Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Trafficking. The Committee had previously noted that the relevant Lebanese legislation does not specifically prohibit the trafficking of women and children. The Committee notes the Government’s information that a cooperation project, the “Anti-trafficking project”, has been agreed upon by the United Nations Office on Drugs and Crime (UNODC) and the Ministry of Justice to ensure the conformity of national legislation with the Protocol against the Smuggling of Migrants by Land, Sea and Air and with the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, both of which supplement the Convention against Transnational Organized Crime. According to the project document annexed to the Government’s report, the existing Lebanese legislation was reviewed to identify gaps and formulate specific recommendations regarding necessary amendments and adoption of specific anti-trafficking legislation. This legal review was sent to the Ministry of Justice for comments and clearance. The Committee expresses the hope that the recommendations formulated to amend the national legislation include measures to ensure that the trafficking of children under 18 years for purposes of labour and sexual exploitation is prohibited, in conformity with Article 3(a) of the Convention. It requests the Government to keep it informed on any progress made in this regard.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted the Government’s information that section 33(b) of the draft amendment to the Labour Code, set up by virtue of Order No. 210 of 20 December 2000, specifies that any person who participates, encourages, facilitates or incites anyone to use, procure or offer a child or young person for the production of pornography or for pornographic performances is liable to punishment under the Penal Code, in addition to the penalties imposed by the Labour Code. Furthermore, the Committee had noted the Government’s information that section 33(c) of the draft amendment to the Labour Code provides that any person who participates, encourages, facilitates or incites another to use, procure or offer a child or young person for illicit activities, especially for the production and trafficking of drugs, commits a penal crime under the Penal Code. The Committee notes the Government’s information that the draft amendment to the Labour Code was sent to the ILO for comments, which the Government recently received, and that the Ministry of Labour is currently revising it so as to bring its provisions into better conformity with the provisions of the ratified Conventions. Considering that Order No. 210, which sets up the draft amendment to the Labour Code, was elaborated a number of years ago, the Committee expresses the hope that, given the obligation in Article 1 of the Convention to take immediate measures to prohibit the worst forms of child labour, the Government will take the necessary measures to ensure that the amendment is adopted as a matter of urgency.

Clause (d). Hazardous work. Following its previous comments, the Committee notes the Government’s information that Decree No. 700 of 1999 prohibits the employement of young persons before they complete 17 years of age (i.e. beginning of 18 years) in dangerous activities enumerated according to their nature. Indeed, the Decree provides for a detailed list of the types of hazardous work in which it is prohibited to employ young persons in three categories: work which represents a danger to the life of the children; work which represents a danger to their health; and work which represents a danger to their morals. Furthermore, 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 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. According to the Government’s information, this new statute will amend Decree No. 700 of 1999 and supplement section 23(1) of the Labour Code. The Committee requests the Government to provide information on any new developments towards the adoption of the statute which would prohibit the employment of children under 18 years of age in hazardous work.

Article 4, paragraph 2. Identification of hazardous work. Following its previous comments, the Committee notes the extensive studies that were carried out by the ILO/IPEC in northern and southern Lebanon which indicate the types of work identified as hazardous. The Committee notes that a study along the same lines was conducted in the Bekaa. The Committee requests the Government to supply a copy of the study on the identification of hazardous work that was conducted in the Bekaa along with its next report.

Article 5. Monitoring mechanisms. 1. Labour inspection. Following its previous comments, the Committee notes the Government’s information that programmes on training inspectors of the Ministry of Labour and on strengthening their capacities to withdraw children from the worst forms of child labour have been implemented by virtue of the cooperation agreement of 1 April 2006, signed between the ILO/IPEC and the Ministry of Labour. The Committee notes that according to the Technical Progress Report of March 2007 of the project entitled “Supporting the National Policy and Programme Framework for the Elimination of the Worst Forms of Child Labour in Lebanon and Yemen” (NPPF-WFCL), the ILO/IPEC organized a special workshop programme, which took place on 9 November 2006, on the working conditions in hazardous workplaces employing children in the age group of 15–18 years in order to enable staff of the collaborating agencies to inspect and advise upon the subject. As such, 25 members of implementing and collaborating agencies have been trained on hazardous child labour so far. Furthermore, the Committee notes the Government’s information that the cooperation agreement also set up a monitoring and supervisory system, which consists of inspectors of the Ministries of Labour, Education and Pedagogy, to monitor and follow up on child workers and the conditions in which they work. The Committee requests the Government to provide more detailed information on its monitoring and supervisory system. Furthermore, it once again asks the Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons.

2. National Committee to Combat Child Labour. In its previous comments, the Committee had noted the Government’s information that the National Committee to Combat Child Labour had formulated a National Strategy for Combating Child Labour, which was communicated to the Council of Ministers for discussion. The Committee notes the Government’s information that the National Strategy was formalized by the Ministry of Labour on 7 February 2005 and adopted by the Lebanese Government by a ministerial declaration. The Committee asks the Government to supply a copy of the National Strategy for Combating Child Labour. It also requests it to continue providing information on the activities and concrete measures taken by the National Committee to Combat Child Labour to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action. General Confederation for Labour (CGL). The Committee had previously noted that the CGL, with the assistance of the ILO/IPEC, launched a programme to combat the worst forms of child labour, investigative measures and providing work for the families of working children. The Committee notes the Government’s information that the CGL aims to reach the following two immediate objectives by the end of this programme: (1) the labour unions’ capacity to address the problem of child labour will have been further strengthened; and (2) the workers’ awareness on the problem of child labour will have been increased. To achieve these objectives, several measures, such as training workshops, support and advocacy hot lines on cases related to the worst forms of child labour and awareness sessions on child labour, are proposed and undertaken. The Committee requests the Government to supply information on the impact of the abovementioned CGL programme on the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Free basic education. Referring to its previous comments, the Committee notes the concerns expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of 2006 (CRC/C/LBN/CO/3, paragraph 63), to the effect that parents are still charged for some costs of education despite the legal guarantee of free education, and that repetition and drop-out rates have increased. The Committee notes the existence of a programme of cooperation between the Government and UNICEF, which comprises a learning programme that contributes to national efforts to provide access for all to a quality basic education, including for the poorest, and to improve retention, as a preventive strategy for tackling child labour. Furthermore, the Committee notes that, according to the CRC, a National Plan on School for All (2005–15) has been adopted. This National Plan falls within the context of the Education For All (EFA) Strategy developed by UNESCO to support Arab member States in preparing and implementing their National EFA Plans. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to supply information on the concrete measures taken under the UNICEF programme of cooperation and the National Plan on School for All and on the results achieved by these measures to ensure that children attend and stay in school. The Committee also asks the Government to provide, in its next report, updated statistical information on the enrolment and drop-out rates in schools.

2. Project for the prevention and elimination of the worst forms of child labour in the Sin el Fil-Borj Hammoud area. The Committee had previously noted that Lebanon had launched, with the assistance of the ILO/IPEC, a “Comprehensive project for the prevention and elimination of the worst forms of child labour in the Sin el Fil-Borj Hammoud Area” in 2001, where the worst forms of child labour are predominant. The Committee notes that, according to the Technical Progress Report of March 2007 for the NPPF-WFCL ILO/IPEC project, interventions aiming at preventing at-risk children from being engaged in the worst forms of child labour continue. As such, activities in the Sin el Fil-Borj Hammoud area are still in effect and services, such as visits to families, social follow-up and counselling services for children, health service and non-formal educational support, were provided to 169 children and families. The Committee asks the Government to continue providing information on the implementation of the project for the prevention and elimination of the worst forms of child labour in the Sin el Fil-Borj Hammoud area, and the results achieved.

3. Centre for Protection against Child Labour in El Tebana, Tripoli, and programme for the protection of children in Nabbatiye. In its previous comments, the Committee had noted the Government’s information that a number of preventive measures have been taken by the El-Tebana, Tripoli, Centre for protection against child labour, on the issue of combating the worst forms of child labour, especially with regard to raising awareness and disseminating informative material. The Committee notes the Government’s information that the El Tebana Centre in Tripoli is continuing its activities through the second phase of the ILO/IPEC project. Furthermore, according to the Technical Progress Report of March 2007 for the NPPF-WFCL ILO/IPEC project, a major action programme with the Municipality of Tripoli, which targets 1,000 children, has entered the implementation phase. The Committee also notes the Government’s information that an agreement was reached between the Ministry of Education and Higher Education and the ILO/IPEC to implement a programme of which one of the objectives is the protection of children from the worst forms of child labour in the Nabbatiye district. The Committee asks the Government to provide more information on the concrete measures taken within the abovementioned programmes, and results achieved with regard to preventing children from being engaged in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Following its previous comments, the Committee notes that, according to the Technical Progress Report of March 2007 for the NPPF-WFCL ILO/IPEC project, literacy and vocational training classes as well as social follow-up and counselling services aiming at withdrawing children from the worst forms of child labour were provided to 146 children. The Committee notes with interest that, according to the same source, 657 children were withdrawn or prevented from child labour and its worst forms, through educational activities in the period ranging from 1 March 2006 to 28 February 2007, and 62 children were withdrawn or prevented from child labour and its worst forms through non-educational activities. The Committee asks the Government to continue providing information on the measures taken or envisaged to remove children from the worst forms of child labour and to provide them with assistance for their rehabilitation and social integration, and on the results achieved.

Clause (d). Identify and reach out to children at special risk. Palestinian children. In its previous comments, the Committee had noted that the phenomenon of child labour in Lebanon exists on a wide scale and is most important in the camps of Palestinian refugees and the surrounding regions. The Committee notes with interest that, according to the document on the programmes of action of the second phase of the ILO/IPEC project in Lebanon (2006–08) provided by the Government, 550 children of the Ain El Helweh Palestinian refugee camp are targeted by a programme implemented by the Nabil Berri Institute to prevent them from being engaged in child labour and its worst forms. The Committee requests the Government to continue providing information on the measures taken or envisaged to protect Palestinian children from the worst forms of child labour, and on the results achieved.

Clause (e). Special situation of girls. The Committee had previously requested the Government to provide information on the time-bound measures taken or envisaged to address the special situation of girls. The Committee notes the Government’s information that the second phase of the ILO/IPEC project in Lebanon includes the lauching of activities specifically aimed at the protection of girls from being engaged in the worst forms of child labour. The Committee asks the Government to provide more detailed information on the concrete measures taken pursuant to the ILO/IPEC project in Lebanon aimed at addressing the special situation of girls.

Article 8. International cooperation. 1. ACCESS-MENA. The Committee had previously noted that the United States Government contributes to the reduction of the worst forms of child labour in the Middle East and North Africa through the project “Alternatives to combating child labour through education and continued services in Middle East and North Africa – ACCESS-MENA”. This project offers literacy classes to children who have been out of the formal school system for a lengthy period of time and gives accelerated vocational training to working children, to ensure that they do not have to continue work in hazardous forms of child labour. To that effect, the Committee notes that, according to the ACCESS-MENA document provided by the Government with its report, 140 boys and 71 girls have benefited from the literacy classes, and 245 boys and 312 girls have undertaken the accelerated vocational training. The Committee encourages the Government to continue providing information on the impact of the ACCESS-MENA project on removing children from the worst forms of child labour and rehabilitating them through education and vocational training.

2. Poverty reduction. The Committee notes that, according to the Technical Progress Report of March 2007 for the NPPF-WFCL ILO/IPEC project, a Social Action Plan targets the promotion of sustainable and equitable development while combating poverty and setting up social safety nets and aims to improve education and health standards. The Social Action Plan addresses working children and their households as one of the main social groups characterized by acute poverty and aims to “target poor households and large families with children either not enrolled in school or under the legal age to work”. Noting that poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any notable impact of the Social Action Plan towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. Noting the absence of new information on this point in the Government’s report, the Committee requests the Government to provide information on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies of extracts from official documents including studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements reported, investigations, convictions and penalties imposed.