Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

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

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. 1. Sale and trafficking of children. The Committee notes that section 1 of the Order of 26 September 1969 on Prohibiting Trafficking in Labour makes it an offence to traffic in workers. Sections 412 and 413 of the Penal Code punish any person who kidnaps or arranges for others to kidnap a child. Section 412 of the Penal Code punishes anybody who abducts a person or detains a person by violence, threats or deception with a view to engaging in sexual activity. It also notes that section 426 punishes any person who buys, sells, traffics or deals in slaves.

2. The Committee notes that article 22 of the Great Green Charter of Human Rights in the Jamahiryan area prohibits the use of domestic servants as they are considered to be the slaves of modern times, enslaved by their masters. It also notes that section 425 of the Penal Code prohibits and punishes slavery.

3. Recruitment of children for use in armed conflict. The Committee notes that article 16 of the Constitutional Proclamation states that defence of the homeland is a sacred duty, and that military service is an honour for the Libyan people. It also notes that section 3 of Law No. 20/1991 on the Consolidation of Freedoms states that defending the homeland is a right and an honour, and no male or female citizen must be deprived of it. Section 1 of the National Service Act No. 9 of 1987 provides that national service is compulsory for every male citizen who has attained the age of 18 years and is not older than 35 years, unless medically unfit. The Committee also notes that by virtue of section 6(b) of the Military Service Act No. 40 of 1974, the minimum age for voluntary enlistment in the armed forces is 17 years. It further notes that under section 4 of the Mobilization Act No. 21 of 1991, a declaration of general mobilization must, until such time as it ends, result in the deployment of all human and material resources in the service of the war effort. Section 1 of the same Act defines "human resources" as male and female citizens who have attained 17 years of age, provided they are physically able to engage in combat and productive activities. The Committee notes that the Committee on the Rights of the Child in its Concluding Observations of 2003 (CRC/C/15/Add.209, paragraph 22) recommended that Libyan Arab Jamahiriya amend section 1 of the Mobilization Act No. 21 of 1991 so that persons under 18 years mobilized in the context of general mobilization can serve the war effort without being deployed as active combatants. The Committee reminds the Government that Article 3(a) of the Convention defines as one of the worst forms of child labour the forced or compulsory recruitment of children under 18 for use in armed conflict. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit the compulsory recruitment of children under 18 in armed conflict, in the context of general mobilization.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that according to section 410 of the Penal Code, sexual exploitation of any person even with consent is punishable. It also notes that section 417 of the Penal Code makes it an offence for any person to assist or facilitate any person to prostitution. It further notes that section 415 of the Penal Code imposes a penalty of imprisonment on any person who entices a minor to engage in prostitution, in order to satisfy the sexual appetite of others or who facilitates such activity. Section 416 punishes more severely any person who uses force or violence to compel a minor to engage in prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 409 of the Penal Code makes it an offence for any person to incite a male or female child under 18 years of age to acts of immorality and debauchery, to assist him or her therein, or to encourage a young person to engage in sexual activity, or to do so in his or her presence. The Committee further notes that section 421 of the Penal Code imposes a penalty on any person who commits an obscene act in a public place and on any person who offends propriety by distributing indecent literature, pictures or other materials, by exhibiting them to the public or by offering them for sale. The section further provides for penalties if such materials are sold or offered to children below 18 years. It also notes that Act No. 56 of 1970 establishes the offence of lewd, obscene or indecent exhibition or exhibition aimed at sexual arousal or designed to imply such arousal. The Committee notes, however, that the legislation does not specifically prohibit the use, offering or procuring of a child for pornographic performances. It reminds the Government that under Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s statement that the sale or trafficking of drugs in any form is prohibited to all citizens, be they adults or children. It notes however that the Government’s report contains no information on the legislative provisions prohibiting the use of children for illicit activities, particularly the production and trafficking of drugs. The Committee therefore asks the Government to indicate and provide a copy of the legislative provisions prohibiting the use, offering or procuring of a child for the production and trafficking of drugs. If there are no such provisions, the Committee asks the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention, as well as the sanctions envisaged.

Clause (d). Work which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes that section 29 of Law No. 20/1991 on promoting freedom prohibits the use of children in jobs which are incompatible with their capabilities or which impede their natural growth or harm their morals or health. It also notes that section 92 of the Labour Code provides that the competent authority must issue directives specifying the terms and conditions under which young persons under the age of 18 years may be employed in some industries and occupations, and the industries in which it is prohibited to employ young persons under that age. It further notes that by virtue of section 93 of the Labour Code, it is prohibited to employ young persons for more than six hours a day, and that such employment shall include one or more rest periods. The total duration of meal times shall not be less than one hour. Work and rest periods shall be planned to ensure that young persons do not work for more than four consecutive hours or remain in the place of work for more than nine hours a day. The Committee further notes that section 95 of the Labour Code prohibits night work (between 8 p.m. and 7 a.m.) and overtime work, and to accumulate the official weekly rest or holidays to which they are entitled.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that pursuant to section 92 of the Labour Code, Order No. 18 of 1973, issued by the Minister of Labour, provides for a list of activities and occupations prohibited for young persons below 18 years of age. It also notes that the list contains 25 such activities, including: underground work in mines or quarries, and work connected with the extraction of ores and minerals; work on furnaces or ovens used for refining; the silver plating of mirrors; the manufacture of explosives and work connected therewith; the operation on supervision of machinery with moving parts; the repair or cleaning of such machinery when in use; work in slaughterhouses; the filling of containers with pressurized gases. The Committee asks the Government to communicate information on consultations held on this matter with the organizations of employers and workers concerned.

Article 4, paragraphs 2 and 3. Identification and periodical revision of the list of hazardous work. The Committee notes that the Government’s report contains no information on this point. It reminds the Government that, by virtue of Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work so determined exist. The Committee therefore requests the Government to identify where hazardous work exists. It also reminds the Government that pursuant to Article 4, paragraph 3, of the Convention, the list of the types of hazardous work shall be periodically examined and revised, in consultation with the organizations of employers and workers concerned. The Committee accordingly requests the Government to indicate how the list of types of hazardous work has been periodically examined, and to provide any revised list.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the Higher Committee for Childhood has been set up by Order No. 100 of 1998 to supervise the implementation of child legislation, including the work of relevant non-governmental and public organizations and to provide child welfare and care. It also notes that child labour is the responsibility of manpower offices in the people’s assembly offices in coordination with the Higher Committee for Childhood. The Committee requests the Government to provide further information on the functioning of the Higher Committee for Childhood, of manpower offices, and of any other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of reports specifying the extent and nature of violations detected involving children and young persons. It also requests the Government to indicate the consultations which have been held with the employers’ and workers’ organizations.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the absence of national programmes of action to eliminate child labour. The Committee reminds the Government that Article 6, paragraph 1, of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour, and Article 6, paragraph 2, of the Convention states that such programmes of action shall be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate. The Committee requests the Government to provide information on the measures taken or envisaged to design programmes of action to eliminate child labour, and to indicate the consultations held with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 1. Penalties. The Committee notes that section 425 of the Penal Code prohibits slavery, the violation of which entails imprisonment for 5 to 15 years. It also notes that according to section 426 of the same Code, any person who buys, sells, trafficks or deals in slaves shall be punished with ten years’ imprisonment. Section 409 of the Penal Code provides that any person who incites a minor to engage in debauchery in order to satisfy the carnal desires of another person or who facilitates him/her therein, is liable to a penalty of up to ten years’ imprisonment, and a fine of up to 200 dinars. If the victim is under 18 years of age, the penalty is doubled. The Committee further notes that section 412 of the Penal Code imposes a penalty of not more than five years of imprisonment on anybody who abducts a person or detains him or her by violence, threats or deception with a view to engaging in sexual activity. The penalty shall be increased by not more than one-third if the victim is under 18 years of age. It also notes that section 416 of the Penal Code imposes a penalty of imprisonment of between three and six years and a fine of between 150 and 500 Libyan dinars on any person who uses force or violence to compel a minor to engage in prostitution to satisfy the sexual appetite of other persons. Under section 9 of the Order of 26 September 1969 on Prohibiting Trafficking in Labour, which makes it an offence to traffic manpower, any employer or contractor who violates the provisions of this Order shall be fined a sum of not less than 50 dinars; the fine shall be multiplied by the number of workers against whom such a violation was committed. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions. It also requests the Government to supply a copy of the legislative provisions punishing the violation of the prohibition of hazardous work for children under 18 years of age.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the measures taken to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(b), (d) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. The Committee notes there is no information in the Government’s report on this point. The Committee notes however that the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add. 209, paragraph 43), expressed its concerns about reports on trafficking of children to the Libyan Arab Jamahiriya for the purposes of prostitution and slavery, and over the lack of information and awareness of the phenomenon of the trafficking and prostitution of children. The Committee on the Rights of the Child recommended that the state party: undertake a national study on the nature and extent of these phenomena; take legislative measures to combat these practices; and carry out awareness-raising campaigns to sensitize and mobilize the general public on the right of the child to respect the child’s physical and mental integrity. The Committee requests the Government to provide information on the measures taken to follow-up on the recommendations of the Committee of the Rights of the Child. It also requests the Government to provide information on the effective and time-bound measures taken or envisaged to prevent the trafficking of children for purposes of labour or sexual exploitation.

2. The Committee notes the Government’s statement according to which Act No. 95 of 1975 on compulsory education obliges the parents of children to educate their children. It also notes from the report submitted by the Government to the Committee on the Rights of the Child in 2000 (CRC/C/93/Add.1, paragraph 221), that article 14 of the Constitutional Declaration provides that education is compulsory up to the end of the intermediate stage, and is guaranteed by the State through the establishment of schools, colleges, universities and cultural educational institutions, in which education shall be offered free of charge. It also notes from the same Government’s report to the Committee on the Rights of the Child (paragraph 229) that the regulation concerning primary education stipulates that education is a right and duty for all citizens, boys and girls alike, at the primary stage, and is provided free of charge in all state schools. The Committee is of the view that education contributes to eliminating the worst forms of child labour. It requests the Government to indicate the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s statement that the Libyan Arab Jamahiriya is an active member in regional and international organizations which work on children in its programmes or in part of such programmes, such as UNICEF, UNCTAD, ALESCO, UNESCO; the Arab League and the International Labour Organization. It also states that it collaborates with numerous countries on subjects on which a number of Conventions were elaborated and aimed at cooperation, coordination and the exchange of technical experience among them. The Committee also notes that the Government ratified the Convention on the Rights of the Child in 1993. It further notes that the Libyan Arab Jamahiriya is a member of Interpol, which helps countries in the different regions to cooperate, especially in the fight against trafficking of children. The Committee asks the Government to provide further concrete information on any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Part III of the report form. The Committee notes the absence of information on this point in the Government’s report. The Committee therefore requests the Government to provide information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply a copy of the text of these decisions.

Parts IV and V. The Committee notes there is no information in the Government’s report on this point. It asks the Government to give a general appreciation of the manner in which the Convention is applied in the Libyan Arab Jamahiriya, and to indicate any practical difficulties, or any factors which may have prevented or delayed action against the worst forms of child labour. The Committee requests moreover the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions. To the extent possible, all information provided should be disaggregated by sex.