Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Trafficking. The Committee had previously noted that the relevant legislation does not specifically prohibit the trafficking of women and children. It had also noted that sections 514 and 515 of the Penal Code punish as offences respectively the abduction for the purpose of marriage and the abduction for the purpose of committing an "act of debauchery". The Committee had asked the Government to indicate the meaning of the term "act of debauchery". It had also asked 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 purpose of labour exploitation) is prohibited. The Committee notes the Government’s information that the request on the meaning of "act of debauchery" has been transmitted to the Ministry of Justice. It also notes the Government’s statement that, regarding the measures taken to combat child trafficking, the Ministry of Labour does not give a work permit to persons under 18 years and that any person who works illegally in Lebanon is punished by the laws in force. The Committee observes that the said provisions apply in the framework of a formal legal employment relationship, while the phenomenon of the sale and trafficking of children generally occurs in an illegal informal framework.

The Committee recalls that by virtue of Article 3(a) of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that the trafficking of children under 18 years for purposes of labour and sexual exploitation is prohibited.

2. Compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes the Government’s statement that, according to section 107 of Legislative Decree No. 102 of 16 September 1983 (National Defence), the minimum age to be recruited by the military headquarters is 18 years. The Committee takes note of this information. It asks the Government to supply a copy of Legislative Decree No. 102 of 1983 with its next report.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 533 of the Penal Code punishes any person who produces, exports, imports or possesses obscene material with a view to selling or distributing it. It had also noted that section 509 states that anyone who commits an obscene act on a child under 15 years of age or induces the child to commit an obscene act, commits an offence. However, the Committee had noted that there did not appear to be any provision in the relevant legislation 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 notes the Government’s information that section 33(b) of the draft amendment to the Labour Code set up by virtue of Order No. 210 of 20 December 2000, specifies that the use, procuring or offering of a child or young person for the production of pornography or for pornographic performances is punishable under the Penal Code, in addition to the penalties imposed by the Labour Code on any person who participates, encourages, facilitates or incites anyone to use, procure or offer a child or young person for the production of pornography or for pornographic performances. The Committee asks the Government to keep it informed on any developments with regard to the adoption of section 33(b) of the draft amendment to the Labour Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had noted that Act No. 673 of 1998 generally prohibits the use, manufacturing, possession, trafficking, importation and exportation of drugs. It had asked the Government to provide information on the measures taken or envisaged to ensure that the use, procuring and offering of a child under 18 years for the production and trafficking of drugs is prohibited. The Committee notes the Government’s information that section 33(c) of the draft amendment to the Labour Code provides that any person, who participates, encourages, facilitates, or incites another to use, procure or offer a child or young person for illicit activities, especially for the production and trafficking of drugs, commits a penal crime in accordance with the Penal Code. The Committee asks the Government to keep it informed on any developments with regard to the adoption of section 33(c) of the draft amendment to the Labour Code.

Clause (d). Hazardous work. The Committee had previously noted that, according to section 23(1) of the Labour Law, young persons under 15 years of age 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. It had also noted that the same section also prohibits the employment of young persons who are under 16 years 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. The Committee notes the Government’s information that section 1 of Decree No. 700 of 1999 prohibits the employment of young persons before they complete 17 years of age (i.e. beginning of 18 years). The Committee asks the Government to indicate whether section 23(1) of the Labour Law was repealed by Decree No. 700 of 1999.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the types of work identified as hazardous as a result of the ILO/IPEC project launched in 2002 "Prevention, rehabilitation and combating the worst forms of child labour in the El Tebana, Tripoli District", and to provide further information on the studies undertaken on this point in regions other than El Tebana, Tripoli District. The Committee notes the Government’s statement that the Ministry of Labour is currently establishing a tripartite committee aimed at identifying the worst forms of child labour. It also notes the Government’s information that a plan for identifying hazardous work was formulated as well as a database on the subject. The Committee asks the Government to communicate any results concerning the identification of the worst forms of child labour, as soon as this information becomes available.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee had previously noted that the Labour Inspection, Safety and Prevention Authority in the Labour Ministry is in charge of the supervision of the implementation of all labour laws and regulations. It had noted that, however, according to the Child Labour Project Report of 2002, laws and legislation on child labour are not fully enforced in practice. The Committee had also noted that, according to the Government’s report 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 10-13 years and 11 per cent of child workers aged 14-17 work in mines and quarries. Moreover, a large number of child workers (34 per cent aged 10-13 and 24 per cent aged 14-17) are employed in mine facilities and in the repair of electrical and electronic equipment even though such work is prohibited. The Committee notes the Government’s indication that efforts are ongoing to promote the role played by the labour, occupational health, and safety inspectorate in supervising child labour legislation. To that end, a training session for the labour inspectorate in Beirut was organized on inspection and child labour on March 2004. Moreover, an inspection form was prepared on occupational health and safety at workplaces where children work. The Committee notes the Government’s information that it will be possible to provide further information on the activities of labour inspectors in this field when the second phase of the occupational health and safety plan and hazardous work by children is implemented. The Committee encourages the Government to strengthen the role of labour inspection and requests the Government to continue providing information on its activities, especially regarding the supervision of hazardous work performed by children under 18 years of age. The Committee also asks the Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons.

2. National Committee to Combat Child Labour. The Committee had previously asked the Government to provide information on the 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. It notes the Government’s information that the National Strategy for Combating Child Labour formulated by the National Committee to Combat Child Labour was communicated to the Council of Ministers for discussion. The Committee asks the Government to continue providing 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 as a priority the worst forms of child labour. The Committee notes the Government’s information that the study of child labour in Lebanon commissioned by the ILO/IPEC Office for Arab States in Beirut includes trends and recommendations aimed at eliminating the worst forms of child labour. The Committee notes that the abovementioned study provides for the following recommendations: (a) provide for a database of updated information on child work; (b) provide for a National High Committee in charge of child labour; (c) provide for preventive, social and educational measures to combat child labour; (d) raise awareness on child labour issues; and (e) address the situation of children performing hazardous work, girls and street boys. The Committee asks the Government to provide information on any programme of action adopted pursuant to this study aimed at eliminating as a priority the worst forms of child labour.

The Committee had previously noted that the General Confederation for Labour (CGL) with the assistance of the ILO/IPEC launched a programme to combat the worst forms of child labour, including investigative measures and providing work for the families of working children. The Committee once again asks the Government to provide further information on the measures taken under the CGL programme to eliminate the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. The Committee had previously noted that sections 515, 526, 527 and 618 of the Penal Code establish sufficiently effective and dissuasive penalties of imprisonment and fines for breach of the provisions prohibiting: abduction; unlawful detention for purpose of prostitution; incitement to prostitution; begging. It had also noted that sections 107 and 108 of the Labour Code establish penalties of imprisonment and fines for breach of the provisions of the Labour Code, including the prohibition of hazardous work. The Committee notes the Government’s information that the penalties set out in Act No. 17/9/1962, which repeals sections 107 and 108 of the Labour Code, have been increased by virtue of the Acts on the budget for 1991 and 2000. The new penalties imposed on any person who violates the Labour Code consist of a fine varying from 250,000 and 2,500,000 Lebanese pounds and imprisonment from one to three months. It also notes the Government’s information that section 4 of Act No. 17/9/1962 as amended by Decree No. 9816, and the Acts of the budget for 1991 and 2000, provides that if the person in violation obstructs the official who is responsible for taking down the violation during his duty, or stops him from doing his job, he/she shall be punished by paying a fine varying from 1,250,000 and 2,500,000 Lebanese pounds in addition to the penalties set up in the Penal Code and be sentenced to imprisonment of one to three months.

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. Free basic education. The Committee had previously noted 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 had also noted that, according to the Government’s report to the Committee on the Rights on the Child (CRC/C/70/Add.8, 26 September 2000, paragraph 199), education is not free even for families who register in state schools or in private non-fee-paying schools. The Committee notes that, according to the 2004 IPEC survey on gender, education and child labour in Lebanon, 18.9 per cent of children drop out of school at elementary level (6-11 years), 22.8 per cent at the intermediate level (12-15) and 10.6 per cent at the secondary level. According to the same source, the figures confirm that dropping out of school is a major contributing factor to the early participation of boys and girls in the labour market. The majority of working children are illiterate or drop out of school before the completion of elementary level. According to the IPEC survey, poor families who intend to give their children an education in the public system cannot always do so for many reasons, including the lack of availability of public transportation in all areas, and the direct and indirect costs of education, which are unaffordable for poor families. Moreover, the public school system does not offer children an environment that protects them from going to the labour market. The Committee considers that education contributes to the elimination of the worst forms of child labour. It once again requests the Government to provide information on the time-bound measures taken or envisaged to ensure free basic education for children throughout the country.

2. Project for the prevention and elimination of the worst forms of child labour in the Sin el Fil Borj Hammoud Area. The Committee had previously noted that Lebanon had 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 2001, which was expected to be completed in September 2004. The Committee notes the Government’s information that eight institutions participated in this project. It notes that this project is mainly aimed at providing for preventive measures, such as: (a) training social assistants on educational and social issues regarding children; (b) raising awareness on child education issues, involving children, parents, teachers, public and semi-public institutes; (c) studying the causes of dropouts; (d) stimulating children’s attendance at school also through participation in social events; and (e) counselling families and children on educational issues. The Committee asks the Government to continue providing information on the project for the prevention and elimination of the worst forms of child labour in the Sin el Fil Borj Hammoud Area.

3. Centre for Child Labour Prevention in Nabbatiye District and Centre for Protection against Child Labour in El Tebana, Tripoli. The Committee had previously noted that a Centre for Child Labour Prevention in Nabbatiye District was established as a result of the cooperation between the Ministry of Education and ILO/IPEC during the 2001-02 project "Prevention, rehabilitation and elimination of the worst forms of child labour in the Caza of Nabbatiye, South Lebanon". It notes that, according to the statistical data provided by this Centre, based on 30 schools analysed, in 2003-04 144 boys (71 per cent) and 59 girls (29 per cent) dropped out from school. The percentage of dropouts is higher at the age between 15 and 16. The Committee notes the Government’s information that a number of preventive measures have been taken by the El Tebana, Tripoli, Centre for protection against child labour, on the issue of combating the worst forms of child labour, especially with regard to raising awareness and disseminating informative material. The Committee asks the Government to continue providing information on the programmes adopted by the Centre for Child Labour Prevention in Nabbatiye District, and by the Centre for Protection against Child Labour in El Tebana, Tripoli, and results achieved with regard to preventing children from being engaged in the worst forms of child labour.

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 had previously noted that the Centre for the Prevention of the Worst Forms of Child Labour in Nabbatiye District and the Coordination Committee of the Sin El Fil Borj Hammoud have taken a number of measures aimed at rehabilitating children involved in the worst forms of child labour. It had also noted that, one of the objectives of the ILO/IPEC project on "Prevention, rehabilitation and combating the worst forms of child labour in El Tebana, Tripoli" was to withdraw 100 children from workplaces classified as dangerous. The Committee encourages the Government to redouble 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 once again asks the Government to continue providing information on the time-bound measures taken to this end and the results achieved.

Clause (d). Identify and reach out to children at special risk. 1. Self-employed and unpaid child workers in hazardous work. In its previous comments, the Committee had asked 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 and the circumstances in which they are carried out, are likely to harm their health, safety or morals. The Committee notes the Government’s information that Decree No. 3273 of 2000 on working inspections applies to all employers and workers prescribed by the Labour Code, including self-employed workers if they are under 18 years. On the other hand, Decree No. 3273 of 2000 entrusted to the labour inspectorate the monitoring of the safety and preventive measures in family undertakings, especially with respect to hazardous work. The Committee takes note of this information.

2. Palestinian children. The Committee had previously requested the Government to provide information on the measures taken or envisaged to protect Palestinian children under 18 years from the worst forms of child labour. The Committee notes the Government’s information that the National Strategy to Combat Child Labour includes direct interventions in some regions and gives priority to regions where the phenomenon of child labour exists on a wide scale, most important of which are the camps of Palestinian refugees and the surrounding regions. The Committee asks the Government to continue providing information on the measures taken pursuant to the National Strategy to Combat Child Labour aimed at protecting Palestinian children from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee had previously asked the Government to provide information on the time-bound measures taken or envisaged to address the special situation of girls. The Committee notes the Government’s information that the National Strategy to Combat Child Labour also targets domestic work undertaken by girls, and street children. The Committee asks the Government to provide further information on the concrete measures taken pursuant to the National Strategy to Combat Child Labour aimed at addressing the special situation of girls and street children.

Article 8. International cooperation. The Committee notes the Government’s information that the United States Government contributes to the reduction of the worst forms of child labour in the Middle East and North Africa through the project "Alternatives to combating child labour through education and continued services in Middle East and North Africa - ACCESS MENA". It notes the Government’s statement that in Lebanon this project is targeted at children under 15 years or children who are under the threat of dropping out from school for economic reasons or difficulty in learning. The activities proposed under this project include: literacy sessions; expedited vocational training sessions and raising awareness on the rights of the child. The Ministry of Education, Labour and Social Affairs, ILO/IPEC, NGOs and civil society collaborate on the ACCESS-MENA project. Moreover, under this project a "Workshop on working Children" with the slogan "From work to education" was organized on 8 July 2005 in collaboration with the unit to combat child labour at the Ministry of Labour, IPEC/ILO and NGOs. The aim of such a workshop was to raise awareness on the rights of working children as well as giving them the right to express their views and needs. The Committee asks the Government to continue providing information on the activities and programmes undertaken under the project ACCESS-MENA aimed at the elimination of the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s information that no decisions have been issued relating to the legislation relevant to the application of the Conventions. The Committee asks the Government to provide information on any court decisions involving questions of principle relating to the application of the Convention, as soon as this information becomes available.

Part V of the report form. The Committee notes that, according to the information provided by the Centre for Prevention against Child Labour in the Nabbatiye District, in the period 2003-04, 275 children were found working in hazardous conditions in the manufacturing industry; 189 in the tobacco plantations; 112 in repairing workshops; and 43 in street vending. The Committee notes that, according to the 2004 IPEC survey on gender, education and child labour in Lebanon, non-Lebanese children constitute a larger proportion of the children working on the street. Moreover, all studies documented that children worked very long hours, were unpaid and, in the case of the street children, were involved in prostitution. Most of the children were above 10 years of age, but younger boys and girls, even as young as 6 years, were identified especially on the street and in tobacco plantations. The Committee asks the Government to continue providing 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.