Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Libya (RATIFICATION: 1975)

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.]

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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.

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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.

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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.]

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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.]

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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.]

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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.]

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.]

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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.]

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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.