5+ – No guarantee of rights due to breakdown of the rule of law
The ITUC Global Rights Index

Libya

Libya has struggled to rebuild state institutions since the ouster and subsequent death of former leader Muammar al-Qaddafi in October 2011. Rival armed groups, including security forces affiliated with the Tripoli-based Government of National Accord (GNA) and militia groups loyal to the rival Interim Government based in eastern Libya have continued to fight, killing civilians and destroying vital infrastructures. An estimated 1.3 million people are in need of humanitarian assistance in Libya. Tens of thousands of refugees, asylum-seekers and migrants remain in a bleak situation, as they were exposed to arbitrary arrest and abduction by militias and are regularly the victims of human trafficking and abuses by criminal groups.

In March 2020, Libyan delegates nominated a Government of National Unity as the new interim authority meant to replace previous opposing ones. Armed groups and authorities remained responsible for systematic abuses including thousands held in long-term arbitrary detention, unlawful killings, torture, and forced disappearances.

The ITUC does not have an affiliate in Libya.

Libya ratified Convention No. 87 on Freedom of Association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 2000 and Convention No. 98 on the Right to Organise and Collective Bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
(1949) in 1962.

In practice

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Attempt on life of trade union activist 08-11-2015

On 8 November, an attempt was made on the life of Nermin Al-Sharif, head of the Libyan Dockers’ and Seafarers’ Union. This well-known figure from the international trade union movement – she plays an active role, for example, in the International Transport Federation (IFT) - was at the wheel of a car on the outskirts of Benghazi when the occupants of two vehicles began pursuing her and shooting at her. Hit by a bullet, the trade unionist was unable to avoid crashing. She had to be hospitalised. This is the second attempt to murder Nermin Al-Sharif. Like many other human rights activists, she was targeted by fanatics. The ITF, in partnership with LabourStart, launched a petition calling on Prime Minister Abdullah al-Thinni to protect trade unionists and human rights defenders. Three other well-known Libyan activists have recently been murdered.

Fundamental trade union rights in the Libyan storm15-01-2015

The first strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
staged by a Libyan civil aviation union, which brought airport operations to a standstill across the country at the end of May, had to be suspended to allow the victims of injuries to receive medical attention. Against the background of widespread chaos, with militias waging battle, workers are faced with constant danger and unspeakable suffering. At the beginning of 2015, the general air transport union GATU and another union representing staff at the airport catering company tried, without success, to initiate a dialogue with their employer. Although the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
had to be suspended on humanitarian grounds, it enabled the two unions to negotiate the establishment of a works council works council 1. A body elected to represent the interests of workers within a workplace through communication and consultation with the employer e.g. concerning working conditions and health and safety issues. 2. A joint council composed of representatives of both workers and the employer for workplace-level discussions on matters of common interest. at which the workers’ demands could be discussed.

Oil guards strike20-08-2013
Freedom of association needs to be restored31-12-2011

There is no tradition of trade union organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. in Libya after 42 years of autocratic rule during which there was no tolerance of any independent trade union activity. The single national centre, the General Trade Union Federation of Workers’ (GTUFW) was under government control, despite claims of greater independence in recent years. Privatisation and the increasing number of foreign-owned companies led in recent years to some instances of workers trying to take collective action outside the official structures, although with little effect. Since the uprising some public sector workers have also begun to press for their rights. Healthcare workers and media professionals began protesting in November in Benghazi, calling for an end to administrative corruption and better working conditions. Employees of the naval base also protested, over unpaid salaries and a shortage of supplies. Much needs to be done to channel such protest movements into the building of a strong independent workers’ movement.

Migrant workers excluded from unions31-12-2010

Libya’s business boom has led to increasing reliance from the Maghreb, sub-Saharan Africa and Asia. It is estimated that over one fifth of the workforce are expatriates. Those from the Maghreb tend to be fairly well treated while migrant workers from sub-Sharan Africa and increasingly Asia often do menial jobs. During the year hundreds of Nepalese and Indian workers had to be repatriated by their governments as they were not being paid at all, while about 200 Bangladeshi workers went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for two weeks over non-payment of wages and beatings by management. Migrant workers cannot form their own unions, nor can they hold union office, and the official trade unions appear to be doing nothing to support or organise them.

Collective bargaining31-12-2010

The government has the right to set salaries unilaterally and even to cut them, as it has done repeatedly in the recent past, for instance with the national airline. So in practice, there is no real collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
at either the national or sectoral level. In the event of a dispute, the union centre approaches the management to find solutions and concludes an individual agreement with the company.

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