Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (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.