Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Minimum Age Convention, 1973 (No. 138) - Lebanon (Ratification: 2003)

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.

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 expressed the firm hope that the Draft Decree Prohibiting Hazardous Work, which included provisions relating to domestic workers and children employed in agricultural work (including family undertakings), would be adopted shortly and requested the Government to provide information on any developments in this regard.

The Committee notes with interest that section 2 of Annex No. 1 of Decree No. 8987 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 2(1) of Annex 2 of the Decree, 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 Decree No. 8987, effect is given to the Convention with regard to the previously excluded categories of employment.

Part V of the report form. Application of the Convention in practice. The Committee observes that the Government has not communicated any information on the practical application of the Convention. However, the Committee notes that, according to the mission report of the tripartite interministerial workshop carried out in February 2013 within the technical assistance programme (SPA), the Child Labour Unit website of the MoL is being updated to become a major resource for information. Furthermore, 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 in its next report, 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.