E/C.12/LYB/CO/2
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B. Positive aspects
3.
The Committee welcomes the State party’s accession to the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families.
4.
The Committee notes with satisfaction that the State party hosted a technical assistance
mission of the International Labour Organization in July 2005, with the aim of fostering the
fulfilment of its obligations under several ILO social security conventions.
5.
The Committee notes with satisfaction the delegation’s statement that women may now
travel abroad freely.
6.
The Committee notes with satisfaction that the State party has the highest literacy and
educational enrolment rates in North Africa, and welcomes the high rates of female students in
schooling.
C. Factors and difficulties impeding the implementation of the Covenant
7.
The Committee notes the absence of any significant factors or difficulties impeding the
effective implementation of the Covenant in the State party.
D. Principal subjects of concern
8.
The Committee is concerned that its previous concluding observations have not been
taken into consideration by the State party.
9.
The Committee regrets that the State party was unable to provide case law relating to the
implementation of the Covenant, despite the fact that international treaties ratified by the State
party become legally binding and take precedence over domestic law.
10.
The Committee notes with concern that the State party has not yet established an
independent national human rights institution in accordance with the Paris Principles
(General Assembly resolution 48/134, annex).
11.
The Committee notes with concern that independent non-governmental organizations
dealing with issues relevant under the Covenant do not operate freely in the State party.
12.
The Committee is concerned about the absence of legislative measures to prohibit racial
discrimination, and regrets that the State party did not provide sufficient information on
measures adopted to guarantee that migrant workers are treated on a non-discriminatory basis,
namely in the fields of employment, housing, health services and education. It notes with
concern numerous reports about the existence of racial prejudices against Black Africans, which
on some occasions has led to acts of violence against them.
13.
The Committee is concerned that the State party does not have a law on asylum-seekers
and refugees, and that in the absence of a legal protection framework, the effective guarantee of
refugees and asylum-seekers’ rights, in particular their economic, social and cultural rights, are
seriously undermined.