Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2017.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

The Committee notes the detailed discussion which took place at the 106th Session of the Conference Committee on the Application of Standards in June 2017, concerning the application by Libya of the Convention.

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Compulsory recruitment of children for armed conflict and penalties. In its previous comments, the Committee noted from the Report on the Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya (A/HRC/31/47 and A/HRC/31/CRP.3, detailed findings) of 15 February 2016 (Investigation Report by the OHCHR), that there was information on the forced recruitment and use of children in hostilities by armed groups pledging allegiance to the Islamic State in Iraq and Levant (ISIL). These children were forced to undergo religious and military training (including how to use and load guns and to aim and shoot at targets using live ammunition), watch videos of beheadings, used to detonate bombs, in addition to being sexually abused. This Report, further referring to another report, indicated that the Islamic State in Sirte welcomed the graduation of 85 boys below the age of 16, describing them as the “Khilapha Cubs” who were trained in conducting suicide attacks.

The Committee notes the observations of the IOE that the position of children affected by armed conflict in the country was deplorable and that the recruitment of children for the purpose of war which included compulsory religious and military training was a calamity for the child’s present and future situation.

The Committee notes that the Government representative of Libya, during the discussion at the Conference Committee, while acknowledging the situation of severe political crisis and escalation of violence since 2011, stated that his Government, represented by the Presidency Council of the Government of National Accord had captured the last ISIL position in Sirte on 6 December 2016 and had officially declared the liberation of the city which had been under ISIL control for over one and a half years. Hence, the ISIL’s practices against children, including the forcible recruitment of children into their military operations and the prohibition of children from enrolling in school was brought to an end.

The Committee also notes that at the Conference Committee, the Worker members recalled that Libya continued to suffer from armed conflict and that the proliferation of armed groups had led to serious violations and abuses including the forced recruitment and use of children by different armed groups pledging allegiance to ISIL. The Worker member of Libya, added that those children who were recruited by the armed groups were moved to camps in Turkey near the Syrian border, where they were trained for combat with the financial support of those States that supported and exported terrorism.

The Committee notes that the Conference Committee deeply deplored the situation of children who were forcibly required by armed groups pledging allegiance to ISIL to undergo military and religious training.

The Committee notes the Government’s information in its report that following the expulsion of the ISIL from Sirte and its suburbs, a post-conflict stabilization plan for Sirte was developed under the supervision of the Presidency Council. Moreover, measures were taken by the Libyan security agencies under the Ministry of Interior to prevent children from being lured or groomed into criminal activity and severe punishments were imposed on persons who were involved in such activity. In addition, at the beginning of 2017, UNICEF, in collaboration with municipalities, launched a national campaign “Together for Children” to ensure that children do not get involved in armed conflict.

The Committee notes, however, from the Report of the Secretary-General on Children and Armed Conflict of 16 May 2018 (A/72/865-S/2018/465, paragraph 106) that cases of use of children by armed groups continue to be reported. In October 2017, 125 adolescents formerly associated with the armed groups in the Zintan municipality were released. The Committee further notes that the Secretary-General expressed concern at the reports of sexual violence and other violations committed against children, including use in armed conflict and trafficking of children. While noting some of the measures taken by the Government, the Committee must express its deep concern at the continued use and recruitment of children by armed groups and at the current situation of children affected by armed conflict in Libya, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence.While acknowledging the difficult situation prevailing in the country, the Committee strongly urges the Government to take the necessary measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups. It also urges the Government to continue to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted from the Investigation Report by the OHCHR, that access to education in Libya had been significantly curtailed due to the armed conflict, particularly in the east (for example, the Office for the Coordination of Humanitarian Affairs estimated, in September 2015, that 73 per cent of all schools in Benghazi were not functioning). Schools were either damaged, destroyed, occupied by internally displaced persons, converted into military or detention facilities, or were otherwise dangerous to reach. In addition, in many areas where schools remained open, parents refrained from sending their children to school for fear of injury from attacks, especially of girls being attacked, harassed or abducted by armed groups. Moreover, there were reports that in areas controlled by groups pledging allegiance to ISIL, girls were not allowed to attend school or were permitted only if wearing a full face veil. This report further indicated that children residing in camps for the internally displaced persons, faced particular challenges in their access to education.

The Committee notes the Worker members’ statement at the Conference Committee that children’s access to education had been severely limited and compromised by the conflict in Libya.

The Committee notes that the Conference Committee deeply deplored the situation of children, especially, girls, who were deprived of education due to the situation in the country where although mandatory and free education existed, many schools were damaged and used as military or detention facilities which prohibited children from attending them.

In this regard, the Committee notes the Government’s indication that following the expulsion of ISIL, there has been a rise in the number of children enrolled in schools. It also notes that the Government, along with the United Nations Development Programme, undertook the maintenance of a number of schools and by the school year 2017–18, all schools were opened on scheduled time for pupils. The Committee notes, however, from the UNICEF Humanitarian Situation report of September 2018 that around 300,000 children in Libya are in need of education.The Committee therefore, urges the Government to take effective and time-bound measures to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, particularly girls, children in areas affected by armed conflict, and internally displaced children. It requests the Government to provide information on concrete measures taken in this regard and the results achieved.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children in armed conflict. The Committee notes the Government’s indication that in Sirte, the Government social workers are engaged in a project to rehabilitate former child soldiers, which includes medical and psychological assistance as well as enrolling them in educational and training programmes. In addition, the UNICEF national campaign “Together for Children” also involves establishing rehabilitation centres to reintegrate children, including former child soldiers, into schools and the community. The Committee notes, however, from the Report of the Secretary-General (paragraph 107) that in the context of the fight between the Libyan National Army (LNA) and the Petroleum Facilities Guard (PFG), boys as young 10 years of age were arrested and detained for up to seven weeks by the LNA for their alleged association with PFG. The Committee expresses its deep concern at the practice of arrest and detention of children for their alleged association with armed forces or groups. In this regard, the Committee must emphasize that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see 2012 General Survey on the fundamental Conventions, paragraph 502).The Committee, therefore, urges the Government to take the necessary measures to ensure that children removed from armed forces or groups are treated as victims rather than offenders. It also urges the Government to continue to take effective and time-bound measures to remove children from armed forces and groups and ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the number of children removed from armed forces and groups, and reintegrated.

Noting the interest expressed by the Government representative in obtaining technical assistance, the Committee invites the Government to avail itself of technical assistance from the Office in order to facilitate the implementation of the Convention.