CERD/C/64/CO/4
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B. Positive aspects
4.
The Committee notes with appreciation that steps towards the ratification of the
International Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families have been taken.
5.
The Committee also notes with appreciation the steps taken by the State party to ratify
the amendments to article 8, paragraph 6, of the Convention.
C. Concerns and recommendations
6.
The Committee takes note again of the discrepancy between the assessment of the
State party, according to which Libyan society is ethnically homogenous, and information
indicating that Amazigh, Tuareg and Black African populations live in the country.
The Committee draws the attention of the State party to its general
recommendation IV (1973) as well as to paragraph 8 of its Reporting guidelines,
and reiterates its recommendation that information on the ethnic composition of
the population be provided in its next periodic report.
7.
The Committee regrets that no detailed information was provided by the State party on
non-citizens residing in the Libyan Arab Jamahiriya, despite the request made in its previous
concluding observations.
The Committee wishes to receive information in the next periodic report relating to
documented and undocumented migrant workers and members of their families, as
well as refugees, in particular regarding their country of origin, their status and
their living conditions. It invites the State party to ratify the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol.
8.
The Committee notes that the State party, in its periodic report, categorically maintains
that racial discrimination does not exist in the Libyan Arab Jamahiriya. It understands that, in
the view of the State party, although incidents of racial discrimination may occur, there is no
systematic racial discrimination on the part of the State party.
The Committee recommends that the State party conduct studies with a view to
effectively assessing and evaluating the occurrence of racial discrimination in the
country, and review its assessment.
9.
The Committee further notes the absence of comprehensive legislation to prevent and
prohibit racial discrimination, in particular under article 4 of the Convention. It wishes to
underline that, although the Convention prevails over the State party’s domestic law, article 4
cannot be directly implemented, as it calls for the enactment of specific provisions setting out
sanctions to be applied to offences strictly defined under the law.
The Committee recommends to the State party that it enact legislation responding
to all requirements of article 4 of the Convention.