Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes with interest that Lebanon signed a Memorandum of Understanding with the ILO in 2000. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indication that a joint cooperation protocol was signed in 2002 between the Ministry of Social Affairs and UNICEF to ensure that children benefit from the rights laid down in the United Nations Convention on the Rights of the Child which includes the right to be protected from economic and sexual exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education. Pursuant to the Protocol, a four-year project on child labour was launched in 2002. It aims at: (a) developing intervention mechanisms to guarantee the rights of working children to education, health, social and psychological support; and (b) consolidating earlier achievements in the fields of child labour and support interventions in favour of child workers by making them part of the Ministry of Social Affairs’ activities. The Committee asks the Government to provide further information on the concrete measures taken to guarantee the rights of working children involved in the worst forms of child labour to education, health, social and psychological support as well as the results achieved.

Article 3. Worst forms of child labour. The Committee notes the Government’s indication that the draft amendment to the Labour Law, drawn up by a tripartite commission established by Decision No. 210 of 21 October 2001 of the Ministry of Labour, prohibits actions mentioned in Article 3, clauses (a), (b) and (c) of the Convention and prohibits the employment or work of juveniles under 18 years of age in any form of work or employment which could threaten their life, health or morals. The Government further indicates that the revision aims at determining, on the basis of Convention No. 182, the types of work to be considered as the worst forms of child labour. The Committee hopes that the Government takes the necessary measures to ensure that the national legislation will be amended shortly so as to bring it into line with the Convention. It also asks the Government to provide a copy of the amended text as soon as it is adopted.

Clause (a). All forms of slavery or practices similar to slavery. 1. Trafficking. The Committee observes that the Government indicated in a communication dated 5 August 2003 on the application of the Forced Labour Convention, 1930 (No. 29) that the Labour Code does not specifically prohibit the trafficking of women and children. However, sections 514 and 515 of the Penal Code of 1943 are relevant to this end. Section 514 states that a person who abducts a girl or a woman for the purpose of marriage commits an offence. Section 515 of the Penal Code states that a person who abducts a person for the purpose of committing an act of debauchery commits an offence. The Committee requests the Government to define the term "act of debauchery" used under section 515 of the Penal Code. It also asks the Government to provide information on the measures taken or envisaged to ensure that the trafficking of children for purposes other than committing acts of debauchery (for example for the purpose of labour exploitation) is prohibited.

2. Forced or compulsory labour. The Committee notes the absence of information in the Government’s report on this point. However, it observes that section 8(3a) of Decree No. 3855 of 1 September 1972 prohibits the exaction of illegal forced or compulsory labour.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the absence of information in the Government’s report on this point. It requests the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age do not take part in armed conflict, either as part of the governmental armed forces or any other armed groups or militias.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes the Government’s indication that Chapter 7 of the Penal Code (sections 503 and following) deals with crimes against public morals. According to section 525 of the Penal Code, it is an offence to maintain a person against his/her will in a brothel or to force such a person to become a prostitute. It also notes that, by virtue of section 526 of the Penal Code, a person who facilitates the soliciting of another person for the purpose of prostitution commits an offence. According to section 527 of the Penal Code, it is also an offence to live off the earnings of prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee observes that, by virtue of section 533 of the Penal Code, a person who produces, exports, imports or possesses writings, drawings, illustrations, photographs, films, emblems, or any other obscene object, with a view to selling or distributing such object commits an offence. It also notes that section 509 states that anyone who commits an obscene act on a child under 15 years of age or induces a child under 15 years of age to commit an obscene act commits an offence. However, the Committee observes that there do not appear to be any provisions in the Penal Code specifically addressing the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. The use, procuring or offering of a child for the production and trafficking of drugs.  The Committee notes the Government’s indication that Decree No. 673 of 16 March 1998 prohibits the use, manufacturing, extraction, possession, transport, trafficking, importation or exportation of drugs. Since the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited, the Committee asks the Government to indicate the measures taken or envisaged to this end. The Committee also requests the Government to provide a copy of Decree No. 673 of 16 March 1998.

2. Causing or allowing children to be used for begging. The Committee observes that, according to section 618 of the Penal Code, it is prohibited to cause or allow a child to be used for begging.

Clause (d). Hazardous work. The Committee notes that, by virtue of section 23(1) of the Labour Law (as amended in 1996 and 1999), young persons who have not turned 15, shall not be employed in industrial projects and activities which are physically demanding or detrimental to their health as set out in Annexes 1 and 2. Section 23(1) of the Labour Law also prohibits the employment of young persons who are under 16 in activities that are dangerous by nature or which endanger their life, health or morals owing to the circumstances in which they are carried out. However, the Committee notes the Government’s indication that the draft amendment to the Labour Law, drawn up by a tripartite commission established by Decision No. 210 of 21 October 2001, prohibits the employment of juveniles under 18 years of age in any work which could threaten their life, health or morals. The Committee also notes the Government’s indication that Decree No. 700/1999 "prohibits the employment of young persons before they have completed 16 years (i.e. turned 17 years of age) or completed 17 years (i.e. turned 18 years of age) in work that is hazardous by nature or that threatens their life, health or morals. The Government also states that the Decree will be revised by the Ministry of Labour and the National Committee to Combat Child Labour to bring it into line with the Convention. This National Committee is composed of representatives of organizations of employers and workers. The Committee reminds the Government that, in accordance with Article 3(d) of the Convention, 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 constitutes one of the worst forms of child labour and as such shall not be performed by children under 18 years of age. The Committee hopes that the Government will take the necessary measures to ensure that Decree No. 700/199 and the Labour Law will be amended soon to clearly state that children under 18 years of age shall not perform hazardous work. It asks the Government to provide a copy of the amended texts as soon as they are adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee observes that Decree No. 700/1999 provides for a detailed list of the types of hazardous work in which it is prohibited to employ a child who is under 17 years of age. The list of types of hazardous work includes the manufacture or handling of explosives, demolition work, crystal and glass manufacturing, underwater work, and work performed in mines or quarries. However, it notes that according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/70/Add.8, 26 September 2000, paragraph 411), 8 per cent of child workers aged 10 to 13 years, and 11 per cent of child workers aged 14 to 17 work in mines and quarries. A large number of child workers (34 per cent of child workers aged 10 to 13 and 24 per cent  of child workers aged 14 to 17) are employed in mine facilities and in the repair of electrical and electronic equipment even though such work is prohibited.

Paragraph 2. Identification of hazardous work. The Committee notes the Government’s statement that the identification of the types of hazardous work will be based on the results of studies undertaken on this matter and the national study on child labour. However, it observes that one of the objectives of the ILO/IPEC project entitled: "Prevention, rehabilitation and combating the worst forms of child labour in the Al Tebana, Tripoli District", launched in June 2002, is to identify health and safety hazards that child workers suffer from and develop solutions to eliminate this phenomenon. The Committee asks the Government to provide information on the types of work identified as hazardous as a result of the ILO/IPEC project and to provide further information on studies undertaken on this point in regions other than the Al Tebana, Tripoli District.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes the Government’s indication that Decree No. 3273 of 26 June 2000 entrusts the Labour Inspection, Safety and Prevention Authority in the Labour Ministry, with the supervision of the implementation of all labour laws and regulations. It also notes that according to the Child Labour Project Report (dated 28 February 2002) provided by the Government, laws and legislation on child labour are not fully enforced in practice. In its report, the Government states that the heads of the Regional Central Units of the Labour Inspections Authority were consequently requested to carefully examine undertakings and assess whether they comply with relevant legal provisions on child labour. Labour inspectors were asked to give priority to the supervision of legislation on child labour. The Committee further notes that the Ministry of Labour, in cooperation with IPEC, has organized several seminars to explain the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), to labour inspectors. The Committee notes that, according to section 3 of Decree No. 3273 of 26 June 2000, labour inspectors shall submit annual reports on the outcome of their activities to the Ministry of Labour. The Committee requests the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings.

2. The National Committee to Combat Child Labour. The Committee notes that Decree No. 13/1 of 11 February 1998 establishes a National Committee to Combat Child Labour which is responsible, with the assistance of the ILO/IPEC, for preparing and monitoring programmes to combat the worst forms of child labour. The Committee asks the Government to provide information on the concrete measures taken by the National Committee to Combat Child Labour to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that a study is being prepared by the ILO/IPEC on child labour in Lebanon and that it will contain guidelines and general recommendations for a national policy on child labour. The Committee asks the Government to provide information on the guidelines provided by IPEC as well as the concrete measures taken to eliminate the worst forms of child labour.

1. Elimination of the worst forms of child labour in the Sin el Fil Borj Hammoud Area. The Committee notes that the Government launched with the assistance of ILO/IPEC a "Comprehensive project for the prevention and elimination of the worst forms of child labour in the Sin el Fil Borj Hammoud Area" in September 2001. The project is expected to come to an end in September 2004. The Committee requests the Government to provide information on the concrete measures taken to implement the abovementioned project, and the results achieved. It also asks the Government to indicate whether this project will be expanded to other parts of the country.

2. Programmes of action undertaken by the General Confederation for Labour (CGL) to eliminate the worst forms of child labour. The Committee notes the Government’s indication that the CGL, with the assistance of ILO/IPEC, launched a programme to combat the worst forms of child labour. To this end, it established: (a) a special unit to combat child labour at the CGL headquarters endowed with manpower and equipment; (b) labour committees in charge of inspecting workshops; and (c) a central committee composed of representatives of all governorates and representatives of the region. The Government further states that according to the CGL, the establishment of these labour and central committees resulted in discovering and dismantling a child pornography network as well as providing work for the families of working children (in supermarkets or factories). The Committee asks the Government to continue to provide information on the measures taken by the CGL to eliminate the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that, according to section 515 of the Penal Code, a person who abducts another person for the purpose of committing an act of debauchery is liable to forced labour for a fixed period of time. A person, who maintains another person against his/her will in a brothel or forces this person to become a prostitute, is punishable by two months’ to two years’ imprisonment and a fine of between 25 and 250 Lebanese pounds (section 525 of the Penal Code). Section 526 of the Penal Code provides that a person who facilitates the soliciting of a person for the purpose of prostitution is liable to imprisonment for one month to one year and a fine of 10 to 100 Lebanese pounds. According to section 527 of the Penal Code, a person who lives off the earnings of prostitution is punishable by six months’ to two years’ imprisonment and a fine of between 10 and 100 Lebanese pounds. The Committee also observes that a person who causes or allows a child to be used for begging is liable to six months’ to two years’ imprisonment and a fine of between 10 and 100 Lebanese pounds (section 618 of the Penal Code). Sections 107 and 108 of the Labour Code provide for a fine of 100 to 1000 Lebanese pounds and 30 days’ to three months’ imprisonment for anyone who infringes the provisions of the Labour Code and regulations based on it, which include the prohibition to employ children under 16 years of age in hazardous work (section 23(1) of the Labour Code, and Decree No. 700/1999). The Committee asks the Government to indicate the penalties applicable for the violation of section 8(3a) of Decree No. 3855 of 1 September 1972 which prohibits forced or compulsory labour. It also requests the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Centre for Child Labour Prevention. The Committee notes that a Centre for Child Labour Prevention in the Nabbattiye District was established as a result of the cooperation between the Ministry of Education and ILO/IPEC during a one-year project (September 2001 to September 2002) entitled "Prevention, rehabilitation, and elimination of the worst forms of child labour in the Caza of Nabbattiye, South Lebanon". The Centre is responsible for setting up a database on the phenomenon of child labour, setting up educational, cultural and recreational programmes, and increasing social awareness on the risks arising out of child labour and disseminating information on the rights of the child. The Committee notes that the CGL also contributes to awareness raising by preparing pamphlets and posters to combat the worst forms of child labour; these pamphlets and posters are then distributed in schools. The Committee asks the Government to continue to provide information on the measures taken to prevent the engagement of children in the worst forms of child labour, especially in districts other than Nabbattiye. It also asks the Government to provide information on the data and findings of the studies conducted on child labour in Nabbattiye District. The Committee further requests the Government to provide information on the impact of the measures taken by the Centre for Child Labour Prevention on preventing the engagement of children in the worst forms of child labour.

2. Ensuring access to free basic education. The Committee notes the Government’s indication that Law No. 686 of 16 March 1998 provides for free and compulsory primary education until 12 years of age, but has not been implemented. The Committee also notes the Government’s indications to the Committee on the Rights of the Child (CRC/C/70/Add.8, 26 September 2000, paragraph 199) that education is not free even for families who register in state schools or in private non-fee paying schools. The cost of education in these schools is much lower; the average cost nevertheless amounts to 421,000 Lebanese pounds per student per year. The Committee notes, for instance, that the ILO/IPEC project on "Prevention, rehabilitation and combating the worst forms of child labour in Al-Tebana, Tripoli" aims at training 25 teachers for primary education and at providing financial support to low-income families. It also observes that, in 2000, the World Bank approved loans to Lebanon to enhance the Ministry of Education’s capacity to improve the quality and efficiency of the education system. The Committee requests the Government to provide information on the time-bound measures taken or envisaged to ensure free basic education for children throughout the country.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes that the ILO/IPEC project on "Prevention, rehabilitation and combating the worst forms of child labour in Al-Tebana, Tripoli" aims at identifying working children and withdrawing them from degrading work. One of its objectives is to withdraw 100 children from workplaces classified as dangerous by improving their working conditions, to move them to a place of work with better working conditions, or to enrol them in vocational training or educational programmes.

The Committee notes that a Social Associations Joint Committee was established in the Nabbatiye district to provide assistance to child workers. According to the report from the Centre for Child Labour Prevention provided by the Government, the number of working children in the Nabbatiye District amounts to 1,968 children, of which 82 per cent are employed in occupations that could be classified, according to the report, as "worst forms of child labour". The Committee observes that a Centre for the Prevention of the Worst Forms of Child Labour was created by the Ministry of Education, the Vocational Training Directorate and ILO/IPEC following a study undertaken by UNICEF in 2000 which revealed that the situation of child workers was problematic. Since March 2002, the Centre has undertaken activities and provided many services such as vocational training courses in sanitary installations and men’s hairdressing. The vocational training courses organized in mechanics resulted in 29 children graduating. It also provided training courses on accidents at work, and on the danger of working in mines.

The Committee observes that the Coordination Committee of the Sin El Fil Borj Hammoud institutions has taken measures to provide children aged 14 to 18 years who are either not at school, on the street or at work, with education. Thus, 150 children were trained in car mechanics, electricity supplies, hairdressing, tailoring, carpentry and nursing. According to the report on the activities of the Coordination Committee, a "substantial" number of children aged 10 to 15 years are unable to read or write and considering that these children are too young and do not have the ability to undertake vocational training, the Coordination Committee consequently launched a special teaching programme to provide these children with reading and writing courses.

The Committee encourages the Government to pursue its efforts to withdraw children from the worst forms of child labour and to provide assistance for their rehabilitation and social integration throughout the country. It also asks the Government to continue to provide information on the time-bound measures taken to this end, and the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. Self-employed and unpaid child workers in hazardous work. The Committee notes that, by virtue of section 23 of the Labour Law, children under 16 shall not be employed on any work which is harmful to their health, safety or morals. However, the Committee observes that, by virtue of section 1 of the Labour Law, the scope of application of this Act (and regulations based on it) is limited to persons who work in an industrial, commercial or agricultural undertaking for a wage or for another kind of remuneration. It also observes that, according to the ILO/IPEC Rapid Assessment on Child Labour on Tobacco Plantations (page 9), 6.6 per cent of child workers aged 10 to 14 years were unpaid workers and 6.8 per cent were unpaid family workers in 1997. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that unpaid and self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

2. Palestinian children. The Committee notes that the Committee on the Rights of the Child expressed its concern about the high rate of Palestinian children living below the poverty line, as well as the lack of access by Palestinian children to many basic rights, including health, education and an adequate standard of living (CRC/C/15/Add.169, 21 March 2002, paragraph 54). The Committee accordingly requests the Government to provide information on the measures taken or envisaged to protect Palestinian children under 18 from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee notes the absence of information in the Government’s report on this point. The Committee accordingly requests the Government to provide information on the time-bound measures taken or envisaged to address the special situation of girls.

Article 7, paragraph 3. The Committee notes the Government’s indication that the Ministry of Labour is responsible for supervising the implementation of the provisions of the Labour Code, including those regarding the employment of juveniles, through its various bodies, in particular, the Labour Inspection, Prevention and Safety Authority. Complaints are investigated by the Department of Investigation and Labour Questions. The Government also indicates that the other ministries concerned by the provisions of the Convention each have their own supervisory bodies.

Article 8. International cooperation. The Committee notes that Lebanon is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Lebanon ratified the Convention on the Rights of the Child in 1991, the Convention on Combating Transnational Organized Crime in 2002 and signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2000. The Committee asks the Government to indicate 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, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government’s indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. The Committee asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee notes that, according to the ILO/IPEC Rapid Assessment on Child Labour on Tobacco Plantations of 2002 (page 9), the majority of working children are paid very low salaries. A study conducted in Beirut’s northern suburbs in 1996 revealed that 65 per cent of child workers get less than half the minimum wage rate and were working more than ten hours per day without being registered by employers in the National Social Security Fund and consequently were not covered by health or medical insurance. The Committee would be grateful if the Government would provide information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention. The Committee also requests the Government to provide in its next report information on the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.