunction with sections 40 and 59).

7. Please supply a copy of the Regulations prescribing short-term benefits for employees, issued under section 25 of Law No. 13 on Social Security of 1980, as well as a copy of the Decision of the Peoples' General Committee for Social Security establishing the conditions under which an injury caused by execution of exceptional strain or hard efforts in the course of performing work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In reply to the Committee's previous comments, the Government indicates that the tripartite committee responsible for examining international conventions and recommendations, established by Decision No. 72 of 1985 as amended, proposes that provisions on unemployment and family allowances be introduced into the social security system. It adds that the competent legal authorities, before taking a final decision, have submitted the recommendations of the above committee to the legal department for an opinion. The Committee notes this information with interest. It hopes that it will be possible for provisions on unemployment and family allowances to be introduced shortly into the Libyan social security system and that they will enable full effect to be given to Part IV (Unemployment benefit) and Part VII (Family benefit) of the Convention, and asks the Government to indicate the progress made in this respect in its next report. The Committee would also be grateful if the Government would supply the text of the new provisions on unemployment and family allowances as soon as they are adopted, and to provide detailed information on the implementation of the above-mentioned Parts IV and VII of the Convention, in accordance with the report form adopted by the Governing Body. The Committee also draws the Government's attention to a number of points raised in a request addressed directly to the Government.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In reply to the Committee's previous comments, the Government states that it will supply next year the requested information. The Committee notes this statement. It trusts that the Government's next report will contain a detailed reply to the points that it has been raising for many years and that it sets out again in a request that it is addressing directly to the Government. 2. Part V, Article 29 of the Convention (Review of cash benefits currently payable). For many years, the Committee has been requesting the Government to supply information on how effect is given to this provision of the Convention which lays down that the rates of cash benefits currently payable pursuant to Article 10 (invalidity b enefit), Article 17 (old-age benefit) and Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this connection, the Committee also refers to the general observation that it made in 1989 concerning Conventions Nos. 102 and 128 (copies of which are attached), in which it considers that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the amount of long-term benefits should receive governments' particular attention, in particular, as concerns the general economic climate of today. The Committee therefore requests the Government to take all possible steps to ensure the application of Article 29 and to supply the statistical data requested under this Article of the Convention in the report form adopted by the Governing Body.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

I. In its previous comments, the Committee raised a number of questions concerning in particular Part II (Medical care) and Part VIII (Maternity benefit). Since the Government's report contains no reply to the questions that the Committee has been raising since 1982, the Committee trusts that the Government will not fail to provide information on the following points with its next report:

1. Part II (Medical Care), Article 9 of the Convention and Part VIII (Maternity benefit), Article 48. The Committee requests the Government: (a) to indicate which one of the formulas contained in the various paragraphs of the above Articles of the Convention is used to determine the scope of each of the above contingencies, and (b) to supply the corresponding statistics requested in the report form adopted by the Governing Body of the ILO for this Convention under Article 76 (Titles I, II and III, according to the clause which is used).

2. Part II (Medical care). (a) Article 10, paragraph 1. Please describe in detail the different types of medical care listed in section 30 of Act No. 13 of 1980 concerning social security, particularly in respect of sickness and maternity.

(b) Article 11. Please indicate whether any qualifying period is required of insured persons for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of the above Act.

(c) Article 12. Please indicate whether a limit has been set for the period during which the various kinds of medical benefit are granted and, if so, please specify this limit.

(d) Please supply the text of any regulations adopted under sections 12(b) and 30 of Act No. 13 of 1980.

3. Part VIII (Maternity benefit). (a) Article 50. Please indicate whether Article 65 or Article 66 of the Convention is used for the calculation of maternity benefit and please supply the statistics requested in the report form adopted by the Governing Body for this Convention under Titles I and V of the Article selected (particularly the wage of a skilled male manual worker, in the case of Article 65, or the wage of an ordinary adult male labourer, in the case of Article 66.

(b) Please indicate whether any qualifying period is required for entitlement to benefit and, if so, please state its duration and the manner in which it is calculated, particular account being taken of the provisions of section 35 of Act No. 13 of 1980.

(c) Please supply the texts of the regulations issued under section 25, paragraph 2 (other contributors), of Act No. 13 of 1980.

4. Please supply the texts of regulations and decisions adopted under section 35 of Act No. 13 of 1980.

II. The Committee would also be grateful if the Government would provide information on the following points:

1. Part XIII (Common provisions), Article 71, paragraphs 1 and 2. Please state how effect is given to these provisions of the Convention concerning the financing of benefits, providing, in particular, the information required by the report form under this Article of the Convention.

2. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. Please provide information on the organisation and operation, in practice, of the Libyan social security system, and, in particular, on the measures taken, if any, to ensure the co-ordination and supervision of the activities of the local people's social security committees set up under section 5 of Act No. 13 of 1980 respecting social security. [The Government is asked to report in detail for the period ending 30 June 1990.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government and particularly the information regarding Article 4 and Article 18 (concerning beneficiaries of survivors' benefit) of the Convention. It also notes the various texts issued under Law No. 13 of 1980 on Social Security that were transmitted by the Government, including the Regulations on Registration, Contributions and Inspection of 1980, the Regulations on Social Security Pensions of 1981, and the Regulations on Disability Assessment of 1981. Furthermore, from the information supplied by the Government regarding Conventions Nos. 102 and 118, the Committee notes the establishment by Order No. 72 of 1985, of a commission to examine the International Labour Conventions and Recommendations, whose functions include responsibility for examining the comments of the Committee of Experts. The Committee accordingly hopes that following the examination of the question by the above Commission the Government will be in a position to supply with its next report information concerning the following points:

1. Article 7, paragraph 1. Under section 38, paragraph 3, of the Regulations on Social Security Pensions, it is necessary in order that commuting accidents be recognised as industrial accidents, that there is no stopping, delay or deviation of the normal, habitual route. Please indicate whether this condition also applies to the insured in cases where the stopping, delay or deviation from the route is involuntary.

2. Article 8. The Committee notes that the list of occupational diseases contained in Schedule A of the Regulation on Social Security Pensions of 1981 is not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of occupational diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule I of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resultant incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or by X-rays, whereas item 13 of the Schedule in the Convention is drawn up in a general way and covers diseases caused by ionising radiations of whatever form; (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risk, to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcases infected with anthrax, contrary to what is provided in the right-hand column of item 15 of the Schedule of the Convention.

The Committee hopes that the Government will be able to take the necessary measures to complete the national list of occupational diseases annexed in Schedule A of the 1981 Regulation on Social Security Pensions, as indicated above. It also requests the Government to indicate, regarding anthrax infection, whether a worker suffering from this infection who is employed in work involving the handling of animal carcasses, in order to qualify for entitlement to the benefits envisaged under the Law on Social Security in the event of occupational diseases, has to provide proof that the carcasses were infected.

3. Article 10. The Committee notes from the Government's reply to its previous comments that basic medical care is provided by the Health Secretariat, which provides medical care in its general and overall sense to the insured and to members of his family. The Committee requests the Government to indicate the type of medical care granted in accordance with paragraph 1 of this provision of the Convention, particularly in respect of: (a) general practitioner and specialist in-patient and out-patient care, including domiciliary visiting; (b) dental care; (c) dental, pharmaceutical and other medical or surgical supplies; (d) the care provided by members of other professions legally recognised as allied to the medical profession.

4. Articles 13, 14 and 18 (in conjunction with Article 19 or 20). (a) Please provide the statistics called for in the report form adopted by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) The Committee notes that under section 17 of Law No. 13 of 1980 on Social Security the full disability pension due to employment injury cannot be less than the basic pension, to which shall be added half of the most recent income or wage on the basis of which the contributions due were fixed. The Committee requests the Government to indicate whether this minimum amount is guaranteed for all workers fulfiling the conditions laid down under section 17 of the Law on Social Security and under the relevant provisions of the Regulations on Social Security Pensions, irrespective of the resources and nationality of the beneficiary.

5. Article 21. Please indicate the manner in which and the provisions under which effect is given to this provision of the Convention, which provides that the amounts of cash benefits currently payable shall, for long-term benefits, be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. Please also supply the statistics called for in the report form under this Article of the Convention.

6. Article 22(e). Sections 39, 40 and 59 of the 1981 Regulations on Social Security Pensions provide, inter alia, that, should an employment injury be due to deliberate or serious misconduct by the insured, unless the accident results in the contributor's death or his total and permanent disability, the insured shall not be entitled to the cash benefits provided for under the legislation for occupational injury. Under section 39 of the above Regulations, deliberate or serious misconduct by the insured is considered to be: (a) injuries caused by willful drunkenness; (b) injuries arising out of clear violation, either intentional or serious, of instructions concerning occupational safety and health which are openly displayed in prominent places at the workplace or service site; (c) any other injuries provoked by a serious fault of the insured. The Committee considers that these provisions, with the exception of section 39, paragraph (a), go beyond what is authorised by Article 22(e) of the Convention which allows the suspension of benefits in cases where the employment injury has been caused by voluntary intoxication or by the serious and willful misconduct of the person concerned. The Committee would be grateful if the Government would supply with its next report examples of the practical application of the provisions set out in paragraphs (b) and (c) of section 39 of the Regulations (taken in conjunction with sections 40 and 59).

7. Please supply a copy of the Regulations prescribing short-term benefits for employees, issued under section 25 of Law No. 13 on Social Security of 1980, as well as a copy of the Decision of the Peoples' General Committee for Social Security establishing the conditions under which an injury caused by execution of exceptional strain or hard efforts in the course of performing work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

I. With reference to its observation, the Committee would be grateful if the Government would supply detailed information on the following points:

1. Part II (invalidity benefit), Article 9 of the Convention; Part III (old-age benefit), Article 16, and Part IV (survivors' benefit), Article 22. The Committee once again requests the Government to indicate whether, in respect of the coverage of these various contingencies, it uses clause (a), (b) or (c) of paragraph 1 of each of these Articles. Please also supply the information and in particular the statistics called for in the report form on this Convention.

2. Part IV (survivors' benefit), Article 24. The Committee once again requests the Government to indicate which provisions of Article 24 are used (paragraphs 1 and 2, or paragraph 3, or paragraph 4, or paragraph 5) and to supply corresponding information on the way in which effect is given to these provisons of the Convention (nature and duration of a minimum qualifying period, etc.).

3. Part V (standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Parts II (invalidity benefit: Article 10), III (old-age benefit: Article 17) and IV (survivors' benefit: Article 23). (a) The Government is requested to supply the statistical information called for in the report form on the Convention, adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, or under Titles I to V of Article 28, which ever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level established by the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4) if Article 27 or Article 28 of the Convention is used.

(b) The Committee notes that under section 18 of the Social Security Law No. 13 of 1980, the total disability pension cannot be less than the basic pension increased by half the amount of the most recent wage on which the rate of contribution was imposed. It requests the Government to indicate whether this minimum amount is guaranteed in respect of all workers fulfilling the conditions set out under Article 18 of the Social Security Law and under the relevant provisions of the Social Security Pensions Regualtions, irrespective of the resources of the beneficiary.

4. Part VI (common provisions), Article 34, paragraph 2. The Committee requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted in accordance with paragraph 2 of this Article.

II. Part VI (common provisions), Article 35. See under Convention No. 102, Article 71, paragraph 3, and Article 72, paragraph 2, as follows:

2. Part XIII (Common provisions), Article 71, paragraph 3, and Article 72, paragraph 2. Please provide information on the organisation and operation, in practice, of the Libyan social security system, and, in particular, on the measures taken, if any, to ensure the co-ordination and supervision of the activities of the local people's social security committees set up under section 5 of Act No. 13 of 1980 respecting social security. [The Government is asked to report in detail for the period ending 30 June 1990.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In reply to the Committee's previous comments, the Government indicates that the tripartite committee responsible for examining international conventions and recommendations, established by Decision No. 72 of 1985 as amended, proposes that provisions on unemployment and family allowances be introduced into the social security system. It adds that the competent legal authorities, before taking a final decision, have submitted the recommendations of the above committee to the legal department for an opinion.

The Committee notes this information with interest. It hopes that it will be possible for provisions on unemployment and family allowances to be introduced shortly into the Libyan social security system and that they will enable full effect to be given to Part IV (Unemployment benefit) and Part VII (Family benefit) of the Convention, and asks the Government to indicate the progress made in this respect in its next report. The Committee would also be grateful if the Government would supply the text of the new provisions on unemployment and family allowances as soon as they are adopted, and to provide detailed information on the implementation of the above-mentioned Parts IV and VII of the Convention, in accordance with the report form adopted by the Governing Body.

The Committee also draws the Government's attention to a number of points raised in a request addressed directly to the Government. [The Government is asked to report in detail for the period ending 30 June 1990.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In reply to the Committee's previous comments, the Government states that it will supply next year the requested information. The Committee notes this statement. It trusts that the Government's next report will contain a detailed reply to the points that it has been raising for many years and that it sets out again in a request that it is addressing directly to the Government.

2. Part V, Article 29 of the Convention (Review of cash benefits currently payable). For many years, the Committee has been requesting the Government to supply information on how effect is given to this provision of the Convention which lays down that the rates of cash benefits currently payable pursuant to Article 10 (invalidity benefit), Article 17 (old-age benefit) an d Article 23 (survivors' benefit) shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. In this connection, the Committee also refers to the general observation that it made in 1989 concerning Conventions Nos. 102 and 128 (copies of which are attached), in which it considers that, given the effects of inflation on the general level of earnings and increases in the cost of living, revision of the amount of long-term benefits should receive governments' particular attention, in particular, as concerns the general economic climate of today. The Committee therefore requests the Government to take all possible steps to ensure the application of Article 29 and to supply the statistical data requested under this Article of the Convention in the report form adopted by the Governing Body. [The Government is asked to report in detail for the period ending 30 June 1990.]

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous comments, the Committee notes with interest that the Commission set up by Order No. 72 of 1985 to study international labour Conventions and Recommendations has completed its examination of the observations of the present Committee concerning the application of the present Convention and has recommended that the competent authorities take account of these observations, particularly concerning the separate bilateral agreements concluded by the Libyan Arab Jamahiriya with Algeria, Tunisia and Turkey, and that the amendments will be communicated as soon as they have been enacted.

The Committee therefore hopes that the Government will follow the recommendations of the Commission and adopt the necessary measures to give effect to the points raised in its earlier comments, which read as follows:

1. Article 3, paragraph 1, of the Convention (also in conjunction with Article 10). (a) The Committee has previously observed that under section 38(b) of Social Security Act No. 13 of 1980 and regulations 28 to 33 of the Regulations on pensions of 1981, non-Libyan residents receive only a lump sum in the event of premature termination of work whereas nationals are guaranteed, under clause (a) of section 38 of Act No. 13, maintenance of their wages or remuneration, which is contrary to this provision of the Convention. It therefore requested the Government to indicate the measures taken or envisaged to amend the above provisions in order to ensure for nationals of States for which the Convention is in force (and for refugees and stateless persons) the same benefits as nationals in case of premature termination of work.

(b) The Committee noted that under regulations 5 and 8 of the Regulations concerning registration, contributions and inspection issued under Social Security Act No. 13 of 1980, affiliation to the social security scheme by non-Libyan officials and self-employed workers is voluntary unless there is an agreement with the country of which these workers are nationals. It drew the Government's attention to the fact that when, as is the case in the Libyan Arab Jamahiriya, the affiliation of nationals to the social security scheme is compulsory, the voluntary affiliation by certain categories of foreign workers to the social security scheme is contrary to the principle of the equal treatment laid down in Article 3, paragraph 1 (subject to the exceptions provided for in Article 10, paragraph 2). The Committee therefore requested the Government to indicate the measures taken or contemplated to ensure to these categories of foreigners, when they are members of a State for which the Convention is in force, and also to refugees and stateless persons, compulsory membership of the social security scheme.

(c) The Committee noted that under regulation 16, paragraphs 2 and 3, and regulation 95, paragraph 3 of the Regulations of 1981 on pensions, non-national insured persons, without prejudice to special social security agreements, who have not completed a period of ten years' contribution to the social security scheme (years that may be supplemented, where appropriate, by years of contributions paid to the social insurance scheme) are entitled neither to old-age pension nor to pension for total incapacity due to an injury of non-occupational origin. Furthermore, regulation 174, paragraph 2 of these Regulations seems to imply that the qualifying period is also required for pensions and allowances due to dependants of the deceased person by virtue of Title IV of the Regulations, when death is due to a disease or accident of non-occupational origin. Since such a qualifying period is not required of insured nationals, the Committee also noted that the above-mentioned provisions of the Regulations of 1981 concerning pensions are incompatible with Article 3, paragraph 1, of the Convention. In these conditions, the Committee requested the Government to indicate the measures taken or contemplated to ensure conformity with this provision of the Convention on this point as well.

2. Article 5. The Committee noted that regulation 161 of the 1981 Regulations on pensions provides that pensions or other monetary benefits may be transferred to beneficiaries resident abroad without prejudice, where appropriate, to agreements to which the Libyan Arab Jamahiriya has subscribed. The Committee pointed out that, by virtue of this provision of the Convention, each Member that has ratified it must guarantee both to its own nationals and to the nationals of any other Member that has accepted the obligations of the Convention in respect of the branch in question, when they are resident abroad, the provision of invalidity benefits, old-age benefits, survivors' benefits and death grants, and also employment injury pensions. The Committee requested the Government to indicate in its next report the measures taken or envisaged to give effect to this basic provision of the Convention.

3. Article 6. In its previous comments, the Committee requested the Government to indicate, with regard to the family allowance paid under Act No. 13 of 1980, in what manner and under which provisions effect is given to Article 6 of the Convention, which provides that the grant of family allowances must be guaranteed both to nationals of the Libyan Arab Jamahiriya and to nationals of any other State that has accepted the obligations of the Convention for the family allowances branch, in respect of children who reside in the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. Since the Government's report contained no information on this point, the Committee expressed the hope that the Government would not fail to provide the information requested. (A list of the States that have accepted the obligations of the Convention for branch (i) is appended.)

4. Article 7. With reference to its earlier comments, the Committee notes that the Commission for the study of International Labour Conventions and Recommendations, has recommended that the competent authorities take into account the observations of the Committee concerning the separate bilateral agreements concluded by the Libyan Arab Jamahiriya with Turkey, Tunisia and Algeria. It hopes that in its next report, the Government will provide information on these points which have already been raised.

Since no agreement has been entered into with the Syrian Arab Republic which has also ratified the Convention and since there are a large number of Syrian workers in the Libyan Arab Jamahiriya, the Committee expressed the hope that the Government would endeavour to participate with this State in a scheme for the maintenance of acquired rights and rights in course of acquisition in accordance with Article 7 of the Convention.

The Committee pointed out that the social security agreement concluded with Tunisia deals only with the maintenance of acquired rights and that the agreement entered into with Turkey does not cover the question of the maintenance of rights in course of acquisition for short-term benefits, whereas Article 7 provides that Members that have ratified the Convention shall endeavour to participate in schemes for the maintenance of acquired rights and rights in the course of acquisition for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. The Committee hopes that the Government will be able to take account of the above comments when concluding any new bilateral or multilateral social security agreement with other Members concerned. The Committee also hopes that the Government will endeavour to extend the scope of the agreement with Turkey so as to cover the scheme for self-employed workers of that country, a scheme that appears to be excluded from the scope of this agreement.

The Committee asked the Government to state whether the period of insurance contributions of non-Libyan residents who have ceased to work is taken into account for the totalisation of periods of insurance in respect of nationals of member States for which the Convention is in force, since this totalisation is taken into account under the bilateral agreements concluded with the Libyan Arab Jamahiriya under section 38(b) of Act No. 13 of 1980.