Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Trafficking. The Committee previously noted that the relevant Lebanese legislation does not specifically prohibit the trafficking of women and children. The Committee noted that the cooperation project, the “Anti-trafficking project”, had been agreed upon by the United Nations Office on Drugs and Crime (UNODC) and the Ministry of Justice (MoJ) to ensure the conformity of national legislation with the Protocol against the Smuggling of Migrants by Land, Sea and Air and with the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. According to the project document annexed to the Government’s report, the existing Lebanese legislation was reviewed to identify gaps and formulate specific recommendations regarding necessary amendments and adoption of specific anti-trafficking legislation. The Committee noted that this legal review was sent to the MoJ for comments and clearance.

The Committee noted the information in the Government’s report that the amendments to the Labour Code, prepared by a tripartite committee (which was set up by virtue of Order No. 210/1 of 20 December 2000), include provisions relating to the sale and trafficking of children. The Committee noted the information in the Government’s report that section 33(a) of these amendments penalizes any person who participates, encourages or facilitates all forms of slavery or practices similar to slavery, such as the sale and trafficking of children. The Committee observed that it has drawn the Government’s attention to the lack of legislation prohibiting the sale and trafficking of children since 2005. The Committee therefore urges the Government to take the necessary measures to ensure the adoption of the draft amendments to the Labour Code relating to the prohibition of the sale and trafficking of all persons under the age of 18, as a matter of urgency.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the Government’s information that section 33(b) of the draft amendments to the Labour Code specifies that 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 is liable to punishment under the Penal Code, in addition to the penalties imposed by the Labour Code. Furthermore, the Committee noted the Government’s information that section 33(c) of the draft amendments 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 under the Penal Code.

The Committee noted the Government’s statement that the amendments to the Labour Code are in their last stages and they shall be referred to the competent authorities for adoption within the shortest delay. However, the Committee also noted the Government’s statement in its report submitted under Convention No. 138 that further revision to the draft amendment to the Labour Code are still necessary. The Committee requests the Government to take the necessary measures to ensure the adoption of the draft amendments to the Labour Code prohibiting the use, procuring or offering of persons under the age of 18 for the production of pornography or for pornographic performances, and the use, procuring or offering of persons under the age of 18 for illicit activities.

Clause (d). Hazardous work. The Committee previously noted the Government’s information that Decree No. 700/1999 prohibits the employment of young persons before they complete 17 years of age (i.e. beginning of 18 years) in dangerous activities enumerated according to their nature. The Committee also noted the Government’s indication that the National Committee to Combat Child Labour (NCCL) was formulating a statute on the worst forms of child labour to amend Decree No. 700 of 1999 and supplement section 23(1) of the Labour Code.

The Committee noted that section 20 of the draft amendments to the Labour Code prohibits the employment of children under 18 years in work which, by its nature or the conditions in which it is carried out, is likely to expose them to danger. The Committee also noted that the “Draft Decree on the prohibition of employing children before they complete 18 years old in work which is likely to jeopardize their health, safety or morals” (Draft Decree Prohibiting Hazardous Work), was approved by Advisory Opinion No. 239 of the shura on 26 May 2009, and will be promulgated following approval by the Council of Ministers. The Committee further noted the Government’s statement that the Draft Decree Prohibiting Hazardous Work was formulated by the NCCL following the study entitled “Worst Forms of Child Labour under 18 years old in Lebanon”.

The Committee noted that section 1 of the Draft Decree Prohibiting Hazardous Work provides for the annulment of Decree No. 700/1999, and that section 2 provides a list of the worst forms of child labour prohibited for children under 18, including work with physical, psychological and moral hazards, and work that would limit the young persons’ access to education and training. The Committee requests the Government to take the necessary measures to ensure the adoption by the Council of Ministers of the Draft Decree Prohibiting Hazardous Work for children under 18 as a matter of urgency and requests it to provide information on developments in this regard.

Considering that the Government has referred to these draft amendments to the Labour Code for a number of years and, given that Article 1 of the Convention obliges member States to take “immediate” measures to prohibit the worst forms of child labour, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments are adopted as a matter of urgency. Furthermore, the Committee 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 and invites it to consider technical assistance from the ILO.

The Committee is raising other points in a request addressed directly to the Government.