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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Libya (RATIFICATION: 2000)

Legislative issues. In its 2015 comments, the Committee expressed its hope that the Government will report shortly on the adoption of the new Labour Code and the new Law on Trade Unions and that both legislative instruments will fully comply with the Convention. The Committee notes the Government’s indication that both drafts laws have been finalized, in consultation with the social partners, and that both texts will be enacted once the new Constitution is adopted. The Committee notes however that, as described by the Government in its report, under sections 3 and 9 of the draft Law on Trade Unions, non-Libyan workers without a legal residence, independent workers and workers in the informal economy will be excluded from the scope of the new Law. These categories of workers therefore would appear to be precluded from exercising the right to establish and join organizations of their own choosing. The Committee recalls that Article 2 of the Convention applies to all workers without distinction, including independent workers and workers in the informal economy, who should be covered by the guarantees it affords. It further recalls that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing implies that anyone residing in the territory of a State, whether or not they have a residence permit, benefits from the trade union rights provided for by the Convention, without any distinction based on nationality or the absence thereof (see 2012 General Survey on the fundamental Conventions, paragraph 79). The Committee therefore requests the Government to indicate how it intends to ensure that independent workers, workers in the informal economy and workers without a residence permit will enjoy, under the new Labour Code, the new Law on Trade Unions, or other legislation, the rights afforded by the Convention. The Committee hopes that the new legislation will be adopted without further delay and requests the Government to provide a copy of the new Labour Code and Law on Trade Unions once adopted.