ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

Individual Case (CAS) - Discussion: 2017, Publication: 106th ILC session (2017)

 2017-Libya-C182-En

A Government representative noted that Libya, since its independence in December 1951, had adopted many laws and regulations prohibiting and criminalizing child labour. Libya was applying the provisions of the Convention including through the application of the following laws: the Vagrant Young Persons Act (Law No. 5 of 1955); the Penal Code (Law No. 48 of 1956); the Law on the situation of minors (No. 17 of 1992); the Child Protection Law (No. 5 of 1997); Decision No. 100 of 1998 of the Council of Ministers, which relates to the establishment of the Higher Committee for Childhood Protection; and the Labour Relations Law No. 12 of 2010. Under section 27 of the Labour Relations Law No. 12 of 2010, it was not permitted for any person under 18 years of age to perform any type of work, unless work was performed for educational purposes or as part of apprenticeship or vocational training, from a minimum age of 16 years and on the condition that the health, safety and morals of the young person were safeguarded. Article 5 of that Law defined a young person as any natural person who had reached the age of 16 years but had not yet reached the age of 18 years. Section 10 of the Child Protection Law (No. 5 of 1997), also prohibited the employment of children in any work unless it was for the purpose of an apprenticeship, and based on the wish of the child. With respect to the worst forms of child labour, as set out in Article 3 of the Convention which included all forms of slavery or practices similar to slavery such as the sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflicts or other worst forms, as set out in clauses of Article 3. He mentioned that they were all prohibited in Libya and punishable by virtue of sections 406–416 of the Penal Code.

With regard to the reports of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya, dated 12 January 2015 and 15 February 2016, which contained information on the forcible recruitment of children and their use in armed conflict by armed groups that had pledged loyalty to the Islamic State in Iraq and the Levant (ISIL), the speaker drew attention to the fact that Libya had been facing its worst political crisis and escalation of violence since 2011. The legitimate Government of Libya, represented by the Presidency Council of the Government of National Accord had captured the last ISIL position in Sirte on 6 December 2016 and had officially announced on 17 December 2016 the liberation of the city of Sirte, which had been under ISIL control for more than a year and a half. The latest report by the United Nations Support Mission in Libya (UNSMIL), issued on 4 April 2017, stated that “local authorities had begun some rehabilitation work in Sirte as internally displaced people started to return to parts of the city” and that “a post-conflict stabilization plan for Sirte was developed under the supervision of the Presidency Council” (S/2017/283, paragraph 25). Furthermore, it should be noted that the head of UNSMIL and the Special Representative of the United Nations Secretary-General in Libya, Mr Martin Kobler, had stated in his most recent address to the Security Council on 7 June 2017 that “Daésh, while still a threat, was a shadow of what it had been just one year ago”. ISIL’s practices against children during its rule over Sirte, including the forcible recruitment of children into their military operations, the prohibition of children from enrolment in school, and the forcing of girls to wear the veil, was brought to an end after the victory over ISIL in Sirte, and children had returned to their studies. In view of the horrendous acts perpetrated by the groups operating outside the law, and in particular the terrorist organization ISIL, the Libyan State had expected to be supported in its efforts against terrorism instead of being called before the Conference Committee. In spite of its modest military capabilities and the arms embargo imposed on it by the Security Council, Libya had managed to defeat ISIL and to dislodge it from the towns of Darna, Sabratha and finally Sirte.

Noting that education was a fundamental human right, he stressed that every citizen had a right to education in Libya, and that education was divided into three levels, with a mandatory elementary schooling of nine years, secondary school and vocational training, in addition to university education; all of which were free of charge in all parts of Libya. With regard to the Committee’s comments concerning the decrease in the number of pupils in elementary education from 1,056,565 in 2009–10 to 952,636 in 2010–11, it should be noted that such a decrease was not due to insufficient school enrolment, but due to the ratio of students entering the elementary level to the number of students completing the secondary level of education. For example, the number of elementary school students had increased once again in the school year 2011–12 to a total of 1,003,865. According to a press release by the Ministry of Education issued in August 2015, the average annual number of pupils in Libya in the period 2011–15 had reached 1,024,945. In spite of the exceptionally difficult situation of the educational sector in Libya during that period, most elementary and secondary schools had been opened. Where schools had been destroyed or located in conflict areas or occupied by internally displaced persons, other facilities had been found in some of those regions to enable students to continue their studies. In the current school year 2016–17, all schools had opened their doors at the scheduled date, with the exception of a few damaged schools in Sirte and Benghazi, which had opened upon confirmation that they had been cleared from any remaining damage caused by military operations. Thus, it had become possible for all elementary and secondary school students to take their final examinations for the school year 2016–17 at the end of May 2017, with the examinations for the completion of the elementary level scheduled to commence on 2 July 2017, and for the secondary level on 16 July 2017. Overall, 137,947 students (boys and girls) would take their exams for the completion of both the elementary or secondary levels in 2017. The Presidency Council of the Government of National Accord had given special importance to human rights issues, including the rights of children, women and persons with special needs, as well as the rights to education, health and development, among other rights that respected the religious and cultural identity of the Libyan people. Importance was also given to ensuring the rights of women, as equal partners to men, since they represented the other half of society. To that end, the Presidency Council had taken an important step in issuing a decree on the establishment of a unit for the empowerment of women, with a view to strengthening their role and their participation in the efforts aimed at building the State. Finally, he noted that Libya was not among the States which were listed in the annexes to the reports of the UN Secretary-General on children and armed conflict. He emphasized the importance of continued support from the international community to the efforts of the Presidency Council of the Government of National Accord to build the institutions of the State, and strengthen its authority throughout the entire territory, as well as support for its policies and measures to enable the armed forces and police to play their role in an exemplary manner, and to conduct an effective programme for demobilization, disarmament and reintegration, while ensuring respect for human rights and human dignity, and moving the country forward on the path to development.

The Worker members stated that the 2017 report of the Committee of Experts drew attention to two main issues: the compulsory recruitment of children for armed conflict and access to free basic education. They recalled that Libya continued to suffer from armed conflict and that, according to the UN Deputy High Commissioner for Human Rights, proliferation of armed groups had led to serious violations and abuses of human rights, including, abduction, torture and killings of civilians and children, as well as forced recruitment and use of children by groups pledging allegiance to the Islamic State in Iraq and Levant (ISIL). Some examples of such practices were provided. The 2017 Human Rights Watch (HRW) country report on Libya highlighted that ongoing insecurity had led to the collapse of the criminal justice system that would otherwise punish perpetrators of child labour – courts either remained shut or operated at a reduced level and areas under ISIL control were subjected to their own interpretation of Sharia law. Refugee and internally displaced children were particularly vulnerable to the worst forms of child labour. The 2017 UNICEF study entitled “A Deadly Journey for Children” found that women and children had paid smugglers under “pay-as-you-go” schemes, leaving many of them in debt and vulnerable to abuse, abduction and trafficking, and children whose parents had not paid enough were held for ransom. ISIL was also paying the smugglers’ fees in an attempt to attract and recruit unaccompanied child refugees, thus highlighting their potential vulnerability to radicalization. To underline the issues at stake, they recalled in detail the conclusions of the Committee of Experts made under Articles 1 and 3 of the Convention. With regard to access to free basic education, the conclusions of the Committee of Experts made under Article 7(2) of the Convention were recalled and the situation in Libya was outlined, as documented by the UN in January 2015, by HRW in November 2016 and by the UN Secretary-General in his 2016 Annual Report on children and armed conflict. According to those sources, explosive remnants of war had remained a major hazard for children; schools in Tripoli, Benghazi, Gandoufa and other places had been extensively damaged or destroyed by indiscriminate shelling; others had been closed and converted into makeshift shelters for internally displaced persons; and some had been used by armed groups for launching attacks, particularly in the Warshafana areas and Nafusa mountains, or as a detention facility by the Darna Mujahideen Shura Council; girls had been attacked and harassed by armed groups on their way to school in Tripoli; in certain areas controlled by Ansar al-Sharia, parents were afraid to send girls to school out of fear of abductions; and in Sirte and other areas controlled by groups pledging allegiance to ISIL, girls were not allowed to attend schools or permitted to do so only if wearing a full face veil; and even where schools remained standing and operating, parents refrained from sending children to school out of fear of injury during attacks. As a result, children’s access to education had been severely limited and compromised by the conflict in Libya. In conclusion, the Worker members urged the Government to prioritize the rights of children and take practical measures to ensure that the prohibitions in law had real effect. What was needed was an effective programme to eliminate the worst forms of child labour, as well as immediate and comprehensive action, taking into account the importance of free basic education, the need to remove children from the worst forms of child labour, and to provide for their rehabilitation and social integration.

The Employer members emphasized that, in approximately 17 countries around the world, tens of millions of boys and girls were involved in fighting the wars of adults. Some were used as soldiers and took part directly in hostilities, while others were assigned to more logistical functions, or were subjected to sexual abuse. Those children were abducted, recruited against their will or enlisted of their own will for various reasons, without knowing the consequences. They reiterated that Convention No. 182 defined the forced or compulsory recruitment of children for use in armed conflict as one of the worst forms of child labour. It was also a violation of human rights and a war crime. The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict prohibited any recruitment, whether compulsory or voluntary, of persons under 18 years of age by armed forces or armed groups. The Rome Statute of the International Criminal Court also defined a war crime as giving rise to individual liability, the conscription or enlistment of children under the age of 15 years into the armed forces or using them to participate actively in hostilities. The situation in Libya was serious and complex. The position of children affected by armed conflict in the country was deplorable. Libya was subject to a state of war, faced with the worst of political crises and an escalation of violence, which even included the bombing of hospitals and schools. Such devastating events happened in the absence of the rule of law, when there were no valid counterparts and it could be said that various governments and a state of war or guerrilla war coexisted within the same territory. The rule of law, a fundamental aspect which should never be lost, and a single and effective government, would be the beginning of any solution that could be found to the chaos prevailing in Libya. It was clear from the report of the Committee of Experts that the recruitment of children for the purpose of war, which was a calamity for the child’s present and future, including compulsory religious and military training, which involved watching videos of decapitations, as well as being abused sexually, was undertaken by the ISIL, or warlike armed groups. In a state of war it was also difficult, for the State as such, to change such disastrous conduct without the situation of war first coming to an end and control being re-established over its territory. If it could not control the warlike groups, it would not be able to control effectively their flagrant violations of the Convention, and would not be in a position to offer security to children through education. The situation would be different if it was the Government of Libya that was engaged in such types of conduct that were in violation of the rights of children, but that did not come out of the report of the Committee of Experts. The international community as a whole needed to be aware of the extreme gravity of the situation in Libya and the harm that was being caused to all of its citizens, but particularly, and more seriously, to children. Although they recognized the complexity of the situation on the ground and the presence of armed groups and armed conflict in the country, the Employer members backed the call made by the Committee of Experts, and strongly urged the Government, despite the difficulties outlined above, to adopt on the most urgent possible basis: (1) measures to guarantee the full and immediate demobilization of all children and to halt in practice the forced recruitment of children under 18 years old by armed groups; and (2) immediate and effective measures to ensure that the thorough investigation and robust prosecution of all persons who recruited children under 18 years of age for use in armed conflict, and to impose in practice sufficiently effective and dissuasive penalties. The Employer members called on the Government to adopt effective measures as soon as possible to provide for the social and educational rehabilitation and integration of children, and to provide information on the measures taken for that purpose and the results achieved. In view of the complexity of the situation in Libya, and taking the opportunity of the tripartite discussion in the present Committee, the Employer members issued an urgent call to the international community for collaboration to bring an end to the armed conflict, and therefore to eliminate all types of child labour, including its worst forms, in practice as soon as possible. In its report, the Committee of Experts also asked whether legislation existed establishing criminal penalties for drug trafficking, the production or use of indecent materials, and whether the list of hazardous types of work had been reviewed. It would be important to improve the legislation so that it specifically covered these matters, rather than the generic regulation that currently existed. The Employer members indicated that it was important for the rule of law to be re-established soon and for the international community and the ILO to make greater efforts to assist in this institutional recovery, which would undoubtedly help to mitigate the scourge faced by the country, and the daily suffering of its children.

The Worker member of Libya noted that in the period since 2011 terrorism and extremism had spread, and many military officers, journalists and civil society activists had been attacked or assassinated. ISIL and Al-Qaida had entered Libya, and different armed groups and militias had pledged allegiance to them. They had not been defeated yet and remained in a position to recruit children among their ranks. Those children were then moved to camps in Turkey, near the Syrian border, where the worst forms of child labour were occurring, as indicated in the comments of the Committee of Experts, and as defined in Article 3(d) of the Convention. In Syria, they were trained for combat with the financial support of those States that supported and exported terrorism. At the same time, the Libyan armed forces became organized and trained their soldiers. With due regard to the laws in compliance with the Convention, they began to fight terrorism in Benghazi and Darna and liberated many towns and villages from the hands of the terrorists, giving people back their lives and returning children to their schools. However, there were major problems of displacement with many vagrant children dreaming of returning to their homes. This was the reason for decreasing numbers of enrolment in primary schools and the deterioration of education since 2011. Numerous children were living in camps, with thousands displaced in Benghazi and Tripoli, and many of them dispersed in other cities. As had been mentioned in the report of the Committee of Experts, the Government must take efforts to adopt preventive measures to ensure access to basic education and prohibit the recruitment of children by armed militias. The lack of education was one of the major problems faced by children, such as in the town of Tawarga. Children were deprived of education in their early years. After a long period of time, they had been given the means to study in the towns and camps in which they had sought refuge. However, their situation and inappropriate environment had a profound effect on their psyche. Some of them were unable to attend school. They desperately needed to be psychologically rehabilitated. Their conditions pushed them to migrate to Europe on death boats. Moreover, there was another problem which had resulted in the decrease of the number of students, in particular the forcible displacement of about 20,000 families outside of Libya since 2011, with some of them living in poor and difficult conditions. Expressing her full support for the recommendations of the Committee of Experts, she urged the Libyan Government to take measures against child labour, including measures for the safe return of the displaced to their homes in a defined period, including to the town of Tawarga, without retaliation and guaranteeing protection. The same had to be ensured for refugees who had been displaced from Libya since 2011. The aim of such measures was to ensure that all children who had been deprived of education and their most basic rights could enjoy education and a life in dignity. The Government should also prosecute all terrorists and armed groups and militias that forcibly recruited children under the age of 18 and impose severe and dissuasive penal sanctions.

The Employer member of South Africa recalled the need to continue helping Libya to resolve the current problem through international organizations, and stated that the Government of Libya must ensure that full free basic education, rehabilitation and reintegration of all children within the territories that it currently controlled took place. It was urgent to bear in mind that the very future of Libya depended on such rehabilitation.

The Worker member of Italy supported the position expressed by the Worker member of Libya and added some comments. The line between slavery, human trafficking and smuggling was very slender and child refugees were particularly vulnerable to child labour in this process of exploitation. Many of the refugee children arriving in Italy had been formerly recruited into armed groups or subjected to forced labour in Libya, which had had a profound impact on their lives and future. Moreover, internally displaced and refugee children in Libya were particularly vulnerable to radicalization by groups such as ISIL who targeted them in schools and elsewhere. The problem of child labour, especially recruitment into armed militias, needed to be addressed at source. There was a need for the Libyan Government to take urgent and time-bound measures to commit sufficient resources to protect children and provide parents with the confidence that their children would be safe and secure in attending public, universal and free schools, which was an extremely urgent priority. Violence and human rights abuses were at the origin of the problems of child labour, and the Government of Libya had its own responsibility to address its role in ending it, as well as in the management of state detention centres for refugees and the internally displaced. She stated that the Italian trade unions had first supported the draft and then welcomed the law adopted last April, which properly addressed the legislative gaps found in the field of protection and integration of unaccompanied minors who come to Italy, such as the equal treatment with minors having Italian citizenship in section 1 and the non-refoulement of minors in any case in section 3. However, the point was to ensure the protection of children when they were in Libya, where there was a role for the international community as well. The Government of Libya needed to do more in practice to take immediate and effective measures to prevent the recruitment process as a matter of urgency and to restore its criminal justice system in order to prosecute the perpetrators of child labour. It must also ensure that child refugees or internally displaced children had access to an education, and received rehabilitation and social integration so that they had some prospects of a brighter future in Italy or in Libya.

The Government member of Egypt took note of the Government representative’s statement concerning the relevant laws and regulations on the worst forms of child labour and related sanctions. The Government of Libya was facing a war against terrorism, which had begun to bear fruit by eliminating terrorist organizations, as mentioned in the UN report referred to by the Government’s representative. The Government had made its efforts to counter terrorism and eliminate exactions against children. The Government was thus encouraged to pursue its efforts in that area and to avail itself of the technical assistance of the ILO in that regard, in order to ensure full compliance with Convention No. 182 and other ILO Conventions in general.

The Worker member of Spain underscored the importance of access to basic education as a key preventive measure against child labour and the recruitment of children into armed forces by non-state military actors in Libya. As established in the Preamble to Convention No. 182, child labour was largely caused by poverty and the long-term solution lay in sustained economic growth leading to social progress, in particular poverty alleviation and universal education. Child labour could be avoided in Libya and in any other country. It was possible to prevent child labour and education was a key aspect in what should be a multisectoral approach to eliminate this practice. The situation was complicated and political divisions were rife in the country. Non-state actors prevailed and the United Nations recognized one of the three Ministries of Education. The Government of Libya should nevertheless step up efforts to adopt time-bound measures to prevent children’s participation in hazardous labour and to eliminate child labour in general. The 2017 report of the Committee of Experts and the aforementioned UNICEF study condemned the living conditions of children and the vulnerable situation of young people forced to live in militia-run detention centres, which were no more than forced labour camps. Hundreds of thousands of young people were deprived of their basic human rights, forced into prostitution, and subject to extreme physical and psychological violence. In Sirte, for example, an estimated 10,420 returnee children (8,300 of primary school age; 2,120 of secondary school age) urgently needed education and psycho-social support. Furthermore, data obtained by UNICEF through the head of the Sirte regional education office in December 2016 showed that of the 101 schools in the city, which held 35,400 pupils (18,995 girls and 16,405 boys), 39 had been partially destroyed and two completely destroyed. According to the second principle of the Declaration of the Rights of the Child, “the child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him/her to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity”. In order to give effect to and strengthen the application of the fundamental principles of the Convention, the Government of Libya must guarantee basic education in the areas of the country most in need, especially those affected by the conflict and those hardest to access, as well as to populations that had been entirely displaced or had received a considerable number of internally displaced persons and refugees. The Government of Libya was therefore called upon to fulfil its obligations under Article 7(2)(a) and (c) of the Convention by taking effective time-bound measures to ensure access to free basic education and, wherever possible, appropriate vocational training, for all children removed from the worst forms of child labour.

The Government member of Zimbabwe noted the submissions of the Government of Libya and urged the Committee to note and appreciate the efforts made by the Government of Libya under the current circumstances. Collective action was necessary in the fight against child labour, and the tripartite constituents in Libya should prioritize social dialogue and collaborate towards the elimination of child labour. Zimbabwe appreciated the show of commitment demonstrated by the Government of Libya, and called on the ILO to offer technical assistance to Libya in that regard.

The Government member of Algeria pointed out that the spirit of the ILO fundamental and governance Conventions was embodied in the legislative and regulatory system in Libya, under which the public authorities applied laws and regulations in organizing and managing their essential services. The Government had made efforts to protect children and prevent child labour by combating all forms of child labour in the country’s particular economic and security conditions. In doing so, the Government protected children from intolerance and terrorism. The international community should help, encourage and support Libya in overcoming its crisis.

The Government representative indicated that the Government of Libya sought to stabilize the country. It was well known that the Libyan dictatorship had caused problems in the country for a long time, which, with ILO and international support, would be overcome. The report of the Committee of Experts was about terrorist groups and not the State of Libya. ISIL was using children for acts of terrorism and warfare. Migration flows through the country had also generated difficulties. Most migrants came from sub-Saharan Africa. While the Government had negotiated with the European Union with a view to resolving the crisis, hundreds of thousands of migrants remained homeless as they waited to migrate to Europe. As for education, it was not exactly as stated in the report, which referred to situations before 2011. Since then, primary schools had been progressing in stages and the current basic education system had been progressively restored. He stated that the economy of Libya had declined owing to the fluctuation of oil prices and problems in the oil regions, and caused financial problems in the country. The Government would address the subsequent problems in the education sector, in particular since it affected all families. He hoped that the Committee’s conclusions would serve to support Libya and that the country would receive ILO technical assistance.

The Employer members took note of the statements made by the speakers and emphasized that everyone agreed that Libya was in a state of conflict and that the situation was complex. The Government had reported on actions taken in order to, among other things, improve education and increase the number of children in school. There were no magic solutions and waving a magic wand would not help. The adoption of legislation was not sufficient to resolve the situation either. The Employers’ group called on the international community, the workers, the employers and the ILO to work together towards a solution to guarantee the demobilization of children in guerrilla groups, and their social and educational rehabilitation and integration.

The Worker members acknowledged the difficulties faced by Libya in complying with its international obligations in the context of an ongoing armed conflict but highlighted the need to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. While it was the primary responsibility of the Government, the international community should provide the necessary assistance, resulting in a form of joint responsibility. Although the Government claimed to have the legal provisions in place to address the problems identified by the Committee of Experts, it should also show the political will to commit adequate material resources to eliminate child labour in practice. To that effect, the Government was expected to recommit to its obligations to achieve the implementation of the Convention in practice and, in particular, to:

– take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age;

– take immediate and effective measures to ensure that thorough investigations and robust prosecutions of all persons forcibly recruiting children under 18 years of age for use in armed conflict were carried out, and that sufficiently effective and dissuasive penalties were imposed in practice;

– take effective and time-bound measures to provide for the rehabilitation and social integration of children, and to provide information on the measures taken in that regard and on the results achieved; and

– take effective and time-bound measures to improve the functioning of the education system in the country, and to facilitate access to free basic education for all children, particularly girls, children in areas affected by armed conflict, and internally displaced children.

In conclusion, the worker members reiterated that action by the Government was needed as a matter of urgency, and the international community was called on to provide the necessary assistance in that regard.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed.

While acknowledging the complexity of the situation prevailing on the ground and the presence of armed conflict, the Committee deeply deplored the current situation where children are forcibly required by armed groups pledging allegiance to the Islamic State in Iraq and Levant (ISIL) to undergo military and religious training. Furthermore, the Committee deeply deplored the situation of children, especially girls, who are deprived of education due to the situation in the country where although mandatory and free education exists in the country, many schools were closed, damaged and used as military or detention facilities which prohibits children from attending them.

Taking into account the discussion of the case, the Committee urged the Government of Libya, with the technical assistance of the ILO, to:

- take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups;

- take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out and that sufficiently effective and dissuasive penalties are imposed in law and in practice;

- take effective and time-bound measures to provide for their rehabilitation and social integration and to provide information on the measures taken in this regard and on the results achieved.

The Committee called on the ILO, the international community and employers’ and workers’ organizations to collaborate with the goal of eliminating all forms of child labour, including the worst forms of child labour without delay.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 1 of the Order of 26 September 1969 on prohibiting trafficking in labour makes it an offence to traffic in workers; sections 412 and 413 of the Penal Code provide for penalties for the offences related to the abduction or detention of persons under the age of 18 years, by threat or force (for a person under 14 years, even without threat or force) for committing lewd or indecent acts; and section 426 of the Penal Code punishes any person who buys, sells, traffics or deals in slaves or persons in a condition resembling slavery. The Committee observed that these provisions appear to only protect children from some forms of trafficking, and constitute an incomplete prohibition, as provided for in Article 3(a) of the Convention. It further observed that the Order of 26 September 1969 only prohibits trafficking for the purpose of labour exploitation and does not address the trafficking of children for the purpose of sexual exploitation. Finally, the Committee observed that the prohibition on kidnapping does not appear to address the sale or purchase of a child for the purpose of sexual exploitation, nor the transport of a trafficked child.
The Committee notes the Government’s reference, in its report, to section 418 of the Penal Code which provides for penalties for compelling a woman to migrate abroad for prostitution. This provision also prescribe penalties, if the above offence is committed against a minor. However, the Committee observes that this provision appears to cover only minor girls and the penalties apply only for international trafficking.The Committee therefore requests the Government to take the necessary measures to ensure that a comprehensive prohibition on all forms of trafficking in children, which includes internal trafficking as well as trafficking of all children, including boys under the age of 18 years for the purpose of sexual exploitation, is adopted in the near future. It requests the Government to provide information on any measures taken in this regard.
Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the provisions referenced by the Government (particularly section 1 of Act No. 56 of 1970 on the protection of morals in public places, section 1 of the Vagrant Young Persons Act of 5 October 1955 and the Penal Code) only prohibited public indecency, public distribution or exposing of pornographic materials and public pornographic performances, and did not explicitly prohibit the use, procuring or offering of persons under the age of 18 for the production of pornography.
The Committee notes that according to section 409 of the Penal Code, anyone who incites a minor under the age of 18 years to commit indecent acts or assists, enables or facilitates the minor in any way to commit a lewd act shall be punished.The Committee requests the Government to indicate if the prohibition under section 409 covers the use, procuring or offering of children for the production of pornography or for pornographic performances.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that, while the production and trafficking of drugs is effectively prohibited in national legislation, the use, procuring or offering of a child for that objective, is not.
The Committee notes that the Government refers to section 463 of the Penal Code which states that anyone who, to secure a benefit for himself or another, takes advantage of the needs, weakness or inexperience of a person under the age of 21 years and induces him to carry out an action with legal effect designed to harm his interests or the interests of others shall be punished. The Government further refers to section 474 of the Penal Code which provides for penalties for employing a juvenile under the age of 18 years to conduct the trade of an itinerant vendor (who does trade without licence from the competent authorities or who does not observe the conditions prescribed by law for such practice or trade).The Committee requests the Government to provide information on the application in practice of sections 463 and 474 of the Penal Code with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2017.
Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)
The Committee notes the detailed discussion which took place at the 106th Session of the Conference Committee on the Application of Standards in June 2017, concerning the application by Libya of the Convention.
Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Compulsory recruitment of children for armed conflict and penalties. In its previous comments, the Committee noted from the Report on the Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya (A/HRC/31/47 and A/HRC/31/CRP.3, detailed findings) of 15 February 2016 (Investigation Report by the OHCHR), that there was information on the forced recruitment and use of children in hostilities by armed groups pledging allegiance to the Islamic State in Iraq and Levant (ISIL). These children were forced to undergo religious and military training (including how to use and load guns and to aim and shoot at targets using live ammunition), watch videos of beheadings, used to detonate bombs, in addition to being sexually abused. This Report, further referring to another report, indicated that the Islamic State in Sirte welcomed the graduation of 85 boys below the age of 16, describing them as the “Khilapha Cubs” who were trained in conducting suicide attacks.
The Committee notes the observations of the IOE that the position of children affected by armed conflict in the country was deplorable and that the recruitment of children for the purpose of war which included compulsory religious and military training was a calamity for the child’s present and future situation.
The Committee notes that the Government representative of Libya, during the discussion at the Conference Committee, while acknowledging the situation of severe political crisis and escalation of violence since 2011, stated that his Government, represented by the Presidency Council of the Government of National Accord had captured the last ISIL position in Sirte on 6 December 2016 and had officially declared the liberation of the city which had been under ISIL control for over one and a half years. Hence, the ISIL’s practices against children, including the forcible recruitment of children into their military operations and the prohibition of children from enrolling in school was brought to an end.
The Committee also notes that at the Conference Committee, the Worker members recalled that Libya continued to suffer from armed conflict and that the proliferation of armed groups had led to serious violations and abuses including the forced recruitment and use of children by different armed groups pledging allegiance to ISIL. The Worker member of Libya, added that those children who were recruited by the armed groups were moved to camps in Turkey near the Syrian border, where they were trained for combat with the financial support of those States that supported and exported terrorism.
The Committee notes that the Conference Committee deeply deplored the situation of children who were forcibly required by armed groups pledging allegiance to ISIL to undergo military and religious training.
The Committee notes the Government’s information in its report that following the expulsion of the ISIL from Sirte and its suburbs, a post-conflict stabilization plan for Sirte was developed under the supervision of the Presidency Council. Moreover, measures were taken by the Libyan security agencies under the Ministry of Interior to prevent children from being lured or groomed into criminal activity and severe punishments were imposed on persons who were involved in such activity. In addition, at the beginning of 2017, UNICEF, in collaboration with municipalities, launched a national campaign “Together for Children” to ensure that children do not get involved in armed conflict.
The Committee notes, however, from the Report of the Secretary-General on Children and Armed Conflict of 16 May 2018 (A/72/865-S/2018/465, paragraph 106) that cases of use of children by armed groups continue to be reported. In October 2017, 125 adolescents formerly associated with the armed groups in the Zintan municipality were released. The Committee further notes that the Secretary-General expressed concern at the reports of sexual violence and other violations committed against children, including use in armed conflict and trafficking of children. While noting some of the measures taken by the Government, the Committee must express its deep concern at the continued use and recruitment of children by armed groups and at the current situation of children affected by armed conflict in Libya, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence.While acknowledging the difficult situation prevailing in the country, the Committee strongly urges the Government to take the necessary measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups. It also urges the Government to continue to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the measures taken in this regard and on the results achieved.
Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted from the Investigation Report by the OHCHR, that access to education in Libya had been significantly curtailed due to the armed conflict, particularly in the east (for example, the Office for the Coordination of Humanitarian Affairs estimated, in September 2015, that 73 per cent of all schools in Benghazi were not functioning). Schools were either damaged, destroyed, occupied by internally displaced persons, converted into military or detention facilities, or were otherwise dangerous to reach. In addition, in many areas where schools remained open, parents refrained from sending their children to school for fear of injury from attacks, especially of girls being attacked, harassed or abducted by armed groups. Moreover, there were reports that in areas controlled by groups pledging allegiance to ISIL, girls were not allowed to attend school or were permitted only if wearing a full face veil. This report further indicated that children residing in camps for the internally displaced persons, faced particular challenges in their access to education.
The Committee notes the Worker members’ statement at the Conference Committee that children’s access to education had been severely limited and compromised by the conflict in Libya.
The Committee notes that the Conference Committee deeply deplored the situation of children, especially, girls, who were deprived of education due to the situation in the country where although mandatory and free education existed, many schools were damaged and used as military or detention facilities which prohibited children from attending them.
In this regard, the Committee notes the Government’s indication that following the expulsion of ISIL, there has been a rise in the number of children enrolled in schools. It also notes that the Government, along with the United Nations Development Programme, undertook the maintenance of a number of schools and by the school year 2017–18, all schools were opened on scheduled time for pupils. The Committee notes, however, from the UNICEF Humanitarian Situation report of September 2018 that around 300,000 children in Libya are in need of education.The Committee therefore, urges the Government to take effective and time-bound measures to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, particularly girls, children in areas affected by armed conflict, and internally displaced children. It requests the Government to provide information on concrete measures taken in this regard and the results achieved.
Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children in armed conflict. The Committee notes the Government’s indication that in Sirte, the Government social workers are engaged in a project to rehabilitate former child soldiers, which includes medical and psychological assistance as well as enrolling them in educational and training programmes. In addition, the UNICEF national campaign “Together for Children” also involves establishing rehabilitation centres to reintegrate children, including former child soldiers, into schools and the community. The Committee notes, however, from the Report of the Secretary-General (paragraph 107) that in the context of the fight between the Libyan National Army (LNA) and the Petroleum Facilities Guard (PFG), boys as young 10 years of age were arrested and detained for up to seven weeks by the LNA for their alleged association with PFG. The Committee expresses its deep concern at the practice of arrest and detention of children for their alleged association with armed forces or groups. In this regard, the Committee must emphasize that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see 2012 General Survey on the fundamental Conventions, paragraph 502).The Committee, therefore, urges the Government to take the necessary measures to ensure that children removed from armed forces or groups are treated as victims rather than offenders. It also urges the Government to continue to take effective and time-bound measures to remove children from armed forces and groups and ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the number of children removed from armed forces and groups, and reintegrated.
Noting the interest expressed by the Government representative in obtaining technical assistance, 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.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 1 of the Order of 26 September 1969 on prohibiting trafficking in labour makes it an offence to traffic in workers; sections 412 and 413 of the Penal Code provide for penalties for the offences related to the abduction or detention of persons under the age of 18 years, by threat or force (for a person under 14 years, even without threat or force) for committing lewd or indecent acts; and section 426 of the Penal Code punishes any person who buys, sells, traffics or deals in slaves or persons in a condition resembling slavery. The Committee observed that these provisions appear to only protect children from some forms of trafficking, and constitute an incomplete prohibition, as provided for in Article 3(a) of the Convention. It further observed that the Order of 26 September 1969 only prohibits trafficking for the purpose of labour exploitation and does not address the trafficking of children for the purpose of sexual exploitation. Finally, the Committee observed that the prohibition on kidnapping does not appear to address the sale or purchase of a child for the purpose of sexual exploitation, nor the transport of a trafficked child.
The Committee notes the Government’s reference, in its report, to section 418 of the Penal Code which provides for penalties for compelling a woman to migrate abroad for prostitution. This provision also prescribe penalties, if the above offence is committed against a minor. However, the Committee observes that this provision appears to cover only minor girls and the penalties apply only for international trafficking. The Committee therefore requests the Government to take the necessary measures to ensure that a comprehensive prohibition on all forms of trafficking in children, which includes internal trafficking as well as trafficking of all children, including boys under the age of 18 years for the purpose of sexual exploitation, is adopted in the near future. It requests the Government to provide information on any measures taken in this regard.
Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the provisions referenced by the Government (particularly section 1 of Act No. 56 of 1970 on the protection of morals in public places, section 1 of the Vagrant Young Persons Act of 5 October 1955 and the Penal Code) only prohibited public indecency, public distribution or exposing of pornographic materials and public pornographic performances, and did not explicitly prohibit the use, procuring or offering of persons under the age of 18 for the production of pornography.
The Committee notes that according to section 409 of the Penal Code, anyone who incites a minor under the age of 18 years to commit indecent acts or assists, enables or facilitates the minor in any way to commit a lewd act shall be punished. The Committee requests the Government to indicate if the prohibition under section 409 covers the use, procuring or offering of children for the production of pornography or for pornographic performances.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that, while the production and trafficking of drugs is effectively prohibited in national legislation, the use, procuring or offering of a child for that objective, is not.
The Committee notes that the Government refers to section 463 of the Penal Code which states that anyone who, to secure a benefit for himself or another, takes advantage of the needs, weakness or inexperience of a person under the age of 21 years and induces him to carry out an action with legal effect designed to harm his interests or the interests of others shall be punished. The Government further refers to section 474 of the Penal Code which provides for penalties for employing a juvenile under the age of 18 years to conduct the trade of an itinerant vendor (who does trade without licence from the competent authorities or who does not observe the conditions prescribed by law for such practice or trade). The Committee requests the Government to provide information on the application in practice of sections 463 and 474 of the Penal Code with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2017.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

The Committee notes the detailed discussion which took place at the 106th Session of the Conference Committee on the Application of Standards in June 2017, concerning the application by Libya of the Convention.
Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Compulsory recruitment of children for armed conflict and penalties. In its previous comments, the Committee noted from the Report on the Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya (A/HRC/31/47 and A/HRC/31/CRP.3, detailed findings) of 15 February 2016 (Investigation Report by the OHCHR), that there was information on the forced recruitment and use of children in hostilities by armed groups pledging allegiance to the Islamic State in Iraq and Levant (ISIL). These children were forced to undergo religious and military training (including how to use and load guns and to aim and shoot at targets using live ammunition), watch videos of beheadings, used to detonate bombs, in addition to being sexually abused. This Report, further referring to another report, indicated that the Islamic State in Sirte welcomed the graduation of 85 boys below the age of 16, describing them as the “Khilapha Cubs” who were trained in conducting suicide attacks.
The Committee notes the observations of the IOE that the position of children affected by armed conflict in the country was deplorable and that the recruitment of children for the purpose of war which included compulsory religious and military training was a calamity for the child’s present and future situation.
The Committee notes that the Government representative of Libya, during the discussion at the Conference Committee, while acknowledging the situation of severe political crisis and escalation of violence since 2011, stated that his Government, represented by the Presidency Council of the Government of National Accord had captured the last ISIL position in Sirte on 6 December 2016 and had officially declared the liberation of the city which had been under ISIL control for over one and a half years. Hence, the ISIL’s practices against children, including the forcible recruitment of children into their military operations and the prohibition of children from enrolling in school was brought to an end.
The Committee also notes that at the Conference Committee, the Worker members recalled that Libya continued to suffer from armed conflict and that the proliferation of armed groups had led to serious violations and abuses including the forced recruitment and use of children by different armed groups pledging allegiance to ISIL. The Worker member of Libya, added that those children who were recruited by the armed groups were moved to camps in Turkey near the Syrian border, where they were trained for combat with the financial support of those States that supported and exported terrorism.
The Committee notes that the Conference Committee deeply deplored the situation of children who were forcibly required by armed groups pledging allegiance to ISIL to undergo military and religious training.
The Committee notes the Government’s information in its report that following the expulsion of the ISIL from Sirte and its suburbs, a post-conflict stabilization plan for Sirte was developed under the supervision of the Presidency Council. Moreover, measures were taken by the Libyan security agencies under the Ministry of Interior to prevent children from being lured or groomed into criminal activity and severe punishments were imposed on persons who were involved in such activity. In addition, at the beginning of 2017, UNICEF, in collaboration with municipalities, launched a national campaign “Together for Children” to ensure that children do not get involved in armed conflict.
The Committee notes, however, from the Report of the Secretary-General on Children and Armed Conflict of 16 May 2018 (A/72/865-S/2018/465, paragraph 106) that cases of use of children by armed groups continue to be reported. In October 2017, 125 adolescents formerly associated with the armed groups in the Zintan municipality were released. The Committee further notes that the Secretary-General expressed concern at the reports of sexual violence and other violations committed against children, including use in armed conflict and trafficking of children. While noting some of the measures taken by the Government, the Committee must express its deep concern at the continued use and recruitment of children by armed groups and at the current situation of children affected by armed conflict in Libya, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. While acknowledging the difficult situation prevailing in the country, the Committee strongly urges the Government to take the necessary measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups. It also urges the Government to continue to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the measures taken in this regard and on the results achieved.
Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted from the Investigation Report by the OHCHR, that access to education in Libya had been significantly curtailed due to the armed conflict, particularly in the east (for example, the Office for the Coordination of Humanitarian Affairs estimated, in September 2015, that 73 per cent of all schools in Benghazi were not functioning). Schools were either damaged, destroyed, occupied by internally displaced persons, converted into military or detention facilities, or were otherwise dangerous to reach. In addition, in many areas where schools remained open, parents refrained from sending their children to school for fear of injury from attacks, especially of girls being attacked, harassed or abducted by armed groups. Moreover, there were reports that in areas controlled by groups pledging allegiance to ISIL, girls were not allowed to attend school or were permitted only if wearing a full face veil. This report further indicated that children residing in camps for the internally displaced persons, faced particular challenges in their access to education.
The Committee notes the Worker members’ statement at the Conference Committee that children’s access to education had been severely limited and compromised by the conflict in Libya.
The Committee notes that the Conference Committee deeply deplored the situation of children, especially, girls, who were deprived of education due to the situation in the country where although mandatory and free education existed, many schools were damaged and used as military or detention facilities which prohibited children from attending them.
In this regard, the Committee notes the Government’s indication that following the expulsion of ISIL, there has been a rise in the number of children enrolled in schools. It also notes that the Government, along with the United Nations Development Programme, undertook the maintenance of a number of schools and by the school year 2017–18, all schools were opened on scheduled time for pupils. The Committee notes, however, from the UNICEF Humanitarian Situation report of September 2018 that around 300,000 children in Libya are in need of education. The Committee therefore, urges the Government to take effective and time-bound measures to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, particularly girls, children in areas affected by armed conflict, and internally displaced children. It requests the Government to provide information on concrete measures taken in this regard and the results achieved.
Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children in armed conflict. The Committee notes the Government’s indication that in Sirte, the Government social workers are engaged in a project to rehabilitate former child soldiers, which includes medical and psychological assistance as well as enrolling them in educational and training programmes. In addition, the UNICEF national campaign “Together for Children” also involves establishing rehabilitation centres to reintegrate children, including former child soldiers, into schools and the community. The Committee notes, however, from the Report of the Secretary-General (paragraph 107) that in the context of the fight between the Libyan National Army (LNA) and the Petroleum Facilities Guard (PFG), boys as young 10 years of age were arrested and detained for up to seven weeks by the LNA for their alleged association with PFG. The Committee expresses its deep concern at the practice of arrest and detention of children for their alleged association with armed forces or groups. In this regard, the Committee must emphasize that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see 2012 General Survey on the fundamental Conventions, paragraph 502). The Committee, therefore, urges the Government to take the necessary measures to ensure that children removed from armed forces or groups are treated as victims rather than offenders. It also urges the Government to continue to take effective and time-bound measures to remove children from armed forces and groups and ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the number of children removed from armed forces and groups, and reintegrated.
Noting the interest expressed by the Government representative in obtaining technical assistance, 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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s statement in its report that all types of worst forms of child labour indicated in Article 3(a)–(c) of the Convention are prohibited in Libya and are punishable with penalties. However, the Government does not provide specific information on the regulations or particular provisions containing such prohibitions.
Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that section 1 of the Order of 26 September 1969 on prohibiting trafficking in labour makes it an offence to traffic in workers. It also noted that section 426 of the Penal Code punishes any person who buys, sells, traffics or deals in slaves and sections 412 and 413 of the Penal Code punish any person who kidnaps or arranges for others to kidnap a child. It further noted that section 412 of the Penal Code punishes anybody who abducts a person or detains a person by violence, threats or deception with a view to engaging in sexual activity. The Committee observed that these provisions appear to only protect children from some forms of trafficking, and constitute an incomplete prohibition, as provided for in Article 3(a) of the Convention. The Committee further observed that the Order of 26 September 1969 only prohibits trafficking for the purpose of labour exploitation and does not address the trafficking of children for the purpose of sexual exploitation. Finally, the Committee observed that the prohibition on kidnapping does not appear to address the sale or purchase of a child for the purpose of sexual exploitation, nor the transport of a trafficked child. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that a comprehensive prohibition on all forms of trafficking of persons under 18 years of age, including for the purpose of sexual exploitation, is adopted in the near future. It requests the Government to provide information on any measures taken in this regard.
Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the Penal Code did not specifically prohibit the use, offering or procuring of a child for the production of pornography or for pornographic performances. It observed that the provisions referenced by the Government (particularly section 1 of Act No. 56 of 1970 on the protection of morals in public places, section 1 of the Vagrant Young Persons Act of 5 October 1955 and the Penal Code) only prohibited public indecency, public distribution or exposing of pornographic materials and public pornographic performances, and do not constitute prohibitions on the use, procuring or offering of persons under 18 for the production of pornography. This legislation also did not appear to distinguish between persons over 18 years involved in the production of pornography, and child victims exploited in these activities with regard to criminal liability. The Committee also noted the Government’s statement that Libyan legislation comprises two systems, one for punishment and another for treatment. The Government indicated that a person under 14 years is considered a victim, and a person over 18 years of age is considered a perpetrator, pursuant to section 80 of the Penal Code. It observed an absence of information on the status of a person between the ages of 14 and 18. Noting once again an absence of information in the Government’s report on the status of persons between the ages of 14 and 18, the Committee requests the Government to ensure that children between 14 and 18 years of age who are exploited in the production of pornography or pornographic performances are treated as victims rather than offenders.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that, while the production and trafficking of drugs is effectively prohibited in national legislation, the use, procuring or offering of a child for that objective, is not. It noted the Government’s indication that section 27 of Labour Code No. 12 of 2010 specifies that no person under 18 years of age may be employed in any type of employment. However, the Committee observed that this provision does not specifically address the involvement of children in the production or trafficking of drugs, and reminded the Government that this worst form of child labour occurs outside of typical employment situations and legal labour relationships.
The Committee notes the absence of information in the Government’s report on this point. The Committee, therefore, once again reminds the Government that, pursuant to Article 3(c) of the Convention, the involvement of a person under 18 in illicit activities constitutes one of the worst forms of child labour, and that, pursuant to Article 1 of the Convention, member States are required to take “immediate” measures to prohibit these worst forms of child labour as a matter of urgency. The Committee once again requests the Government to take the necessary measures as a matter of urgency to ensure that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is explicitly prohibited in legislation.
Article 4(2) and (3). Identification and periodic revision of the list of hazardous work. The Committee previously noted the Government’s indication that a revised list of the types of hazardous work would be communicated following the promulgation of the new Labour Code. It noted the Government’s statement that regulations pursuant to the Labour Code, which will clarify both the prohibited tasks and permitted tasks for young persons of 16 years of age, were under preparation.
The Committee notes the Government’s indication that consultations with employers and workers on this matter are under way. Observing that the Government has been referring to the impending adoption of this list since 2005, the Committee expresses the firm hope that the regulations containing the types of work prohibited for persons under 18 years of age will be adopted in the near future. It requests the Government to provide a copy once they have been adopted.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 3(a) and 7(2)(b) of the Convention. All forms of slavery and practices similar to slavery and effective and time-bound measures. Compulsory recruitment of children for armed conflict and providing the necessary and appropriate direct assistance for their removal from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes from the Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya of 12 January 2015 that Libya is facing the worst political crisis and escalation of violence since the 2011 armed conflict. This report documented tens of cases of children injured, killed or maimed as a result of violence, attacks and shelling on hospitals, schools and camps housing displaced persons. The Committee also notes from the Report on the Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya (A/HRC/31/47 and A/HRC/31/CRP.3-detailed findings) of 15 February 2016 (Investigation Report by the OHCHR), that there is information on the forced recruitment and use of children in hostilities by armed groups pledging allegiance to the Islamic State in Iraq and Levant (ISIL). These children are forced to undergo religious and military training (including how to use and load guns and to aim and shoot at targets using live ammunition), and watch videos of beheadings, in addition to being sexually abused. Children are also reported to be used to detonate bombs. This Report, further referring to another report, indicates that the Islamic State in Sirte welcomed the graduation of 85 boys below the age of 16, describing them as the “Khilapha Cubs” who were trained in conducting suicide attacks. The Committee deeply deplores the current situation of children affected by armed conflict in Libya, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. It recalls that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee strongly urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups. It also urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of all persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out, and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to take effective and time bound measures to provide for their rehabilitation and social integration and to provide information on the measures taken in this regard and on the results achieved.
Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s indication that education is mandatory and free at the primary and secondary level and that training is provided by the vocational training centres established in all parts of Libya. It notes, however, the Government’s indication that the number of students who enrolled in the primary level decreased from 1,056,565 in 2009–10 to 952,636 in 2010–11. In this regard, the Committee notes from the Investigation Report by the OHCHR, that access to education in Libya has been significantly curtailed due to the armed conflict, particularly in the east (for example, the Office for the Coordination of Humanitarian Affairs estimated, in September 2015, that 73 per cent of all schools in Benghazi were not functioning). Schools have been either damaged, destroyed, occupied by internally displaced persons, converted into military or detention facilities, or are otherwise dangerous to reach. In addition, in many areas where schools remain open, parents refrain from sending their children to school for fear of injury from attacks, especially of girls being attacked, harassed or abducted by armed groups. Moreover, there are reports that in areas controlled by groups pledging allegiance to ISIL, girls are not allowed to attend school or are permitted only if wearing a full face veil. This report further indicates that children residing in camps for the internally displaced face particular challenges in their access to education. The Committee expresses its deep concern at the situation of children who are deprived of education because of the climate of insecurity prevailing in the country. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take effective and time-bound measures to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, particularly girls, children in areas affected by armed conflict, and internally displaced children. It requests the Government to provide information on concrete measures taken in this regard and the results achieved.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published th ILC session ()

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. Sale and trafficking of children. The Committee previously noted that section 1 of the Order of 26 September 1969 on prohibiting trafficking in labour makes it an offence to traffic in workers. It also noted that section 426 of the Penal Code punishes any person who buys, sells, traffics or deals in slaves and sections 412 and 413 of the Penal Code punish any person who kidnaps or arranges for others to kidnap a child. Section 412 of the Penal Code punishes anybody who abducts a person or detains a person by violence, threats or deception with a view to engaging in sexual activity.

The Committee observes that these provisions appear to only protect children from some forms of trafficking, and constitute an incomplete prohibition, as provided for in Article 3(a) of the Convention. The Committee further observes that the prohibiting trafficking in labour Order of 26 September 1969 only prohibits trafficking for the purpose of labour exploitation and does not address the trafficking of children for the purpose of sexual exploitation. Finally, the Committee observes that the prohibition on kidnapping does not appear to address the sale or purchase of a child for the purpose of sexual exploitation, nor the transport of a trafficked child. In this regard, the Committee notes that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 6 February 2009, expressed concern at the absence of a comprehensive law to address trafficking (CEDAW/C/LBY/CO/5, paragraph 27). The Committee therefore urges the Government to take the necessary measures to ensure that a comprehensive prohibition on all forms of trafficking of persons under 18 years of age, including for the purpose of sexual exploitation, is adopted in the near future.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the Penal Code did not specifically prohibit the use, offering or procuring of a child for the production of pornography or for pornographic performances. It observed that the provisions referenced by the Government instead only prohibited public indecency, public distribution or exposing of pornographic materials and public pornographic performances. This legislation also did not appear to distinguish between persons over 18 years involved in the production of pornography and child victims exploited in these activities with regard to criminal liability.

The Committee notes the Government’s statement that there are regulations which prohibit pornographic performances absolutely, at the legal, religious and social level. However, the Committee observes that the Government does not reference specific regulations or particular provisions containing such a prohibition. Moreover, the Committee observes that the regulations previously highlighted by the Government in this regard (particularly section 1 of Act No. 56 of 1970 on the protection of morals in public places, section 1 of the Vagrant Young Persons Act of 5 October 1955 and the Penal Code prohibitions on exposing, selling or distributing material which is contrary to decency) do not constitute prohibitions on the use, procuring or offering of persons under 18 for the production of pornography. The Committee also notes the Government’s statement that Libyan legislation comprises two systems, one for punishment and another for treatment. The Government indicates that a person under 14 years is considered a victim and a person over 18 years of age is considered a perpetrator, pursuant to section 80 of the Penal Code. The Committee observes an absence of information on the status of a person between the ages of 14 and 18. The Committee accordingly requests the Government to ensure that children between 14 and 18 years of age who are exploited in the production of pornography or pornographic performances are treated as victims rather than offenders. Furthermore, noting once again an absence of legislative provisions specifically prohibiting the involvement of children in the production of pornography, the Committee strongly requests the Government to take the necessary measures to ensure that the use, procuring or offering of a person under 18 in pornographic performances is explicitly prohibited in national legislation or regulations. It requests the Government to provide a copy of such legislation, once adopted.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that, while the production and trafficking of drugs is effectively prohibited in national legislation, the use, procuring or offering of a child for that objective, is not.

The Committee notes the information in the Government’s report that section 27 of the new Labour Code, No. 12 of 2010, specifies that no person under 18 years of age may be employed in any type of employment. However, the Committee observes that this provision does not specifically address the involvement of children in the production or trafficking of drugs, and reminds the Government that this worst form of child labour occurs outside of typical employment situations and legal labour relationships. The Committee reminds the Government that, pursuant to Article 3(c) of the Convention, the involvement of a person under 18 in illicit activities constitutes one of the worst forms of child labour, and that, pursuant to Article 1 of the Convention, member States are required to take “immediate” measures to prohibit these worst forms of child labour as a matter of urgency. The Committee therefore strongly urges the Government to take the necessary measures as a matter of urgency to ensure that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is explicitly prohibited in legislation.

Article 4(2) and (3). Identification and periodic revision of the list of hazardous work. The Committee previously noted the Government’s indication that a revised list of the types of hazardous work would be communicated following the promulgation of the new Labour Code.

The Committee notes the Government’s statement that section 27 of the new Labour Code, No. 12 of 2010, prohibits the employment of persons under 18, except as specified in section 27(2), which specifies that a person of 16 years of age may be authorized to work on the condition that this work does not harm his or her health, safety or morals. The Committee also notes the Government’s statement that regulations pursuant to the Labour Code, which will clarify both the prohibited tasks and permitted tasks for young persons, are under preparation. Observing that the Government has been referring to the impending adoption of this list since 2005, the Committee requests the Government to take the necessary measures to adopt regulations containing the types of work prohibited for persons under 18 years of age, and to provide a copy of these regulations with its next report.

Article 5. Monitoring mechanisms. Childhood Welfare Department. The Committee previously requested the Government to provide information on the functioning of the Higher Committee for Childhood. In this regard, the Committee notes the information in the Government’s report that, pursuant to section 5 of the Decision of the General People’s Committee, No. 100 of 2007 (1428 AH), the mandate of this body is now the responsibility of the Childhood Welfare Department, within the administrative body of the General People’s Committee for Social Affairs. The Committee requests the Government to provide information on the role, functions and activities of the Childhood Welfare Department in monitoring the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Trafficking. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add.209, paragraph 43), expressed its concern about trafficking of children to the Libyan Arab Jamahiriya for the purposes of prostitution and slavery, and about the lack of information and awareness of the phenomenon of trafficking and prostitution of children.

The Committee once again notes an absence of information in the Government’s report on this point. However, the Committee notes the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review (UPR) of 24 August 2010 that there are large numbers of irregular migrants in the country and that these migrants are vulnerable to criminal gangs involved in human trafficking (A/HRC/WG.6/9/LBY/1, paragraphs 80 and 83). In this regard, the Committee notes the information in a document on the website of the International Organization for Migration (IOM) (www.iom.int) entitled “Training Libya’s judges and prosecutors in countering human trafficking” of 1 May 2009 that there are an estimated 1 to 1.5 million irregular migrants in the country. The IOM indicates that it has provided training to 60 Libyan judges and prosecutors on various aspects of irregular migration, including human trafficking. The IOM is also collaborating with the Government to enhance border security, and has provided training to border police on the treatment of vulnerable groups. The Committee also notes that the CEDAW, in its concluding observations of 6 February 2009, expressed concern regarding the absence of a plan to prevent and eliminate trafficking and recommended that the Government combat all forms of trafficking in women and girls through the adoption and implementation of a comprehensive strategy (CEDAW/C/LBY/CO/5, paragraph 27). The Committee requests the Government to strengthen its efforts to prevent and combat the trafficking of persons under the age of 18, paying particular attention to migrant children. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

2. Access to free basic education. The Committee previously noted that, in 2004, only 53 per cent of girls and 71 per cent of boys attended secondary school, though noted the Government’s indication that these figures did not include children engaged in vocational training. The Committee notes the information in the Government’s report that basic education has markedly approved, and that education is compulsory until the completion of lower secondary school (pursuant to article 14 of the Constitution). It also notes the Government’s indication that section 9 of Act No. 5 of 2006 provides that penalties are applicable to persons who deprive a child of its right to education. The Committee further notes the Government’s indication in its report to the United Nations Human Rights Council for the UPR of 24 August 2010 that the Government has taken numerous measures towards realizing the goal of universal basic education for all children and has achieved success in improving girls’ enrolment rates and eradicating illiteracy (A/HRC/WG.6/9/LBY/1, paragraphs 50 and 57). However, the Committee notes the information from the United Nations Country Team for the Libyan Arab Jamahiriya (in the compilation of information from UN bodies, prepared by the Office of the High Commissioner for Human Rights for submission to the UPR of 21 July 2010), that while the enrolment rate in primary education was approximately 98 per cent in 2007, the quality and efficiency of education, as well as disparities among geographic regions, remain a concern despite high investment in education. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to pursue its efforts to improve the functioning of the education system. The Committee requests the Government to provide information on the results achieved in this regard, particularly up-to-date statistical information on enrolment rates and drop-out rates, taking account of the special situation of girls.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee previously noted the Government’s indication that the General People’s Committee for Health had adopted several measures with regard to raising awareness and preventing HIV/AIDS, and it requested further information on the measures implemented.

The Committee notes the information in the Government’s Country Progress Report to the United Nations General Assembly Special Session (UNGASS) of 31 March 2010 that the overall prevalence of HIV is low in the country, at approximately 0.2 per cent, and that the Government provides free health care to all nationals. The Government indicates that a policy was instituted in 2009 whereby students applying for secondary or higher education no longer have to provide a medical certificate, to eliminate the possibility of being rejected for HIV positive status. The Government also indicates that the NGO “Association to Care for Infected Children” was established in 2002, which collaborates with the Libyan Red Crescent to address discrimination faced by children infected with HIV and to support these children and their families. The Committee further notes the information in the Government’s report to the UNGASS that the National Infectious Diseases Control Centre is collaborating with the United Nations Development Programme (UNDP) under the “Programme to strengthen the national response to HIV and AIDS”, which has included activities focusing on the rights of children living with HIV and the sensitization of educators.

Article 8. International cooperation and assistance. Trafficking. The Committee previously noted the Government’s indication that it provided assistance to countries throughout the African Union, and it requested information on the impact of this assistance.

The Committee notes the information from the IOM that, due to the vast borders of the Libyan Arab Jamahiriya in both the desert and the sea and its geographic proximity to Europe, the country attracts intense migration flows not only from sub-Saharan and North African countries, but also recently from the Middle East and Asia, including Bangladesh, Pakistan and Sri Lanka. The IOM also indicates that the majority of known cases of trafficking have involved labour or sexual exploitation of migrants from sub-Saharan countries. In this regard, the Committee notes that the CEDAW, in its concluding observations of 6 February 2009, recommended that, with regard to trafficking, the Government should increase its efforts in relation to regional, international and bilateral cooperation with countries of origin and transit so as to address more effectively the causes of trafficking and improve its prevention through information exchange (CEDAW/C/LBY/CO/5, paragraph 28). The Committee requests the Government to provide information on any measures taken or envisaged to combat the trafficking of children through international cooperation with countries of origin.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the statement in the IOM document entitled “Training Libya’s judges and prosecutors in countering human trafficking” of 1 May 2009 that the scope of trafficking in the country is not known. In this regard, the Committee notes that the CEDAW, in its concluding observations of 6 February 2009, expressed concern about the lack of information regarding the extent of trafficking in women and girls, in addition to the lack of information on prostitution in the country. The CEDAW encouraged the Government to collect and analyse data from national police and international sources and to analyse the causes and extent of trafficking in women and girls from its perspective as a country of transit (CEDAW/C/LBY/CO/5, paragraph 27). The Committee requests the Government to take the necessary measures to ensure that sufficient and up-to-date data on the prevalence of the worst forms of child labour in the country is available, particularly on the trafficking of children and child commercial sexual exploitation. It requests the Government to provide this information with its next report.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee had noted that the Penal Code did not specifically prohibit the use, offering or procuring of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s information that the Penal Code prohibits any person, regardless of age, from exposing to the public, or exposing for sale or distributing in a public place or in a place accessible to the public, leaflets, drawings or any other material which is contrary to decency. Furthermore, section 1 of Act No. 56 of 1970 on the protection of morals in public places specifies that “No theatrical, musical, or singing performance may be presented in amusement parks or public places unless this is done after the authorization from the competent authority” (Ministry of the Interior and Local Power). This authorization is not granted in the case of indecent, disgraceful or morally depraved performances aimed at sexual arousal or which contain such acts. The Committee further notes that section 1 of the Vagrant Young Persons Act of 5 October 1955 specifies that young persons under the age of 18 are considered vagrants if they commit acts relating to prostitution or moral debauchery. The Committee notes that the legislation does not appear to prohibit the use, procuring or offering of a child for pornography but, rather, that it prohibits public indecency, public distribution of pornographic material and public pornographic performances. It also points out that the legislation does not make a distinction between persons over 18 years who take part in pornography or pornographic performances and child victims employed in these activities, all of whom bear equal criminal responsibility under the national law for their involvement. The Committee requests the Government to take measures to ensure that the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited and to provide information on the measures taken in this regard. It also strongly encourages the Government to ensure that children employed for the production of pornography or pornographic performances are treated as victims rather than offenders.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted the Government’s statement that section 2 of Act No. 23 of 1971 prohibits any young person or adult to bring in, produce, sell, buy drugs or replace them in any manner or if the young person acts as mediator in any of the above. The Committee notes the Government’s information that Act No. 23 of 1971 was replaced by the Narcotics and Psychotropic Substances Act of 1990. According to the Government’s information, the Narcotics and Psychotropic Substances Act prohibits the use, intake, acquisition, import, export, production, extraction, manufacture, sale and handling in any manner of narcotics and psychotropic substances. The Committee notes that, while the production and trafficking of drugs is effectively prohibited, the use, procuring or offering of a child for that objective, is not. Consequently, the Committee asks the Government to take measures to ensure that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is prohibited and to provide information on the measures taken in this regard.

Article 4, paragraphs 2 and 3. Identification and periodic revision of the list of hazardous work. The Committee had previously requested the Government to indicate where the types of hazardous work exist pursuant to Article 4(2) of the Convention. It had also noted the Government’s information that a revised list of the types of hazardous work would be communicated when the new Labour Code is promulgated. Noting the absence of information on this point, the Committee once again asks the Government to supply a copy of the new Labour Code and of the revised list of the types of hazardous work, as soon as they have been adopted.

Article 5. Monitoring mechanisms. In its previous comments, the Committee had requested the Government to provide further information on the functioning of the Higher Committee for Childhood, of manpower offices and of any other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention. The Committee observes that, although the Government indicates that a special booklet on the activities, programmes and tasks of the Higher Committee for Childhood was sent to the Office, no such document was actually annexed to the Government’s report. Consequently, the Committee must ask the Government to provide further information on the functioning of the Higher Committee for Childhood and of the manpower offices, including information on the programmes adopted or envisaged by these institutions to combat the worst forms of child labour, with its next report.

Article 6. Programmes of action. The Committee had previously noted that the Government had made a reference to a study undertaken with UNICEF on child labour in Libyan society and to Act. No. 5 on childhood protection, but that no national programmes of action were taken or envisaged to eliminate child labour and its worst forms. The Committee notes, once again, that no copy of the UNICEF study was sent to the Office. The Committee once again requests the Government to indicate if any programme of action aimed at eliminating, as a priority, the worst forms of child labour has been adopted. It also asks the Government to supply a copy of the UNICEF study on child labour with its next report.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 
1. Trafficking. The Committee had previously noted that the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add.209, paragraph 43), expressed its concern about reports on trafficking of children to the Libyan Arab Jamahiriya for the purposes of prostitution and slavery, and about the lack of information and awareness of the phenomenon of trafficking and prostitution of children. Consequently, the Committee on the Rights of the Child had recommended that the state party: (a) undertake a national study on the nature and extent of these phenomena; (b) take legislative measures to combat these practices; and (c) carry out awareness-raising campaigns to sensitize and mobilize the general public on every child’s right to respect for their physical and mental integrity. The Committee notes the Government’s statement that the trafficking of children is prohibited by law and denied by Libyan religious customs and lore. However, the Committee reminds the Government that, in order to eliminate, as a priority, the worst forms of child labour, the Convention requires member States, along with adopting the appropriate legislation, to take effective and time-bound measures to prevent children from, notably, becoming victims of trafficking. Noting that no information was provided in this regard, the Committee requests the Government to indicate in its next report whether effective and time-bound measures have been taken or envisaged in order to prevent the engagement of children in trafficking for labour or sexual exploitation.

2. Education. The Committee had previously noted that, in 2004, only 53 per cent of girls and 71 per cent of boys attended secondary school. It notes the Government’s information that the percentage of children who enrol in secondary education includes those who wish to later pursue university or equivalent higher studies, and not those other categories of children who choose, rather, to join vocational training centres or other specialized institutes. The Committee requests the Government to provide statistical data on the enrolment and drop-out rates in schools, as well as on the number of children who enrol in vocational training following primary education.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. In its previous comments, the Committee had noted the several recommendations made by the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add.209), pertaining to the relatively high number of children affected by AIDS in Benghazi. The Committee notes the Government’s information that the State provides all the care and treatment to those children and that a special association for children affected by HIV was set up. Furthermore, the General People’s Committee for Health has adopted a number of measures related to HIV/AIDS to raise awareness, increase prevention, organize symposiums and round tables on the HIV/AIDS pandemic, as well as organize free testing campaigns for children and adults. The Committee requests the Government to provide more detailed information on the measures taken by the General People’s Committee for Health with regard to HIV/AIDS. It also asks the Government to provide information on the number of child victims and orphans of AIDS who were prevented from being engaged in the worst forms of child labour as a result of the implementation of the abovementioned measures.

Article 8. International cooperation. The Committee notes the Government’s information that the Libyan Arab Jamahiriya deploys efforts to contribute to promoting employment and alleviating poverty throughout the countries of the African Union and in other regions, notably by sending medical missions to these countries, undertaking vaccination campaigns and providing investment loans to Libyan companies to set up investment projects in foreign countries. The Committee also notes that an initiative on African children, women and young persons was taken and is currently being implemented to help these vulnerable groups. Furthermore, according to UNICEF, the Libyan Arab Jamahiriya is continuing its strong shift towards Africa and maintains its leading role in supporting the African Union by providing financial support to needy African States and participating in conflict resolution initiatives. The Committee asks the Government to provide information on the impact of the initiative on African children, women and young persons on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. Noting the absence of information in the Government’s report on this point, the Committee asks the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed, in its next report. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee had noted that the Penal Code did not specifically prohibit the use, offering or procuring of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s information that the Penal Code prohibits any person, regardless of age, from exposing to the public, or exposing for sale or distributing in a public place or in a place accessible to the public, leaflets, drawings or any other material which is contrary to decency. Furthermore, section 1 of Act No. 56 of 1970 on the protection of morals in public places specifies that “No theatrical, musical, or singing performance may be presented in amusement parks or public places unless this is done after the authorization from the competent authority” (Ministry of the Interior and Local Power). This authorization is not granted in the case of indecent, disgraceful or morally depraved performances aimed at sexual arousal or which contain such acts. The Committee further notes that section 1 of the Vagrant Young Persons Act of 5 October 1955 specifies that young persons under the age of 18 are considered vagrants if they commit acts relating to prostitution or moral debauchery. The Committee notes that the legislation does not appear to prohibit the use, procuring or offering of a child for pornography but, rather, that it prohibits public indecency, public distribution of pornographic material and public pornographic performances. It also points out that the legislation does not make a distinction between persons over 18 years who take part in pornography or pornographic performances and child victims employed in these activities, all of whom bear equal criminal responsibility under the national law for their involvement. The Committee requests the Government to take measures to ensure that the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited and to provide information on the measures taken in this regard. It also strongly encourages the Government to ensure that children employed for the production of pornography or pornographic performances are treated as victims rather than offenders.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted the Government’s statement that section 2 of Act No. 23 of 1971 prohibits any young person or adult to bring in, produce, sell, buy drugs or replace them in any manner or if the young person acts as mediator in any of the above. The Committee notes the Government’s information that Act No. 23 of 1971 was replaced by the Narcotics and Psychotropic Substances Act of 1990. According to the Government’s information, the Narcotics and Psychotropic Substances Act prohibits the use, intake, acquisition, import, export, production, extraction, manufacture, sale and handling in any manner of narcotics and psychotropic substances. The Committee notes that, while the production and trafficking of drugs is effectively prohibited, the use, procuring or offering of a child for that objective, is not. Consequently, the Committee asks the Government to take measures to ensure that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is prohibited and to provide information on the measures taken in this regard.

Article 4, paragraphs 2 and 3. Identification and periodic revision of the list of hazardous work. The Committee had previously requested the Government to indicate where the types of hazardous work exist pursuant to Article 4, paragraph 2, of the Convention. It had also noted the Government’s information that a revised list of the types of hazardous work would be communicated when the new Labour Code is promulgated. Noting the absence of information on this point, the Committee once again asks the Government to supply a copy of the new Labour Code and of the revised list of the types of hazardous work, as soon as they have been adopted.

Article 5. Monitoring mechanisms. In its previous comments, the Committee had requested the Government to provide further information on the functioning of the Higher Committee for Childhood, of manpower offices and of any other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention. The Committee observes that, although the Government indicates that a special booklet on the activities, programmes and tasks of the Higher Committee for Childhood was sent to the Office, no such document was actually annexed to the Government’s report. Consequently, the Committee must ask the Government to provide further information on the functioning of the Higher Committee for Childhood and of the manpower offices, including information on the programmes adopted or envisaged by these institutions to combat the worst forms of child labour, with its next report.

Article 6. Programmes of action. The Committee had previously noted that the Government had made a reference to a study undertaken with UNICEF on child labour in Libyan society and to Act. No. 5 on childhood protection, but that no national programmes of action were taken or envisaged to eliminate child labour and its worst forms. The Committee notes, once again, that no copy of the UNICEF study was sent to the Office. The Committee once again requests the Government to indicate if any programme of action aimed at eliminating, as a priority, the worst forms of child labour has been adopted. It also asks the Government to supply a copy of the UNICEF study on child labour with its next report.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Trafficking. The Committee had previously noted that the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add.209, paragraph 43), expressed its concern about reports on trafficking of children to the Libyan Arab Jamahiriya for the purposes of prostitution and slavery, and about the lack of information and awareness of the phenomenon of trafficking and prostitution of children. Consequently, the Committee on the Rights of the Child had recommended that the state party: (a) undertake a national study on the nature and extent of these phenomena; (b) take legislative measures to combat these practices; and (c) carry out awareness-raising campaigns to sensitize and mobilize the general public on every child’s right to respect for their physical and mental integrity. The Committee notes the Government’s statement that the trafficking of children is prohibited by law and denied by Libyan religious customs and lore. However, the Committee reminds the Government that, in order to eliminate, as a priority, the worst forms of child labour, the Convention requires member States, along with adopting the appropriate legislation, to take effective and time-bound measures to prevent children from, notably, becoming victims of trafficking. Noting that no information was provided in this regard, the Committee requests the Government to indicate in its next report whether effective and time-bound measures have been taken or envisaged in order to prevent the engagement of children in trafficking for labour or sexual exploitation.

2. Education. The Committee had previously noted that, in 2004, only 53 per cent of girls and 71 per cent of boys attended secondary school. It notes the Government’s information that the percentage of children who enrol in secondary education includes those who wish to later pursue university or equivalent higher studies, and not those other categories of children who choose, rather, to join vocational training centres or other specialized institutes. The Committee requests the Government to provide statistical data on the enrolment and drop-out rates in schools, as well as on the number of children who enrol in vocational training following primary education.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. In its previous comments, the Committee had noted the several recommendations made by the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add.209), pertaining to the relatively high number of children affected by AIDS in Benghazi. The Committee notes the Government’s information that the State provides all the care and treatment to those children and that a special association for children affected by HIV was set up. Furthermore, the General People’s Committee for Health has adopted a number of measures related to HIV/AIDS to raise awareness, increase prevention, organize symposiums and round tables on the HIV/AIDS pandemic, as well as organize free testing campaigns for children and adults. The Committee requests the Government to provide more detailed information on the measures taken by the General People’s Committee for Health with regard to HIV/AIDS. It also asks the Government to provide information on the number of child victims and orphans of AIDS who were prevented from being engaged in the worst forms of child labour as a result of the implementation of the abovementioned measures.

Article 8. International cooperation. The Committee notes the Government’s information that the Libyan Arab Jamahiriya deploys efforts to contribute to promoting employment and alleviating poverty throughout the countries of the African Union and in other regions, notably by sending medical missions to these countries, undertaking vaccination campaigns and providing investment loans to Libyan companies to set up investment projects in foreign countries. The Committee also notes that an initiative on African children, women and young persons was taken and is currently being implemented to help these vulnerable groups. Furthermore, according to UNICEF, the Libyan Arab Jamahiriya is continuing its strong shift towards Africa and maintains its leading role in supporting the African Union by providing financial support to needy African States and participating in conflict resolution initiatives. The Committee asks the Government to provide information on the impact of the initiative on African children, women and young persons on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. Noting the absence of information in the Government’s report on this point, the Committee asks the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed, in its next report. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Recruitment of children for use in armed conflict. The Committee had previously noted that, under section 4 of Mobilization Act No. 21 of 1991, a declaration of general mobilization must, until such time as it ends, result in the development of all human and material resources in the service of the war effort. Section 1 of this Act defines "human resources" as male and female citizens who have attained 17 years of age, provided they are physically able to engage in combat and productive activities. The Committee had also noted that the Committee on the Rights of the Child, in its Concluding Observations of 2003 (CRC/C/15/Add.209, paragraph 22), recommended that Libyan Arab Jamahiriya amend section 1 of the Mobilization Act so that persons under 18 years of age mobilized in the context of general mobilization can serve the war effort without being deployed as active combatants. The Committee had requested the Government to provide information on the measures taken or envisaged to prohibit the compulsory recruitment of children under 18 years in armed conflict, in the context of general mobilization.

The Committee notes the Government’s statement that section 1 of the Mobilization Act refers to the possibility of mobilizing children under 17 in the context of general mobilization and the tasks of general mobilization are not necessarily to perform military acts, but they require performing tasks linked to the guarding of civilian sites, warehouses and establishments far from the battle field. In addition, section 1 does not specify any obligation as it provides an optional conscription for persons who have reached 17 years of age. The Committee takes note of the Government’s information.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that sections 409 and 421 of the Penal Code, and Act No. 56 of 1970, deal with pornography but do not specifically prohibit the use, offering or procuring of a child for the production of pornography or for pornographic performances. It had asked the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances. The Committee notes the Government’s statement that especially section 421 of the Penal Code, Act No. 56 of 1970, and Act No. 5 of 1997 on the protection of childhood, oblige the competent forces to stop such practices and arrest persons who violate the law. It notes the Government’s statement that such practices do not exist based on the examination of the files of the tribunals and the police. Furthermore, such practices are also prohibited by religion, namely by the Holy Koran which punishes such deviant behaviour. The Committee asks the Government to indicate in what manner the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances is prohibited under the abovementioned provisions.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously asked the Government to provide a copy of the legislative provisions prohibiting the use, offering or procuring of a child for the production and trafficking of drugs. The Committee notes the Government’s statement that section 2 of Act No. 23 of 1971, prohibits any young person or adult to bring in, produce, own, sell, buy drugs or replace them in any manner or if the young person acts as mediator in any of the above. It asks the Government to supply a copy of Act No. 23 of 1971.

Article 4, paragraphs 2 and 3. Identification and periodic revision of the list of hazardous work. The Committee had previously requested the Government to indicate where the types of hazardous work exist pursuant to Article 4, paragraph 2, of the Convention. It had also asked the Government to indicate how the list of types of hazardous work has been periodically examined, and to provide any revised list. The Committee notes the Government’s information that a revised list of the types of hazardous work will be communicated when the new Labour Code is promulgated. The Committee asks the Government to supply a copy of the new Labour Code and of the revised list of the types of hazardous work, as soon as they have been adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Higher Committee for Childhood is in charge of supervising the implementation of child legislation, including the work of relevant non-governmental and public organizations. The Higher Committee for Children is also responsible for elaborating the necessary child welfare plans and programmes. The Committee had also noted that child labour is the responsibility of manpower offices, in coordination with the Higher Committee for Childhood. The Committee had requested the Government to provide further information on the functioning of the Higher Committee for Childhood, of manpower offices and of any other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention. The Committee notes that no copy of the "Booklet of the tasks and activities of the Higher Committee for Childhood" nor of the "Leaflet on the Higher Committee for Childhood" was sent to the Office. The Committee once again asks the Government to provide further information on the functioning of the Higher Committee for Childhood and of the manpower offices, including information on the programmes adopted or envisaged by these institutions to combat the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee had previously noted that no national programmes of action were adopted to eliminate child labour and had requested the Government to provide information on the measures taken or envisaged in this regard, indicating the consultations held with the organizations of employers and workers concerned. The Committee notes that the Government’s report makes reference to a study undertaken with UNICEF on child labour in Libyan society, and to Act. No. 5 on childhood protection, but it does not mention any programmes of action taken or envisaged to eliminate child labour. Moreover, the Committee notes that no copy of the UNICEF study was sent to the Office. The Committee once again requests the Government to indicate if any programme of action aimed at eliminating, as a priority, the worst forms of child labour has been adopted. It also asks the Government to supply a copy of the UNICEF study on child labour with its next report.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on this point. It asks the Government to provide information on actions taken or envisaged to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Trafficking. The Committee had previously noted that the Committee on the Right of the Child, in its Concluding Observations of 2003 (CRC/C/15/Add.209, paragraph 43), expressed its concern about reports on trafficking of children to the Libyan Arab Jamahiriya for the purposes of prostitution and slavery, and about the lack of information and awareness of the phenomenon of trafficking and prostitution of children. Consequently, the Committee on the Rights of the Child had recommended that the State party: (a) undertake a national study on the nature and extent of these phenomena; (b) take legislative measures to combat these practices; and (c) carry out awareness-raising campaigns to sensitize and mobilize the general public on every child’s right to respect for their physical and mental integrity. The Committee had asked the Government to provide information on the measures taken to follow-up on the recommendations of the Committee on the Rights of the Child. It had also requested the Government to provide information on the effective and time-bound measures taken or envisaged to prevent the trafficking of children for purposes of labour or sexual exploitation. Noting the absence of information on this point, the Committee once again requests the Government to indicate whether effective and time-bound measures have been taken or envisaged in order to prevent the engagement of children in trafficking for labour or sexual exploitation.

2. Education. The Committee had previously noted that Act No. 95 of 1975 on compulsory education obliges the parents of children to educate their children. It had also noted that, according to the report submitted by the Government to the Committee on the Rights of the Child in 2000 (CRC/C/93/Add.1, paragraph 221), education is compulsory up to the end of the intermediate stage and is guaranteed by the State through the establishment of schools, colleges, universities, and cultural educational institutions, in which education shall be offered free of charge. In addition, the regulation concerning primary education stipulates that education is a right and duty for all citizens, boys and girls alike, at the primary stage and is provided free of charge in all state schools. However, the Committee notes that, according to the information available at the Office, in 2004, only 53 per cent of girls and 71 per cent of boys attended secondary school. Considering that education contributes to the elimination of the worst forms of child labour, the Committee once again requests the Government to provide information on the time-bound measures taken or envisaged in this domain to prevent the engagement of children in the worst forms of child labour. It also asks the Government to provide statistical data on the enrolment and dropout rates in schools.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 2003 (CRC/C/15/Add.209, paragraph 37), while noting the establishment of a national committee for AIDS prevention in 1987, expresses its concern at the relatively high number of children affected by AIDS in Benghazi. Consequently, the Committee on the Rights of the Child recommended that the Government: (a) continue and strengthen its activities to prevent HIV/AIDS; (b) provide for special AIDS clinics in children’s hospitals; (c) ensure that adolescents have access to, and are provided with, education on adolescent health issues; (d) take appropriate measures to reduce substance dependency among young people; (e) strengthen efforts in the area of adolescents health education within the school system; and (f) seek assistance from, among others, UNICEF and WHO.

The Committee observes that the pandemic of HIV/AIDS has consequences on child victims and orphans of AIDS who might more easily engage in the worst forms of child labour. The Committee asks the Government to provide information on the measures taken to follow up on the recommendations of the Committee on the Rights of the Child. It also asks the Government to provide information on the effective and time-bound measures taken to improve the situation of these children.

Article 8. 1. International cooperation. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part III of the report form. Noting the absence of information on this point in the Government’s report, the Committee once again asks the Government to provide information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply a copy of the text of these decisions.

Parts IV and V of the report form. Noting the absence of information in the Government’s report on this point, the Committee asks the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. 1. Sale and trafficking of children. The Committee notes that section 1 of the Order of 26 September 1969 on Prohibiting Trafficking in Labour makes it an offence to traffic in workers. Sections 412 and 413 of the Penal Code punish any person who kidnaps or arranges for others to kidnap a child. Section 412 of the Penal Code punishes anybody who abducts a person or detains a person by violence, threats or deception with a view to engaging in sexual activity. It also notes that section 426 punishes any person who buys, sells, traffics or deals in slaves.

2. The Committee notes that article 22 of the Great Green Charter of Human Rights in the Jamahiryan area prohibits the use of domestic servants as they are considered to be the slaves of modern times, enslaved by their masters. It also notes that section 425 of the Penal Code prohibits and punishes slavery.

3. Recruitment of children for use in armed conflict. The Committee notes that article 16 of the Constitutional Proclamation states that defence of the homeland is a sacred duty, and that military service is an honour for the Libyan people. It also notes that section 3 of Law No. 20/1991 on the Consolidation of Freedoms states that defending the homeland is a right and an honour, and no male or female citizen must be deprived of it. Section 1 of the National Service Act No. 9 of 1987 provides that national service is compulsory for every male citizen who has attained the age of 18 years and is not older than 35 years, unless medically unfit. The Committee also notes that by virtue of section 6(b) of the Military Service Act No. 40 of 1974, the minimum age for voluntary enlistment in the armed forces is 17 years. It further notes that under section 4 of the Mobilization Act No. 21 of 1991, a declaration of general mobilization must, until such time as it ends, result in the deployment of all human and material resources in the service of the war effort. Section 1 of the same Act defines "human resources" as male and female citizens who have attained 17 years of age, provided they are physically able to engage in combat and productive activities. The Committee notes that the Committee on the Rights of the Child in its Concluding Observations of 2003 (CRC/C/15/Add.209, paragraph 22) recommended that Libyan Arab Jamahiriya amend section 1 of the Mobilization Act No. 21 of 1991 so that persons under 18 years mobilized in the context of general mobilization can serve the war effort without being deployed as active combatants. The Committee reminds the Government that Article 3(a) of the Convention defines as one of the worst forms of child labour the forced or compulsory recruitment of children under 18 for use in armed conflict. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit the compulsory recruitment of children under 18 in armed conflict, in the context of general mobilization.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that according to section 410 of the Penal Code, sexual exploitation of any person even with consent is punishable. It also notes that section 417 of the Penal Code makes it an offence for any person to assist or facilitate any person to prostitution. It further notes that section 415 of the Penal Code imposes a penalty of imprisonment on any person who entices a minor to engage in prostitution, in order to satisfy the sexual appetite of others or who facilitates such activity. Section 416 punishes more severely any person who uses force or violence to compel a minor to engage in prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 409 of the Penal Code makes it an offence for any person to incite a male or female child under 18 years of age to acts of immorality and debauchery, to assist him or her therein, or to encourage a young person to engage in sexual activity, or to do so in his or her presence. The Committee further notes that section 421 of the Penal Code imposes a penalty on any person who commits an obscene act in a public place and on any person who offends propriety by distributing indecent literature, pictures or other materials, by exhibiting them to the public or by offering them for sale. The section further provides for penalties if such materials are sold or offered to children below 18 years. It also notes that Act No. 56 of 1970 establishes the offence of lewd, obscene or indecent exhibition or exhibition aimed at sexual arousal or designed to imply such arousal. The Committee notes, however, that the legislation does not specifically prohibit the use, offering or procuring of a child for pornographic performances. It reminds the Government that under Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement that the sale or trafficking of drugs in any form is prohibited to all citizens, be they adults or children. It notes however that the Government’s report contains no information on the legislative provisions prohibiting the use of children for illicit activities, particularly the production and trafficking of drugs. The Committee therefore asks the Government to indicate and provide a copy of the legislative provisions prohibiting the use, offering or procuring of a child for the production and trafficking of drugs. If there are no such provisions, the Committee asks the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention, as well as the sanctions envisaged.

Clause (d). Work which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes that section 29 of Law No. 20/1991 on promoting freedom prohibits the use of children in jobs which are incompatible with their capabilities or which impede their natural growth or harm their morals or health. It also notes that section 92 of the Labour Code provides that the competent authority must issue directives specifying the terms and conditions under which young persons under the age of 18 years may be employed in some industries and occupations, and the industries in which it is prohibited to employ young persons under that age. It further notes that by virtue of section 93 of the Labour Code, it is prohibited to employ young persons for more than six hours a day, and that such employment shall include one or more rest periods. The total duration of meal times shall not be less than one hour. Work and rest periods shall be planned to ensure that young persons do not work for more than four consecutive hours or remain in the place of work for more than nine hours a day. The Committee further notes that section 95 of the Labour Code prohibits night work (between 8 p.m. and 7 a.m.) and overtime work, and to accumulate the official weekly rest or holidays to which they are entitled.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that pursuant to section 92 of the Labour Code, Order No. 18 of 1973, issued by the Minister of Labour, provides for a list of activities and occupations prohibited for young persons below 18 years of age. It also notes that the list contains 25 such activities, including: underground work in mines or quarries, and work connected with the extraction of ores and minerals; work on furnaces or ovens used for refining; the silver plating of mirrors; the manufacture of explosives and work connected therewith; the operation on supervision of machinery with moving parts; the repair or cleaning of such machinery when in use; work in slaughterhouses; the filling of containers with pressurized gases. The Committee asks the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 4, paragraphs 2 and 3. Identification and periodical revision of the list of hazardous work. The Committee notes that the Government’s report contains no information on this point. It reminds the Government that, by virtue of Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work so determined exist. The Committee therefore requests the Government to identify where hazardous work exists. It also reminds the Government that pursuant to Article 4, paragraph 3, of the Convention, the list of the types of hazardous work shall be periodically examined and revised, in consultation with the organizations of employers and workers concerned. The Committee accordingly requests the Government to indicate how the list of types of hazardous work has been periodically examined, and to provide any revised list.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the Higher Committee for Childhood has been set up by Order No. 100 of 1998 to supervise the implementation of child legislation, including the work of relevant non-governmental and public organizations and to provide child welfare and care. It also notes that child labour is the responsibility of manpower offices in the people’s assembly offices in coordination with the Higher Committee for Childhood. The Committee requests the Government to provide further information on the functioning of the Higher Committee for Childhood, of manpower offices, and of any other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of reports specifying the extent and nature of violations detected involving children and young persons. It also requests the Government to indicate the consultations which have been held with the employers’ and workers’ organizations.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the absence of national programmes of action to eliminate child labour. The Committee reminds the Government that Article 6, paragraph 1, of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour, and Article 6, paragraph 2, of the Convention states that such programmes of action shall be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate. The Committee requests the Government to provide information on the measures taken or envisaged to design programmes of action to eliminate child labour, and to indicate the consultations held with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 1. Penalties. The Committee notes that section 425 of the Penal Code prohibits slavery, the violation of which entails imprisonment for 5 to 15 years. It also notes that according to section 426 of the same Code, any person who buys, sells, trafficks or deals in slaves shall be punished with ten years’ imprisonment. Section 409 of the Penal Code provides that any person who incites a minor to engage in debauchery in order to satisfy the carnal desires of another person or who facilitates him/her therein, is liable to a penalty of up to ten years’ imprisonment, and a fine of up to 200 dinars. If the victim is under 18 years of age, the penalty is doubled. The Committee further notes that section 412 of the Penal Code imposes a penalty of not more than five years of imprisonment on anybody who abducts a person or detains him or her by violence, threats or deception with a view to engaging in sexual activity. The penalty shall be increased by not more than one-third if the victim is under 18 years of age. It also notes that section 416 of the Penal Code imposes a penalty of imprisonment of between three and six years and a fine of between 150 and 500 Libyan dinars on any person who uses force or violence to compel a minor to engage in prostitution to satisfy the sexual appetite of other persons. Under section 9 of the Order of 26 September 1969 on Prohibiting Trafficking in Labour, which makes it an offence to traffic manpower, any employer or contractor who violates the provisions of this Order shall be fined a sum of not less than 50 dinars; the fine shall be multiplied by the number of workers against whom such a violation was committed. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions. It also requests the Government to supply a copy of the legislative provisions punishing the violation of the prohibition of hazardous work for children under 18 years of age.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the measures taken to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(b), (d) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. The Committee notes there is no information in the Government’s report on this point. The Committee notes however that the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add. 209, paragraph 43), expressed its concerns about reports on trafficking of children to the Libyan Arab Jamahiriya for the purposes of prostitution and slavery, and over the lack of information and awareness of the phenomenon of the trafficking and prostitution of children. The Committee on the Rights of the Child recommended that the state party: undertake a national study on the nature and extent of these phenomena; take legislative measures to combat these practices; and carry out awareness-raising campaigns to sensitize and mobilize the general public on the right of the child to respect the child’s physical and mental integrity. The Committee requests the Government to provide information on the measures taken to follow-up on the recommendations of the Committee of the Rights of the Child. It also requests the Government to provide information on the effective and time-bound measures taken or envisaged to prevent the trafficking of children for purposes of labour or sexual exploitation.

2. The Committee notes the Government’s statement according to which Act No. 95 of 1975 on compulsory education obliges the parents of children to educate their children. It also notes from the report submitted by the Government to the Committee on the Rights of the Child in 2000 (CRC/C/93/Add.1, paragraph 221), that article 14 of the Constitutional Declaration provides that education is compulsory up to the end of the intermediate stage, and is guaranteed by the State through the establishment of schools, colleges, universities and cultural educational institutions, in which education shall be offered free of charge. It also notes from the same Government’s report to the Committee on the Rights of the Child (paragraph 229) that the regulation concerning primary education stipulates that education is a right and duty for all citizens, boys and girls alike, at the primary stage, and is provided free of charge in all state schools. The Committee is of the view that education contributes to eliminating the worst forms of child labour. It requests the Government to indicate the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s statement that the Libyan Arab Jamahiriya is an active member in regional and international organizations which work on children in its programmes or in part of such programmes, such as UNICEF, UNCTAD, ALESCO, UNESCO; the Arab League and the International Labour Organization. It also states that it collaborates with numerous countries on subjects on which a number of Conventions were elaborated and aimed at cooperation, coordination and the exchange of technical experience among them. The Committee also notes that the Government ratified the Convention on the Rights of the Child in 1993. It further notes that the Libyan Arab Jamahiriya is a member of Interpol, which helps countries in the different regions to cooperate, especially in the fight against trafficking of children. The Committee asks the Government to provide further concrete information on any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Part III of the report form. The Committee notes the absence of information on this point in the Government’s report. The Committee therefore requests the Government to provide information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply a copy of the text of these decisions.

Parts IV and V. The Committee notes there is no information in the Government’s report on this point. It asks the Government to give a general appreciation of the manner in which the Convention is applied in the Libyan Arab Jamahiriya, and to indicate any practical difficulties, or any factors which may have prevented or delayed action against the worst forms of child labour. The Committee requests moreover the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions. To the extent possible, all information provided should be disaggregated by sex.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer