Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s information that in 2000 a Memorandum of Understanding (MOU) was signed between the Ministry of Labour and the ILO/IPEC aimed at formulating policies and programmes for the eradication of child labour and the protection of working children, especially from hazardous work. It notes the Government’s information that, following the MOU, the Ministry of Labour established a National Committee to Combat Child Labour whose task is to prepare and follow up on the implementation of programmes aimed at combating child labour in collaboration with ILO/IPEC, International Organizations and NGOs. Moreover, a Special Unit to Combat Child Labour has been constituted within the Ministry of Labour, which is responsible for child labour and collaborates with the Government and civil society, regional and international organizations. The Committee notes the Government’s information that, following the finalization in 2004 of a study on child labour commissioned by ILO/IPEC, the Ministry of Labour has launched a national strategy to eliminate child labour. The Ministry of Labour has also organized, in collaboration with ILO/IPEC, a number of symposia and training sessions for the Ministry’s officials responsible for monitoring of laws relating to child labour. Moreover, a Symposium on Working Children was organized in July 2005 by NGOs in collaboration with the Ministry of Labour. The Committee takes due note of this information and requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and results attained.

Article 2, paragraph 1. Scope of application. The Committee notes that the Labour Code of 1956, as amended by Law No. 536 of 1996, only applies to work performed under an employment relationship (by virtue of sections 1, 3 and 8 of the Code). The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, be they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. The Committee accordingly requests the Government to provide information on the manner in which children who are not bound by an employment relationship, such as those who are self-employed, are covered by the protection provided for in the Convention.

Article 2, paragraph 2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratifying the Convention, Lebanon declared 14 years as the minimum age for admission to employment or work. It notes the Government’s information that the minimum age for admission to work has been fixed at 14 years because educational facilities and the socio-economic situation in Lebanon are not developed to a specific level, due to the difficulties witnessed by Lebanon in past years. It notes that Act No. 536 of 24 July 1996, amending sections 21, 22 and 23 of the Labour Code, prohibits the employment of young persons before they complete 13 years old (i.e. beginning of 14 years). The Committee also notes the Government’s information that section 9 of the draft Labour Code, which was prepared by the tripartite committee set up by the Ministry of Labour’s Order No. 210/1 of 2000, prohibits the employment or work of young persons before they complete 14 years (i.e. beginning of 15 years), in conformity with Convention No. 138. The Committee requests the Government to provide information on any progress made in adopting the draft Labour Code and, in particular, any provision thereof prohibiting the admission of young persons under the age of 15 years to employment or work.

Article 2, paragraph 3. Compulsory education. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of 2002 (CRC/C/15/Add.169), while noting with appreciation the law making basic education free and compulsory until the age of 12, is nevertheless concerned about the implementation of the law. It notes the Government’s information that Act No. 686/1998 relating to free and compulsory education in the primary phase has not so far been applied, due to the economic conditions of the country and the insufficient educational facilities. The Committee also 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 to 11 years), 22.8 per cent at the intermediate level (12 to 15) and 10.6 per cent at the secondary level. According to this survey, dropping out of school is a major contributing factor to the early participation of boys and girls in the labour market. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention, is fulfilled since the minimum age for employment (14 years for Lebanon) is not less than the age of completion of compulsory schooling (12 years). The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum Age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. In this regard, the Committee hopes that the Government will indicate any new developments on this point.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes the Government’s information under Convention No. 182, 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 also notes that Decree No. 700/1999 provides for a detailed list of the types of hazardous work in which it is prohibited to employ young persons. The types of hazardous work include the manufacture or handling of explosives, demolition work, crystal and glass manufacturing, underwater work, and work performed in mines and quarries. The Committee also notes the Government’s information that the National Committee to Combat Child Labour is currently formulating a statute on the worst forms of child labour which, in accordance with Article 3(d) of Convention No. 182 and Article 3, paragraphs 1 and 2, of Convention No. 138, prohibits the employment of children under 18 years in work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of children. The Committee requests the Government to provide information on any developments towards the adoption of the statute which prohibits the employment of children under 18 years of age in hazardous work.

Article 3, paragraph 3. Authorization to undertake hazardous work from 16 years. The Committee notes the Government’s information that section 23(1) of the Labour Law prohibits the employment of young persons under 15 years of age in industrial projects and activities which are physically demanding or detrimental to their health, as set out in Annexes 1 and 2. The Committee observes that section 23(1) of the Labour Code is not in conformity with Article 3, paragraph 3, of the Convention, to the extent that it seems to allow young persons from 15 to 16 years to perform hazardous work. The Committee notes the Government’s information that the draft amendment to the Labour Code includes the principles specified in Article 3, paragraph 3, of the Convention. In this regard, the Committee reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age, on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government, in the framework of the Labour Law review, to provide information on the measures taken to ensure that only young persons between 16 and 18 years of age can perform hazardous work in accordance with the requirements of Article 3, paragraph 3, of the Convention.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes the Government’s information that section 7 of the Labour Code excludes from its application, and consequently from the scope of the Convention, the following categories of work: (a) workers in households in Beirut; (b) agricultural trade unions which are unrelated to trade and industry and which shall have their own legislation; (c) undertakings which only employ family members under the management of the father, mother or guardian; and (d) Government departments and municipal bodies with respect to daily and temporary workers not covered by the regulations governing officials. The Committee also notes the Government’s reference to the draft amendment to the labour Code which regulates: (a) the employment of domestic workers in Beirut; (b) seasonal or temporary agricultural workers who do not work in trade or industry; (c) undertakings which only employ family members under the management of the father, mother or guardian, by decree issued by the Council of Ministers. The Committee recalls that, under Article 4, paragraph 2, each Member that ratifies the Convention shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories.

Article 6. Vocational training and apprenticeship. The Committee notes the Government’s information that section 25 of the Labour Code, as amended by virtue of Act No. 91 of 14 June 1999, states that institutions prepared for learning occupations may derogate from sections 22 and 23 of the Labour Code, provided that the young persons have completed at least 12 years (i.e. beginning of 13 years), and on condition that such institutions indicate the type of occupation, working hours and its conditions, approved by both the Minister of Labour and health departments. It also notes the Government’s indication that the National Centre for Vocational Training, managed by a tripartite council, is responsible for training in specific industrial occupations, as from the age of 14 years, filling the void caused by the lack of enforcement of free and compulsory education. Furthermore, the Public Department for Vocational and Technical Training gives an opportunity of training as from the age of 12 years, including theoretical and practical training in industrial undertakings. Finally, vocational school programmes are also offered in the private sector as from the age of 12 years. The Committee notes the Government’s information that section 16 of the draft amendment to the Labour Code provides for the definition of “training contract” and states that the minimum age to receive vocational training under a contract is 14 years, provided that conditions to safeguard the health, safety or morals of the young persons in question are respected. The Committee requests the Government to provide information on any progress made in adopting section 16 of the draft amendment to the Labour Code.

Article 7. Light work. The Committee notes the Government’s information that the draft amendment to the Labour Code authorizes the employment or work of young persons in light work when they complete 13 years of age (beginning 14 years), provided that such employment or work is not likely to jeopardize their health, safety or morals because of its nature or the circumstances in which it is carried out. It shall not weaken their capacity to benefit from education received, nor should it impact on their participation in programmes on vocational training and guidance approved by the competent authority. It notes the Government’s information that light work shall be determined by an order taken by the Minister of Labour. In the framework of the Labour Code review, the Committee requests the Government to inform it of the adoption of provisions regulating light work, as well as of the determination of activities constituting light work, in conformity with Article 7 of the Convention.

Article 8. Artistic performances. The Committee notes the Government’s information that Lebanon has not so far taken any measures to benefit from such exceptions, because it is rare to see the employment of young persons under the age of 14 years in artistic performances.

Article 9, paragraph 1. Penalties. The Committee notes the Government’s information 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 value of the penalties set out in Act No. 17/9/1962, which repeals sections 107 and 108 of the Labour Code, has 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/or 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. The Committee takes due note of this information.

Article 9, paragraph 3. Keeping of registers. The Committee notes the Government’s information that, by virtue of section 2 of Decision No. 65/1 of 1995 issued by the Minister of Labour, an employer shall keep a register on persons employed under the age of 18 years, indicating their date of birth. The Committee takes due note of this information.

Part III of the report form. The Committee notes the Government’s information that, by virtue of section 2 of Decree No. 3271 of 26 June 2000, the Labour, Safety and Prevention Inspectorate within the Ministry of Labour (in addition to labour courts), is responsible for the monitoring of implementation of the provisions giving effect to the Convention. It also notes that anyone who violates the legal provisions, which are being enforced by labour inspectors, shall have a procès-verbal drafted against him/her. According to section 10 of the Decree, any violation of the legal provisions entrusted to the Labour, Safety and Prevention Inspectorate shall be punished in accordance with the provisions of Act 17/9/1962, of section 109 of the Labour Code, and of the provisions of the Penal Code.

Part V of the report form. The Committee notes that, according to the 2004 IPEC survey on gender, education and child labour in Lebanon, the percentage of children aged 10-14 years working proportionally raises with the age from 0.3 per cent (10 years age) to 4.5 per cent (14 years age). According to the same source, the majority of boys work in artisanal/handicraft occupations, including small industrial establishments such as mechanics, auto body repair and the like. In contrast, young working girls are mostly found in unskilled occupations. It also notes that, according to this survey, children worked very long hours and were unpaid. Most of the children found working were above 10 years old, but younger working children, even as young as 6 years of age, were identified, especially on the street and on tobacco plantations. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

The Committee notes the Government’s statement that it recently ratified Convention No. 138 and the implementation of its provisions requires the adoption of several measures on the preparation and training of persons responsible for the monitoring of its provisions and the formulation of texts which apply to these provisions. The Committee notes that a draft Labour Code was prepared by a tripartite committee, including provisions inspired by the principles of the Convention. It encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to inform it of any progress made in reviewing the Labour Code and invites it to consider technical assistance from the ILO.