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

Abolition of Forced Labour Convention, 1957 (No. 105) - Libya (Ratification: 1961)

The Committee notes with regret that the Government's report has not been received. The Committee has, however, taken note of the discussion which took place in the Conference Committee in 1990. The Committee notes that in its statement to the Conference Committee a Government representative indicated that a "green paper" on human rights covering all human rights Conventions had been communicated to the General Peoples' Congress and would be submitted to the Office, as well as all texts which were to be amended in the future.

The Committee expresses the hope that the Government will communicate the afore-mentioned documents and provide full information on the following matters raised in its previous observation:

1. Article 1(a), (c) and (d) of the Convention. In comments made for a number of years, the Committee has referred to various provisions of the Publications Act of 1972, under which persons expressing certain political views, or views ideologically opposed to the established political, social or economic system may be punished with penalties of imprisonment (involving, under section 24(1) of the Penal Code, an obligation to perform labour). The Committee has likewise referred to sections 237 and 238 of the Penal Code, under which penalties of imprisonment involving compulsory labour may be imposed on public servants or employees of public institutions as a punishment for breaches of labour discipline or for participation in strikes even in services whose interruption would not endanger the life, personal safety or health of the whole or part of the population. The Committee has asked the Government to indicate the measures taken to bring these provisions into conformity with the Convention. It also has asked for information on the practical application of a number of other provisions of the Penal Code, in order the ascertain the observance of the Convention.

The Committee noted with interest from the Government's report received in 1988 that the tripartite Committee established at the national level to examine its comments, although of the opinion that the work performed by prisoners permitted the learning of a trade which might be useful upon release from prison, nevertheless had recognised obligations under the Convention and had recommended, therefore, that national legislation be harmonised with the Convention so as to assure the freedom of prisoners with regard to work.

The Committee has pointed out in paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour that the Convention does not prohibit the exaction from common offenders of compulsory labour intended to reform or rehabilitate them, but protects a limited range of persons where the same need does not arise. In the case of persons punished for expressing certain political views an intention to reform or educate them through labour would, in itself, be covered by the express terms of the Convention, which applies, inter alia, to any form of compulsory labour as a means of political education. In many countries, the law has traditionally accorded to prisoners convicted of certain political offences a special status under which they are free from prison labour imposed on common offenders, although they may work on request. The Committee hopes that the Government will provide information on any legislative amendments adopted to ensure the observance of Article 1(a), (c) and (d) of the Convention with regard to persons convicted under the relevant provisions of the Publications Act and the Penal Code. Pending amendment of the legislation, the Committee requests the Government to supply information on the practical application (including court decisions defining their scope) of sections 237 and 238 of the Penal Code, as well as sections 175, 195, 206, 207, 220, 221, 245 and 291 of the same Code.

2. Supply of legislative texts. For a number of years the Committee has asked the Government (a) to furnish the text of the Orders of the Higher Council of the Revolution of 11 December 1969 respecting the defence of the revolution and of 26 October 1969 respecting the judgement of those responsible for political and administrative corruption, which are referred to in section 5(A)(8) of the Publications Act; and (b) to furnish all legislative texts concerning the establishment, operation and dissolution of associations and political parties. The Committee hopes that these texts will soon be supplied, so as to enable it to ascertain the observance of the Convention.

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