Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Repetition

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the Labour Code only applies to work performed under an employment relationship (by virtue of sections 1, 3 and 8 of the Code). The Committee reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. It requested the Government to provide information on the manner in which children who are not bound by an employment relationship are covered by the protection provided for in the Convention. The Committee noted the information in the Government’s report that Chapter 2, section 15, of the draft amendments to the Labour Code, prepared by a tripartite committee, provides for rules governing “the employment or work of young persons”. The Committee noted the Government’s statement that the principles in this amendment therefore include all young persons, and not solely those bound by an employment relationship. The Committee requests the Government to take the necessary measures to ensure the adoption in the near future of the draft amendments to the Labour Code relating to self-employed children or children in the informal economy, and to provide a copy, once adopted.

Article 2(2). Minimum age for admission to employment or work. In its previous comments, the Committee noted that, at the time of ratifying the Convention, Lebanon declared 14 years as the minimum age for admission to employment or work and 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 of age (i.e. beginning of 14 years). The Committee also noted the Government’s information that it intended to amend the Labour Code, to prohibit the employment or work of young persons before they complete 14 years (i.e. beginning of 15 years). The Committee noted the information in the Government’s report that section 19 of the draft amendment to the Labour Code prohibits the employment or work of persons under the age of 15 years. Noting that the Government specified a minimum age of 14 years at the time of ratification, the Committee drew the Government’s attention to the fact that Article 2(2) of the Convention establishes the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to notify the Director-General of the International Labour Office by means of a further declaration. This enables the age fixed by the national legislation to be aligned to that provided for at international level. The Committee requests the Government to provide information on any progress made in the adoption of the draft amendments to the Labour Code.

Article 2(3). Compulsory education. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 2002 (CRC/C/15/Add.169), while noting that basic education was free and compulsory until the age of 12, expressed concern about its implementation in practice. It noted the Government’s indication 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 noted that, according to the 2004 ILO–IPEC survey that in Lebanon, 18.9 per cent of children drop out of school at the elementary level (6–11 years), 22.8 per cent at the intermediate level (12–15 years) and 10.6 per cent at the secondary level. According to this survey, dropping out of school was a major contributing factor to the early participation of boys and girls in the labour market.

The Committee noted the information in the Government’s report that 250 children (in three schools), who were at risk of dropping out, were assisted and given additional lessons through a programme entitled “Strengthening courses in basic subjects”. The Committee also noted the information in the November 2008 report of the Minister of Education and of Higher Education submitted to UNESCO for the 48th International Conference on Education entitled “The Development of Education in Lebanon”, that the Government intends to raise the age at which compulsory education ends, from the current 12 years to 15 years of age. The Committee further noted that the CRC, in its concluding observations of 8 June 2006 expressed concern that in primary education, parents are still charged for some costs of education despite the legal guarantee of free education, and that dropout rates have increased at this level while enrolment in secondary education declined (CRC/C/LBN/CO/3, paragraph 63).

The Committee was of the view that compulsory education is one of the most effective means of combating child labour and it 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. However, if young persons are legally entitled to work before the end of completion of compulsory schooling, children from poor families might be tempted to drop out of education and work in order to earn money (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). Noting the Government’s intention to raise the age of completion of compulsory schooling to 15 years, the Committee reminded the Government that pursuant to Article 2(3) of the Convention the minimum age for admission to employment (currently 14 years) should not be lower than the age of completion of compulsory schooling. Therefore, the Committee urges the Government to intensify its efforts to provide for compulsory education up until the minimum age for admission to work (which is currently 14 years, and will be 15 years with the adoption of the draft amendments to the Labour Code). The Committee requests the Government to provide information on any new developments on this point.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted 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 noted that Decree No. 700 of 1999 provides for a detailed list of the types of hazardous work in which it is prohibited to employ young persons. The Committee further noted the information in the Government’s report that the National Committee to Combat Child Labour (NCCL) was formulating a statute on the worst forms of child labour which, in accordance with Article 3(1) and (2) of the Convention, 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 noted that section 20 of the draft amendments to the Labour Code prohibits the employment or labour of children before they reach 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 of age in work which is likely to jeopardize their health, safety or morals” (Draft Decree Prohibiting Hazardous Work), was issued by Advisory Opinion No. 239 of the State Council on 26 May 2009 and will be promulgated following approval by the Council of Ministers. The Committee 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 further noted that section one of the Draft Decree Prohibiting Hazardous Work provides for the annulment of Decree No. 700 of 1999, and that section two contains 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 urges the Government to take the necessary measures to ensure the adoption by the Council of Ministers of the Draft Decree Prohibiting Hazardous Work (as issued by Advisory Opinion No. 239 of the State Council on 26 May 2009).

Article 3(3). Authorization to undertake hazardous work from 16 years. The Committee previously noted that section 23(1) of the Labour Code 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 observed that section 23(1) of the Labour Code was not in conformity with Article 3(3) of the Convention, to the extent that it appeared to allow young persons from 15 to 16 years to perform hazardous work. The Committee noted the information in the Government’s report that the draft amendment to the Labour Code includes the principles specified in Article 3(3) of the Convention.

The Committee noted the information in the Government’s report that, by virtue of an order of the Ministry of Labour, section 20(3) of the draft amendments to the Labour Code authorizes employment or work in hazardous types of employment as of 16 years of age, under certain conditions. The Committee also noted that section 3 of the Draft Decree Prohibiting Hazardous Work contains a list of activities which may be authorized as of 16 years of age, on the condition that the health, safety and morals of young persons are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee observed that this list prohibits the employment of children under 16 years in work with chemical hazards, physical hazards, intellectual or social hazards, safety hazards (such as heights), some types of agricultural work, work in slaughterhouses, work in construction, work in transport, work in horse races, work in restaurants or hotels, or work in factories with more than 20 employees. The Committee expresses the firm hope that section 3 of the Draft Decree Prohibiting Hazardous Work, concerning the authorization of some types of hazardous work for persons between the ages of 16 and 18, will be adopted shortly and requests the Government to provide information on any developments in this regard.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted the Government’s indication that section 7 of the Labour Code excludes from its application, and consequently from the scope of application of the Convention, the following categories of work: (a) workers in households in Beirut; (b) agricultural undertakings 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 noted the Government’s reference to the draft amendments to the Labour Code which would regulate the first three of the abovementioned four excluded categories, by a decree issued by the Council of Ministers.

The Committee noted that section 2(2) of the Draft Decree Prohibiting Hazardous Work, submitted with the Government’s report, prohibits, for persons under the age of 18, work with psychological hazards, including domestic work and work where the young person sleeps outside of the home. The Committee also noted that section 3(2) of the Draft Decree Prohibiting Hazardous Work, concerning work prohibited for children under the age of 16, prohibits the employment of a young person in agricultural work (including family undertakings) which requires a tractor, work involving sharp equipment, work involving high ladders or trees or the mixing or dispersal of pesticides and fertilizers and the picking or handling of poisonous plants (including tobacco). The Committee observed that, by virtue of these provisions in the Draft Decree Prohibiting Hazardous Work, effect is given to the Convention with regard to the previously excluded categories of employment. The Committee expresses the firm hope that the provisions of the Draft Decree Prohibiting Hazardous Work relating to domestic workers and children employed in agricultural work (including family undertakings) will be adopted shortly and requests the Government to provide information on any developments in this regard.

Article 6. Vocational training and apprenticeship. The Committee previously noted the information in the Government’s report 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 noted the Government’s statement that amendments are still ongoing to the proposed draft amendments. It requests the Government to provide information on any progress made in adopting section 16 of the draft amendments to the Labour Code, fixing a minimum age of 14 years for entry into an apprenticeship, in conformity with Article 6 of the Convention.

Article 7. Light work. Following its previous comments, the Committee noted the information in the Government’s report that section 19 of the draft amendments to the Labour Code provides that employment or work of young persons in light work may be authorized when they complete 13 years of age (except in different types of industrial work in which the employment or work of young persons under the age of 15 years old is not authorized), on the condition that such employment or work, by its nature or the circumstance in which it is carried out, does not jeopardize their development, health, safety or morals. Section 19 further states that this work should not weaken their capacity to benefit from instruction received, nor should it impact on their participation in vocational orientation and training approved by the competent authority. The Committee also noted the Government’s statement that light work activities shall be determined by virtue of an Order promulgated by the Ministry of Labour. The Committee further noted that the Ministry of Labour set up a committee, pursuant to Memorandum 58/1 of 20 June 2009, which in consultation with employers’ and workers’ organizations, shall formulate this statute, among other labour standards. In addition, the Committee noted the Government’s indication that the Ministry of Labour, in coordination with ILO–IPEC, is preparing a study on the classification of occupations undertaken by working children, within the framework of the ILO–IPEC programme “Supporting the national strategy for the elimination of child labour in Lebanon, third phase”, so as to formulate this statute on light work. The Committee requests the Government to take the necessary measures to ensure the formulation and adoption of a statute determining light work activities, in conformity with Article 7 of the Convention, following the adoption of the draft amendments to the Labour Code.

The Committee noted the Government’s statement that the draft amendments to the Labour Code have reached an advanced stage and will be referred to the competent authority for its adoption in the shortest delay. The Committee also noted the Government’s statement that some amendments are still ongoing to the draft amendments, to achieve additional conformity between its provisions and the provisions of Arab and international labour Conventions. Considering that the Government has been referring to the draft amendments to the Labour Code for a number of years, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments are adopted in the near future. 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.