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Repetition Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its earlier comments, the Committee noted that, the Ministry of Labour (MoL) established a National Committee to Combat Child Labour (NCCL) whose task was to prepare and follow up on the implementation of programmes aimed at combating child labour in collaboration with the ILO–IPEC, international organizations and NGOs, and that a Special Unit to Combat Child Labour had been constituted within the MOL. The Committee requested the Government to continue to provide information on national policy measures designed to ensure the effective elimination of child labour, and the results achieved. The Committee notes the Government’s indication in its report that the National Committee to Combat Child Labour and the Child Labour Unit at the Ministry of Labour have carried out some activities resulting in: (i) the preparation of the 2015 study “Children living and working on the streets in Lebanon: Profile and Magnitude” in collaboration with the ILO, the MOL, UNICEF and other relevant bodies (2015 Study); (ii) the launch of a broad information campaign on the issue of child labour in a certain number of companies and in news bulletins; (iii) the preparation of a guiding manual on using Decree No. 8987 on the worst forms of child labour; (iv) the launch of the website on the Child Labour Unit at the Ministry of Labour (www.clu.gov.lb), and (v) the coordination with the ILO of the project “Tackling child labour among Syrian refugees and their host communities in Jordan and Lebanon” July 2015–March 2017.The Committee requests that the Government continue to provide information on the steps taken, within the framework of the NCCL to ensure the effective abolition of child labour.Application of the Convention in practice. Referring to its previous comments with regard to the preparation of a survey on working children in Lebanon, the Committee takes note of the 2015 study “Children living and working on the streets in Lebanon: Profile and Magnitude”. The Committee also notes the Government’s indication that a training course on child labour in agriculture and its risks was organized in August 2015, with the collaboration of the ILO.The Committee requests that the Government provide information on the application of the Convention in practice, in particular statistical data on the employment of children and young persons by age group, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.
Repetition Article 2(1) of the Convention. Scope of application. In its earlier comments, the Committee 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 recalled 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. The Committee also noted that under Chapter 2, section 15, of the draft amendments to the Labour Code, it seemed that the employment or work of young persons would also include non-traditional forms of employment relationship. The Committee therefore requested that the Government provide information on the progress made in relation to the adoption of the provisions of the draft amendments to the Labour Code. The Committee notes an absence of information in the Government’s report on this point. Considering that the Government has been referring to the draft amendments to the Labour Code for a number of years, the Committee once again expresses the firm hope that the Government will take the necessary steps to ensure that the amendments to the Labour Code relating to self-employed children and children in the informal economy are adopted in the very near future. The Committee requests that the Government provide a copy of the new provisions, once adopted. Article 2(2). Raising the minimum age for admission to employment or work. In its earlier 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 the age of 14. The Committee also noted the Government’s intention to raise the minimum age for admission to employment or work to 15 years of age and that the draft amendments to the Labour Code would include a provision in this regard (section 19). The Committee requested that the Government provide information on the progress made in the adoption of the provisions of the draft amendments to the Labour Code on the minimum age for employment or work. The Committee notes the Government’s indication in its report that the Committee’s comments have been taken into account in the draft amendments to the Labour Code. The draft has also been submitted to the Council of Ministers for its examination.The Committee once again requests that the Government provide information on any progress made in the adoption of the provisions of the draft amendments to the Labour Code regarding the minimum age for employment or work.Article 2(3). Compulsory education. In its earlier comments, the Committee noted that the age limit for compulsory education is 12 years of age (Act No. 686/1998 relating to free and compulsory education at the primary school level). The Committee also noted the Government’s indication that a draft law aimed at raising the minimum age of compulsory education to 15 years had been sent to the Council of Ministers for examination. The Committee requested that the Government indicate the progress made in this regard.The Committee notes the Government’s indication that the Ministry of Labour took into account the Committee’s comments which were inserted in the draft amendments to the Labour Code. Moreover, the Committee notes that in its 2016 concluding observations, the UN Committee on Economic, Social and Cultural Rights is concerned at the number of children, especially refugee children, who are not in school or have quit school owing to the insufficient capacity of the educational infrastructure, the lack of documentation, and the pressure to work to support their families, among other reasons (E/C.12/LBN/CO/2, paragraph 62). In this regard, the Committee recalls 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 the minimum age for admission to work or employment is lower than the school leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see 2012 General Survey on the fundamental Conventions, paragraph 370). Noting the Government’s intention to raise the age of completion of compulsory schooling to 15 years, the Committee once again reminds 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 once again the Government to intensify its efforts to raise the minimum age for admission to employment or work to 15 years, and to provide for compulsory education up until that age, within the framework of the adoption of the draft amendments to the Labour Code. The Committee requests that the Government provide a copy of the new provisions, once adopted.Article 6. Vocational training and apprenticeship. In its earlier comments, the Committee noted that the Government had stated that the draft amendments to the Labour Code (section 16) had set the minimum age for vocational training under a contract at 14 years. The Committee expressed the firm hope that such a provision under the draft amendments would be adopted in the near future. The Committee notes the Government’s indication that section 16 will be adopted along with the draft amendments to the Labour Code. The Government also indicates that the National Centre for Vocational Training is in charge of carrying out vocational training and apprenticeships.The Committee once again expresses the firm hope that section 16 of the draft amendments to the Labour Code, setting a minimum age of 14 years for entry into an apprenticeship, in conformity with Article 6 of the Convention, will be adopted in the very near future.Article 7. Light work. In its earlier comments, the Committee noted that under section 19 of the draft amendments to the Labour Code, employment or work of young persons in light work may be authorized when they complete 13 years of age under certain conditions (except in different types of industrial work in which the employment or work of young persons under the age of 15 years is not authorized). The Committee also noted that light work activities would be determined by virtue of an Order from the Ministry of Labour. The Committee requested that the Government provide information on any progress made in this regard. The Committee notes the Government’s indication that it has asked for light work to be included in the ongoing ILO–IPEC Project “Country level engagement and assistance to reduce child labour in Lebanon” (CLEAR Project) and that a few meetings have been held in this regard. The Government indicates that, once the CLEAR Project is launched, it will be able to prepare a statute on light work in accordance with the relevant international standards.The Committee once again requests that the Government take the necessary measures to ensure the formulation and adoption of a statute determining light work activities, including the number of hours during which, and the conditions in which, light work may be undertaken. It requests that the Government provide information on the progress achieved.
Repetition Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its earlier comments, the Committee noted that, the Ministry of Labour (MoL) established a National Committee to Combat Child Labour (NCCL) whose task was to prepare and follow up on the implementation of programmes aimed at combating child labour in collaboration with the ILO–IPEC, international organizations and NGOs, and that a Special Unit to Combat Child Labour had been constituted within the MOL. The Committee requested the Government to continue to provide information on national policy measures designed to ensure the effective elimination of child labour, and the results achieved. The Committee notes the Government’s indication in its report that the National Committee to Combat Child Labour and the Child Labour Unit at the Ministry of Labour have carried out some activities resulting in: (i) the preparation of the 2015 study “Children living and working on the streets in Lebanon: Profile and Magnitude” in collaboration with the ILO, the MOL, UNICEF and other relevant bodies (2015 Study); (ii) the launch of a broad information campaign on the issue of child labour in a certain number of companies and in news bulletins; (iii) the preparation of a guiding manual on using Decree No. 8987 on the worst forms of child labour; (iv) the launch of the website on the Child Labour Unit at the Ministry of Labour (www.clu.gov.lb), and (v) the coordination with the ILO of the project “Tackling child labour among Syrian refugees and their host communities in Jordan and Lebanon” July 2015–March 2017. The Committee requests that the Government continue to provide information on the steps taken, within the framework of the NCCL to ensure the effective abolition of child labour. Application of the Convention in practice. Referring to its previous comments with regard to the preparation of a survey on working children in Lebanon, the Committee takes note of the 2015 study “Children living and working on the streets in Lebanon: Profile and Magnitude”. The Committee also notes the Government’s indication that a training course on child labour in agriculture and its risks was organized in August 2015, with the collaboration of the ILO. The Committee requests that the Government provide information on the application of the Convention in practice, in particular statistical data on the employment of children and young persons by age group, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.
Repetition Article 2(1) of the Convention. Scope of application. In its earlier comments, the Committee 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 recalled 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. The Committee also noted that under Chapter 2, section 15, of the draft amendments to the Labour Code, it seemed that the employment or work of young persons would also include non-traditional forms of employment relationship. The Committee therefore requested that the Government provide information on the progress made in relation to the adoption of the provisions of the draft amendments to the Labour Code. The Committee notes an absence of information in the Government’s report on this point. Considering that the Government has been referring to the draft amendments to the Labour Code for a number of years, the Committee once again expresses the firm hope that the Government will take the necessary steps to ensure that the amendments to the Labour Code relating to self-employed children and children in the informal economy are adopted in the very near future. The Committee requests that the Government provide a copy of the new provisions, once adopted. Article 2(2). Raising the minimum age for admission to employment or work. In its earlier 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 the age of 14. The Committee also noted the Government’s intention to raise the minimum age for admission to employment or work to 15 years of age and that the draft amendments to the Labour Code would include a provision in this regard (section 19). The Committee requested that the Government provide information on the progress made in the adoption of the provisions of the draft amendments to the Labour Code on the minimum age for employment or work. The Committee notes the Government’s indication in its report that the Committee’s comments have been taken into account in the draft amendments to the Labour Code. The draft has also been submitted to the Council of Ministers for its examination. The Committee once again requests that the Government provide information on any progress made in the adoption of the provisions of the draft amendments to the Labour Code regarding the minimum age for employment or work. Article 2(3). Compulsory education. In its earlier comments, the Committee noted that the age limit for compulsory education is 12 years of age (Act No. 686/1998 relating to free and compulsory education at the primary school level). The Committee also noted the Government’s indication that a draft law aimed at raising the minimum age of compulsory education to 15 years had been sent to the Council of Ministers for examination. The Committee requested that the Government indicate the progress made in this regard. The Committee notes the Government’s indication that the Ministry of Labour took into account the Committee’s comments which were inserted in the draft amendments to the Labour Code. Moreover, the Committee notes that in its 2016 concluding observations, the UN Committee on Economic, Social and Cultural Rights is concerned at the number of children, especially refugee children, who are not in school or have quit school owing to the insufficient capacity of the educational infrastructure, the lack of documentation, and the pressure to work to support their families, among other reasons (E/C.12/LBN/CO/2, paragraph 62). In this regard, the Committee recalls 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 the minimum age for admission to work or employment is lower than the school leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see 2012 General Survey on the fundamental Conventions, paragraph 370). Noting the Government’s intention to raise the age of completion of compulsory schooling to 15 years, the Committee once again reminds 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 once again the Government to intensify its efforts to raise the minimum age for admission to employment or work to 15 years, and to provide for compulsory education up until that age, within the framework of the adoption of the draft amendments to the Labour Code. The Committee requests that the Government provide a copy of the new provisions, once adopted. Article 6. Vocational training and apprenticeship. In its earlier comments, the Committee noted that the Government had stated that the draft amendments to the Labour Code (section 16) had set the minimum age for vocational training under a contract at 14 years. The Committee expressed the firm hope that such a provision under the draft amendments would be adopted in the near future. The Committee notes the Government’s indication that section 16 will be adopted along with the draft amendments to the Labour Code. The Government also indicates that the National Centre for Vocational Training is in charge of carrying out vocational training and apprenticeships. The Committee once again expresses the firm hope that section 16 of the draft amendments to the Labour Code, setting a minimum age of 14 years for entry into an apprenticeship, in conformity with Article 6 of the Convention, will be adopted in the very near future. Article 7. Light work. In its earlier comments, the Committee noted that under section 19 of the draft amendments to the Labour Code, employment or work of young persons in light work may be authorized when they complete 13 years of age under certain conditions (except in different types of industrial work in which the employment or work of young persons under the age of 15 years is not authorized). The Committee also noted that light work activities would be determined by virtue of an Order from the Ministry of Labour. The Committee requested that the Government provide information on any progress made in this regard. The Committee notes the Government’s indication that it has asked for light work to be included in the ongoing ILO–IPEC Project “Country level engagement and assistance to reduce child labour in Lebanon” (CLEAR Project) and that a few meetings have been held in this regard. The Government indicates that, once the CLEAR Project is launched, it will be able to prepare a statute on light work in accordance with the relevant international standards. The Committee once again requests that the Government take the necessary measures to ensure the formulation and adoption of a statute determining light work activities, including the number of hours during which, and the conditions in which, light work may be undertaken. It requests that the Government provide information on the progress achieved.
Repetition Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In previous comments, the Committee noted the Government’s information that in 2000 a Memorandum of Understanding (MoU) was signed between the Ministry of Labour (MoL) and 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 noted the Government’s information that, following the MoU, the MoL established a National Committee to Combat Child Labour (NCCL) whose task was to prepare and follow up on the implementation of programmes aimed at combating child labour in collaboration with the ILO–IPEC, international organizations and non governmental organizations (NGOs), and that a Special Unit to Combat Child Labour had been constituted within the MoL.The Committee notes the Government’s information that a new MoU was signed between the MoL and the ILO in 2010, the aim of which is to increase the capacities of the Government with a view to progressively eliminating child labour and abolishing the worst forms of child labour. The Government indicates that, following the signing of the MoU, cooperation agreements were signed between the MoL, the social partners, and a variety of NGOs, with a view to implementing the activities and programmes contained therein. Moreover, the Committee notes the Government’s information, in its report communicated under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the NCCL has been reactivated by virtue of Decree No. 5137 of 1 November 2010, and that since its reactivation, the NCCL has held several meetings in consultation with all the relevant parties and has prepared and undertaken several activities with regard to combating child labour. The Committee requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and the results attained.Application of the Convention in practice. The Committee notes the Government’s information under Convention No. 182 that the MoL, in collaboration and in coordination with the ILO, is currently preparing a comprehensive survey of working children in Lebanon, in support of the national programmes and projects related to child labour. The Committee therefore requests the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons by age group, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.
Repetition The Committee previously noted the Government’s statement that the draft amendments to the Labour Code had reached an advanced stage and would be referred to the competent authority for its adoption in the shortest delay.The Committee notes the Government’s indication that it has submitted the draft amendment to the Labour Code to the Council of Ministers for its examination and approval, but that this was delayed due to a change in governments. The Government declares that as soon as a new government is formed, the draft amendments will be submitted once again to the Council of Ministers for their re examination. The Committee notes the indication contained in the mission report of the tripartite inter-ministerial workshop carried out in February 2013, according to which it is planned to adopt the draft amendments to the Labour Law within the year, national circumstances permitting. Considering that the Government has been referring to the draft amendments to the Labour Code for a number of years, the Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the amendments are adopted in the very near future. Furthermore, the Committee requests the Government to take into consideration, during the review of the relevant legislation, the following comments on discrepancies between national legislation and the Convention.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. The Committee noted 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 once again 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). Raising the 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 that the Government intended to amend the Labour Code to prohibit the employment or work of young persons before they complete 14 years (that is, beginning of 15 years). The Committee noted 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 ILO by means of a further declaration, thus enabling the age fixed by the national legislation to be aligned to that provided for at the international level. The Committee once again requests the Government to provide information on any progress made in the adoption of the provisions of the draft amendments to the Labour Code regarding the minimum age for employment or work.Article 2(3). Compulsory education. The Committee previously noted that Act No. 686/1998 relating to free and compulsory education at the primary school level insufficient educational facilities. The Committee 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 intended to raise the age at which compulsory education ends, from the current 12 years to 15 years of age. The Committee notes the Government’s information that the Higher Council for Childhood of the Ministry of Social Affairs, in collaboration with the Jesuit University and “Sidroom”, has prepared a draft law which raises the minimum age of compulsory education to 15 years and that this draft law has been sent to the Council of Ministers for examination. The Committee once again emphasizes 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 the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see the 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 370). Noting the Government’s intention to raise the age of completion of compulsory schooling to 15 years, the Committee once again reminds 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 raise the minimum age for admission to employment or work to 15 years (with the adoption of the draft amendments to the Labour Code), and to provide for compulsory education up until this minimum age. The Committee requests the Government to provide information on any new developments on this point.Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted the Government’s information that section 16 of the draft amendments 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 once again expresses the firm hope that 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, will be adopted in the very near future.Article 7. Light work. In its previous comments, the Committee noted 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 the 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 would 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.The Committee notes the Government’s information that a study on the legal shortcomings was prepared, including a comparative analysis of the national laws and international conventions relating to child labour, which will lead to a review of the existing legislation and the formulation of a draft law on light work. The Committee once again 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. It requests the Government to provide information on the progress achieved.
Repetition Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In previous comments, the Committee noted the Government’s information that in 2000 a Memorandum of Understanding (MOU) was signed between the Ministry of Labour (MoL) 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 noted the Government’s information that, following the MOU, the MoL established a National Committee to Combat Child Labour (NCCL) whose task was to prepare and follow up on the implementation of programmes aimed at combating child labour in collaboration with the ILO–IPEC, international organizations and NGOs, and that a Special Unit to Combat Child Labour had been constituted within the MoL. The Committee noted the Government’s information that, following the finalization in 2004 of a study on child labour commissioned by the ILO–IPEC, the MoL had launched a national strategy to eliminate child labour. The Committee noted the copy of the National Strategy to Eliminate Child Labour, submitted with the Government’s report under Convention No. 182. It also noted the information in the ILO–IPEC Final Technical Progress Report (ILO–IPEC TPR) of 30 March 2008 that the Government is implementing a Social Action Plan, within the framework of an overall social strategy, and that child labour is a key element in this plan. The Committee noted the information in the ILO–IPEC TPR that this plan targets poor households and large families with children either not enrolled in school or under the legal age to work. In this regard, the Social Action Plan includes cash assistance support and follow-up services to households that comply with a number of conditions, including ensuring that their children stay in school until the end of compulsory education. This Social Action Plan also includes programmes focusing on the prevention of school drop-outs. The Committee requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and results attained.Part V of the report form. Application of the Convention in practice. The Committee previously noted that, according to the 2004 ILO–IPEC survey, the percentage of children aged 10–14 years working proportionally rose with the age of the child, and that while only 0.3 per cent of 10-year-olds worked, 4.5 per cent of 14 year olds worked. According to the same source, the majority of boys worked in artisanal/handicraft occupations, including small industrial establishments such as mechanic shops and auto body repair, and young working girls were mostly found in unskilled occupations. It also noted that 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 noted the Government’s statement that information on the practical application of the Convention is not yet available. The Committee therefore requests the Government to provide information on the manner in which the Convention is applied, as soon as it is available, including, for example, statistical data on the employment of children and young persons by age group, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.
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.
Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In previous comments, the Committee noted the Government’s information that in 2000 a Memorandum of Understanding (MOU) was signed between the Ministry of Labour (MoL) 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 noted the Government’s information that, following the MOU, the MoL established a National Committee to Combat Child Labour (NCCL) whose task was to prepare and follow up on the implementation of programmes aimed at combating child labour in collaboration with the ILO–IPEC, international organizations and NGOs, and that a Special Unit to Combat Child Labour had been constituted within the MoL. The Committee noted the Government’s information that, following the finalization in 2004 of a study on child labour commissioned by the ILO–IPEC, the MoL had launched a national strategy to eliminate child labour.
The Committee notes the copy of the National Strategy to Eliminate Child Labour, submitted with the Government’s report under Convention No. 182. It also notes the information in the ILO–IPEC Final Technical Progress Report (ILO–IPEC TPR) of 30 March 2008 that the Government is implementing a Social Action Plan, within the framework of an overall social strategy, and that child labour is a key element in this plan. The Committee notes the information in the ILO–IPEC TPR that this plan targets poor households and large families with children either not enrolled in school or under the legal age to work. In this regard, the Social Action Plan includes cash assistance support and follow-up services to households that comply with a number of conditions, including ensuring that their children stay in school until the end of compulsory education. This Social Action Plan also includes programmes focusing on the prevention of school drop-outs. The Committee requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and results attained.
Part V of the report form. Application of the Convention in practice. The Committee previously noted that, according to the 2004 ILO–IPEC survey, the percentage of children aged 10–14 years working proportionally rose with the age of the child, and that while only 0.3 per cent of 10-year-olds worked, 4.5 per cent of 14 year olds worked. According to the same source, the majority of boys worked in artisanal/handicraft occupations, including small industrial establishments such as mechanic shops and auto body repair, and young working girls were mostly found in unskilled occupations. It also noted that 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 notes the Government’s statement that information on the practical application of the Convention is not yet available. The Committee therefore requests the Government to provide information on the manner in which the Convention is applied, as soon as it is available, including, for example, statistical data on the employment of children and young persons by age group, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.
Article 2, paragraph 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 notes 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 notes 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, paragraph 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 notes 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 draws 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, paragraph 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 notes 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 notes 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 notes 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 is 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 reminds 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, paragraphs 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 notes 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 notes 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 notes 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 notes 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, paragraph 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 notes the information in the Government’s report that, by virtue of an order of the Ministry of Labour, section 20, paragraph 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 notes 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 observes 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 notes that section 2, paragraph 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 notes that section 3, paragraph 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 observes 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 notes 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 notes 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 notes 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 notes 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 notes 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 notes 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 notes 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.
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.