Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been referring to various provisions of the Publications Act No. 76 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 noted the Government’s indication that the Publications Act would be amended to take into account the Committee’s comments. Moreover, following the establishment of the revolutionary Transnational Council, laws that were not in conformity with the principles of freedom and democracy were suspended, including the Publications Act. The Committee noted furthermore from the Report on the Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya that journalists had faced serious harassment and death threats; some had been subjected to arbitrary detention and abduction. Journalists also faced criminal prosecution for defamation and libel for writing on political matters (2016 A/HRC/31/47, paragraph 50).

The Committee notes that in its report the Government refers to certain sections of the Publications Bill, indicating that the Bill is still being studied and amended and will be transmitted to the legislative authority as soon as it is completed. The Committee draws the Government’s attention to the fact that the purpose of the Convention is to ensure that no form of compulsory labour, including compulsory prison labour, is used in the circumstances specified in the Convention. However, the Committee has observed that under various provisions of the abovementioned legislation, penalties of imprisonment involving compulsory labour may be imposed and are therefore not in line with the Convention.

Moreover, the Committee observes that according to the report of the United Nations High Commissioner for Human Rights of 2018, media professionals, activists and human rights defenders had their rights to freedom of expression and association restricted and were subjected to abductions, and arbitrary detention (A/HRC/37/46, paragraph 47). The Committee is therefore bound to express its deep concern at the current human rights situation in the country and recalls that restrictions on fundamental rights and liberties, including freedom of expression, may have a bearing on the application of the Convention, if such measures are enforced by sanctions involving compulsory labour. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee trusts that the necessary measures will be taken to bring the Publications Act No. 76 of 1972 into conformity with the Convention, and requests the Government to provide information on the progress made in this regard.

The Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.