Forced Labour Convention, 1930 (No. 29) - Lebanon (Ratification: 1977)

Individual Case (CAS) - Discussion: 2023, Publication: 111st ILC session (2023)

Written information provided by the Government

Articles 1(1) et 2(1) of the Convention

In addition to the information presented in 2022 to the Committee, we wish to inform you of new facts that have not yet been considered by the Committee of Experts with respect to the following:

1. Regarding the law

An agreement has been signed between the Government of the Republic of Lebanon and the Government of the Federal Democratic Republic of Ethiopia concerning the employment of Ethiopian workers in Lebanon and which takes into account human rights and prohibits trafficking in human beings. The Ministry of Labour of the Republic of Lebanon and the Ministry of Labour and Skills of the Federal Democratic Republic of Ethiopia are the competent authorities in coordinating the monitoring of the agreement’s implementation and on following up on this. Both parties have agreed to work together in combating illegal employment activities and trafficking in human beings in the two countries.

Section 7 of this bilateral agreement, entitled “Employment, Terms of Employment and the Employment Contract”, stipulates as follows:

1. Recruitment and employment of workers, including domestic workers, in Lebanon shall be facilitated only through legally licensed recruitment agencies.

2. Upon obtaining the work visa, the employer shall apply for the recruitment of the worker through a contract signed at the embassy or consulate of the Federal Democratic Republic of Ethiopia in Lebanon.

3. The employment contract shall state the rights and obligations of the employer and the worker, as well as the basic conditions of work, in accordance with the applicable international labour instruments, including ILO declarations, principles and Conventions to which both countries are a party.

This bilateral agreement is on course towards attaining its end result in law, which is its ratification by the Council of Ministers. The Government shall send you a copy of it pending its entry into force.

Order No. 1/1 of the Minister of Labour of 5 January 2023, concerning regularizing the status of foreign female domestic workers who perform jobs other than those specified in the work permit.

Orders by the Minister of Labour to close down, or to revoke the licences of a number of agencies for the recruitment of female domestic workers. These orders have been posted on the Ministry’s website.

Order No. 69/1 of 27 May 2022, concerning the approval of the mechanism for classifying recruitment agencies.

2. Regarding measures

In the course of 2022, a number of administrative measures were taken against several agencies for the recruitment of female domestic workers owing to their violation of the Order regulating the work of the agencies for the recruitment of female foreign workers; 69 complaints against them were received concerning the infringement of female domestic workers’ rights.

Throughout 2022, the Ministry received 89 complaints relating to female migrant workers, comprised as follows:

- 62 complaints by an employer against agencies for the recruitment of female domestic workers, with 41 of them being resolved;

- Seven complaints by female workers themselves against agencies for the recruitment of female domestic workers, with six of them being resolved;

- 20 complaints by embassies, consulates, associations and trade unions, with 15 of these being resolved. The bulk of these complaints were over employers’ failure to pay female migrant workers their wages.

After reviewing the results of the Follow-up Labour Force Survey (LFS) 2022 in Lebanon, which was conducted by the Central Administration of Statistics (CAS) in collaboration with the ILO and also with financial and technical assistance provided by the ILO, we would like to share with you this feature shown in figure 25 (left-hand section) [sic]. Data collection for the Survey took place between 27 December 2021 and 31 January 2022. This has been published on the CAS website.

The most noteworthy result is the decline in the labour force participation rate (LPFR) of non-Lebanese, from 60.8 per cent in 2018–19 to 47.7 per cent in 2022, which was significantly higher than the decline in the labour force participation rate of Lebanese, i.e. from 46.3 per cent in 2018–19 to 42.6 per cent in 2022. This may be attributable to the transient nature of most international labour migration in Lebanon; thus, with the downturn in the economic situation, international migrant workers have been tending to leave the labour market and return to their country of origin or else move to a third country in search of new employment.

Kindly find below the tables regarding the numbers and percentages of migrant workers (non-Lebanese workers) and domestic workers based on the Labour Force and Household Living Conditions Survey (LFHLCS) 2018–19 and the Follow-up Labour Force Survey, 2022.

[Table not reproduced: Domestic workers and non-Lebanese workers 2018; Domestic workers and non-Lebanese workers 2022]

Article 25. Penal sanctions for the exaction of forced labour

In its communication No. 215 – A. T. of 22 May 2023, the Ministry of Justice states the following in its response:

- Although the Lebanese Labour Code excludes domestic workers in private homes from its provisions, this does not imply that they forfeit the legal protection enjoyed by everyone who resides on Lebanese soil. Thus, they may still file their civil lawsuits on the basis of general civil rules and provisions, most notably the Obligations and Contracts Act.

- On the issue of confiscation of passports: the Ministry of Justice would like to state that two judicial rulings were successively issued on 23 June 2014 and 27 July 2016 by the Summary Affairs Court in Beirut, requiring a woman to return a passport to a foreign female worker in her employment. In these two rulings, the court held that the retention of female domestic workers’ passports by employers constituted a violation of the fundamental rights guaranteed in international agreements ratified by Lebanon, foremost among them being freedom of movement.

- Concerning the order issued by the State Shura Council to suspend the implementation of the Standard Unified Contract (SUC): The legal justification for this order was that the order of the then Minister of Labour was deemed to have violated several formal conditions, the most significant ones being the lack of competence of the Ministry of Labour to issue it and the violation of the principle of separation of powers in light of the fact that section 7 of the Labour Code excludes domestic workers from its scope of application. Accordingly, any amendment to this section is the responsibility of Parliament and such an order cannot be issued under a caretaker government. It also contradicts the Obligations and Contracts Act, thus constituting a clear violation of all prevailing legal fundamentals and principles.

- In its observation, the Committee of Experts notes that the economic crisis facing Lebanon has exacerbated the socio-economic precarity of women migrant domestic workers. This has prompted the Government to take the necessary measures to provide them with adequate legal protection.

In this connection and with regard to facilitating access to justice, the Ministry of Justice makes mention of the joint initiative on legal aid that it concluded on 4 September 2019 with the United Nations Development Programme (UNDP) and the Office of the United Nations High Commissioner for Refugees (UNHCR), with the support of the Canadian Government and in cooperation with the Beirut and North Bar Associations. This joint project represents the cornerstone, or fundamental basis to improving social stability through the provision of various legal assistance tools and services and promotes justice for juveniles under the auspices of the Ministry of Justice. It is also in line with the UNDP Action Plan for Lebanon 2017–20, which was formally adopted after the Lebanese Government gave its approval in 2017. Moreover, the Access to Justice Working Group, which includes representatives of the UNDP, the UNHCR, the Ministry of Justice and the Bar Associations of Beirut and Tripoli, is working assiduously to implement pilot projects to provide legal aid. This initiative has evolved significantly following the completion of the study of the various basic documents that contain principles and guidelines for the practical launch of the legal aid offices, such as a uniform code of conduct and operating procedures. A number of geographical areas, namely Saida, Tripoli and Baalbek, have been selected, with offices being opened in them; these have commenced their work on providing legal support to marginalized and most disadvantaged groups, including, of course, Lebanese, foreign and stateless women and girls. Among the main legal services provided by the aid offices are dissemination of information and awareness of rights; legal counselling and support; mediation and various alternative means of dispute resolution; and the securing of legal representation. If female domestic workers so wish, they may avail themselves of the free legal services provided by these aid offices.

With regard to female domestic workers being afraid to resort to the competent authorities to report any form of ill-treatment in case they are arrested, have to pay a fine or are deported to their countries for not possessing the required identity documents or for residing illegally in Lebanon: It is to be noted that a circular issued by the Office of the Public Prosecutor of the Court of Cassation does not call for the arrest of any non-citizen who is not in possession of identification documents or who is residing illegally in Lebanon if that person has reported to a police station to file a complaint about being the victim of an offence. In such a case, the person will be granted a grace period to regularize their status and to hire a lawyer or secure a guarantor.

Concerning the offence of sexual harassment: On 21 December 2020, Act No. 205 of 2020 was passed by the Lebanese Parliament. This Act is aimed at criminalizing sexual harassment and legislating for the rehabilitation of victims of it. Section 2(a) of the Act makes clear just how wide-ranging and comprehensive it is, for it makes sexual harassment a punishable offence regardless of the identity, occupation or status of the victim. Accordingly, it is applicable to any Lebanese or foreign person who has been sexually harassed, regardless of where the person concerned may be and of the nature of the person’s work. Thus, the clause specifically states: “Anyone who commits an offence of sexual harassment shall be sentenced from one month to one year’s imprisonment and a fine between three to ten times the minimum wage, or one of these penalties.” Furthermore, this Act criminalizing sexual harassment raises the penalty in section 2(b) to become “from six months’ imprisonment to two years and a fine of 10 to 20 times of the minimum wage, or one of these two penalties: … if the offence of harassment occurs in the context of a dependency or an employment relationship.” The provision stated in this clause therefore covers all those who have a subordinate relationship with their employers, and regardless of whether the relationship is governed by the Labour Act or the Code of Obligations and Contracts (general law), implying that domestic workers benefit from its provisions.

Referring again to Act No. 205 of 2020, section 2(c) makes it clear that the penalty is further increased to “two to four years’ imprisonment and a fine of between 30 to 50 times the official minimum wage … if the perpetrator holds material, moral, employment or educational authority over the victim …”; or, “… if the perpetrator exerts extreme psychological, mental, or physical pressure in the commission of the crime to obtain favours of a sexual nature …”.

Therefore, all the paragraphs referred to above are clearly applicable to an offence of harassment of a male/female domestic worker, bearing in mind that it is the judge who has the discretion to determine which paragraph is most appropriate to the situation according to the particulars of each case. Indeed, Act No. 205 of 2020 covers all situations involving sexual harassment against male/female domestic workers, including those not included in the Labour Act.

Concerning the number of cases of forced labour of migrant domestic workers that have been investigated and prosecuted and the number of convictions and penalties handed down: The following information has been received from the Human Trafficking Repression and Morals Protection Bureau.

[Table not reproduced: Human trafficking repression and morals protection bureau: Offences involving foreign female domestic workers]

Discussion by the Committee

Interpretation from Arabic: Government representative, Minister of Labour – I offer my congratulations to the Chair of the Committee and my greetings to you all. I wished to appear personally in the Committee accompanied by His Excellency the Ambassador of Lebanon because we care about the reputation of our country and we wish to demonstrate our serious intent and our attachment to the ethical and human standards which form the basis of our culture and our allegiance to the country of diversity which Lebanon is.

I would like to add that the Government has not had to cover the costs of our travel, or those of the Worker or Employer representatives. I say this to give evidence of our credibility and our wish to cooperate despite the difficult circumstances of our country. We are sure that there will be constructive cooperation and we take responsibility for the situation.

I am going to give you a brief overview of the situation in my country, not in order to justify any shortcomings, for which I take responsibility, even if the current situation that I have inherited is the result of circumstances which preceded my term of office and got worse in the wake of the COVID-19 pandemic.

First, we have constitutional problems arising from the non-election of a President of the Republic and from the transformation of Parliament into an electoral body which no longer fulfils its legislative role. Consequently, we have no new legislation, in addition to a Government which does not have full powers since it is acting in a caretaker capacity.

Second, administrative and legal problems. We are undergoing an open strike of public sector employees and the paralysis of these government departments because of the collapse of their salaries, with the exception of a small number who are running the public services. It is the first time that there is an open strike. We have never known such a situation, not even during the civil war. So it is a small number of officials who are running the government departments and public services.

We also have a lack of minimum infrastructure, such as electricity and computers. We will need oil to generate electricity, we are even running out of ink and paper. We are working in very difficult circumstances.

This has resulted in failure to follow up on reports and to respond to questions put to Lebanon. This has not been deliberate. By way of example, to illustrate our living conditions, the wage of foreign domestic workers, who we respect like our sisters, is currently double my salary as a Minister working for the Government.

Third, we are having to confront two tragedies. First, the displacement of our Syrian brothers, who now make up one third of the population of Lebanon. In fact Lebanon is the only country in the world carrying a burden of such proportions and hosting such a large number of displaced persons. They share all services with us – water, electricity – but as host country we do not receive any donations or aid from the international community, unlike the refugees themselves. Our children are dying at hospital entrances, others cannot go to school. This is happening right before our eyes, to the extent that I, as a Minister, am obliged to beg for my salary at ATM machines while refugees and displaced persons can receive all kinds of donations and assistance while Lebanese people watch helplessly. This is very dangerous; this has repercussions on social security and demographics.

On top of this, there is the forced displacement of the Palestinians which has been going on for over 70 years. There are currently about 1 million Palestinians in Lebanon and we defend their right of return. It is a very dangerous situation since their social situation has an impact on us, who live alongside them. So I appeal to your feelings and your conscience and on behalf of the Lebanese people and children I ask you in all objectivity, far removed from any political interference, to listen to the appeal of the Lebanese people and children.

Fourth, the collapse of the economy and living conditions and the deterioration of the value of the national currency. This has led the population to block the roads, and the banking sector is destabilized. We have also seen the collapse of wages. There is also the fact that I sometimes have to wait two or three hours to make a journey of even two kilometres. As I already said, the roads are blocked, and this has an impact on our work.

I tell you in all objectivity that Lebanon, whether its government departments or the people as a whole, has become a country which is living in a situation of forced and compulsory labour. It is the first time that we are seeing such a situation in the world, I can say that the whole country is living in a situation of forced and compulsory labour, officials and workers have nothing left to live on, their wages have collapsed. Once again, I am repeating all this so that you can understand the situation: it is not to justify myself.

This is because we are attached to our country and we honour our obligations, we have undertaken what I will describe below. Despite these difficult circumstances, despite the collapse, we have taken action, we have made every possible effort.

We have drawn up a new draft Labour Code. It is the first time that we have done this since 1963. This draft legislation includes respect for all humanitarian standards. I have submitted the draft Labour Code to Parliament and, as I already said, Parliament is currently not playing its legislative role, it is content to seek to elect a President. This Labour Code provides, for example, for the inclusion of the category of men and women domestic workers, their obligations and rights, and we are seeking to currently change the kafala (sponsorship) system in order to move on from the situation in which we find themselves. We know very well what freedom and the price of freedom mean.

Second, the promulgation of the Act on the prevention of trafficking in persons had already entered into force.

Third, we have adopted an Act penalizing sexual harassment, including at work.

Fourth, we have signed a guide on the prevention of sexual harassment in the workplace with the assistance of the United Nations Development Programme (UNDP) and the Swedish Embassy in Lebanon. This guide shows us how to act under such circumstances and what to do to save or assist victims. We have also signed a technical agreement with the ILO Regional Office in Beirut to train officials of the Ministry of Labour in the preparation of reports which have been requested in Lebanon. We have thus sent our replies to the questions on the Forced Labour Convention, 1930 (No. 29), and we will reply systematically in future to all requests for clarification sent to us in due course.

While I was speaking to you, before coming back into the room, the Office received a new report from Lebanon. This shows the serious nature of our cooperation with the Committee and our response to all requests.

For a year and eight months, since taking up my duties at the Ministry of Labour, I have not issued any new licences for agencies which recruit domestic workers, in order to stop any misconduct. I will not accept any political interference in order to save the reputation of Lebanon, which is above all that.

I also promulgated Decision No. 41 in May 2022. This law regulates the operations of agencies for the recruitment of foreign workers, and this is an important reform to which I attached a similar decision which regulates accountability for agencies. This is happening for the first time in Lebanon. In fact we have closed more than 77 recruitment agencies, which represents 20 per cent of the number of legally approved agencies. This once again shows Lebanon’s serious intent despite the very difficult conditions in which we are living.

I have also adopted a new “black mark” mechanism for rating these agencies. We are trying to combat misconduct by employers, so I have not just addressed the matter with the agencies, but also with the employers. We have drawn up a blacklist of employers who mistreat domestic workers. Just before I came to Geneva, I had a problem with a relative of mine who has been blacklisted. I did not take any account of our being related, for the sake of protecting human rights and safeguarding the image and reputation of my country.

We have also set up a “complaints” section on the platform of the Ministry of Labour for complaints in electronic form from workers, including migrant workers. And since we have many power cuts or even have no electricity at all, I received a donation which enabled me to set up a photovoltaic power system at the Ministry so that we can continue our public service work.

As I already said, I have established a platform which follows workers’ complaints directly. This section is available even during holidays and weekends. This is being done in cooperation with the Lebanese General Security Services. I wish to cooperate with civil society, especially with reliable associations. Some organizations lack transparency, we do not know where their money comes from, how they obtain it, or how they spend it.

I would also like to draw your attention to respect for human rights in my country. The Lebanese justice system has handed down two court judgments which are now case law. From now on I will take this judgment as a basis for ensuring that foreign workers enjoy their rights, since there is no legislation is this area in Lebanon.

I am also focusing on social dialogue for the most vulnerable workers. We are taking into account the interests of the tripartite constituents. We have a tripartite committee which has met more than 16 times in 18 months, resulting in us increasing wages 14 times, and the people of Lebanon know this, whether employers or workers. This is why I am proud. As a minister in office, I have acted to ensure that the workers’ minimum wage in Lebanon is higher than my salary as a Minister. I wished to show that I am there to serve the workers and to protect their interests.

I am not forgetting the active role of the unions in Lebanon and I thank you for your efforts and your follow-up. We need to protect human rights. I reaffirm that we are serious and determined and that we are on the right track. I am very happy to listen to your observations and I reiterate our willingness to cooperate with the ILO.

In fact I have made all necessary arrangements and I say to you with all my heart: Lebanon, my country, is suffering. If you are objective, you will feel this suffering with us. We are a free, autonomous and sovereign country. We have confronted some very difficult situations – war, terrorism, occupation. We maintain our freedom, we are one of the countries at the origin of human rights. We are a country of diversify and we welcome displaced persons and emigrants. We have been left alone, we have been left behind. We lack material resources, but we remain a country with a free and human will.

Chairperson – Thank you very much Excellency for this detailed presentation providing the context of the challenges and their impact.

Employer members – We thank the Government of Lebanon for the oral and written information on this case, of which we have fully taken note. The Employer members stress the importance of States’ compliance with the Forced Labour Convention No. 29, 1930, which is one of the ten ILO fundamental Conventions. Employer members have always stood against any form of forced labour and have fully condemned any resort to it.

Once again, we would like to reiterate our strong commitment towards the full elimination of such unacceptable practice as defined in Article 2 of the Convention. Before addressing the substantive issues of this case, we would like to provide some procedural and contextual information about Lebanon’s situation.

To begin with, Lebanon ratified the Convention in 1977. However, according to the six observations the Committee of Experts provided since 2017, the country has repeatedly failed to achieve compliance.

The Committee of Experts issued an urgent appeal in 2021, which casts further light on the seriousness of the case, and this year has identified this case as one of the six double footnoted cases. Today is the first time we are discussing Lebanon’s application of Convention No. 29 in a tripartite setting in this Committee. Regarding the country’s economic and political context, since 2019 Lebanon has been affected by a dramatic economic crisis which is disproportionally impacting marginalized communities, such as migrant workers.

The COVID-19 pandemic as well as the explosion that hit the Port of Beirut in 2020 further exacerbated the financial fallout. Moreover, the political situation has been instable over the last years with mass protests in 2019 and Prime Minister resignations in both 2019 and 2020.

The Committee of Experts identified two main issues in this case, which have been repeated in previous observations. The first issue concerns the vulnerability of migrant domestic workers to conditions of forced labour contrary to Articles 1(1) and 2(1) of the Convention. The second issue relates to penal sanctions for the exaction of forced labour as required by Article 25 of Convention No. 29. We take note that on 22 May 2023 the Government of Lebanon provided written information to the Office addressing both issues.

On the first issue regarding migrant domestic workers, the Employer members observe that, according to the Government’s last report of 2018, a Bill on domestic workers was drafted. It was submitted to the Council of Ministers for discussion, and a Steering Committee was established under the Ministry of Labour to deal with migrant domestic worker issues, where a representative from the ILO Decent Work Technical Support Team also participated. We also take note that, in 2018, the ITUC reported that none of the draft policies discussed by the Steering Committee has ever passed into law. In their observations, it was also noted that migrant domestic workers continue to be subjected to abusive practices.

The Employer members also take note of the Committee of Experts’ observation according to which migrant domestic workers continue to lack adequate legal protection and be subjected to abusive practices which have intensified during the COVID-19 pandemic. Furthermore, according to the Committee of Experts’ observations, in October 2020 the implementation of a revised Standard Unified Contract for the employment of domestic workers was suspended by the State Council one month after its adoption by the Ministry of Labour.

On this point, we take note that, according to the statement provided by the Government in May 2023, the suspension was due to the lack of competence of the Minister of Labour as well as violation of the principles of separation of powers by adopting such an instrument. In the same written information, the Government of Lebanon also lists several legal and administrative measures adopted in favour of migrant domestic workers.

As to legislative measures, the Government points out that:

- a bilateral agreement signed between the Government of Lebanon and the Government of Ethiopia to combat illegal employment activities and trafficking in human beings;

- three Orders were issued by the Ministry of Labour on different issues, namely regularization of the status of foreign female domestic workers, closing down or revoking licences of a number of agencies for the recruitment of female domestic workers, as well as the establishment of a mechanism for classifying recruitment agencies.

As regards administrative measures, it is highlighted that throughout 2022 several agencies for the recruitment of female domestic workers were closed down due to the violation of legal provisions. There were 89 complaints concerning female domestic workers received by the Ministry.

The Employer members also take note that Lebanon, notably the Central Administration of Statistics, received financial and technical assistance from the ILO to draft a Follow-up Labour Force Survey, published in 2022. It shows a significant decline in the labour force participation rate of non-Lebanese, mainly due to the downturn in the economic situation since 2019. While we commend the measures put in place to strengthen the protection of migrant domestic workers, we are of the view that further efforts should be undertaken.

The Employer members therefore would like to request the Government to scale up its efforts and take, without delay, all the necessary measures to provide legal protection, assistance and remedies to migrant domestic workers who are victims of abusive practices and working conditions amounting to forced labour. Measures should also include the effective implementation of the revised Standard Unified Contract and the adoption of the Bill regulating the working conditions of domestic workers.

Finally, the Employer members would also like to call upon the Government to provide information on any legislative changes adopted or envisaged to review the kafala system and we hope that the Government will send a copy of the bilateral agreement signed with the Government of Ethiopia without delay, as well as the other relevant legislative measures mentioned in the written information.

Concerning the second issue regarding penal sanctions for the exaction of forced labour, the Employer members note that in the 2012 General Survey the Committee of Experts stated that exaction of forced or compulsory labour shall be punishable as a penal offence. A fine or a short prison sentence should not be considered as an effective, dissuasive penalty. We also take note of the ITUC’s observations as to the current lack of accessible complaint mechanisms for migrant domestic workers and the lengthy judicial procedures.

The Employer members further note the persistent concern of United Nations (UN) treaty bodies as to migrant domestic workers’ lack of awareness of the remedies available in cases of violation of their rights and other barriers, including the risks to which migrant domestic workers are exposed when filing a complaint. Concern was also expressed on the general state of impunity that perpetrators benefit from.

The Government, for its part, addressed some of these points in its written information of May 2023. The Employers appreciate the provision of information by the Government as well as the measures undertaken to strengthen access to justice for workers. However, we are of the view that further measures are necessary to achieve full compliance with Convention No. 29.

We feel compelled to reiterate the Committee of Experts’ requests and ask the Government to adopt the necessary measures to ensure that migrant domestic workers have full access to justice, are fully protected against any measures of retaliation and that sufficiently dissuasive penalties are applied.

The Employer members further align with the Committee of Experts’ request to the Government regarding the provision of information on the measures taken to strengthen the capacity of law enforcement bodies in this area as well as on the number of cases of forced labour of migrant domestic workers which have been investigated and prosecuted.

Worker members – It should first be noted that, despite the urgent appeal addressed to it by the Committee of Experts in 2021, the Lebanese Government has not submitted a report. It should also be noted that this failure to report has persisted since 2018. The Committee of Experts has therefore decided to examine the case on the basis of the information available. On the substance, the observations of the Committee of Experts are extremely worrying and focus on two areas.

The first concerns the situation of migrant workers, and particularly domestic workers. These workers are subject to a specific legal status that binds them to a particular employer. This is the infamous kafala (sponsorship) system, which the ILO’s supervisory bodies have repeatedly deemed to be forced labour. This legal status does not protect workers against abusive practices by their employers and leaves them open to arbitrariness and abuse. In concrete terms, this means that migrant domestic workers continue to report the systematic confiscation of their passports, long working hours, employers’ refusal to grant them sufficient time off, forced confinement in the workplace, poor living conditions, delayed payment or non-payment of wages, and verbal, physical and sexual abuse. A decree drafted in 2020 containing a standard contract and intended to guarantee a degree of protection never saw the light of day. It was suspended by the State Council, which is an administrative court.

The second area concerns effective protection against forced labour, particularly in the absence of dissuasive penal sanctions. The Worker members are grateful to the Lebanese Government for the written and oral information it has provided to the Committee, and are aware of the difficulties it faces. However, the Government cannot release itself from its responsibilities and it seems that the evidence put forward is not sufficient to dispel our concerns. The indication that an agreement concerning migrant workers is being negotiated between the Lebanese and Ethiopian Governments does not seem to offer a solution to the problems raised. These problems are rooted in Lebanese law and practice. Coordination with migrants’ countries of origin could be a solution, but only on a complementary and ancillary basis. We take note of the Government’s explanations concerning the suspension by the State Council of the decree containing the standard contract. However, we do not consider it appropriate to invoke a rule of domestic law to justify a failure to comply with an international commitment.

International organizations deal with States as an entity, and do not have to take these considerations into account in their assessment of whether international commitments have been respected.

Lastly, with regard to protection measures against forced labour, we do not feel it is sufficient to mention the theoretical possibility for migrants to lodge complaints. The figures on the number of complaints against agencies provided by the Government suggest that the situation is generally positive. However, these low figures are not in proportion with the number of domestic workers in the country.

Alleging that only 69 complaints concerning domestic workers were lodged in 2022 shows that these figures are far from an accurate representation of reality. A closer look reveals that the vast majority of these complaints were lodged by employers against agencies. This illustrates and demonstrates that domestic workers do not have effective access to complaint mechanisms. Protection measures must be effective and efficient. They must take into account the vulnerability of migrant workers and involve the implementation of appropriate mechanisms by the Government.

The Worker members consider that legislative initiatives are required that guarantee this protection in law and in practice.

Interpretation from Arabic: Employer member, Lebanon – I do not have a lot to add to what his Excellency the Minister of Labour said, but as a representative of manufacturers and employers in Lebanon and a member of the International Organisation of Employers I can just say that we have taken note of the measures and decisions taken by the Ministry of Labour to respond to the complaint as submitted to this Committee and we are cooperating with the ILO Regional Office in Beirut to try to push forward the necessary steps to resolve these matters. We sincerely hope that those measures will be enough to resolve these issues.

We are going to continue to work with the Ministry of Labour to try to ensure that decisions are implemented, to try to restore Lebanese reputation in terms of protecting employment law. I would also like to thank the International Organisation of Employers and the Arab Organization of Employers, both of which have supported Lebanese manufacturers in trying to find a solution. So, I will not repeat what has already been said by the Minister.

Interpretation from Arabic: Worker member, Lebanon – I am sure you are aware as the Minister of Labour has described that we are facing tremendous economic challenges and challenges in the workplace which have damaging impact on society in general and on Lebanese workers in particular.

Workers in the private sector and the public sector are affected as the Minister of Labour has described. In fact, some civil servants, officials, are demonstrating and blocking the roads in our country. Now we are determined to participate actively and engage in the work of this Committee so I would just like to recall the gravity of the situation which has paralysed the economy. Of course, we have not implemented all of the provisions of this and other Conventions, but we are determined to try to ensure that they are implemented and to meet our obligations in spite of the challenges we face. Thanks to the support of the ILO and the support of employers’ and workers’ organizations, we have seen a number of measures taken and laws prepared to try to protect foreign and domestic workers so that those workers can submit complaints if they face abuse. In fact, a number of complaints have been filed with the Lebanese judicial authorities, complaints from foreign workers when their passports were confiscated. Many have got their passports back thanks to the complaint mechanisms. Now other complaints have also been filed for cases of abuse or harassment and the prosecution officers have taken steps to strengthen the legal protection for foreign and domestic workers so that they can be protected from abuse. Perpetrators now face prison sentences of up to one or two years depending on the severity of the case and other steps and legislative measures have also been taken. Allow me to remind you that we do our utmost to try to protect workers’ rights. The International Organisation of Employers has set up a special committee to try to help us implement the Conventions that we have ratified, including Convention No. 29.

Government member, Sweden – I have the honour of speaking on behalf of the European Union (EU) and its Member States. The candidate countries of Albania, Bosnia and Herzegovina, North Macedonia, Republic of Moldova, Montenegro, Serbia, the European Free Trade Association (EFTA) countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

The EU and its Member States actively promote the universal ratification and implementation of the fundamental international labour standards. We support the ILO in its indispensable role to develop, promote and supervise the effective implementation of ratified international labour standards and of fundamental Conventions, including Convention No. 29. We are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights.

The EU–Lebanon relationship is governed by the Association Agreement, which has enabled us to strengthen our bilateral cooperation since its coming into force in 2006. In addition, the EU–Lebanon Joint Working Group on Trade and Investment forms a framework for further developing the partnership. Through the European Neighbourhood Policy, the EU remains committed to supporting Lebanon and its people.

We are concerned about the fact that the Government of Lebanon has not reported to the Committee of Experts on the Application of Conventions and Recommendations since 2018, especially given the gravity of the case. We call on the Government to supply full information during the current session of the Conference Committee and to reply in full to the Committee of Experts’ comments since 2018.

We note the impact of the dire economic situation and the COVID-19 pandemic on the vulnerability of migrant domestic workers of whom the vast majority are women. We share the deep concern of the Committee of Experts that migrant domestic workers remain subjected to abusive practices and working conditions that amount to forced labour and are not granted adequate legal protection. Reports on confiscations of workers’ passports, long working hours, insufficient time off, forcible confinement to the workplace, poor living conditions, delayed payment or non-payment of wages and verbal, physical and sexual abuse are deeply worrisome, especially in combination with the lack of adequate legal protection and remedies.

We urge the Government of Lebanon to take the necessary measures, without delay, and in tripartite consultation, to provide domestic workers with adequate legal protection. This includes the revision of both the Standard Unified Contract which would guarantee a minimum level of protection, and the Bill regulating the working conditions of domestic workers as well as the legislative review of the kafala system with a view to introducing an adequate level of protection, in line with ratified ILO Conventions.

We emphasize the utmost importance of improving the access to justice and legal protection of migrant domestic workers against retaliation or deportation in case of rights violations as well as of imposing appropriate and dissuasive criminal penalties on perpetrators. We call upon the Government of Lebanon to take the necessary measures to ensure that adequate protection, assistance and remedies are provided to victims of abusive practices and forced labour. Migrant domestic workers must also be informed of the available remedies in the event of a violation of their rights.

We recall the importance of ILO support, including technical assistance, in facilitating compliance with all ratified ILO Conventions and the promotion of tripartism. We encourage the Government to step up its cooperation with the ILO in order to fulfil its obligations under Convention No. 29.

The EU and its Member States reiterates its deep concern with the case as set out by the Committee of Experts. We will continue to follow and analyse the situation and remain committed to our close cooperation and partnership with Lebanon.

Worker member, Norway – I am speaking on behalf of the trade unions in the Nordic countries. Lebanon is facing serious allegations of violating Convention No. 29. Among the critical concerns are the rights of migrant workers. Here, the issues are emphasized by the deeply flawed kafala system, which has contributed significantly to the failed, crony economy of Lebanon. The migrant community continues to suffer from various forms of entrenched oppression, including high unemployment rates, housing insecurity, and constant fear of arrest and deportation by the Lebanese authorities. Many migrant domestic workers have to work under grave and abusive working conditions. These women, mainly from Africa and Asia, went to Lebanon with a dream of a better life helping their families back home financially. Instead, they are facing physical and sexual abuse, long working hours and hardly any payment. It is widely believed that the population of undocumented migrant workers exceeds that of documented migrants. Without legal status, they are confined to the informal sector, facing non-negotiable salaries and abysmal working conditions. The most vulnerable are constantly living under threat of being reported to the authorities by their employers or landlords, excluding any true possibility of demanding better working conditions.

The kafala system remains a challenge. Serving both the private and public sectors, it allows recruitment agencies to charge substantial fees to employers for hiring foreign workers, while the General Security Office and the Ministry of Labour impose additional charges for residency and work permits. These recruitment agencies alone generate millions of dollars in revenue each year. Moreover, the kafala system renders migrant workers entirely dependent on their employers, depriving them of basic rights and subjecting them to exploitative conditions. The Syndicate of Owners of Recruitment Agencies in Lebanon (SORAL), backed by official protection, actively obstructs any progress in improving the situation of migrant domestic workers.

We urge the Government to take the necessary measures to ensure that the migrant workers in Lebanon are protected and have access to justice when their rights are violated. Further, we request the ILO to send a direct contacts mission to Lebanon to assess the labour rights situation, providing technical expertise, facilitating dialogue, strengthening capacity-building efforts, and catalysing policy reforms.

Government member, Switzerland – The application of the Convention in Lebanon has been the subject of recurrent observations by the Committee of Experts for some 15 years. Switzerland regrets that the Lebanese Government has not taken the necessary measures during this period to comply with its international obligations.

The situation of hundreds of thousands of migrant domestic workers in Lebanon has been a cause for concern for several years. Owing to the sponsorship system that ties them to a particular employer, migrant domestic workers find themselves in a weak position where they are exposed to forms of abuse and exploitation, including forms of forced labour. In addition, because of their precarious position, migrant domestic workers have very limited access to justice, making it difficult for them to obtain redress for the harm they have suffered.

Switzerland has taken note of the observations provided and the explanation put forward by the Lebanese Government, and calls on it to continue its efforts and to take all measures to provide migrant domestic workers with adequate legal protection, in particular by guaranteeing them access to legal remedies. These measures could be strengthened by the examination and possible ratification by Lebanon of the Domestic Workers Convention, 2011 (No. 189).

Worker member, Zambia – I am speaking on behalf of the trade unions in Africa. Workers from Africa and East Asian countries come to Lebanon to work in domestic services through offices which are specialized in recruiting foreign workers, within a law called the sponsorship system.

I will talk about the women and men leaving Africa, especially from Ethiopia, to work in Lebanon. As soon as the young workers arrive to Beirut airport, the sponsor confiscates the passports and papers, and the first and last controller touches all their movements. There are no clear limits to working hours, no days off, no freedom of movement, and no ability to communicate periodically with their families back home. All for a pittance of no more than 100 or 150 dollars a month.

This April 2023, Lebanon and Ethiopia signed an agreement to regulate employment under the protection of human rights and the prevention of human trafficking. This agreement was negotiated and signed without the engagement of the trade unions in both countries, and this will keep workers under the same poor, bad conditions. There is a risk that the agreement will remain merely symbolic, failing to address the systemic issues, which is faced by African workers in Lebanon. Without robust monitoring and accountability, violations of human rights and human trafficking may still continue unabated.

Furthermore, the agreement may not adequately address the root causes of exploitation and abuse. The kafala system, which ties a worker’s legal status to their employer, remains intact. This system inherently creates power imbalances and enables the mistreatment of migrant workers. Failure to address this fundamental flaw undermines the effectiveness of the agreement in protecting human rights.

Additionally, the agreement may lack provisions of comprehensive support services, especially to Ethiopian workers. Access to legal aid, and social supports are essential components of safeguarding their rights and well-being. Without these services, workers may still face barriers in obtaining the assistance they need and remain vulnerable to abuse and exploitation.

Lastly, the agreement may not sufficiently give and prioritize the gender-specific challenges faced by Ethiopian women in Lebanon. Gender-based violence, unequal pay, and limited access to reproductive healthcare are critical issues that should be addressed.

We urge the Lebanese ministry of labour to review this agreement by engaging with unions from both countries, and we urge the Government of Lebanon to take the necessary measures to ensure that the migrant workers in Lebanon have the right to join trade unions. Further, we request the ILO to send a direct contacts mission to Lebanon to assess the labour rights situation and facilitate dialogue.

Interpretation from Arabic: Government member, Tunisia – We welcome the administrative and legislative measures taken by the Lebanese Government to fulfil its obligations under Convention No. 29. A law has indeed been enacted to regularize the situation of foreign domestic workers. This is an excellent development.

We also welcome the measures adopted to provide social and legal protection for migrant domestic workers, so that they are protected from precarity and sexual harassment.

We believe that the Lebanese Government’s commitment is positive and constructive and in line with our request for the Government to meet its obligations. We believe that it is imperative today to ask the Lebanese Government to fulfil its obligations and help it in doing so.

Interpretation from Arabic: Government member, Syrian Arab Republic – We call for cooperation and technical assistance so that this country is able to fulfil its obligations. We must avoid any interference in Lebanon’s internal affairs, while at the same time providing a framework that enables Lebanon to meet its obligations.

Worker member, Spain – In May, a trade union delegation from my organization, the Workers’ Commissions of Spain, went to Lebanon. There, after many meetings with trade unionists, civil society organizations and various authorities, we were able to verify what we all know – i.e. the serious deterioration of the socio-economic and political situation in Lebanon, which is affecting its working class, migrants and refugees.

With the worsening of the situation, we have noted an increase in the violation of ILO Conventions, especially Convention No. 29, which is closely related to the right to organize.

The absence of effective protection of the right to organize contributes to the prevalence of forced labour practices and creates an environment in which exploitation can flourish. The situation of the right to organize in Lebanon thus presents significant challenges for the working class, especially for marginalized groups such as migrant workers, refugees and domestic workers.

Although Lebanon has ratified a large number of ILO Conventions, including the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), there are significant gaps in its implementation and compliance.

One of the main obstacles is the restrictive legal framework. Lebanese labour law provides for the right to form unions and engage in collective bargaining, but these rights are limited to the Lebanese population working in certain sectors, excluding many vulnerable groups who are prevented from organizing and collectively defending their rights.

In addition, there is a lack of awareness and understanding of labour rights. Many women workers, especially migrant and domestic workers, are unaware of their rights and the avenues available to them to obtain redress. This lack of knowledge contributes to a climate of vulnerability and exploitation. Moreover, language barriers, lack of social networks and fear of reprisals make it difficult to participate in collective action.

We call on the ILO to send a direct contacts mission to Lebanon, which would be crucial in assessing the state of labour rights, providing technical expertise, facilitating dialogue, strengthening capacity-building efforts and catalysing policy reforms. By engaging directly with stakeholders and offering support, the ILO can play a key role in improving working conditions, protecting workers’ rights and promoting fair and inclusive labour practices in Lebanon.

Interpretation from Arabic: Government member, Algeria – The Algerian delegation appreciates the efforts made by the Lebanese Government to implement the Convention. We welcome the additional provisions added to the national legislation for this purpose, as well as the intensification of its cooperation with the ILO. These positive developments show that the Lebanese Government is making real efforts to combat all forms of forced labour, and to protect migrant workers, especially domestic workers.

Despite the difficulties faced by this country, the measures to prevent trafficking and labour exploitation that have been implemented are at the heart of public policies aimed at reviewing legislation and introducing a number of amendments, in conformity with the comments of the Committee of Experts.

Algeria thus remains convinced that Lebanon will implement, in the near future, the measures that it has adopted to comply fully with the Convention and endorses the measures taken to eliminate forced labour, which is also prohibited by the Constitution and by the Lebanese Labour Code.

Lastly, the Committee should take into consideration the positive aspects emerging from the explanations and arguments presented in the Lebanese Government’s report. Algeria trusts that the Committee’s conclusions from the discussion will be objective and well-balanced, which will undoubtedly enable the Lebanese Government to draw from them when implementing the Convention.

Interpretation from Arabic: Government member, Egypt – We welcome the steps taken by Lebanon to implement the Convention. The Lebanese Government has adopted a series of legislative measures that aim to strengthen human rights and combat trafficking in persons. Indeed, a law has been enacted in that regard to fight against exploitation and trafficking.

Furthermore, the Lebanese Government has proposed reforms to the Labour Code that respond to human rights obligations. That Bill is currently being examined by Parliament.

The Lebanese Government has also promulgated a law to combat sexual harassment in the workplace that addresses allegations of sexual harassment against domestic workers, in addition to the measures adopted in 2019 that provide legal assistance to migrant domestic workers, in cooperation with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other United Nations agencies.

There has also been cooperation with the Beirut Bar Association, and a mechanism has been put in place to receive complaints from migrant domestic workers. It is important to assist the country in capacity-building, an essential part of helping the country meet its obligations under Convention No. 29.

Interpretation from Arabic: Observer, International Trade Union Confederation (ITUC) – We are meeting to discuss the lack of respect for international obligations by the Lebanese Government. This non-respect particularly refers to Convention No. 29, and happens in the labour market in the country. This is a problem that has persisted for several years now, and this really undermines one of the fundamental rights at work. We are talking about forced labour, but we must not forget discrimination and the absence of freedom of association and the freedom to engage in free collective bargaining as well. In this regard, reference could be made to the FENASOL complaint and the reports that were attached to it.

We would have wished to celebrate in this forum the ratification by my country of Conventions Nos 87, 155, 187, 189 and 190, but this is not the case. Despite the various efforts that have been undertaken, they are somewhat sporadic, and there are some shortcomings still. We can take account of the positive response from the Government and the Minister, but today I am speaking on behalf of the workers of Lebanon who are excluded from the tripartite discussions in the country. Looking at the social and economic situation, which affects the situation of all workers, all organizations that represent social partners are excluded from these discussions. For example, we see that the domestic workers’ union set up in 2015 is not allowed to operate. These unions are not registered and are still not recognized, which is not surprising. However, we should not forget as well that there is a draft Bill on domestic workers which should bring in legal reforms and the idea would be that thanks to these reforms, we would be able to guarantee trade union rights for our workers in the private sector and in the public sector. But, despite all of this, there are still shortcomings.

The right to free collective bargaining in the public sector, for example; this is something that should be granted to all workers and a number of laws have been brought in, but the social partners were not involved in the framing of those laws. There are disciplinary proceedings that have been brought in for any of those who dare try to exercise their trade union rights or their most basic rights. Sometimes they are even dismissed from their jobs. we should not forget that we have received more than 250 complaints, and these are cases which are well documented, and they show that these allegations are true. Therefore, we would ask the ILO to work with the social partners and the Government and to send a direct contacts mission. We feel that this would be the way in which we could draw up a road map and we should bring in all the stakeholders, including our trade union FENASOL. We believe that is the only way in which we can move ahead, and we can bring in a programme which would be agreed to, and which would be achievable.

Observer, International Domestic Workers Federation (IDWF) – It is no secret that migrant workers in Lebanon struggle and suffer under kafala, an exploitative sponsorship system that binds migrants’ residency to their employers. Status depends entirely on an employer’s decisions. Workers are deprived of their dignity, fundamental human rights and social protection. Their passports are confiscated, and their working conditions are left to their employers’ goodwill and cannot be considered agreed. There cannot be free work or ethical contracts under kafala.

The kafala system leads to a form of trafficking in persons, owing not only to migrant workers’ lack of knowledge and potential abuse, but also to the lack of ethical contracts. Domestic workers are subjected to abuse from the moment they enter their employers’ homes owing to the existence of forced labour conditions where work is carried out under threat.

It is also worrying to see that the Government’s response is limited to sticking-plaster solutions, such as a bilateral agreement which does not apply to all nationalities affected by the kafala system and whose selective approach risks creating a hierarchy of protection instead of total commitment to international standards.

Bilateral agreements cannot, and should not, substitute universal rights for all. Furthermore, neither Lebanon nor Ethiopia have ratified the Domestic Workers Convention, 2011 (No. 189), and Lebanese labour law does not cover migrant workers, which is a form of systemic discrimination that contravenes the universal scope of application of Convention No. 29.

Calling for respect for non-existent laws is misleading. The selective emphasis placed on revoking the licences of some agencies does not address the problem at its root: the kafala system. Workarounds, such as the re-registering of an agency in the name of another family member, are used to keep agencies in business.

The complaints cited by the Ministry do not reflect the breadth or the extent of the violations and abuse. Migrant domestic workers often face obstacles to reporting the abuse that they suffer, including the language barrier, fear of reprisals and a lack of information on their rights. By its nature, their work in private homes often isolates them from the outside world, helping to render their struggle invisible and their suffering silent.

Moreover, the mere existence of legislation or decrees does not translate automatically into access to justice or protection of rights. In reality, in cases of abuse, migrant domestic workers have no other choice than to take matters into their own hands and leave their employer’s home, which is their workplace, and face accusations of fleeing.

Their visa status is not regularized, preventing them from accessing justice. Turning to the justice system involves revealing their status as undocumented workers, placing them under pressure to find new jobs and regularize their status during the grace period. The prevailing atmosphere of fear and mistrust of the authorities prevents domestic workers from exercising their rights, thereby rendering their work involuntary.

We urge the ILO to deploy a direct contacts mission to Lebanon to establish dialogue with all stakeholders and facilitate the development of legislative changes that respect international labour law to guarantee protection for migrants, their human dignity and their rights.

Observer, Building and Woodworkers’ International (BWI) – The policies of the Lebanese Government and its inability to reform the labour legislation have led to the suffering of its workforce and left the country’s migrant workforce without legal protection from working under the threat of a penalty.

The State’s policies have led to an increase in the number of unemployed, an unprecedented expansion of the informal economy, and extreme vulnerability of workers to exploitative labour practices. We acknowledge the bankruptcy of the banking sector, the collapse of the purchasing power of wages to 97 per cent, and a terrible decline in the quality and continuity of services, such as medicine, transport and electricity, but it should be highlighted that this lack of services hit the most vulnerable first.

The construction sector in Lebanon has for a long time relied on migrant workers and after the war broke out in the Syrian Arab Republic, refugees have comprised a majority of the construction workforce.

The situation of Syrian construction workers in is a matter of great concern and has been widely documented by human rights organizations and international bodies. The various forms of exploitation and rights violations include extensive working hours under hazardous conditions, exposure to unsafe environments while lacking the proper protective gear and safety training, and many workers being paid significantly less than the minimum wage. In addition, many Syrian workers are frequently victims of wage theft through the withholding of payments or wages as a form of threat.

At the same time, a majority of the migrant workforce in Lebanon lack legal protection due to their precarious immigration status. The kafala system in place, where the migrant worker’s immigration status is tied to their employment, leaves them vulnerable to exploitation and abuse by employers.

Finally, migrant workers face tremendous discrimination and xenophobia which often results in their marginalization and exclusion from social services and protections. Verbal and physical abuse create a hostile environment and undermine their well-being and dignity. These conditions show that Lebanon has not taken effective measures to prevent and eliminate abuse, to provide victims with protection and access to appropriate and effective remedies, or to sanction the perpetrators of forced or compulsory labour.

Chairperson, based on this, we call on the ILO to send a direct contacts mission to Lebanon to catalyse the policy reforms to improve working conditions in the country.

Interpretation from Arabic: Government representative – I would like to thank all the delegates. As I said in my opening statement, we are ready to cooperate. As to the direct contacts mission, this will be handled by the ILO Office in Beirut. Now I would like to make a few observations.

The easiest thing to do is to generalize. When you fail to mention any statistics or figures, it means that you are generalizing, which is not conducive to objective discussions. This information is serious and vague.

When you talk about hundreds of thousands of workers, this is vague and untrue. We do not have a hundred thousand migrant workers – that is completely wrong. When you say that wages are 50 dollars, this is totally untrue. Any foreign domestic worker earns more than I do. Maybe you have not understood me. My salary today is 100 dollars as a Minister, and any migrant worker earns between 150 and 200 dollars per month. Making such accusations on these issues without any facts to back them up is therefore not an objective approach.

As to xenophobia, you talk about my country and say that we have cases of xenophobia. A third of our population is Syrian. There are 500,000 Palestinians living in our country and only four million Lebanese, which shows that we are not xenophobic. Syrian refugees do not live in camps in Lebanon. We put them up in houses and they attend our schools: we do not dump them in boats as some countries do. We do not do that. It is unfair to accuse us of being xenophobic. We are a welcoming, hospitable and diverse country. If you come to Lebanon, you will feel respected and appreciated, so I firmly reject all these accusations. There is no country in the world where a third of the inhabitants and residents are refugees and migrant workers. These accusations are very serious, and I completely reject what has been said. It is unfortunate, all the same, because it is as if you did not listen to me. You read out your speeches written well in advance, and you react as if you did not listen to me. And you deny everything that I said.

I acknowledged my responsibilities when I began my speech, and I even repeated this many times. We are going to fulfil our obligations, even if this is not about me personally, as I inherited this Ministry and others held this position before me. I want to improve my country’s reputation and situation and I am very sorry to hear the terms that you are using. I have said that we are ready to cooperate. I have said that we are ready to fulfil our obligations, and the ILO Office in Lebanon has helped us to draft reports that are submitted on a regular basis. Furthermore, even before I entered this room, I said that there was a new report that had just been submitted.

We respect our reporting obligations and do so on time. Sometimes I do not have any money to buy paper or ink for my Ministry. Can you believe that? How can you run a Ministry when you do not have any money to buy pencils or ink? I am not telling you this to make you feel sorry for us – I just want you to have a clear picture of the situation.

So put yourselves in our place. We are a country of four million Lebanese. Part of our territory continues to be occupied, our airspace is being violated, and cluster bombs are killing our children. We have 500,000 Palestinian refugees living in our territory, and in very difficult conditions, but we also have an economic embargo. Syrian refugees constitute a third of our population. I want to treat all migrant workers equally in terms of wages. We cannot afford to go to hospital because we do not have any foreign currency, whereas migrant workers receive their wages in foreign currencies and in cash, and they can go to hospital because they have the money to pay. We can no longer do that. Of course, it is their right; they are our brothers in humanity.

As regards forced labour, we are all in a situation of forced labour, including myself in the public service. We heard the spokesperson for the Lebanese workers, who said that we have not held any consultations with him, but he comes to my Ministry every day. I meet him every day and I consult him. I respect the law: there is a tripartite dialogue with the most representative workers’ organizations, and he is not the most representative. So I am truly astonished by these comments. My office is open to all trade unions. I even work outside of working hours and during the holidays. I serve my country – that is what I try to do – and I serve my people. I am ready to listen to your constructive criticisms, but I have reservations about what you are saying and I would like you to take them into account and to consider what I said in my opening statement and what I am saying now. We are on the right track. All the delegates talked about the kafala issue. It is a real problem, and we need to find a solution. We are going to draft a new Bill to put an end to this system. We are waiting for the election of a President of the Republic, for Parliament to sit, and for the Government to be formed. All this has to be finalized so that we can get to work. Despite all this, I have not remained idle or silent. I have done everything I could, everything that was in my power given the circumstances in which we live. I have left no visit or phone call unanswered. People who have taken the floor have visited me and seen the way I work. They have seen that sometimes we have power cuts during meetings. They see what I do despite the difficult circumstances. What I am saying is that we have to fulfil our responsibilities, and that we are doing it and are on the right track.

The courts have ruled in favour of domestic workers and migrant domestic workers. Passports have been returned to female domestic workers. The Standard Unified Contract (SUC) has been adopted and encompasses all decent working conditions for migrant workers.

Some have claimed that the Ministry of Labour receives complaints from employers. That is not true. Migrant workers and domestic workers can call us. They have all means of telecommunication available to them and can call me personally. I have made my personal telephone number available to all migrant workers, and domestic workers can call me on my personal line. It is therefore not true to say that they do not have access to a complaint mechanism. We have many migrant workers and they can call me, day or night. I have documented evidence of that. When I receive such complaints, I call the general security forces, which ensure that all matters are followed up completely transparently. You can see that the Lebanese people today is well aware of this situation, and everyone knows that they cannot abuse anyone. That is common knowledge. We do not have xenophobia in our country, it does not exist. Given the diverse nature of our population, we are a diverse people, and we have the highest number of refugees, of migrant workers, in the world; we are a diverse country.

We have paid the price for it because we have experienced terrorism. Despite that, we have respected our laws, we have respected and improved our sites, we have protected the mosques, churches and schools, as well as children, against terrorism, precisely in the name of diversity. We are sending a message of diversity: we are a tolerant country, peoples can coexist together and we have a social contract that respects human beings.

Today, in the age of artificial intelligence, human beings are sometimes not protected. We in Lebanon try to protect everyone. We have an ILO Regional Office in Beirut, we coordinate with it, we are open to discussion, to dialogue and to all suggestions.

I invite you to verify what I have said, verify my words, verify all the decisions that I have taken. Through our most recent decisions we have abolished the kafala system. We are on the right track, we are serious, we are transparent, and we want to meet our obligations. My physical presence before the Committee is evidence of that. My country will not attempt to evade anything. Right now, I am ready to face up to my responsibilities and, while I am here, I am receiving calls from Lebanon, because there are problems with strikes, for example. I am therefore endeavouring to follow affairs in my country even while I am here.

What we are going through in Lebanon is truly serious, it is unimaginable. I can, nevertheless, explain the situation to you, the crisis that we are going through, the human rights crisis. We were co-authors of our country’s declaration of human rights. I can therefore tell you that the population is currently experiencing the worst. Abuse against a single human being affects humanity as a whole. Anyone who carries out a charitable act for a human being does it for all of humanity, and that is exactly our culture.

We are experiencing many difficulties, but we are on the right path. We will follow up everything that we do. We are open to dialogue with you, we are ready to respond to your questions, we are ready to accept your constructive criticism. I reject, however, any generalization; I think that is very easy to do, and it is very easy to level accusations without facts, without evidence. If you have evidence, I ask you to give it to me and I will deal with it.

I have come here to represent my country, despite everything that we are currently going through, and I can tell you that the whole of Lebanon is in a situation of forced labour. That includes all public officials, because our wages are poverty wages, peanuts, but we do not want to give up, we do not want to lose hope. We see the light at the end of the tunnel, and we will leave the darkness and emerge into the light. I am not here to talk to you about poetry or ideals, I am here to give you the facts, and those facts resemble a bleeding heart.

We are doing our best and, whatever you ask of us, we try to do, to fulfil our obligations. We are in regular contact with the ILO office in Beirut, we have trained our staff and we are trying to do what we can to meet our objectives.

I would like you to understand what is happening in Lebanon. Please follow what is happening and support us, because we are taking steps, we are moving forward. Lebanon is ready to send you this message of hope if you have a little compassion for the Lebanese people, who are trying to do their best in the circumstances. Let us try, together, to hear their suffering, because we are a welcoming country, a diverse country. I would like to thank you, to thank all those who have sent us messages of hope. We are on the right track.

Worker members – We note the Lebanese Government representative’s remarks and his dissatisfaction. However, our role is not to make pleasant comments but to ensure that situations evolve.

The Worker members invite the Government not to engage in a semantic debate, but to deal with the subject in depth, in view of the remarks contained in the Committee of Experts’ report. The Worker members would also like to reassure the Lebanese Government of our solidarity with the Lebanese people and our awareness of the difficulties facing the country. However, among the elements put forward by the Lebanese Government are figures taken from the study on forced labour carried out with the assistance of the ILO.

These figures indicate a decrease in the rate of forced labour among non-Lebanese nationals. However, the Government itself points out that this development can be attributed to the reduction in the foreign national workforce in the country, mainly due to the economic situation. The Worker members do not believe that this can be used to absolve the Government of its responsibility, given that it had nothing to do with this development.

The Government also refers to a number of texts on protection against harassment. The existence of these legal provisions is positive. But, given their isolated nature, they alone are not sufficient to provide an adequate response to the problems we have outlined.

The Worker members are of course, and I repeat, aware of the difficulties facing the country, but the situation we are describing must be given priority attention.

The fight against forced labour requires strong political will and the involvement of trade union organizations – and I mean all trade union organizations – and must be supported by robust and credible state institutions.

It is therefore essential to combine these different elements in order to achieve the right objectives. Here are a few of them. First, adapt the legal framework so as to include domestic workers within the scope of labour law. Second, put in place a process for dismantling the kafala system for all migrant workers. Third, provide dissuasive criminal sanctions against forced labour and mechanisms for access to justice for victims, taking into account their vulnerability. To this end, we are asking the Government to accept a direct contacts mission, which is of course different from a commission of inquiry.

Employer members – The Employer members thank the various speakers who took the floor and notably the Government of Lebanon for their interventions and detailed information provided. We reiterate that Convention No. 29 is a fundamental Convention which therefore requires special consideration by the ILO, Governments, Workers, and Employers.

The Employer members wish to stress once again that we strongly condemn any form of abusive practices or work conditions that can amount to forced labour. We also believe it is essential that adequate criminal penalties are imposed on perpetrators so that such practices do not go unpunished.

In light of the Committee of Experts’ observations and today’s discussion, the Employer members recommend the Government of Lebanon to, firstly, take the necessary measures to provide migrant domestic workers with adequate legal protection, including by ensuring the effective implementation of a revised Standard Unified Contract and the adoption of the Bill regulating the working conditions of domestic workers.

Secondly, take the necessary measures to ensure that migrant domestic workers have access to justice, including adequate protection, assistance and remedies in the event of violation of their rights and are protected against any measures of retaliation or deportation and to ensure that the penalties imposed by law are really adequate and are strictly enforced upon persons who exact forced labour.

Thirdly, provide information on the measures taken to strengthen the capacity of law enforcement bodies in this area and the number of cases of forced labour of migrant domestic workers investigated and prosecuted, as well as on any legislative changes adopted or envisaged to review the kafala system, and thereby looking at measures other States are undertaking in the region.

Finally, we call on the Government to provide a copy of a bilateral agreement signed with the Government of Ethiopia without delay, as well as any other relevant legislative measures mentioned in its written information.

We count on the collaboration of the Government for the implementation of the above-mentioned recommendations and full respect for Convention No. 29 in law and practice. Thank you for your attention.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

While noting the prevailing situation in the country, the Committee deeply regretted the failure of the Government to respect its reporting obligations despite an urgent appeal by the Committee of Experts.

The Committee expressed deep concern at the lack of adequate protection for migrant domestic workers in law and practice and noted the lack of rapid, efficient and effective complaints mechanisms for migrant domestic workers.

Taking into account the discussion, the Committee urges the Government to take effective and time-bound measures to:

- provide migrant domestic workers with adequate legal protection, including by ensuring the reinstatement and effective implementation of the revised Standard Unified Contract and the adoption of the Bill regulating the working conditions of domestic workers, and provide information to the Committee of Experts on the measures taken in this regard, and on the results achieved;

- ensure that migrant domestic workers who are victims of abusive practices and working conditions amounting to forced labour have access to justice – including adequate protection, assistance and remedies – in the event of a violation of their rights;

- ensure that migrant domestic workers are protected against any measures of retaliation or deportation, and that their cases are processed expeditiously and that decisions are enforced;

- introduce and enforce effective and sufficiently dissuasive penalties to employers and labour recruiters who engage migrant workers in situations amounting to forced labour;

- strengthen the capacity of law enforcement bodies in this area and provide information to the Committee of Experts on the measures taken in this regard, and on the results achieved;

- abolish the Kafala system and replace it with a work permit system that allows domestic migrant workers to change employer and provide information to the Committee of Experts on any legislative changes adopted or envisaged to review the Kafala system;

- hire and train additional labour inspectors and increase material resources to them necessary to carry out labour inspections in the domestic work sector and provide details to the Committee of Experts on the training received by labour inspectors, the number of inspections in the domestic work sector, the number of offences detected, and the penalties imposed;

- provide a copy of the bilateral Agreement signed with the Government of Ethiopia, as well as any other relevant legislative measures mentioned in its written information;

- provide information to the Committee of Experts on the number of investigations, prosecutions, convictions and penalties imposed for the offence of engaging migrant domestic workers in situations of forced labour; and

- provide any outstanding information requested by the Committee of Experts before its next session together with detailed information on the measures taken to implement these recommendations, and on the results achieved.

The Committee urges the Government to avail itself, without delay, of ILO technical assistance to ensure full compliance with its obligations under the Convention in law and practice.

The Committee also requests the Government to accept a direct contacts mission.

The Committee requests the Government to fully comply with its reporting obligations and to provide, in consultation with the social partners, a report to the Committee of Experts by 1 September 2023 on measures taken and progress achieved on the application of the Convention in law and practice.

Interpretation from Arabic: Government representative – Lebanon thanks the Committee for the presented report and notes its conclusions regarding Lebanon’s observance of the Convention.

In this regard, we would like to make the following statement. Lebanon is a democratic State which is attached to human rights and rights in general and respects all its international commitments. Lebanon is a country which is open to dialogue and constructive cooperation with the international organizations, in particular the ILO. Consequently, the Lebanese delegation, under the guidance of the Ministry of Labour, has participated in the work of the Committee and established a transparent dialogue with this Committee in order to improve the situation of the Lebanese workers. Lebanon is of course bound by the Conventions which it has ratified, in particular those of the ILO, including Convention No. 29, despite the lack of resources and the difficult situation faced by the country, which in particular is slowing down certain structural reforms. However, we have implemented a number of measures in order to rectify many shortcomings and gaps, and we referred to the most significant ones during the examination of the case of Lebanon last Wednesday.

In conclusion, I would like to say that Lebanon takes note of the conclusions, including with regard to the sending of a direct contacts mission. However, we regret that the Committee has not taken account of the detailed explanations which we contributed in the context of the discussion. Nevertheless, we reiterate once more our attachment to the principle of cooperation based on constructive dialogue with the ILO, in order to improve the situation of the workers in Lebanon. We would like the ILO to take account of the difficult circumstances that we are going through and to provide us with technical assistance commensurate with the difficulties that we are facing.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National strategy. The Committee notes the Government’s information, in its report, that a general strategy was developed in 2013 to combat the crime of trafficking in persons in Lebanon. Noting that the Government does not provide any information on the implementation of this strategy, the Committee requests it to provide information in this regard. The Committee also requests the Government to provide more concrete information on the measures taken to prevent trafficking and ensure protection to victims, as well as on the results achieved through these measures.

2. Coordination mechanism. The Committee recalls that a draft amendment to Act No. 164 of 2011 on the punishment for the crime of trafficking in persons provided for the creation of a National Commission to combat human trafficking and victim assistance and protection. The Committee notes that the Government provides information on the process of consultation that it is currently undertaking and indicates that the final version of the amendments will be sent to the Committee if it is voted upon by Parliament. The Committee expresses the firm hope that the amendment of Act No. 164 of 2011 on the punishment for the crime of trafficking in persons is adopted in the near future and that the National Commission to combat human trafficking and victim assistance and protection is duly established to ensure better coordination and monitoring of the national action to combat trafficking. It requests the Government to provide information on the progress made in this regard.

3. Identification and assistance. The Committee takes note of the information shared by the Government on the manuals and guides adopted with the aim of prescribing methods for the early detection of any situation liable to constitute trafficking and setting out principles to be followed when dealing with victims. The Committee requests the Government to continue to take measures to facilitate the identification of, and assistance to, victims of trafficking for both labour and sexual exploitation. In this regard, the Committee requests the Government to provide information on the number of victims who have been identified, indicating how many of them have received assistance and of what type.

4. Enforcement. The Committee recalls that section 586.2 of the Penal Code, introduced by the Act No. 164 of 2011 on the punishment for the crime of trafficking in persons, criminalizes trafficking in persons and establishes penalties of imprisonment of up to seven years and a fine. The Government indicates that the Internal Security Forces (ISF) work to identify cases of trafficking, but that the Human Trafficking Repression and Morals Protection Bureau of the Judicial Police has the sole responsibility for the investigation and prosecution of crimes associated with trafficking. With regard to the information requested on investigations and prosecutions related to trafficking in persons, the Government indicates that the Ministry of Justice prepares an annual periodic report that includes judicial rulings and decisions issued by the judiciary concerning this offence, but that the number of judgments or decisions is not exact due to the absence of automation of the courts. Moreover, the Government acknowledges that the number of decisions in 2021 was not substantial, due to the multiple crises affecting the country, which halted court sittings. The Government does refer, however, to four decisions issued by the Indictment Division in Mount Lebanon: two judgements handed down by the Criminal Court in Mount Lebanon; and two pending cases before the Bekaa Examining Magistrates, all of which were related to trafficking for forced prostitution. The Committee strongly encourages the Government to strengthen the capacity of the ISF and the Human Trafficking Repression and Morals Protection Bureau to effectively identify, investigate and prosecute cases of trafficking in persons. It requests the Government to provide information on the difficulties faced in this respect and on the number of investigations and prosecutions related to trafficking in persons, for both sexual and labour exploitation, as well as the nature of the penalties applied to perpetrators in application of section 586.2 of the Penal Code.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. The Committee notes the Government’s information that, in practice, persons sentenced pursuant to sections 45 and 46 of the Penal Code (which establish various types of penalties involving an obligation to work) do not perform any hard labour activities, apart from certain kinds of manual labour in prisons, and only if they wish to do so.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee takes note of the observations of the General Confederation of Lebanese Workers (CGTL), which were received with the Government’s report. It also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2023, in which the IOE reiterates statements made by the employer delegates in the discussion that was held by the Committee on the Application of Standards of the Conference (Conference Committee) in June 2023. It further notes the observations of the International Trade Union Confederation (ITUC), received on 27 September 2023. The Committee requests the Government to provide its reply to these observations.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, June 2023)

The Committee takes note of the detailed discussion that was held by the Conference Committee, regarding the application of the Convention by Lebanon.

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers to conditions of forced labour. (i) Legal protection. The Committee observes that the Conference Committee noted with deep concern the lack of adequate protection for migrant domestic workers in law and practice who continued to face abusive working conditions that amount to forced labour, such as passport confiscation, high recruitment fees, non-payment of wages, deprivation of liberty, and physical and sexual abuse. The Conference Committee urged the Government to provide migrant domestic workers with adequate legal protection, including by ensuring the reinstatement and effective implementation of the revised Standard Unified Contract (SUC). It also requested the Government to provide information on any legislative changes adopted or envisaged to replace the Kafala system with a work permit system that allows domestic migrant workers to change employer. The Committee notes that the CGTL indicates, in its observations, that it considers that the Labour Code should be amended to include domestic workers.

The Committee notes the Government’s information, in its report, that the latest draft Labour Code, prepared and sent to the Cabinet of Ministers in 2022, includes domestic workers in its scope of application, according to the new section 15, “in everything that does not contravene the Standard Unified Contract (SUC) for domestic workers, issued by a decision of the Minister of Labour”. The Committee recalls, as indicated by the Government in its written information to the Conference Committee, that the implementation of the revised SUC, which was adopted by the Ministry of Labour (MoL) in 2020 and included new protections for domestic workers, was suspended by the State Shura Council. In the meantime, the SUC of 2009 still applies. Most importantly, the revised SUC would allow workers to terminate their contract without the consent of their employer. The Government indicates that the MoL is in the process of reviewing the previous draft SUC, taking into account the rights of all stakeholders. The Committee also observes the Government’s indication that the MoL has issued Order No. 1/1 of 5 January 2023 regularizing the status of women migrant domestic workers who perform jobs other than those specified in the work permit.

The Committee once again urges the Government to take the necessary measures to provide migrant domestic workers with adequate legal protection. To that end, it urges the Government to take the necessary measures, to ensure the adoption of the draft Labour Code. It requests the Government to indicate whether a revised SUC will be adopted or the suspension of the revised 2020 SUC will be lifted, with a view to allowing workers to terminate their employment at certain intervals or after having given reasonable notice during the duration of the contract,without the consent of their employer. Moreover, the Committee requests the Government to provide concrete information on the situations covered by Order No. 1/1 of 5 January 2023, for example, the number of workers concerned, the possibility to change employers, and information on its application in practice.

(ii) Access to complaints mechanisms. As requested by the Committee in its previous comments, the Conference Committee urged the Government to ensure that migrant workers who are victims of abusive practices and working conditions amounting to forced labour have access to justice, including adequate protection, assistance and remedies.

The Committee observes that workers can submit a complaint to the Department of Labour Inspection, Protection and Safety and to the MoL’s regional labour offices and that, by virtue of Ministerial Decision No. 1/168 of 2015, recruitment agencies are required to report disputes between workers and employers to the MoL and when appropriate to file a complaint. The Committee notes the Government’s information that, in 2020, it activated a hotline to enable foreign domestic workers to communicate directly and easily with the MoL to lodge complaints. The Government indicates that a media awareness campaign to promote the hotline was delivered in English, Arabic and in other relevant languages. According to the Government, 77 complaints were received by the MoL in 2020 through this hotline. Throughout 2022, 89 complaints concerning women migrant workers were sent to the MoL: (i) 62 were made by an employer against recruitment agencies; (ii) 20 were made by embassies, consulates, associations and trade unions, the bulk of which concerned employers’ failure to pay women migrant workers their wages (15 were resolved); and (iii) 7 were made by women domestic workers themselves against recruitment agencies, 6 of which were resolved.

The Committee observes that the number of complaints reported appears to be low, especially considering that the vast majority of complaints are lodged by employers against agencies. The Committee therefore urges the Government to strengthen its efforts to ensure that migrant domestic workers can easily and effectively lodge complaints with the competent authorities and seek redress in the event of a violation of their rights or abuses, without fear of retaliation. In this regard, the Committee requests the Government to continue to provide information on the number of migrant domestic workers who have had recourse to complaints mechanisms, as well as more specific information on the violations denounced, the follow-up given to the complaints, and the remedies obtained.

Article 25. Enforcement and penalties. (i) Violations of labour rights. The Committee notes that the Conference Committee urged the Government to hire and train additional labour inspectors and increase their material resources to carry out labour inspections in the domestic work sector and provide details to the Committee on the training received by labour inspectors, the number of inspections in the domestic work sector, the number of offences detected, and the penalties imposed with regard to infringements of the labour legislation. The Committee notes that the Government does not provide information in this regard but indicates that while migrant domestic workers are not covered by the Labour Code, they may still file civil suits on the basis of the Obligations and Contracts Act.

The Committee recalls that the effective imposition of penalties for violations of labour rights is an essential element in combating forced labour, as forced labour practices are, in most cases, characterized by the combination of a number of violations of labour legislation which must be punished as such. Moreover, taken as a whole, these violations may constitute the offence of forced labour, which in itself gives rise to specific criminal penalties. The Committee observes that the SUC of 2009 which contains provisions on domestic labour rights is applicable and that compliance with these rights needs to be effectively monitored. The Committee therefore once again requests the Government to strengthen the capacity of labour inspectors, or any other relevant law enforcement body, to allow for the effective monitoring of the working conditions of domestic migrant workers. It requests the Government to provide information on the measures taken in this regard, as well as information on the number of inspections carried out, number and nature of violations detected, and penalties applied for such violations. 

(ii) Monitoring of recruitment agencies. The Committee notes the Government’s information regarding the recent adoption of certain decisions by the MoL pertaining to recruitment agencies and the status of women migrant domestic workers, in particular Decision No. 41/1 of 11 May 2022 on the regulation of the activity of agencies for the recruitment of women migrant workers for domestic service (article 28 of which prohibits them from charging fees to domestic workers). The Government indicates that a number of administrative measures were taken against agencies specializing in the recruitment of women migrant domestic workers for violating Decision No. 41/1, including the suspension of their activities or revoking of their licenses, following the receipt of complaints. The Committee notes in this regard that the Government representative had indicated, during the Conference Committee discussion, that 77 recruitment agencies (20 per cent of all registered agencies) were closed. The Committee requests the Government to continue its efforts to monitor recruitment agencies and to ensure that recruitment fees are not charged to workers, and to provide information on violations detected in this regard. It encourages the Government to take measures to build the capacity and raise awareness of recruitment agencies on migrant workers’ labour rights and the need for fair recruitment. It requests the Government to provide concrete information on the types of violations committed by the recruitment agencies that led to their suspension or closure and the procedure in such cases.

(iii) Penal sanctions for the exaction of forced labour. Concerning the obstacles faced by migrant domestic workers when seeking to report abuses, the Committee notes that the Conference Committee urged the Government to introduce and apply effective and sufficiently dissuasive penalties on employers and labour recruiters who engage migrant workers in situations amounting to forced labour, and to strengthen the capacity of law enforcement bodies in this area.

The Committee notes the Government’s indication that the General Directorate of General Security (GDGS) investigates any complaints involving domestic workers and, under the supervision of the competent public prosecutor, has the authority to initiate court proceedings on a case-by-case basis and takes the “requisite administrative measures” against those persons who are found to have committed abusive acts against domestic workers. The Government also refers to Act No. 205 of 2020, which provides for sanctions for the offence of sexual harassment by all employers, in particular in the context of a dependency or employment relationship.

The Government also shares the information received from the Human Trafficking Repression and Morals Protection Bureau regarding the number of cases of forced labour of migrant domestic workers that have been investigated and prosecuted. The Committee notes that the data provided does not relate to investigations, prosecutions and convictions of employers who subject domestic workers for abusive practices or forced labour. It observes that according to the data, some victims in cases of trafficking or sexual offences have also been arrested for desertion of the home of their employer or have remained with their employer. There is no detailed information on the circumstances of the cases reported in these statistics. The Committee notes in this regard that a 2020 ILO, IOM and UN Women report entitled “Women Migrant Domestic Workers in Lebanon: A Gender Perspective” shows that women migrant domestic workers have rarely been able to hold their employers to account by filing criminal complaints and that a study from 2020 revealed that 91 per cent of hearings in cases involving migrant domestic workers were conducted in absentia, suggesting that women are deported before their case is even referred to the courts. The same report reveals other violations of these women’s right to access to justice, including regularly convicting domestic workers of “running away” from their employer even when they are facing severe abuse and overlooking cases of human trafficking or forced labour.

The Committee observes with concern the lack of information on sanctions against employers who subject domestic workers to abusive practices or practices amounting to forced labour. The Committee recalls in this regard that Article 25 of the Convention requires Governments to ensure that penal sanctions are imposed for the exaction of forced labour. The Committee considers that the lack of sanctions imposed on employers, coupled with the challenges faced by migrant domestic workers in effectively lodging complaints and the lack of effective monitoring over conditions of work of domestic workers, may result both in migrant domestic workers being placed in situations of accrued vulnerability to forced labour, and victims of forced labour not being identified, recognized and protected as such. Underlining the importance of sufficiently dissuasive penalties being applied to those who impose forced labour practices, the Committee strongly urges the Government to take the necessary measures to investigate and prosecute employers who subject migrant domestic workers to practices amounting to forced labour. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of law enforcement bodies in this area, as well as on the number of cases of forced labour of migrant domestic workers investigated and prosecuted, and the number of convictions handed down and penalties imposed on the offending employers. Finally, the Committee requests the Government to take the necessary measures to ensure that the victims in such cases are adequately supported, rehabilitated and compensated.

While acknowledging the difficult situation prevailing in the country, the Committee notes with deep concern the lack of adequate protection for migrant domestic workers and urges the Government to take all necessary measures to ensure they benefit from the protection of the Convention. In this regard, the Committee trusts that the direct contacts mission requested by the Conference Committee will be carried out in the near future, and that it will help the Government to expedite its efforts to eliminate the forced labour practices faced by migrant domestic workers.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee recalls that section 586.2 of the Penal Code, introduced by the Act No. 164 of 2011 on the punishment for the crime of trafficking in persons, criminalizes trafficking in persons and establishes penalties of imprisonment of up to seven years and a fine. It previously requested the Government to provide information on the investigations and prosecutions related to cases of trafficking in persons, and the penalties applied to those convicted, as well as information on measures adopted in order to prevent trafficking in persons and ensure the protection of victims.

The Committee notes that, in its 2020 report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the Government indicates that the Ministry of Justice, in collaboration with the International Organization for Migration (IOM), has drawn up a draft law to eliminate loopholes from Act No. 164 of 2011, which was submitted to the Cabinet on 10 May 2018. It notes, in that regard, that the draft amendment to Act No. 164 of 2011 provides for the creation of a national commission to combat human trafficking and victim assistance and protection (CEDAW/C/LBN/6, 27 July 2020, paragraph 14 and Annex 1, p. 7). The Committee notes that training activities were organised, in collaboration with the IOM, in order to build capacity of the Human Trafficking Repression and Morals Protection Bureau within the Directorate General of Internal Security Forces on how to investigate cases of trafficking in persons and identify tools for specialized investigations. It also notes that, in its 2022 concluding observations, the CEDAW expressed specific concerns at the fact that hundreds of foreign women are recruited by traffickers every year (as many as 3,000 in 2019) through the “artist visa scheme” and subsequently forced into prostitution; and these women are prosecuted under section 523 of the Penal Code and deported if they are found to have engaged in prostitution despite being entitled to protection under Act No. 164 (CEDAW/C/LBN/CO/6, 1 March 2022, paragraph 27). The Committee requests the Government to provide information on the current status of the amendment process of the Act No. 164 of 2011 on the punishment for the crime of trafficking in persons, as well as a copy of the amended act once adopted. In the meantime, it requests the Government to provide information on the application of section 586.2 of the Penal Code in practice, including the number of investigations and prosecutions related to trafficking in persons, both for purposes of sexual or labour exploitation, as well as the nature of the penalties applied to perpetrators. The Committee also requests the Government to provide information on the activities of the Human Trafficking Repression and Morals Protection Bureau, as well as on the measures adopted in order to prevent trafficking in persons and ensure that all victims of trafficking, including those victims of forced prostitution, are provided with appropriate protection and assistance.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. The Committee previously noted that the Penal Code establishes various types of penalties which involve an obligation to work (sections 45 and 46). It also noted that, according to section 59 of the Decree No. 14310/K of 11 February 1949 on prison regulations, persons sentenced to detention or imprisonment may be required to work outside the prison only for activities of public utility and with their consent.

The Committee recalls that, according to Article 2(2)(c) of the Convention, work exacted from convicted persons does not constitute forced labour on condition that prisoners are not hired to or placed at the disposal of private entities. The Committee has considered in this regard that work by prisoners for private entities can be held compatible with the Convention only where the necessary safeguards exist in order to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee once again requests the Government to indicate whether the work required from prisoners, under sections 45 and 46 of the Penal Code and section 59 of the Decree No. 14310/K of 11 February 1949, may be performed for the benefit of private entities, and to indicate the guarantees provided in such a case. It also requests the Government to indicate whether prisoners placed in the system of probationary release may be requested to work for private entities (section 87 of the Penal Code).

[The Government is asked to reply in full to the present comments in 2023.]

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2018.

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers to conditions of forced labour. For a number of years, the Committee has been expressing concern about the situation of migrant domestic workers who are excluded from the protection of the Labour Law and have a legal status tied to a particular employer under the kafala (sponsorship) system, which places workers at risk of exploitation and makes it difficult for them to leave abusive employers. The Committee urged the Government to ensure that the Bill regulating the working conditions of migrant domestic workers be adopted in the very near future and to fully protect them from abusive practices and working conditions that amount to forced labour.

The Committee notes, from the observations made by the ITUC, that there are over 250,000 migrant domestic workers working in private households in Lebanon. The ITUC points out that, while the Government has formed a national steering committee on domestic work and discussed various draft policies covering migrant domestic workers, none was passed into law. Furthermore, the exclusion of domestic workers from labour legislation and social protection exacerbates the power imbalance between employer and employee created by the kafala system and their vulnerability to abuse, exploitation and forced labour. In that regard, the ITUC indicates that migrant domestic workers continue to report routine confiscation of their passports, long working hours, refusal by their employers to allow sufficient time off, forcible confinement to the workplace, poor living conditions, delayed or non-payment of wages, and verbal, physical and sexual abuse.

The Committee notes that a revised Standard Unified Contract (SUC) for the employment of domestic workers was adopted by the Ministry of Labour on 8 September 2020, which included new protections for domestic workers, such as the possibility to terminate their contract without the consent of their employer and other guarantees afforded to other workers, such as a 48-hour work week, a weekly rest day, overtime pay, sick pay, annual leave and the national minimum wage, with some permissible deductions for housing and food. It notes, however, that following a complaint made by the Syndicate of Owners of Recruitment Agencies before the administrative court, on 14 October 2020, the Shura Council (Council of State) decided to suspend the implementation of the SUC on the ground that it represented “severe damage” to the agencies’ interests.

In this regard, the Committee notes that, in their concluding observations, several United Nations treaty bodies expressed persistent concern about: (1) the suspension of the implementation of the revised SUC for migrant domestic workers; (2) the delay in the adoption of legislation to protect migrant domestic workers, who are mainly women from Africa and Asia; and (3) the situation of migrant domestic workers under the kafala system who are vulnerable to abusive working conditions, in particular delayed payment or even non-payment of wages, long working hours, denial of time off, withholding of their identity documents, forced confinement, bonded labour-type situations, and verbal, physical and sexual abuse, treatment that has intensified during the COVID-19 pandemic (CEDAW/C/LBN/CO/6, 1 March 2022, paragraph 49; CERD/C/LBN/CO/23-24, 1 September 2021, paragraph 24; and CCPR/C/LBN/CO/3, 9 May 2018, paragraph 39). In this regard, the Committee notes that, as recently highlighted by the ILO, the economic crisis faced by Lebanon combined with COVID-19 has exacerbated the socioeconomic precarity of women migrant domestic workers and their potential to be coerced into forced labour, in particular with regard to excessive working hours, unpaid wages, and being pushed into having an irregular legal status (ILO, Women Migrant Domestic Workers in Lebanon: A Gender Perspective, 2021, page 4).

While acknowledging the challenging circumstances currently faced by Lebanon, the Committee notes with deep concern that migrant domestic workers are still lacking adequate legal protection and continue to be subjected to abusive employer practices which might cause their employment to be transformed into situations that can amount to forced labour. The Committee therefore urges the Government to take the necessary measures, without delay, in order to provide migrant domestic workers with adequate legal protection, including by ensuring the effective implementation of the revised Standard Unified Contract and the adoption of the Bill regulating the working conditions of domestic workers, and to provide a copy of the legislation, once adopted. It requests the Government to provide information on any progress made in this regard, as well as on any legislative changes adopted or envisaged to review the kafala (sponsorship) system. The Committee also urges the Government to take the necessary measures to ensure that, in practice, migrant domestic workers who are victims of abusive practices and working conditions that amount to forced labour are provided with adequate protection and assistance as well as remedies. The Committee requests the Government to provide detailed information in this regard.

Article 25. Penal sanctions for the exaction of forced labour. The Committee previously noted several alleged obstacles faced by migrant domestic workers with regard to their access to justice, and urged the Government to take measures to ensure that employers who engage migrant domestic workers in situations amounting to forced labour are subject to really adequate and strictly enforced penalties. The Committee observed, in this regard, that section 569 of the Penal Code establishes penal sanctions against any individual who deprives another of their personal freedom, and that according to the information provided by the Government this section should apply to the exaction of forced labour.

The Committee notes that, in its observations, the ITUC points out the lack of accessible complaints mechanisms, lengthy judicial procedures and restrictive visa policies which dissuade many migrant domestic workers from filing or pursuing complaints against their employers. Even when migrant domestic workers file complaints, the police and judicial authorities regularly fail to treat abuses against domestic workers as crimes, and workers are often returned by the police to the employer that they sought to lodge a complaint against, or find themselves detained for not having legal residency status or because the employer has filed a counter-complaint against them for stealing. In the ITUC’s view, a major obstacle to migrant domestic workers’ access to justice is the limitations placed on their ability to remain in Lebanon after they have left their employer. As soon as a legal complaint is in process, the employer can terminate his or her sponsorship obligation rendering the migrant domestic worker an illegal resident.

The Committee also notes that, in their concluding observations, several United Nations treaty bodies expressed persistent concern about: (i) the fact that many migrant domestic workers are unaware of the remedies available to them in the event of a violation of their rights; (ii) the existence of barriers faced by migrant domestic workers when seeking to report abuses and the risk of imprisonment or deportation faced by migrant domestic workers who sue their employers, given the restrictive visa system; and (iii) the fact that perpetrators of violations go unpunished (CEDAW/C/LBN/CO/6, 1 March 2022, paragraph 15; CERD/C/LBN/CO/23-24, 1 September 2021, paragraph 26; and CCPR/C/LBN/CO/3, 9 May 2018, paragraph 39).

In this regard, the Committee recalls that, pursuant to Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, and when the envisaged sanction consists of a fine or a short prison sentence it cannot be considered as an effective penalty of a dissuasive nature in view of the gravity of the offence (see 2012 General Survey on the fundamental Conventions, paragraph 319). Emphasizing that it is crucial that appropriate criminal penalties are imposed on perpetrators so that recourse to forced labour practices does not go unpunished, the Committee urges the Government to take the necessary measures to ensure that: (i) migrant domestic workers have access to justice in the event of a violation of their rights and are protected against any measures of retaliation or deportation; and (ii) sufficiently dissuasive penalties are applied to employers who engage migrant domestic workers in situations amounting to forced labour. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of law enforcement bodies in this area, as well as on the number of cases of forced labour of migrant domestic workers investigated and prosecuted, the number of convictions handed down and the penalties imposed.

In light of the situation described above, the Committee notes with deep concern the repeated failure of the Government to respond to the Committee’s comments since 2018. The Committee must also express its deep concern that migrant domestic workers are not granted adequate legal protection and continue to be subjected to abusive employer practices, including delayed or non-payment of wages, withholding of their identity documents, denial of time off, forced confinement and verbal, physical and sexual abuse which might cause their employment to be transformed into forced labour situations. Lastly, the Committee observes the existence of barriers faced by migrant domestic workers when seeking to report abuses and the fact that the perpetrators of violations go unpunished. The Committee considers that this case meets the criteria set out in paragraph 114 of its General Report to be asked to come before the Conference.

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

[The Government is asked to supply full particulars to the Conference at its 111th Session and to reply in full to the present comments in 2023.]

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application in practice of Act No. 164 of 2011, punishing the crime of trafficking in persons.

The Committee notes the Government’s indication in its report that, during the period of 2014–15, 42 persons were identified as victims of trafficking in persons and a certain number of criminal cases were opened under Act No. 164 of 2011 against 67 traffickers for purposes of sexual and labour exploitation, and their trial is still ongoing. The Committee requests the Government to continue to provide information on the application in practice of Act No. 164 of 2011, including the prosecutions and convictions related to trafficking in persons, both for purposes of sexual or labour exploitation, as well as the specific penalties applied to those convicted. The Committee also requests the Government to provide information on any measures adopted in order to prevent trafficking in persons, as well as measures taken to ensure that victims of trafficking are provided with appropriate protection and services.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that according to section 59 of Decree No. 14310/K of 11 February 1949 on prison regulations, persons sentenced to detention or to imprisonment may be required to work outside the prison only for activities of public utility and with their consent. The Committee requested the Government to provide further clarification on work performed by prisoners for the benefit of private entities. The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (section 87 of the Penal Code).

The Committee notes the Government’s indication that it referred the question to the Penitentiary Directorate which could not provide any relevant information in this regard. The Committee recalls that, according to Article 2(2)(c) of the Convention, work by prisoners for private entities can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee once again requests the Government to provide information on the work performed by prisoners under section 59 of the 1949 Decree, indicating whether such work may be for the benefit of private entities, and the guarantees provided for in such a case. Referring to section 87 of the Penal Code, the Committee requests the Government to indicate the conditions under which prisoners work for private entities when placed in the system of probationary release.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2018 and requests the Government to provide its comments in this respect.

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers to conditions of forced labour. In its earlier comments, the Committee noted the observation of 2013 from the International Trade Union Confederation (ITUC), indicating that there are an estimated 200,000 migrant domestic workers employed in Lebanon. These workers are excluded from the protection of the Labour Law, have a legal status tied to a particular employer under the kafala (sponsorship) system, and legal redress is inaccessible to them. Moreover, they are subjected to various situations of exploitation, including delayed payment of wages, verbal, and sexual abuse. The Committee also requested the Government to take the necessary measures to ensure that the Bill regulating the working conditions of domestic workers, as well as the Standard Unified Contract (SUC) regulating their work are adopted in the very near future.

The Committee notes the Government’s indication in its report that, the Bill regulating the working conditions of domestic workers was drafted in conformity with Domestic Workers Convention, 2011 (No. 189), and the Bill has been submitted to the Council of Ministers for discussion. The Bill will provide a certain number of safeguards, including social security coverage; decent accommodation; the timely payment of wages through bank transfer; hours of work (eight hours per day); sick leave; and a day of rest. The Government also indicates that a Steering Committee has been established under the Ministry of Labour in order to deal with issues related to migrant domestic workers and is composed of relevant Ministerial Departments, representatives of the private recruitment agencies, NGOs, certain international organizations, as well as representatives of certain embassies. A representative from the ILO Decent Work Technical Support Team in Beirut is also participating in the Steering Committee.

Moreover, the Government indicates that the Ministry of Interior and the Ministry of Labour have taken a series of preventive measures, including awareness raising campaigns through the media; the establishment of a shelter “Beit al Aman” for migrant domestic workers who are facing difficulties in collaboration with Caritas; the appointment of social assistants who look into the working conditions of migrant domestic workers in their workplaces; the training of labour inspectors on decent working conditions; and the conclusion of a series of Memoranda of Understanding (MOUs) with sending countries, such as the Philippines, Ethiopia and Sri Lanka. The Government further states that the Ministry of Labour has set up a specialized office for complaints and a hotline to provide legal assistance to migrant domestic workers. Moreover, under the Recruitment Agencies of Migrant Domestic Workers Decree No. 1/168 of 2015, it is prohibited to impose recruitment fees on all workers.

The Committee further notes that in its 2015 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) welcomed the various measures adopted by the State party to protect the rights of women migrant domestic workers, including issuing unified contracts, requiring employers to sign up to an insurance policy, regulating employment agencies, adopting a law criminalizing trafficking in persons and integrating such workers into the social charter and the national strategy for social development. The CEDAW, however, expressed concern that the measures have proved insufficient to ensure respect for the human rights of those workers. The CEDAW is equally concerned about the rejection by the Ministry of Labour of the application by the National Federation of Labour Unions to establish a domestic workers’ union, the absence of an enforcement mechanism for the work contracts of women migrant domestic workers, limited access for those workers to health care and social protection and the non-ratification of the Domestic Workers Convention, 2011 (No. 189). The CEDAW was further concerned about the high incidence of abuse against women migrant domestic workers and the persistence of practices, such as the confiscation of passports by employers and the maintenance of the kafala system, which place workers at risk of exploitation and make it difficult for them to leave abusive employers. The CEDAW was deeply concerned about the disturbing documented reports of migrant domestic workers dying from unnatural causes, including suicides and falls from tall buildings, and about the failure of the State party to conduct investigations into those deaths (CEDAW/C/LBN/CO/4-5, paragraph 37).

While taking note of the measures taken by the Government, the Committee notes with concern that migrant domestic workers are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical abuse. Such practices might cause their employment to be transformed into situations that amount to forced labour. The Committee therefore urges the Government to strengthen its efforts to provide migrant domestic workers with an adequate legal protection, by ensuring that the Bill regulating the working conditions of domestic workers will be adopted in the very near future and to provide a copy of the legislation, once adopted. The Committee also urges the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and working conditions that amount to forced labour.

Article 25. Penal sanctions for the exaction of forced labour. In its earlier comments, the Committee noted that according to the ITUC’s information, it was found that a lack of accessible complaint mechanisms, lengthy judicial procedures, and restrictive visa policies dissuade many workers from filing or pursuing complaints against their employers. Even when workers file complaints, the police and judicial authorities regularly fail to treat certain abuses against domestic workers as crimes. The Committee also noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of their personal freedom, applies to the exaction of forced labour. It requested the Government to provide information on any legal proceedings which had been instituted on the basis of section 569 as applied to forced labour and on the penalties imposed.

The Committee further notes that in its 2015 concluding observations, the CEDAW observed that migrant domestic workers face obstacles with regard to their access to justice, including fear of expulsion and insecurity of residence.

The Committee notes the Government’s indication that the work of migrant domestic workers is regulated by the SUC and that the application of section 569 of the Penal Code is of the competency of the judiciary when a violation is detected. The Committee also notes copies of court decisions provided by the Government. It observes that the cases are related to non-payment of wages, harassment and working conditions of migrant domestic workers. In all cases employers have been sentenced to pay a monetary penalty to compensate the workers.

While noting this information, the Committee recalls that Article 25 of the Convention provides that the exaction of forced labour shall be punishable as a penal offence. The Committee therefore urges the Government to take the necessary measures to ensure that employers who engage migrant domestic workers in situations amounting to forced labour are subject to really adequate and strictly enforced penalties. It requests the Government to provide information on measures taken in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application in practice of Act No. 164 of 2011, punishing the crime of trafficking in persons.

The Committee notes the Government’s indication in its report that, during the period of 2014–15, 42 persons were identified as victims of trafficking in persons and a certain number of criminal cases were opened under Act No. 164 of 2011 against 67 traffickers for purposes of sexual and labour exploitation, and their trial is still ongoing. The Committee requests the Government to continue to provide information on the application in practice of Act No. 164 of 2011, including the prosecutions and convictions related to trafficking in persons, both for purposes of sexual or labour exploitation, as well as the specific penalties applied to those convicted. The Committee also requests the Government to provide information on any measures adopted in order to prevent trafficking in persons, as well as measures taken to ensure that victims of trafficking are provided with appropriate protection and services.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that according to section 59 of Decree No. 14310/K of 11 February 1949 on prison regulations, persons sentenced to detention or to imprisonment may be required to work outside the prison only for activities of public utility and with their consent. The Committee requested the Government to provide further clarification on work performed by prisoners for the benefit of private entities. The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (section 87 of the Penal Code).

The Committee notes the Government’s indication that it referred the question to the Penitentiary Directorate which could not provide any relevant information in this regard. The Committee recalls that, according to Article 2(2)(c) of the Convention, work by prisoners for private entities can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee once again requests the Government to provide information on the work performed by prisoners under section 59 of the 1949 Decree, indicating whether such work may be for the benefit of private entities, and the guarantees provided for in such a case. Referring to section 87 of the Penal Code, the Committee requests the Government to indicate the conditions under which prisoners work for private entities when placed in the system of probationary release.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2018 and requests the Government to provide its comments in this respect.

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers to conditions of forced labour. In its earlier comments, the Committee noted the observation of 2013 from the International Trade Union Confederation (ITUC), indicating that there are an estimated 200,000 migrant domestic workers employed in Lebanon. These workers are excluded from the protection of the Labour Law, have a legal status tied to a particular employer under the kafala (sponsorship) system, and legal redress is inaccessible to them. Moreover, they are subjected to various situations of exploitation, including delayed payment of wages, verbal, and sexual abuse. The Committee also requested the Government to take the necessary measures to ensure that the Bill regulating the working conditions of domestic workers, as well as the Standard Unified Contract (SUC) regulating their work are adopted in the very near future.

The Committee notes the Government’s indication in its report that, the Bill regulating the working conditions of domestic workers was drafted in conformity with Domestic Workers Convention, 2011 (No. 189), and the Bill has been submitted to the Council of Ministers for discussion. The Bill will provide a certain number of safeguards, including social security coverage; decent accommodation; the timely payment of wages through bank transfer; hours of work (eight hours per day); sick leave; and a day of rest. The Government also indicates that a Steering Committee has been established under the Ministry of Labour in order to deal with issues related to migrant domestic workers and is composed of relevant Ministerial Departments, representatives of the private recruitment agencies, NGOs, certain international organizations, as well as representatives of certain embassies. A representative from the ILO Decent Work Technical Support Team in Beirut is also participating in the Steering Committee.

Moreover, the Government indicates that the Ministry of Interior and the Ministry of Labour have taken a series of preventive measures, including awareness raising campaigns through the media; the establishment of a shelter “Beit al Aman” for migrant domestic workers who are facing difficulties in collaboration with Caritas; the appointment of social assistants who look into the working conditions of migrant domestic workers in their workplaces; the training of labour inspectors on decent working conditions; and the conclusion of a series of Memoranda of Understanding (MOUs) with sending countries, such as the Philippines, Ethiopia and Sri Lanka. The Government further states that the Ministry of Labour has set up a specialized office for complaints and a hotline to provide legal assistance to migrant domestic workers. Moreover, under the Recruitment Agencies of Migrant Domestic Workers Decree No. 1/168 of 2015, it is prohibited to impose recruitment fees on all workers.

The Committee further notes that in its 2015 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) welcomed the various measures adopted by the State party to protect the rights of women migrant domestic workers, including issuing unified contracts, requiring employers to sign up to an insurance policy, regulating employment agencies, adopting a law criminalizing trafficking in persons and integrating such workers into the social charter and the national strategy for social development. The CEDAW, however, expressed concern that the measures have proved insufficient to ensure respect for the human rights of those workers. The CEDAW is equally concerned about the rejection by the Ministry of Labour of the application by the National Federation of Labour Unions to establish a domestic workers’ union, the absence of an enforcement mechanism for the work contracts of women migrant domestic workers, limited access for those workers to health care and social protection and the non-ratification of the Domestic Workers Convention, 2011 (No. 189). The CEDAW was further concerned about the high incidence of abuse against women migrant domestic workers and the persistence of practices, such as the confiscation of passports by employers and the maintenance of the kafala system, which place workers at risk of exploitation and make it difficult for them to leave abusive employers. The CEDAW was deeply concerned about the disturbing documented reports of migrant domestic workers dying from unnatural causes, including suicides and falls from tall buildings, and about the failure of the State party to conduct investigations into those deaths (CEDAW/C/LBN/CO/4-5, paragraph 37).

While taking note of the measures taken by the Government, the Committee notes with concern that migrant domestic workers are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical abuse. Such practices might cause their employment to be transformed into situations that amount to forced labour. The Committee therefore urges the Government to strengthen its efforts to provide migrant domestic workers with an adequate legal protection, by ensuring that the Bill regulating the working conditions of domestic workers will be adopted in the very near future and to provide a copy of the legislation, once adopted. The Committee also urges the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and working conditions that amount to forced labour.

Article 25. Penal sanctions for the exaction of forced labour. In its earlier comments, the Committee noted that according to the ITUC’s information, it was found that a lack of accessible complaint mechanisms, lengthy judicial procedures, and restrictive visa policies dissuade many workers from filing or pursuing complaints against their employers. Even when workers file complaints, the police and judicial authorities regularly fail to treat certain abuses against domestic workers as crimes. The Committee also noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of their personal freedom, applies to the exaction of forced labour. It requested the Government to provide information on any legal proceedings which had been instituted on the basis of section 569 as applied to forced labour and on the penalties imposed.

The Committee further notes that in its 2015 concluding observations, the CEDAW observed that migrant domestic workers face obstacles with regard to their access to justice, including fear of expulsion and insecurity of residence.

The Committee notes the Government’s indication that the work of migrant domestic workers is regulated by the SUC and that the application of section 569 of the Penal Code is of the competency of the judiciary when a violation is detected. The Committee also notes copies of court decisions provided by the Government. It observes that the cases are related to non-payment of wages, harassment and working conditions of migrant domestic workers. In all cases employers have been sentenced to pay a monetary penalty to compensate the workers.

While noting this information, the Committee recalls that Article 25 of the Convention provides that the exaction of forced labour shall be punishable as a penal offence. The Committee therefore urges the Government to take the necessary measures to ensure that employers who engage migrant domestic workers in situations amounting to forced labour are subject to really adequate and strictly enforced penalties. It requests the Government to provide information on measures taken in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application in practice of Act No. 164 of 2011, punishing the crime of trafficking in persons.

The Committee notes the Government’s indication in its report that, during the period of 2014–15, 42 persons were identified as victims of trafficking in persons and a certain number of criminal cases were opened under Act No. 164 of 2011 against 67 traffickers for purposes of sexual and labour exploitation, and their trial is still ongoing. The Committee requests the Government to continue to provide information on the application in practice of Act No. 164 of 2011, including the prosecutions and convictions related to trafficking in persons, both for purposes of sexual or labour exploitation, as well as the specific penalties applied to those convicted. The Committee also requests the Government to provide information on any measures adopted in order to prevent trafficking in persons, as well as measures taken to ensure that victims of trafficking are provided with appropriate protection and services.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that according to section 59 of Decree No. 14310/K of 11 February 1949 on prison regulations, persons sentenced to detention or to imprisonment may be required to work outside the prison only for activities of public utility and with their consent. The Committee requested the Government to provide further clarification on work performed by prisoners for the benefit of private entities. The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (section 87 of the Penal Code).

The Committee notes the Government’s indication that it referred the question to the Penitentiary Directorate which could not provide any relevant information in this regard. The Committee recalls that, according to Article 2(2)(c) of the Convention, work by prisoners for private entities can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee once again requests the Government to provide information on the work performed by prisoners under section 59 of the 1949 Decree, indicating whether such work may be for the benefit of private entities, and the guarantees provided for in such a case. Referring to section 87 of the Penal Code, the Committee requests the Government to indicate the conditions under which prisoners work for private entities when placed in the system of probationary release.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers to conditions of forced labour. In its earlier comments, the Committee noted the observation of 2013 from the International Trade Union Confederation (ITUC), indicating that there are an estimated 200,000 migrant domestic workers employed in Lebanon. These workers are excluded from the protection of the Labour Law, have a legal status tied to a particular employer under the kafala (sponsorship) system, and legal redress is inaccessible to them. Moreover, they are subjected to various situations of exploitation, including delayed payment of wages, verbal, and sexual abuse. The Committee also requested the Government to take the necessary measures to ensure that the Bill regulating the working conditions of domestic workers, as well as the Standard Unified Contract (SUC) regulating their work are adopted in the very near future.

The Committee notes the Government’s indication in its report that, the Bill regulating the working conditions of domestic workers was drafted in conformity with Domestic Workers Convention, 2011 (No. 189), and the Bill has been submitted to the Council of Ministers for discussion. The Bill will provide a certain number of safeguards, including social security coverage; decent accommodation; the timely payment of wages through bank transfer; hours of work (eight hours per day); sick leave; and a day of rest. The Government also indicates that a Steering Committee has been established under the Ministry of Labour in order to deal with issues related to migrant domestic workers and is composed of relevant Ministerial Departments, representatives of the private recruitment agencies, NGOs, certain international organizations, as well as representatives of certain embassies. A representative from the ILO Decent Work Technical Support Team in Beirut is also participating in the Steering Committee.

Moreover, the Government indicates that the Ministry of Interior and the Ministry of Labour have taken a series of preventive measures, including awareness raising campaigns through the media; the establishment of a shelter “Beit al Aman” for migrant domestic workers who are facing difficulties in collaboration with Caritas; the appointment of social assistants who look into the working conditions of migrant domestic workers in their workplaces; the training of labour inspectors on decent working conditions; and the conclusion of a series of Memoranda of Understanding (MOUs) with sending countries, such as the Philippines, Ethiopia and Sri Lanka. The Government further states that the Ministry of Labour has set up a specialized office for complaints and a hotline to provide legal assistance to migrant domestic workers. Moreover, under the Recruitment Agencies of Migrant Domestic Workers Decree No. 1/168 of 2015, it is prohibited to impose recruitment fees on all workers.

The Committee further notes that in its 2015 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) welcomed the various measures adopted by the State party to protect the rights of women migrant domestic workers, including issuing unified contracts, requiring employers to sign up to an insurance policy, regulating employment agencies, adopting a law criminalizing trafficking in persons and integrating such workers into the social charter and the national strategy for social development. The CEDAW, however, expressed concern that the measures have proved insufficient to ensure respect for the human rights of those workers. The CEDAW is equally concerned about the rejection by the Ministry of Labour of the application by the National Federation of Labour Unions to establish a domestic workers’ union, the absence of an enforcement mechanism for the work contracts of women migrant domestic workers, limited access for those workers to health care and social protection and the non-ratification of the Domestic Workers Convention, 2011 (No. 189). The CEDAW was further concerned about the high incidence of abuse against women migrant domestic workers and the persistence of practices, such as the confiscation of passports by employers and the maintenance of the kafala system, which place workers at risk of exploitation and make it difficult for them to leave abusive employers. The CEDAW was deeply concerned about the disturbing documented reports of migrant domestic workers dying from unnatural causes, including suicides and falls from tall buildings, and about the failure of the State party to conduct investigations into those deaths (CEDAW/C/LBN/CO/4-5, paragraph 37).

While taking note of the measures taken by the Government, the Committee notes with concern that migrant domestic workers are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical abuse. Such practices might cause their employment to be transformed into situations that amount to forced labour. The Committee therefore urges the Government to strengthen its efforts to provide migrant domestic workers with an adequate legal protection, by ensuring that the Bill regulating the working conditions of domestic workers will be adopted in the very near future and to provide a copy of the legislation, once adopted. The Committee also urges the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and working conditions that amount to forced labour.

Article 25. Penal sanctions for the exaction of forced labour. In its earlier comments, the Committee noted that according to the ITUC’s information, it was found that a lack of accessible complaint mechanisms, lengthy judicial procedures, and restrictive visa policies dissuade many workers from filing or pursuing complaints against their employers. Even when workers file complaints, the police and judicial authorities regularly fail to treat certain abuses against domestic workers as crimes. The Committee also noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of their personal freedom, applies to the exaction of forced labour. It requested the Government to provide information on any legal proceedings which had been instituted on the basis of section 569 as applied to forced labour and on the penalties imposed.

The Committee further notes that in its 2015 concluding observations, the CEDAW observed that migrant domestic workers face obstacles with regard to their access to justice, including fear of expulsion and insecurity of residence.

The Committee notes the Government’s indication that the work of migrant domestic workers is regulated by the SUC and that the application of section 569 of the Penal Code is of the competency of the judiciary when a violation is detected. The Committee also notes copies of court decisions provided by the Government. It observes that the cases are related to non-payment of wages, harassment and working conditions of migrant domestic workers. In all cases employers have been sentenced to pay a monetary penalty to compensate the workers.

While noting this information, the Committee recalls that Article 25 of the Convention provides that the exaction of forced labour shall be punishable as a penal offence. The Committee therefore urges the Government to take the necessary measures to ensure that employers who engage migrant domestic workers in situations amounting to forced labour are subject to really adequate and strictly enforced penalties. It requests the Government to provide information on measures taken in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application in practice of Act No. 164 of 2011, punishing the crime of trafficking in persons.

The Committee notes the Government’s indication in its report that, during the period of 2014–15, 42 persons were identified as victims of trafficking in persons and a certain number of criminal cases were opened under Act No. 164 of 2011 against 67 traffickers for purposes of sexual and labour exploitation, and their trial is still ongoing. The Committee requests the Government to continue to provide information on the application in practice of Act No. 164 of 2011, including the prosecutions and convictions related to trafficking in persons, both for purposes of sexual or labour exploitation, as well as the specific penalties applied to those convicted. The Committee also requests the Government to provide information on any measures adopted in order to prevent trafficking in persons, as well as measures taken to ensure that victims of trafficking are provided with appropriate protection and services.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that according to section 59 of Decree No. 14310/K of 11 February 1949 on prison regulations, persons sentenced to detention or to imprisonment may be required to work outside the prison only for activities of public utility and with their consent. The Committee requested the Government to provide further clarification on work performed by prisoners for the benefit of private entities. The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (section 87 of the Penal Code).

The Committee notes the Government’s indication that it referred the question to the Penitentiary Directorate which could not provide any relevant information in this regard. The Committee recalls that, according to Article 2(2)(c) of the Convention, work by prisoners for private entities can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee once again requests the Government to provide information on the work performed by prisoners under section 59 of the 1949 Decree, indicating whether such work may be for the benefit of private entities, and the guarantees provided for in such a case. Referring to section 87 of the Penal Code, the Committee requests the Government to indicate the conditions under which prisoners work for private entities when placed in the system of probationary release.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2018 and requests the Government to provide its comments in this respect. The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers to conditions of forced labour. In its earlier comments, the Committee noted the observation of 2013 from the International Trade Union Confederation (ITUC), indicating that there are an estimated 200,000 migrant domestic workers employed in Lebanon. These workers are excluded from the protection of the Labour Law, have a legal status tied to a particular employer under the kafala (sponsorship) system, and legal redress is inaccessible to them. Moreover, they are subjected to various situations of exploitation, including delayed payment of wages, verbal, and sexual abuse. The Committee also requested the Government to take the necessary measures to ensure that the Bill regulating the working conditions of domestic workers, as well as the Standard Unified Contract (SUC) regulating their work are adopted in the very near future.

The Committee notes the Government’s indication in its report that, the Bill regulating the working conditions of domestic workers was drafted in conformity with Domestic Workers Convention, 2011 (No. 189), and the Bill has been submitted to the Council of Ministers for discussion. The Bill will provide a certain number of safeguards, including social security coverage; decent accommodation; the timely payment of wages through bank transfer; hours of work (eight hours per day); sick leave; and a day of rest. The Government also indicates that a Steering Committee has been established under the Ministry of Labour in order to deal with issues related to migrant domestic workers and is composed of relevant Ministerial Departments, representatives of the private recruitment agencies, NGOs, certain international organizations, as well as representatives of certain embassies. A representative from the ILO Decent Work Technical Support Team in Beirut is also participating in the Steering Committee.

Moreover, the Government indicates that the Ministry of Interior and the Ministry of Labour have taken a series of preventive measures, including awareness raising campaigns through the media; the establishment of a shelter “Beit al Aman” for migrant domestic workers who are facing difficulties in collaboration with Caritas; the appointment of social assistants who look into the working conditions of migrant domestic workers in their workplaces; the training of labour inspectors on decent working conditions; and the conclusion of a series of Memoranda of Understanding (MOUs) with sending countries, such as the Philippines, Ethiopia and Sri Lanka. The Government further states that the Ministry of Labour has set up a specialized office for complaints and a hotline to provide legal assistance to migrant domestic workers. Moreover, under the Recruitment Agencies of Migrant Domestic Workers Decree No. 1/168 of 2015, it is prohibited to impose recruitment fees on all workers.

The Committee further notes that in its 2015 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) welcomed the various measures adopted by the State party to protect the rights of women migrant domestic workers, including issuing unified contracts, requiring employers to sign up to an insurance policy, regulating employment agencies, adopting a law criminalizing trafficking in persons and integrating such workers into the social charter and the national strategy for social development. The CEDAW, however, expressed concern that the measures have proved insufficient to ensure respect for the human rights of those workers. The CEDAW is equally concerned about the rejection by the Ministry of Labour of the application by the National Federation of Labour Unions to establish a domestic workers’ union, the absence of an enforcement mechanism for the work contracts of women migrant domestic workers, limited access for those workers to health care and social protection and the non-ratification of the Domestic Workers Convention, 2011 (No. 189). The CEDAW was further concerned about the high incidence of abuse against women migrant domestic workers and the persistence of practices, such as the confiscation of passports by employers and the maintenance of the kafala system, which place workers at risk of exploitation and make it difficult for them to leave abusive employers. The CEDAW was deeply concerned about the disturbing documented reports of migrant domestic workers dying from unnatural causes, including suicides and falls from tall buildings, and about the failure of the State party to conduct investigations into those deaths (CEDAW/C/LBN/CO/4-5, paragraph 37).

While taking note of the measures taken by the Government, the Committee notes with concern that migrant domestic workers are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical abuse. Such practices might cause their employment to be transformed into situations that amount to forced labour. The Committee therefore urges the Government to strengthen its efforts to provide migrant domestic workers with an adequate legal protection, by ensuring that the Bill regulating the working conditions of domestic workers will be adopted in the very near future and to provide a copy of the legislation, once adopted. The Committee also urges the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and working conditions that amount to forced labour.

Article 25. Penal sanctions for the exaction of forced labour. In its earlier comments, the Committee noted that according to the ITUC’s information, it was found that a lack of accessible complaint mechanisms, lengthy judicial procedures, and restrictive visa policies dissuade many workers from filing or pursuing complaints against their employers. Even when workers file complaints, the police and judicial authorities regularly fail to treat certain abuses against domestic workers as crimes. The Committee also noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of their personal freedom, applies to the exaction of forced labour. It requested the Government to provide information on any legal proceedings which had been instituted on the basis of section 569 as applied to forced labour and on the penalties imposed.

The Committee further notes that in its 2015 concluding observations, the CEDAW observed that migrant domestic workers face obstacles with regard to their access to justice, including fear of expulsion and insecurity of residence.

The Committee notes the Government’s indication that the work of migrant domestic workers is regulated by the SUC and that the application of section 569 of the Penal Code is of the competency of the judiciary when a violation is detected. The Committee also notes copies of court decisions provided by the Government. It observes that the cases are related to non-payment of wages, harassment and working conditions of migrant domestic workers. In all cases employers have been sentenced to pay a monetary penalty to compensate the workers.

While noting this information, the Committee recalls that Article 25 of the Convention provides that the exaction of forced labour shall be punishable as a penal offence. The Committee therefore urges the Government to take the necessary measures to ensure that employers who engage migrant domestic workers in situations amounting to forced labour are subject to really adequate and strictly enforced penalties. It requests the Government to provide information on measures taken in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the application in practice of Act No. 164 of 2011, punishing the crime of trafficking in persons.

The Committee notes the Government’s indication in its report that, during the period of 2014–15, 42 persons were identified as victims of trafficking in persons and a certain number of criminal cases were opened under Act No. 164 of 2011 against 67 traffickers for purposes of sexual and labour exploitation, and their trial is still ongoing. The Committee requests the Government to continue to provide information on the application in practice of Act No. 164 of 2011, including the prosecutions and convictions related to trafficking in persons, both for purposes of sexual or labour exploitation, as well as the specific penalties applied to those convicted. The Committee also requests the Government to provide information on any measures adopted in order to prevent trafficking in persons, as well as measures taken to ensure that victims of trafficking are provided with appropriate protection and services.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that according to section 59 of Decree No. 14310/K of 11 February 1949 on prison regulations, persons sentenced to detention or to imprisonment may be required to work outside the prison only for activities of public utility and with their consent. The Committee requested the Government to provide further clarification on work performed by prisoners for the benefit of private entities. The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (section 87 of the Penal Code).

The Committee notes the Government’s indication that it referred the question to the Penitentiary Directorate which could not provide any relevant information in this regard. The Committee recalls that, according to Article 2(2)(c) of the Convention, work by prisoners for private entities can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee once again requests the Government to provide information on the work performed by prisoners under section 59 of the 1949 Decree, indicating whether such work may be for the benefit of private entities, and the guarantees provided for in such a case. Referring to section 87 of the Penal Code, the Committee requests the Government to indicate the conditions under which prisoners work for private entities when placed in the system of probationary release.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers to conditions of forced labour. In its earlier comments, the Committee noted the observation of 2013 from the International Trade Union Confederation (ITUC), indicating that there are an estimated 200,000 migrant domestic workers employed in Lebanon. These workers are excluded from the protection of the Labour Law, have a legal status tied to a particular employer under the kafala (sponsorship) system, and legal redress is inaccessible to them. Moreover, they are subjected to various situations of exploitation, including delayed payment of wages, verbal, and sexual abuse. The Committee also requested the Government to take the necessary measures to ensure that the Bill regulating the working conditions of domestic workers, as well as the Standard Unified Contract (SUC) regulating their work are adopted in the very near future.

The Committee notes the Government’s indication in its report that, the Bill regulating the working conditions of domestic workers was drafted in conformity with Domestic Workers Convention, 2011 (No. 189), and the Bill has been submitted to the Council of Ministers for discussion. The Bill will provide a certain number of safeguards, including social security coverage; decent accommodation; the timely payment of wages through bank transfer; hours of work (eight hours per day); sick leave; and a day of rest. The Government also indicates that a Steering Committee has been established under the Ministry of Labour in order to deal with issues related to migrant domestic workers and is composed of relevant Ministerial Departments, representatives of the private recruitment agencies, NGOs, certain international organizations, as well as representatives of certain embassies. A representative from the ILO Decent Work Technical Support Team in Beirut is also participating in the Steering Committee.

Moreover, the Government indicates that the Ministry of Interior and the Ministry of Labour have taken a series of preventive measures, including awareness raising campaigns through the media; the establishment of a shelter “Beit al Aman” for migrant domestic workers who are facing difficulties in collaboration with Caritas; the appointment of social assistants who look into the working conditions of migrant domestic workers in their workplaces; the training of labour inspectors on decent working conditions; and the conclusion of a series of Memoranda of Understanding (MOUs) with sending countries, such as the Philippines, Ethiopia and Sri Lanka. The Government further states that the Ministry of Labour has set up a specialized office for complaints and a hotline to provide legal assistance to migrant domestic workers. Moreover, under the Recruitment Agencies of Migrant Domestic Workers Decree No. 1/168 of 2015, it is prohibited to impose recruitment fees on all workers.

The Committee further notes that in its 2015 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) welcomed the various measures adopted by the State party to protect the rights of women migrant domestic workers, including issuing unified contracts, requiring employers to sign up to an insurance policy, regulating employment agencies, adopting a law criminalizing trafficking in persons and integrating such workers into the social charter and the national strategy for social development. The CEDAW, however, expressed concern that the measures have proved insufficient to ensure respect for the human rights of those workers. The CEDAW is equally concerned about the rejection by the Ministry of Labour of the application by the National Federation of Labour Unions to establish a domestic workers’ union, the absence of an enforcement mechanism for the work contracts of women migrant domestic workers, limited access for those workers to health care and social protection and the non-ratification of the Domestic Workers Convention, 2011 (No. 189). The CEDAW was further concerned about the high incidence of abuse against women migrant domestic workers and the persistence of practices, such as the confiscation of passports by employers and the maintenance of the kafala system, which place workers at risk of exploitation and make it difficult for them to leave abusive employers. The CEDAW was deeply concerned about the disturbing documented reports of migrant domestic workers dying from unnatural causes, including suicides and falls from tall buildings, and about the failure of the State party to conduct investigations into those deaths (CEDAW/C/LBN/CO/4-5, paragraph 37).

While taking note of the measures taken by the Government, the Committee notes with concern that migrant domestic workers are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical abuse. Such practices might cause their employment to be transformed into situations that amount to forced labour. The Committee therefore urges the Government to strengthen its efforts to provide migrant domestic workers with an adequate legal protection, by ensuring that the Bill regulating the working conditions of domestic workers will be adopted in the very near future and to provide a copy of the legislation, once adopted. The Committee also urges the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and working conditions that amount to forced labour.

Article 25. Penal sanctions for the exaction of forced labour. In its earlier comments, the Committee noted that according to the ITUC’s information, it was found that a lack of accessible complaint mechanisms, lengthy judicial procedures, and restrictive visa policies dissuade many workers from filing or pursuing complaints against their employers. Even when workers file complaints, the police and judicial authorities regularly fail to treat certain abuses against domestic workers as crimes. The Committee also noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of their personal freedom, applies to the exaction of forced labour. It requested the Government to provide information on any legal proceedings which had been instituted on the basis of section 569 as applied to forced labour and on the penalties imposed.

The Committee further notes that in its 2015 concluding observations, the CEDAW observed that migrant domestic workers face obstacles with regard to their access to justice, including fear of expulsion and insecurity of residence.

The Committee notes the Government’s indication that the work of migrant domestic workers is regulated by the SUC and that the application of section 569 of the Penal Code is of the competency of the judiciary when a violation is detected. The Committee also notes copies of court decisions provided by the Government. It observes that the cases are related to non-payment of wages, harassment and working conditions of migrant domestic workers. In all cases employers have been sentenced to pay a monetary penalty to compensate the workers.

While noting this information, the Committee recalls that Article 25 of the Convention provides that the exaction of forced labour shall be punishable as a penal offence. The Committee therefore urges the Government to take the necessary measures to ensure that employers who engage migrant domestic workers in situations amounting to forced labour are subject to really adequate and strictly enforced penalties. It requests the Government to provide information on measures taken in this regard.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes due note of the promulgation of Act No. 164 of 24 August 2011 adding a chapter into the Penal Code on trafficking in persons. By virtue of section 586.2(2) of the Penal Code, as amended, the crime of trafficking is punishable by a sentence of imprisonment of seven years and payment of a fine, if the actions of trafficking were carried out by using deception, violence, harsh acts or threats. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 8 April 2008 expressed concern that the trafficking of women and girls is growing in Lebanon and at the lack of systematic data collection on this phenomenon (CEDAW/C/LBN/CO/3, paragraph 28). The Committee requests the Government to provide information concerning the application of Act No. 164 of 2011 in practice, particularly the number of investigations, prosecutions, convictions and the penalties applied.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee requested the Government to provide more detailed information on prisoners’ work outside prisons. The Committee also requested the Government to provide information on the conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (section 87 of the Penal Code).

The Committee notes the Government’s indication that according to section 59 of Decree No. 14310/K of 11 February 1949 pertaining to prison regulations, persons sentenced to detention or to imprisonment may be required to work outside the prison only for activities of public utility and with their consent.

Noting this information, the Committee requests the Government to indicate whether the work performed by the prisoners for activities of public utility may be for the benefit of private individuals, companies or associations. With reference to section 87 of the Penal Code, the Committee requests the Government to indicate the conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Vulnerability of migrant domestic workers and the exaction of forced labour. The Committee previously took note of the bill regulating the working conditions of domestic workers. It requested the Government to take the necessary measures to ensure that the abovementioned bill was adopted in the very near future.

The Committee notes the communication from the International Trade Union Confederation (ITUC) dated 21 August 2013, that there are an estimated 200,000 migrant domestic workers employed in Lebanon, the majority of whom are women from African and Asian countries. The ITUC also points out that domestic workers are excluded from the protection of the Labour Law, have a legal status tied to a particular employer under the kafala (sponsorship) system, and legal redress is inaccessible to them. Furthermore, the ITUC provides certain examples in which migrant domestic workers are subjected to various situations of exploitation, including delayed payment of wages, verbal, and sexual abuse. They also experience poor living conditions, such as lack of a separate bedroom and inadequate food. However, the ITUC indicates that in 2009 the Ministry of Labour, in cooperation with the Office of the High Commissioner for Human Rights and the ILO released a Standard Unified Contract (SUC) for migrant domestic workers. A revised SUC has been drafted with the technical support of the ILO.

The Committee notes the Government’s indication that the guiding manual for domestic workers has been finalized and it is awaiting translation through the ILO Office in Beirut. With reference to Order No.1/1 of 3 January 2011 regulating the work of the recruitment agencies of female foreign workers, the Government states that there is ongoing collaboration between the Ministry of Labour, the Syndicate of Owners of Recruitment Agencies and the ILO in order to follow up on the implementation of a code of conduct for the Syndicate in addition to ongoing discussion with respect to a new legislative framework which regulates the work of such agencies. Moreover, the Government indicates that a SUC regulating the work of migrant domestic workers has been developed in collaboration with the ILO.

Furthermore, the Committee notes that Lebanon is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project. This technical assistance resulted in the development of action plans to concretely address the comments of the Committee. In this regard, the Committee notes that the adoption of the previous draft law regulating the work of migrant domestic workers of 2009 has been suspended, due to several ministerial changes over the past four years, and that a new SUC has however been drafted with the technical support of the ILO and seems to have the approval of the Government and the social partners. The SUC is planned to be adopted within a year. The Committee notes that the SUC fills a few legislative gaps in the regulations related to the work of domestic workers. It also provides a minimum safeguard against forced labour pending the adoption of a special law regulating migrant domestic workers. Regarding the Bill regulating the working conditions of migrant domestic workers, it has been referred to the General Secretariat of the Presidency of the Council of Ministers for submission to the Council of Ministers, and subsequently, to Parliament for discussion.

The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour.

The Committee observes that the Government appears to be taking a certain number of legislative and practical measures to prevent the exploitation of migrant domestic workers. The Committee therefore urges the Government to continue to take measures to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. In this regard, the Committee expresses the firm hope that the Bill regulating the working conditions of migrant domestic workers, as well as the SUC regulating their work will be adopted in the near future and that they will provide adequate protection for this category of workers. The Committee requests the Government to provide information on the progress made in this respect.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of their personal freedom, applies to the exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions. The Committee also noted that section 8(3)(a) of Decree No. 3855 of 1 September 1972 provides that it shall be forbidden to impose forced or compulsory labour on any person, and sought information on any criminal penalties which may be imposed under this provision.

In this regard, the Committee notes the allegations in the ITUC’s communication that it was found that a lack of accessible complaint mechanisms, lengthy judicial procedures, and restrictive visa policies dissuade many workers from filing or pursuing complaints against their employers. Even when workers file complaints, the police and judicial authorities regularly fail to treat certain abuses against domestic workers as crimes. Moreover, no single example was found among the cases in which an employer faced charges for locking workers inside homes, confiscating their passports or denying them food. In all cases reviewed, sentences were found to be very lenient compared to the offence. In 2009, a criminal court sentenced an employer to imprisonment for repeatedly beating a Filipina domestic worker. However the sentence was only 15 days.

The Committee notes the Government’s indication that although there is no specific provision in the national legislation punishing the exaction of forced labour, the judges may refer to section 569 of the Penal Code for such cases. However, no information is available on any legal proceedings instituted for the violation of both section 569 of the Penal Code and section 8(3)(a) of Decree No. 3855 of 1 September 1972 stipulating the prohibition on recourse to forced labour. The Committee urges the Government to ensure that sufficiently adequate and dissuasive penalties are applied to persons who subject these workers to conditions of forced labour. It asks the Government to supply copies of relevant court decisions, illustrating the penalties imposed in accordance with section 569 of the Penal Code, so as to enable the Committee to assess whether the penalties applied are really adequate and sufficiently dissuasive.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes due note of the promulgation of Act No. 164 of 24 August 2011 adding a chapter into the Penal Code on trafficking in persons. By virtue of section 586.2(2) of the Penal Code, as amended, the crime of trafficking is punishable by a sentence of imprisonment of seven years and payment of a fine, if the actions of trafficking were carried out by using deception, violence, harsh acts or threats. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 8 April 2008 expressed concern that the trafficking of women and girls is growing in Lebanon and at the lack of systematic data collection on this phenomenon (CEDAW/C/LBN/CO/3, paragraph 28). The Committee requests the Government to provide, in its next report, information concerning the application of Act No. 164 of 2011 in practice, particularly the number of investigations, prosecutions, convictions and the penalties applied.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee requested the Government to provide more detailed information on prisoners’ work outside prisons. The Committee also requested the Government to provide information on the conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (section 87 of the Penal Code).

The Committee notes the Government’s indication that according to section 59 of Decree No. 14310/K of 11 February 1949 pertaining to prison regulations, persons sentenced to detention or to imprisonment may be required to work outside the prison only for activities of public utility and with their consent.

Noting this information, the Committee requests the Government to indicate whether the work performed by the prisoners for activities of public utility may be for the benefit of private individuals, companies or associations. With reference to section 87 of the Penal Code, the Committee requests the Government to indicate the conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release.

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

The Committee notes the communication from the International Trade Union Confederation (ITUC) dated 21 August 2013, as well as the Government’s report.

Articles 1(1) and 2(1) of the Convention Vulnerability of migrant domestic workers and the exaction of forced labour. The Committee previously took note of the Bill regulating the working conditions of domestic workers. It requested the Government to take the necessary measures to ensure that the abovementioned Bill was adopted in the very near future.

The Committee notes the statement in the ITUC’s communication that there are an estimated 200,000 migrant domestic workers employed in Lebanon, the majority of whom are women from African and Asian countries. The ITUC also points out that domestic workers are excluded from the protection of the Labour Law, have a legal status tied to a particular employer under the kafala (sponsorship) system, and legal redress is inaccessible to them. Furthermore, the ITUC provides certain examples in which migrant domestic workers are subjected to various situations of exploitation, including delayed payment of wages, verbal, and sexual abuse. They also experience poor living conditions, such as lack of a separate bedroom and inadequate food. However, the ITUC indicates that in 2009 the Ministry of Labour, in cooperation with the Office of the High Commissioner for Human Rights and the ILO released a Standard Unified Contract (SUC) for migrant domestic workers. A revised SUC has been drafted with the technical support of the ILO.

The Committee notes the Government’s indication that the guiding manual for domestic workers has been finalized and it is awaiting translation through the ILO Office in Beirut. With reference to Order No.1/1 of 3 January 2011 regulating the work of the recruitment agencies of female foreign workers, the Government states that there is ongoing collaboration between the Ministry of Labour, the Syndicate of Owners of Recruitment Agencies and the ILO in order to follow up on the implementation of a code of conduct for the Syndicate in addition to ongoing discussion with respect to a new legislative framework which regulates the work of such agencies. Moreover, the Government indicates that a SUC regulating the work of migrant domestic workers has been developed in collaboration with the ILO.

Furthermore, the Committee notes that Lebanon is participating in a ILO technical assistance programme, the Special Programme Account (SPA) project. This technical assistance resulted in the development of action plans to concretely address the comments of the Committee. In this regard, the Committee notes that the adoption of the previous draft law regulating the work of migrant domestic workers of 2009 has been suspended, due to several ministerial changes over the past four years, and that a new SUC has however been drafted with the technical support of the ILO and seems to have the approval of the Government and the social partners. The SUC is planned to be adopted within a year. The Committee notes that the SUC fills a few legislative gaps in the regulations related to the work of domestic workers. It also provides a minimum safeguard against forced labour pending the adoption of a special law regulating migrant domestic workers. Regarding the Bill regulating the working conditions of migrant domestic workers, it has been referred to the General Secretariat of the Presidency of the Council of Ministers for submission to the Council of Ministers, and subsequently, to Parliament for discussion.

The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour.

The Committee observes that the Government appears to be taking a certain number of legislative and practical measures to prevent the exploitation of migrant domestic workers. The Committee therefore urges the Government to continue to take measures to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. In this regard, the Committee expresses the firm hope that the Bill regulating the working conditions of migrant domestic workers, as well as the SUC regulating their work will be adopted in the near future and that they will provide adequate protection for this category of workers. The Committee requests the Government to provide information in its next report on the progress made in this respect.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of their personal freedom, applies to the exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions. The Committee also noted that section 8(3)(a) of Decree No. 3855 of 1 September 1972 provides that it shall be forbidden to impose forced or compulsory labour on any person, and sought information on any criminal penalties which may be imposed under this provision.

In this regard, the Committee notes the allegations in the ITUC’s communication that it was found that a lack of accessible complaint mechanisms, lengthy judicial procedures, and restrictive visa policies dissuade many workers from filing or pursuing complaints against their employers. Even when workers file complaints, the police and judicial authorities regularly fail to treat certain abuses against domestic workers as crimes. Moreover, no single example was found among the cases in which an employer faced charges for locking workers inside homes, confiscating their passports or denying them food. In all cases reviewed, sentences were found to be very lenient compared to the offence. In 2009, a criminal court sentenced an employer to imprisonment for repeatedly beating a Filipina domestic worker. However the sentence was only 15 days.

The Committee notes the Government’s indication that although there is no specific provision in the national legislation punishing the exaction of forced labour, the judges may refer to section 569 of the Penal Code for such cases. However, no information is available on any legal proceedings instituted for the violation of both section 569 of the Penal Code and section 8(3)(a) of Decree No. 3855 of 1 September 1972 stipulating the prohibition on recourse to forced labour. The Committee urges the Government to ensure that sufficiently effective and dissuasive penalties are applied to persons who subject these workers to conditions of forced labour. It asks the Government to supply with its next reports copies of relevant court decisions, illustrating the penalties imposed in accordance with section 569 of the Penal Code, so as to enable the Committee to assess whether the penalties applied are really adequate and sufficiently dissuasive.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its earlier comments, the Committee referred to Legislative Decree No. 102 of 16 September 1983, which establishes the law on national defence, and noted that section 51 respecting the status of volunteer officers includes provisions under which officers may, under certain enumerated conditions, resign from service upon submitting a request, but in some cases only “if the request is accepted”.

The Committee pointed out, referring also to the explanations contained in paragraphs 47, 96 and 97 of its 2007 General Survey on the eradication of forced labour, that career military servicemen who have voluntarily entered into an engagement cannot be denied the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure continuity of the service.

The Committee notes the Government’s indication that the Ministry of Labour received the required information from the Ministry of Defence, specifying that volunteer officers may terminate their contract upon request or in the event of force majeure. The Government also points out that, according to section 105 of Legislative Decree No. 102 of 16 September 1983, which establishes the law on national defence, the volunteer normally signs up for a period of one year which is renewable five times. He may submit his request to resign, without any restrictions, at the end of his year of commitment. He may also resign during the year for which he has signed up for personal reasons.

Noting these explanations, the Committee requests the Government to provide in its next reports information on any volunteer officers’ requests to resign that have been refused and the criteria for refusing such requests.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee noted that, under section 52 of Decree No. 14310/K of 11 February 1949 pertaining to prison regulations, persons sentenced to detention or to imprisonment may only be required to work outside the prison with their consent. The Committee requested the Government to provide information on the practical application of this provision, as well as on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (section 87 of the Penal Code).

The Committee notes the Government’s indication that the consent of prisoners is not required when they work inside prison establishments (section 117 of the Prison Regulations).

The Committee once again requests the Government to provide more detailed information on prisoners’ work outside prisons, in particular on the safeguards that exist to ensure that prisoners working for private employers give their formal, free and informed consent and work under conditions approximating a free employment relationship. The Committee also asks the Government to provide information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release, under section 87 of the Penal Code.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of their personal freedom, applies to the illegal exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions. The Committee also noted that section 8(3)(a) of Decree No. 3855 of 1 September 1972 provides that it shall be forbidden to impose forced or compulsory labour on any person, and sought information on any criminal penalties which may be imposed under this provision.

The Committee notes the Government’s indication that no information on any legal proceedings instituted for the violation of both section 569 of the Penal Code and section 8(3)(a) of Decree No. 3855 of 1 September 1972 stipulating the prohibition on recourse to forced labour is available. While noting these indications, the Committee asks the Government to provide the requested information as soon as it is available.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1) and 2(1) of the Convention. Vulnerability of migrant domestic workers and the exaction of forced labour. In its previous comments, the Committee noted a series of measures adopted by the Government for domestic workers, such as the preparation of a guidance manual for this category of workers and the establishment of a formal contract governing their employment relationship.

However, the Committee observes that, in the Compilation prepared by the Office of the High Commissioner for Human Rights, it is indicated that migrant domestic workers remain particularly vulnerable and are specifically excluded from the protection of the Labour Code. A number of reports have confirmed the existence of abuses by employers and recruiting agents, including non-payment or delayed payment of wages, withholding of identity papers, inadequate food and housing, forced confinement to the workplace, prohibition of rest time as well as verbal, physical and sexual abuse.

The Committee also observes that the United Nations Country Team recommended that the Government should pursue its efforts to review its labour legislation with a view to including migrant workers in its scope and that previously, in 2006, the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, had also recommended that the protection of the Labour Code be extended to domestic workers (A/HRC/WG.6/9/LBN/2, November 2010, para. 41).

The Committee also notes the Bill regulating the working conditions of domestic workers, which was attached to the Government’s report. According to the Government, the Bill was formulated so as to comply with the provisions of the Domestic Workers Convention, 2011 (No. 189). The Committee observes that the Bill contains provisions on the respective obligations of the employer and the worker, particularly concerning the type of contract to be signed, hours of work and remuneration. With regard to the termination of the contract of employment, the Committee notes that it is now possible for the employee to terminate it at any time with one month’s notice. In the event of aggression, failure to pay remuneration for two successive months or work outside the tasks set out in the contract, the employee can terminate the contract of employment without complying with the period of one month’s notice. The Committee also notes that the Ministry of Labour is competent to resolve any dispute amicably.

In view of the situation of vulnerability effecting migrant domestic workers, the Committee requests the Government to take the necessary measures to ensure that the Bill governing the conditions of work of domestic workers is adopted in the very near future. It requests the Government to provide a copy of the definitive text once it has been adopted.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its earlier comments, the Committee referred to Legislative Decree No. 102 of 16 September 1983, which embodies the law on national defence, and noted that section 51 respecting the status of volunteer officers includes provisions under which officers may, under certain enumerated conditions, resign from service upon submitting a request, but in some cases, only “if it is accepted”. The Committee pointed out, referring also to the explanations contained in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes the Government’s statement that the Ministry of Labour has requested information in this regard from the Ministry of Defence, but has not received any reply until the date of the preparation of the report. The Committee reiterates its hope that the Government will indicate, in its next report, the measures taken or envisaged to ensure that officers and other career military servicemen have the possibility to leave the service at their own request, before attaining the age of retirement, even when they are not yet entitled to a pension. Pending the adoption of such measures, it again requests the Government to describe the criteria used in ruling upon resignation requests submitted by persons serving in the armed forces on a voluntary basis, and the situations where resignations may be either accepted or refused.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee noted that, under section 59 of Decree No. 14310/K of 11 February 1949, persons sentenced to detention or to imprisonment with labour outside the prison may not be required to work without their consent. The Committee requested the Government to provide information on the conditions and circumstances under which such persons work, and on the safeguards that exist to ensure that prisoners who work voluntarily for private employers do so under conditions approximating a free employment relationship. The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (article 87 of the Penal Code).

The Committee notes the Government’s statement that the Ministry of Labour has requested information in this regard from the Ministry of the Interior, but has not received any reply until the date of the preparation of the report. The Committee reiterates its hope that the Government will soon be able to communicate the information requested.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of personal freedom, applies to the illegal exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions. The Committee also noted that section 8(3)(a) of Decree No. 3855, of 1 September 1972, provides that it shall be forbidden to impose forced or compulsory labour on any person, and sought information on any criminal penalties which may be imposed under this provision. While having noted the Government’s repeated assurances that it will communicate the information requested, as soon as it gets a reply from the bodies concerned, the Committee expresses the firm hope that the Government will be in a position to provide such information in its next report.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers with regard to the exaction of forced labour. The Committee noted the Government’s indication that the National Steering Committee has drafted a Bill on the regulation of the work of domestic workers, which is to be reviewed by the House of Deputies. It also noted the preparation of a Guiding Manual for migrant female domestic workers, as well as the promulgation by the Minister of Labour of Order No. 38/1 of 16 March 2009, relating to the implementation of a consolidated labour contract for domestic workers and Order No. 52/1 of 28 April 2009, extending the coverage of social security to all foreign workers in Lebanon, including domestic workers.

The Government also indicated that a working team has been established by Order No. 8/1 of 20 January 2009, whose task is to monitor the work of employment agencies which bring in migrant domestic workers, to examine requests to establish new agencies for bringing in workers and to investigate the complaints against such employment agencies, as well as complaints filed by domestic workers against employers. In this regard, the Minister of Labour issued Memorandum No. 21/1 of 20 February 2009, which regulates the work of the team, in particular examining and investigating the complaints filed against the employment agencies which bring in female domestic workers. Furthermore, the Minister of Labour promulgated Order No. 13/1 of 22 January 2009, regulating the employment agencies which bring in migrant female domestic workers.

While noting this information, the Committee asks the Government to provide a copy of the Bill on the regulation of the work of domestic workers referred to above, once it has been adopted by the House of Deputies. Please also continue to provide information on the activities of the National Steering Committee and on the various measures taken, both in legislation and in practice, to protect migrant domestic workers with a view to the complete elimination of the exaction of forced labour from this category of workers.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its earlier comments, the Committee referred to Legislative Decree No. 102 of 16 September 1983, which embodies the law on national defence, and noted that section 51 respecting the status of volunteer officers includes provisions under which officers may, under certain enumerated conditions, resign from service upon submitting a request, but in some cases, only “if it is accepted”. The Committee pointed out, referring also to the explanations contained in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes the Government’s statement in the report that the Ministry of Labour has requested information in this regard from the Ministry of Defence, but has not received any reply until the date of the preparation of the report. The Committee reiterates its hope that the Government will indicate, in its next report, the measures taken or envisaged to ensure that officers and other career military servicemen have the possibility to leave the service at their own request, before attaining the age of retirement, even when they are not yet entitled to a pension. Pending the adoption of such measures, it again requests the Government to describe the criteria used in ruling upon resignation requests submitted by persons serving in the armed forces on a voluntary basis, and the situations where resignations may be either accepted or refused.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee noted that, under section 59 of Decree No. 14310/K of 11 February 1949, persons sentenced to detention or to imprisonment with labour outside the prison may not be required to work without their consent. The Committee requested the Government to provide information on the conditions and circumstances under which such persons work, and on the safeguards that exist to ensure that prisoners who work voluntarily for private employers do so under conditions approximating a free employment relationship. The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (article 87 of the Penal Code).

The Committee notes the Government’s statement in the report that the Ministry of Labour has requested information in this regard from the Ministry of the Interior, but has not received any reply until the date of the preparation of the report. The Committee reiterates its hope that the Government will soon be able to communicate the information requested.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the Government’s indication that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of personal freedom, applies to the illegal exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions. The Committee also noted that section 8(3)(a) of Decree No. 3855, of 1 September 1972, provides that it shall be forbidden to impose forced or compulsory labour on any person, and sought information on any criminal penalties which may be imposed under this provision. While having noted the Government’s repeated assurances that it will communicate the information requested, as soon as it gets a reply from the bodies concerned, the Committee expresses the firm hope that the Government will be in a position to provide such information in its next report.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers with regard to the illegal exaction of forced labour. Referring to its earlier comments, the Committee notes the Government’s indication in its report that the National Steering Committee has drafted a Bill on the regulation of the work of domestic workers, which is to be reviewed by the House of Deputies. It also notes with interest the preparation of a Guiding Manual for migrant female domestic workers, as well as the promulgation by the Minister of Labour of Order No. 38/1 of 16 March 2009, relating to the implementation of a consolidated labour contract for domestic workers and Order No. 52/1 of 28 April 2009, extending the coverage of social security to all foreign workers in Lebanon, including domestic workers.

The Government also indicates that a working team has been established by Order No. 8/1 of 20 January 2009, whose task is to monitor the work of employment agencies which bring in migrant domestic workers, to examine requests to establish new agencies for bringing in workers and to investigate the complaints against such employment agencies, as well as complaints filed by domestic workers against employers. In this regard, the Minister of Labour issued Memorandum No. 21/1 of 20 February 2009, which regulates the work of the team, in particular examining and investigating the complaints filed against the employment agencies which bring in female domestic workers. Furthermore, the Minister of Labour promulgated Order No. 13/1 of 22 January 2009, regulating the employment agencies which bring in migrant female domestic workers.

While noting this information, the Committee asks the Government to provide a copy of the Bill on the regulation of the work of domestic workers referred to above, once it has been adopted by the House of Deputies. Please also continue to provide information on the activities of the National Steering Committee and on the various measures taken, both in legislation and in practice, to protect migrant domestic workers with a view to the complete elimination of the exaction of forced labour from this category of workers.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its earlier comments, the Committee referred to Legislative Decree No. 102 of 16 September 1983, which embodies the law on national defence, and noted that section 51 with respect to status of volunteer officers includes provisions under which officers may, under certain enumerated conditions, resign from service upon submitting a request, but in some cases, only “if it is accepted”. It requested the Government to provide information on the criteria used in ruling upon resignation requests submitted by persons serving in the armed forces on a voluntary basis, in those situations where the freedom to terminate the service depends upon the request being accepted. The Committee also asked the Government to supply information on whether, and under what conditions, privates and non-commissioned officers may, prior to completion of their voluntary service contract, be demobilized in peacetime within a reasonable period, either at specified intervals or with previous notice.

The Committee notes that the Government’s reports received in 2005 and 2007 contain no information on the criteria used in ruling upon resignation requests submitted by officers serving in the armed forces on a voluntary basis. However, it has noted the Government’s indication in its 2005 report that, under section 57 of Decree No. 102, non-commissioned officers and privates can terminate their voluntary service contracts only for reasons approved by the Army Command.

The Committee points out, referring also to the explanations contained in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee has observed that the effect of statutory provisions preventing termination of employment of indefinite duration (or very long duration) by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to ensure that officers and other career military servicemen have the possibility to leave the service at their own request, before attaining the age of retirement, even when they are not yet entitled to a pension. Pending the adoption of such measures, it again requests the Government to describe the criteria used in ruling upon resignation requests submitted by persons serving in the armed forces on a voluntary basis, in the situations where resignations may be either accepted or refused. Please also indicate the duration of voluntary service contracts concluded by officers and other categories of career military personnel.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its earlier comments, the Committee noted that, under section 59 of Decree No. 14310/K of 11 February 1949, persons sentenced to detention or to imprisonment with labour outside the prison may not be required to work without their consent. The Committee requested the Government to provide information on the conditions and circumstances under which such persons work, and on the safeguards that exist to ensure that prisoners who work voluntarily for private employers do so under conditions approximating a free employment relationship.

The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (article 87 of the Penal Code).

The Committee has noted the Government’s indication in its 2005 report that it has forwarded once again a copy of the Committee’s comments to the bodies concerned. It reiterates its hope that the Government will soon be able to communicate the information requested.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the Government’s indication in its report that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of personal freedom, applies to the illegal exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions.

The Committee also noted that section 8(3)(a) of Decree No. 3855, of 1 September 1972, provides that it shall be forbidden to impose forced or compulsory labour on any person. The Committee sought information on any criminal penalties which may be imposed under this provision of Decree No. 3855, and to supply copies of any relevant court decisions.

While having noted the Government’s repeated assurances that it will communicate the information requested, as soon as it gets a reply from the bodies concerned, the Committee reiterates its hope that the Government will be in a position to provide such information in its next report. Having also noted a provision of section 33 of the draft amendments to the Labour Code, supplied by the Government, which criminalizes various forms of forced or compulsory labour, including slavery and slavery-like practices, debt bondage and trafficking in human beings, the Committee hopes that the Government will communicate a copy of the amendments, as soon as they are adopted.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant domestic workers with regard to the illegal exaction of forced labour. In its earlier comments, the Committee referred to the observations on the application of the Convention by Lebanon received in 2001 from the World Confederation of Labour (WCL), which contained information concerning cases of the illegal abuse of migrant workers, particularly domestic workers, including non-payment of salaries, corporal punishment, sexual abuse and enforced sequestration. The WCL alleged that, from the early 1990s, there had been a particularly large influx of African and Asian women into Lebanon, serving primarily as domestic labour in private households, and that both the employment relations and social status of these women left them extremely vulnerable to exploitation and abuse, most of them falling under the category of “contract slavery”; the existence of abuse and violence, denial of basic freedom of movement and exploitative working conditions contributed to this definition.

The Committee has noted from the Government’s indications in its reports that the authorities are endeavouring to stop or prohibit the illegal exaction of forced labour which may be encountered by migrant workers who enter Lebanon in an illegal manner. According to the reports received in 2005 and 2007, the Lebanese Ministry of Labour has adopted measures for the protection of migrant workers including women working as domestic workers, particularly as regards payment of wages and other conditions of work. The Committee has noted the adoption of Order No. 70/1 of 9 July 2003 on the organization of work of agencies which bring in foreign female domestic workers, which provides for the obligations of employers with regard to working and living conditions of domestic workers, payment of their wages, and contains provisions concerning submission of complaints, supervision and labour inspection. It has also noted Order No. 40 of 10 April 2007 concerning the establishment of a National Steering Committee on the situation of female migrant domestic workers in Lebanon, in accordance with the recommendations of a workshop on this subject held in 2005 in Beirut. By virtue of section 2 of Order No. 40, the National Steering Committee shall prepare and carry out projects aiming at promoting and protecting female migrant domestic workers’ rights, in coordination with the relevant departments, the International Labour Organization, other competent Arab and international organizations, as well as non-governmental committees and other relevant bodies. The Committee has noted the ratification by Lebanon, in 2005, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

While noting this information with interest, the Committee hopes that the Government will provide, in its next report, information on the activities of the National Steering Committee and on the measures taken, both in legislation and in practice, to protect migrant domestic workers with a view to complete elimination of the exaction of forced labour from this category of workers. Please describe, in particular, the measures taken or envisaged in pursuance of recommendations of the workshop referred to above, concerning, inter alia, the elaboration of a standardized employment contract for domestic workers to be used by all employment agencies in the country, the establishment of a help desk for domestic workers at the Ministry of Labour for investigation of complaints and mediation between the employer, employment agency and worker, the inclusion of the protective measures for migrant domestic workers into the National Plan of Action on human rights.

The Committee is also addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the Government’s reply to its earlier comments.

Article 1(1) and Article 2(1) and (2)(c) of the Convention. The Committee previously noted that, under section 59 of Decree No. 14310/K of 11 February 1949, persons sentenced to detention or to imprisonment with labour outside the prison may not be required to work without their consent. The Committee requested the Government to provide information on the conditions and circumstances under which such persons work, and on the safeguards that exist to ensure that prisoners who work voluntarily for private employers do so under conditions approximating a free employment relationship.

The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (article 87 of the Penal Code).

The Committee has noted the Government’s indication in the report that it forwarded a copy of the Committee’s comments to the bodies concerned. It hopes that the Government will soon be able to communicate the information requested.

The freedom of career members of the armed forces to leave the service. The Committee previously noted that, under Legislative Decree No. 102 of 16 September 1983, which embodies the law on national defence, section 51 respecting the status of volunteer officers includes provisions under which officers may, under certain enumerated conditions, resign from service upon submitting a request but in some cases, only "if it is accepted". It requested the Government to provide information on the criteria used in ruling upon resignation requests submitted by persons serving in the armed forces on a voluntary basis, in those situations where the freedom to terminate the service depends upon the request being accepted. The Committee also asked the Government to supply information on whether, and under what conditions, privates and non-commissioned officers may, prior to completion of their voluntary service contract, be demobilized in peacetime within a reasonable period, either at specified intervals or with previous notice.

Having noted the Government’s indication in its report that the Committee’s comments have been communicated to the competent bodies, the Committee expresses the hope that the Government will not fail to communicate the information requested in its next report.

Article 25. In its earlier comments, the Committee noted the Government’s indications that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of personal freedom, applies to the illegal exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions.

The Committee also noted that paragraph 3(a) of article 8 of Decree No. 3855, of 1 September 1972, provides that it shall be forbidden to impose forced or compulsory labour on any person. The Committee sought information on any criminal penalties which may be imposed under this provision of Decree No. 3855, and requested copies of any relevant court decisions.

The Committee has noted the Government’s assurances that it will communicate the information requested, as soon as it gets a reply from the bodies concerned, and expresses the hope that the Government will be in a position to provide such information in its next report. Please also supply a copy of a draft amendment to the Labour Code prepared by the tripartite committee set up by Order No. 210/1, of 21 December 2001, of the Minister of Labour, which contains provisions punishing various forms of forced or compulsory labour, including slavery and slavery-like practices, to which reference was made in the Government’s reply to the Committee’s general observation of 2000 concerning measures to combat trafficking in persons.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted a communication dated 27 November 2001, received from the World Confederation of Labour (WCL), which contains observations concerning the application of the Convention by Lebanon. It has noted that this communication was sent to the Government in December 2001 and March 2002, for any comments it might wish to make on the matters raised therein.

In its observations, the WCL refers to cases of the illegal abuse of migrant workers, particularly domestic workers, including non-payment of salaries, corporal punishment, sexual abuse and enforced sequestration. The WCL alleges that, from the early 1990s, there has been a particularly large influx of African and Asian women into Lebanon, serving primarily as domestic labour in private households, particularly from Sri Lanka, and that both the employment relations and social status of these women leave them extremely vulnerable to exploitation and abuse, most of them falling under the category of "contract slavery"; the existence of abuse, violence or threat of abuse and violence, denial of basic freedom of movement and exploitative working conditions contribute to this definition.

The Committee has noted that the Government’s report contains no reference to these observations. However, the Committee has noted the information supplied by the Government in reply to its general observation of 2000 concerning measures taken to combat trafficking in persons, in which the Government indicates that persons who employ illegal migrants are punishable by law and that, in practice, the official authorities are endeavouring to stop or prohibit the illegal exaction of force labour which may be encountered by migrant workers who enter Lebanon in an illegal manner. The Committee also notes from the letter by the Legislative and Advisory Unit of the Ministry of Justice, attached to the Government’s 2003 report, that the labour legislation of Lebanon does not contain express provisions punishing trafficking in persons, although it can be punished on the basis of the Penal Code provisions in sections 514 and 515 (kidnapping).

The Committee hopes that the Government will refer to the observations by the WCL in its next report and submit its comments on the allegations made therein, as well as the information on the measures taken in relation to the matters raised.

The Committee is also addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. The Committee takes note of the information supplied which consists of the letter of the Ministry of Justice of 14 November 2000, Decree No. 14310/K of 11 February 1949, concerning the regulation of prisons, and Legislative Decree No. 102 of 16 September 1983, with respect to compulsory military service.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention

The Committee notes that under section 59 of Decree No. 14310/K of 11 February 1949, persons sentenced to detention or to imprisonment with labour outside the prison may not be required to work without their consent. The Committee asks the Government to provide information on the conditions and circumstances under which such persons work, and on the safeguards that exist to ensure that prisoners who work voluntarily do so under conditions approximating a free employment relationship.

The Committee recalls that under Article 2, paragraph 2, of the Convention, prison work must be carried out under the supervision and control of a public authority and prisoners may not be placed at the disposal of private individuals, companies or associations without their consent. The Committee refers to paragraph 132 of its General Report in 2001, on the application of the forced labour Convention, in which it stated that the most reliable and overt indicator of voluntariness can be gleaned from the circumstances and conditions under which the labour is performed and whether those conditions approximate a free employment relationship. In paragraph 143 of its General Report, the Committee indicated that these conditions would not have to emulate all of the conditions which are applicable to a free market but in the areas of wages, social security, safety and health and labour inspection, the circumstances in which the prison labour is performed should not be so disproportionately lower than the free market that it could be characterized as exploitative. It was the Committee’s view that these factors need to be weighed together with the circumstances under which formal consent has been given in order to ascertain whether the Convention is being respected when private entities are involved with prison labour.

The Committee asks the Government to provide information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (article 87 of the Penal Code).

The freedom of career soldiers in the armed forces to leave the service

The Committee notes that under Legislative Decree No. 102 of 16 September 1983, which embodies the law on national defence, section 51 respecting the status of volunteer officers includes provisions under which officers may, under certain enumerated conditions, resign from service upon submitting a request but in some cases, only "if it is accepted".

The Committee recalls that in paragraph 72 of the 1979 General Survey on the abolition of forced labour, it considered that the provisions of the Convention relating to compulsory military service may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee requests that the Government provide information on the criteria used in ruling upon resignation requests submitted by persons serving in the armed forces on a voluntary basis, in those situations where the freedom to terminate the service depends upon the request being accepted. The Committee also asks the Government to supply information on whether, and under what conditions, privates and non-commissioned officers may, prior to completion of their voluntary service contract, be demobilized in peacetime within a reasonable period, either at specified intervals or with previous notice.

Article 25 of the Convention

The Committee notes the indications of the Government that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of personal freedom, applies to the illegal exaction of forced or compulsory labour punishable as a penal offence. The Committee requests the Government to provide information on any legal proceedings which have been instituted to enforce section 569 as applied to forced or compulsory labour, and to furnish the text of any court or tribunal decisions involving the application of section 569 to cases of forced or compulsory labour and under which any penalties have been imposed.

The Committee notes that paragraph 3(a) of article 8 of Decree No. 3855, dated 1 September 1972, provides: "It shall be forbidden to impose forced or compulsory labour on any person". The Committee asks the Government to supply information on any criminal penalties which may be imposed under this article of Decree No. 3855, and to supply the text of any decisions of courts or other tribunals involving the enforcement of Decree No. 3855 and under which any penalties have been imposed.

With particular reference to the Committee’s general observation published in 2001 concerning the trafficking in persons, the Committee requests the Government to provide information on any other laws aimed at punishing the exaction of forced or compulsory labour, and on any measures taken to ensure that penal sanctions are strictly enforced.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied by the Government in its reports received in September and November 1997. It would be grateful if the Government would provide information on the following points in its next report.

1. Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. The Committee notes the provisions of the Penal Code respecting various types of penalties which involve an obligation to work. It notes, on the one hand, that arduous work may be imposed within or outside the prison (section 45 of the Penal Code) and, on the other hand, that "relegation" may be undertaken in a work establishment or an agricultural colony (section 77). The Committee requests the Government to indicate the guarantees that are provided to ensure that persons who are placed in such work establishments or agricultural colonies are not hired to or placed at the disposal of private individuals, companies or associations. It also requests the Government to provide information on the procedures for the placement in a work establishment set out in sections 70 and 79 of the Penal Code.

The Committee further notes that the system of "probationary release" (sections 71 and 87 of the Penal Code) is entrusted to private institutions recognized by the State. With reference to paragraphs 97 to 101 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that, under the terms of the Convention, prison work must be carried out under the supervision and control of a public authority and the prisoner must not be hired to or placed at the disposal of private individuals, companies or associations. The Committee therefore requests the Government to take the necessary measures to bring its legislation into conformity with the Convention on this point. It also requests the Government to provide copies with its next report of the regulations issued under the Penal Code and the prison regulations.

2. Article 25. The Committee notes the Government's indications in its report concerning section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of personal freedom. It requests the Government to indicate in its next report whether there is a provision in the national legislation making the illegal exaction of forced or compulsory labour punishable as a penal offence and, if not, to indicate the measures which have been taken or are envisaged to give effect to this Article of the Convention.

3. Article 2. The Committee would be grateful if the Government would provide with its next report a copy of Decree No. 102 of 16 September 1983 respecting compulsory military service. Please also provide information on the conditions governing the resignation of career military officers and persons employed in the public service.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee would appreciate if the Government would supply a detailed report in the form approved by the Governing Body.