Demande directe (CEACR) - adoptée 2010, publiée ème session CIT ()

Article 3 of the Convention. 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. Sale and trafficking of children. The Committee previously noted that section 1 of the Order of 26 September 1969 on prohibiting trafficking in labour makes it an offence to traffic in workers. It also noted that section 426 of the Penal Code punishes any person who buys, sells, traffics or deals in slaves and 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.

The Committee observes that these provisions appear to only protect children from some forms of trafficking, and constitute an incomplete prohibition, as provided for in Article 3(a) of the Convention. The Committee further observes that the prohibiting trafficking in labour Order of 26 September 1969 only prohibits trafficking for the purpose of labour exploitation and does not address the trafficking of children for the purpose of sexual exploitation. Finally, the Committee observes that the prohibition on kidnapping does not appear to address the sale or purchase of a child for the purpose of sexual exploitation, nor the transport of a trafficked child. In this regard, the Committee notes that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 6 February 2009, expressed concern at the absence of a comprehensive law to address trafficking (CEDAW/C/LBY/CO/5, paragraph 27). The Committee therefore urges the Government to take the necessary measures to ensure that a comprehensive prohibition on all forms of trafficking of persons under 18 years of age, including for the purpose of sexual exploitation, is adopted in the near future.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the Penal Code did not specifically prohibit the use, offering or procuring of a child for the production of pornography or for pornographic performances. It observed that the provisions referenced by the Government instead only prohibited public indecency, public distribution or exposing of pornographic materials and public pornographic performances. This legislation also did not appear to distinguish between persons over 18 years involved in the production of pornography and child victims exploited in these activities with regard to criminal liability.

The Committee notes the Government’s statement that there are regulations which prohibit pornographic performances absolutely, at the legal, religious and social level. However, the Committee observes that the Government does not reference specific regulations or particular provisions containing such a prohibition. Moreover, the Committee observes that the regulations previously highlighted by the Government in this regard (particularly section 1 of Act No. 56 of 1970 on the protection of morals in public places, section 1 of the Vagrant Young Persons Act of 5 October 1955 and the Penal Code prohibitions on exposing, selling or distributing material which is contrary to decency) do not constitute prohibitions on the use, procuring or offering of persons under 18 for the production of pornography. The Committee also notes the Government’s statement that Libyan legislation comprises two systems, one for punishment and another for treatment. The Government indicates that a person under 14 years is considered a victim and a person over 18 years of age is considered a perpetrator, pursuant to section 80 of the Penal Code. The Committee observes an absence of information on the status of a person between the ages of 14 and 18. The Committee accordingly requests the Government to ensure that children between 14 and 18 years of age who are exploited in the production of pornography or pornographic performances are treated as victims rather than offenders. Furthermore, noting once again an absence of legislative provisions specifically prohibiting the involvement of children in the production of pornography, the Committee strongly requests the Government to take the necessary measures to ensure that the use, procuring or offering of a person under 18 in pornographic performances is explicitly prohibited in national legislation or regulations. It requests the Government to provide a copy of such legislation, once adopted.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that, while the production and trafficking of drugs is effectively prohibited in national legislation, the use, procuring or offering of a child for that objective, is not.

The Committee notes the information in the Government’s report that section 27 of the new Labour Code, No. 12 of 2010, specifies that no person under 18 years of age may be employed in any type of employment. However, the Committee observes that this provision does not specifically address the involvement of children in the production or trafficking of drugs, and reminds the Government that this worst form of child labour occurs outside of typical employment situations and legal labour relationships. The Committee reminds the Government that, pursuant to Article 3(c) of the Convention, the involvement of a person under 18 in illicit activities constitutes one of the worst forms of child labour, and that, pursuant to Article 1 of the Convention, member States are required to take “immediate” measures to prohibit these worst forms of child labour as a matter of urgency. The Committee therefore strongly urges the Government to take the necessary measures as a matter of urgency to ensure that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is explicitly prohibited in legislation.

Article 4(2) and (3). Identification and periodic revision of the list of hazardous work. The Committee previously noted the Government’s indication that a revised list of the types of hazardous work would be communicated following the promulgation of the new Labour Code.

The Committee notes the Government’s statement that section 27 of the new Labour Code, No. 12 of 2010, prohibits the employment of persons under 18, except as specified in section 27(2), which specifies that a person of 16 years of age may be authorized to work on the condition that this work does not harm his or her health, safety or morals. The Committee also notes the Government’s statement that regulations pursuant to the Labour Code, which will clarify both the prohibited tasks and permitted tasks for young persons, are under preparation. Observing that the Government has been referring to the impending adoption of this list since 2005, the Committee requests the Government to take the necessary measures to adopt regulations containing the types of work prohibited for persons under 18 years of age, and to provide a copy of these regulations with its next report.

Article 5. Monitoring mechanisms. Childhood Welfare Department. The Committee previously requested the Government to provide information on the functioning of the Higher Committee for Childhood. In this regard, the Committee notes the information in the Government’s report that, pursuant to section 5 of the Decision of the General People’s Committee, No. 100 of 2007 (1428 AH), the mandate of this body is now the responsibility of the Childhood Welfare Department, within the administrative body of the General People’s Committee for Social Affairs. The Committee requests the Government to provide information on the role, functions and activities of the Childhood Welfare Department in monitoring the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Trafficking. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations of 2003 (CRC/C/15/Add.209, paragraph 43), expressed its concern about trafficking of children to the Libyan Arab Jamahiriya for the purposes of prostitution and slavery, and about the lack of information and awareness of the phenomenon of trafficking and prostitution of children.

The Committee once again notes an absence of information in the Government’s report on this point. However, the Committee notes the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review (UPR) of 24 August 2010 that there are large numbers of irregular migrants in the country and that these migrants are vulnerable to criminal gangs involved in human trafficking (A/HRC/WG.6/9/LBY/1, paragraphs 80 and 83). In this regard, the Committee notes the information in a document on the website of the International Organization for Migration (IOM) (www.iom.int) entitled “Training Libya’s judges and prosecutors in countering human trafficking” of 1 May 2009 that there are an estimated 1 to 1.5 million irregular migrants in the country. The IOM indicates that it has provided training to 60 Libyan judges and prosecutors on various aspects of irregular migration, including human trafficking. The IOM is also collaborating with the Government to enhance border security, and has provided training to border police on the treatment of vulnerable groups. The Committee also notes that the CEDAW, in its concluding observations of 6 February 2009, expressed concern regarding the absence of a plan to prevent and eliminate trafficking and recommended that the Government combat all forms of trafficking in women and girls through the adoption and implementation of a comprehensive strategy (CEDAW/C/LBY/CO/5, paragraph 27). The Committee requests the Government to strengthen its efforts to prevent and combat the trafficking of persons under the age of 18, paying particular attention to migrant children. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

2. Access to free basic education. The Committee previously noted that, in 2004, only 53 per cent of girls and 71 per cent of boys attended secondary school, though noted the Government’s indication that these figures did not include children engaged in vocational training. The Committee notes the information in the Government’s report that basic education has markedly approved, and that education is compulsory until the completion of lower secondary school (pursuant to article 14 of the Constitution). It also notes the Government’s indication that section 9 of Act No. 5 of 2006 provides that penalties are applicable to persons who deprive a child of its right to education. The Committee further notes the Government’s indication in its report to the United Nations Human Rights Council for the UPR of 24 August 2010 that the Government has taken numerous measures towards realizing the goal of universal basic education for all children and has achieved success in improving girls’ enrolment rates and eradicating illiteracy (A/HRC/WG.6/9/LBY/1, paragraphs 50 and 57). However, the Committee notes the information from the United Nations Country Team for the Libyan Arab Jamahiriya (in the compilation of information from UN bodies, prepared by the Office of the High Commissioner for Human Rights for submission to the UPR of 21 July 2010), that while the enrolment rate in primary education was approximately 98 per cent in 2007, the quality and efficiency of education, as well as disparities among geographic regions, remain a concern despite high investment in education. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to pursue its efforts to improve the functioning of the education system. The Committee requests the Government to provide information on the results achieved in this regard, particularly up-to-date statistical information on enrolment rates and drop-out rates, taking account of the special situation of girls.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee previously noted the Government’s indication that the General People’s Committee for Health had adopted several measures with regard to raising awareness and preventing HIV/AIDS, and it requested further information on the measures implemented.

The Committee notes the information in the Government’s Country Progress Report to the United Nations General Assembly Special Session (UNGASS) of 31 March 2010 that the overall prevalence of HIV is low in the country, at approximately 0.2 per cent, and that the Government provides free health care to all nationals. The Government indicates that a policy was instituted in 2009 whereby students applying for secondary or higher education no longer have to provide a medical certificate, to eliminate the possibility of being rejected for HIV positive status. The Government also indicates that the NGO “Association to Care for Infected Children” was established in 2002, which collaborates with the Libyan Red Crescent to address discrimination faced by children infected with HIV and to support these children and their families. The Committee further notes the information in the Government’s report to the UNGASS that the National Infectious Diseases Control Centre is collaborating with the United Nations Development Programme (UNDP) under the “Programme to strengthen the national response to HIV and AIDS”, which has included activities focusing on the rights of children living with HIV and the sensitization of educators.

Article 8. International cooperation and assistance. Trafficking. The Committee previously noted the Government’s indication that it provided assistance to countries throughout the African Union, and it requested information on the impact of this assistance.

The Committee notes the information from the IOM that, due to the vast borders of the Libyan Arab Jamahiriya in both the desert and the sea and its geographic proximity to Europe, the country attracts intense migration flows not only from sub-Saharan and North African countries, but also recently from the Middle East and Asia, including Bangladesh, Pakistan and Sri Lanka. The IOM also indicates that the majority of known cases of trafficking have involved labour or sexual exploitation of migrants from sub-Saharan countries. In this regard, the Committee notes that the CEDAW, in its concluding observations of 6 February 2009, recommended that, with regard to trafficking, the Government should increase its efforts in relation to regional, international and bilateral cooperation with countries of origin and transit so as to address more effectively the causes of trafficking and improve its prevention through information exchange (CEDAW/C/LBY/CO/5, paragraph 28). The Committee requests the Government to provide information on any measures taken or envisaged to combat the trafficking of children through international cooperation with countries of origin.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the statement in the IOM document entitled “Training Libya’s judges and prosecutors in countering human trafficking” of 1 May 2009 that the scope of trafficking in the country is not known. In this regard, the Committee notes that the CEDAW, in its concluding observations of 6 February 2009, expressed concern about the lack of information regarding the extent of trafficking in women and girls, in addition to the lack of information on prostitution in the country. The CEDAW encouraged the Government to collect and analyse data from national police and international sources and to analyse the causes and extent of trafficking in women and girls from its perspective as a country of transit (CEDAW/C/LBY/CO/5, paragraph 27). The Committee requests the Government to take the necessary measures to ensure that sufficient and up-to-date data on the prevalence of the worst forms of child labour in the country is available, particularly on the trafficking of children and child commercial sexual exploitation. It requests the Government to provide this information with its next report.