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

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Libya (Ratification: 1975)

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

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

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

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

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

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

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

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