Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Libya (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s indication, in its report, that the trafficking of children is prohibited in Libya through social and religious customs and traditions, as well as various provisions of the legislation, in particular sections 398 and 406 to 416 of the Penal Code. The Committee recalls that the provisions of Libyan legislation – including the Penal Code and the Order on prohibiting trafficking in Labour of 1969 – appear to only protect children from some forms of trafficking and do not constitute a complete prohibition. While the Order of 1969 applies only to trafficking for labour exploitation, the Penal Code applies only to the trafficking of girls/women for sexual exploitation in an international context. Therefore, internal child trafficking for sexual exploitation and the trafficking of boys for sexual exploitation are not covered by law. The Committee notes that the Government indicates, in its report under the Forced Labour Convention, 1930 (No. 29), that a draft law on combating human trafficking was prepared that is both general and comprehensive.

However, the Committee notes with concern the various reports from United Nations sources that reveal that rampant human trafficking takes place in the country, particularly of migrants and including children. There are also reports that armed groups that have been implicated in allegations of trafficking, including of children, remain unaccountable (see for instance, a press release from the United Nations Human Rights Council, “Libya: Urgent action needed to remedy deteriorating human rights situation, UN Fact-Finding Mission warns in final report”, 27 March 2023. See also the communication of 2 May 2023 by the Special Rapporteur on trafficking in persons, especially women and children; the Special Rapporteur on the human rights of migrants; and the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, presenting detailed evidence of trafficking of migrants, including children, with the purpose of exploiting them for ransom and for other types of exploitation such as enslavement, including sexual slavery).

The Committee therefore urges the Government to take the necessary measures to ensure that a comprehensive prohibition of all forms of trafficking of children, including internal trafficking as well as trafficking of all children, including boys, under the age of 18 years for the purpose of sexual exploitation, is adopted as a matter of urgency. In this regard, it requests the Government to provide information on the progress made in the adoption of the draft law on combating human trafficking, and to provide a copy once adopted. It also requests the Government to take measures to ensure that the perpetrators of child trafficking for labour or sexual exploitation are subjected to effective investigations and prosecutions and held accountable, and to provide information on the results achieved.

Articles 3(a), 7(1) and 7(2)(b). Compulsory recruitment of children for armed conflict, penalties and time-bound measures to provide the necessary and appropriate 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 the Government’s information, in its report under the Minimum Age Convention, 1973 (No. 138), that it has taken measures to ensure the complete demobilization and rehabilitation of all children under the age of 18 in armed groups. The Committee takes note in particular of the National Project for Rehabilitation and Reintegration, launched by the Ministry of Labour and Rehabilitation, which has helped to rehabilitate demobilized persons from armed formations, especially those under the age of 18, and to prepare occupational and vocational courses to integrate them into the labour market.

However, the Committee notes, from the report of the Secretary-General on children and armed conflict of 23 June 2022 (A/76/871-S/2022/493, paragraphs 106–107), that the United Nations have verified the recruitment and use of one boy by forces affiliated with the former Government of National Accord, which occurred before March 2021. The United Nations verified the detention of 125 children and their mothers, of several nationalities, for their mothers’ alleged association with Da’esh, by various law enforcement authorities, such as the Judicial Police, the Deterrent Agency for Combating Organized Crime and Terrorism and the Libyan National Army. Moreover, according to the report of the Independent Fact-Finding Mission on Libya of 3 March 2023 (A/HRC/52/83, paragraph 88), the Mission received information that Syrian children are still being recruited into armed groups and that children of minority groups of Libya that lack citizenship or are of undetermined status are at risk of becoming involved in fighting. It also continued to receive reports about children held in arbitrary detention with their parents or non-familial detainees.

While noting the measures taken by the Government, the Committee takes note of continued reports of recruitment of children in armed groups and notes with regret the Government’s indication that there is no information on any prosecutions for the recruitment of children under the age of 18 in armed groups or forces. The Committee also expresses its deep concern at the continued practice of arrest and detention of children for their alleged association with armed forces or groups.

While acknowledging the complex situation prevailing in the country, the Committee once again strongly urges the Government to take the necessary measures as a matter of urgency 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 once again requests the Government to provide information on the measures taken in this regard and on the results achieved.

The Committee also 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 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 rehabilitated and socially integrated.

Clause (d). Children in vulnerable situations. Migrant and unaccompanied children. The Committee notes, from an ILO report on Labour Market Access for Migrants in Libya and the Impact of COVID-19 of August 2021, that some assessments found that migrant children engage in economic activities in Libya, often finding themselves in exploitative and dangerous working conditions. Children on the move are considered among the most vulnerable groups in Libya and are subject to acute risks of human trafficking, forced labour, and physical and sexual abuse. According the 2023 UNICEF Humanitarian Situation report, 10 per cent of the 697,532 migrants in Libya are children, 4 per cent of which are unaccompanied minors. This report indicates that migrant and refugee children are facing lower school enrolment and attendance rates compared to their Libyan counterparts. The Committee also notes, from the 2023 UNICEF annual report on Libya, that migrant children are the most exposed to trafficking and that no alternatives to detention are yet in place.

Recalling that migrant children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to prevent these children from becoming victims of the worst forms of child labour, and to provide information on the measures taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.