Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes the Government's report dated 28 May 1992 and the information supplied by the Government to the Conference Committee in June 1992.

1. Article 1(a), (c) and (d) of the Convention. In the comments it has been making 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 also 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 the interruption of which would not endanger the life, personal safety or health of the whole or part of the population.

The Committee notes the information supplied by the Government to the effect that Act No. 5 of 1991 on the application of the principles of the Green Book on Human Rights, and Act No. 20 of 1991 on the promotion of freedom, proclaim the right of each citizen to express his opinion, and that part 2 of the Green Book prohibits penalties such as forced labour. It also notes that under section 2 of Act No. 5 of 1991, amendments must be drawn up within a period of one year and that the provisions of the Publications Act No. 76 of 1972 and of the Penal Code will be amended.

The Committee hopes that the envisaged amendments will provide for the exemption from compulsory labour imposed as a punishment or means of coercion or political education on persons who have expressed certain political or ideological opinions and that they will abolish forced or compulsory labour as a measure of labour discipline.

The Committee requests the Government to supply information on the work that has been undertaken to amend the legislation and to transmit the relevant texts.

2. The Committee notes the indications provided by the Government, in reply to its comments, to the effect that the Orders of the Higher Council of the Revolution of 1969, the texts of which it had been requesting, became null and void following the promulgation of Acts Nos. 5 and 20 of 1991.

The Committee notes that section 35 of Act No. 20 of 1991 provides in general terms that all conflicting legislation is amended. It also notes that the Orders in question on the defence of the revolution (of 11 December 1969) and on trials for political and administrative corruption (of 26 October 1969) are explicitly referred to in section 5(A)(8) of the Publications Act No. 76 of 1972. The Committee requests the Government to indicate the measures that have been taken to formally repeal the texts in question and to transmit the provisions adopted to this effect.

The Committee notes that the text of Act No. 5 of 1991 was not included in the list of texts transmitted by the Government. It requests the Government to supply the text of this Act and of all other texts referred to above, and particularly the Green Book on Human Rights and the legislative texts concerning the establishment, functioning and dissolution of associations and political parties.