Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Libia (Ratificación : 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Recruitment of children for use in armed conflict. The Committee had previously noted that, under section 4 of Mobilization Act No. 21 of 1991, a declaration of general mobilization must, until such time as it ends, result in the development of all human and material resources in the service of the war effort. Section 1 of this Act defines "human resources" as male and female citizens who have attained 17 years of age, provided they are physically able to engage in combat and productive activities. The Committee had also noted that the Committee on the Rights of the Child, in its Concluding Observations of 2003 (CRC/C/15/Add.209, paragraph 22), recommended that Libyan Arab Jamahiriya amend section 1 of the Mobilization Act so that persons under 18 years of age mobilized in the context of general mobilization can serve the war effort without being deployed as active combatants. The Committee had requested the Government to provide information on the measures taken or envisaged to prohibit the compulsory recruitment of children under 18 years in armed conflict, in the context of general mobilization.

The Committee notes the Government’s statement that section 1 of the Mobilization Act refers to the possibility of mobilizing children under 17 in the context of general mobilization and the tasks of general mobilization are not necessarily to perform military acts, but they require performing tasks linked to the guarding of civilian sites, warehouses and establishments far from the battle field. In addition, section 1 does not specify any obligation as it provides an optional conscription for persons who have reached 17 years of age. The Committee takes note of the Government’s information.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that sections 409 and 421 of the Penal Code, and Act No. 56 of 1970, deal with pornography but do not specifically prohibit the use, offering or procuring of a child for the production of pornography or for pornographic performances. It had asked the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances. The Committee notes the Government’s statement that especially section 421 of the Penal Code, Act No. 56 of 1970, and Act No. 5 of 1997 on the protection of childhood, oblige the competent forces to stop such practices and arrest persons who violate the law. It notes the Government’s statement that such practices do not exist based on the examination of the files of the tribunals and the police. Furthermore, such practices are also prohibited by religion, namely by the Holy Koran which punishes such deviant behaviour. The Committee asks the Government to indicate in what manner the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances is prohibited under the abovementioned provisions.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously asked the Government to provide a copy of the legislative provisions prohibiting the use, offering or procuring of a child for the production and trafficking of drugs. The Committee notes the Government’s statement that section 2 of Act No. 23 of 1971, prohibits any young person or adult to bring in, produce, own, sell, buy drugs or replace them in any manner or if the young person acts as mediator in any of the above. It asks the Government to supply a copy of Act No. 23 of 1971.

Article 4, paragraphs 2 and 3. Identification and periodic revision of the list of hazardous work. The Committee had previously requested the Government to indicate where the types of hazardous work exist pursuant to Article 4, paragraph 2, of the Convention. It had also asked the Government to indicate how the list of types of hazardous work has been periodically examined, and to provide any revised list. The Committee notes the Government’s information that a revised list of the types of hazardous work will be communicated when the new Labour Code is promulgated. The Committee asks the Government to supply a copy of the new Labour Code and of the revised list of the types of hazardous work, as soon as they have been adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Higher Committee for Childhood is in charge of supervising the implementation of child legislation, including the work of relevant non-governmental and public organizations. The Higher Committee for Children is also responsible for elaborating the necessary child welfare plans and programmes. The Committee had also noted that child labour is the responsibility of manpower offices, in coordination with the Higher Committee for Childhood. The Committee had requested the Government to provide further information on the functioning of the Higher Committee for Childhood, of manpower offices and of any other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention. The Committee notes that no copy of the "Booklet of the tasks and activities of the Higher Committee for Childhood" nor of the "Leaflet on the Higher Committee for Childhood" was sent to the Office. The Committee once again asks the Government to provide further information on the functioning of the Higher Committee for Childhood and of the manpower offices, including information on the programmes adopted or envisaged by these institutions to combat the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee had previously noted that no national programmes of action were adopted to eliminate child labour and had requested the Government to provide information on the measures taken or envisaged in this regard, indicating the consultations held with the organizations of employers and workers concerned. The Committee notes that the Government’s report makes reference to a study undertaken with UNICEF on child labour in Libyan society, and to Act. No. 5 on childhood protection, but it does not mention any programmes of action taken or envisaged to eliminate child labour. Moreover, the Committee notes that no copy of the UNICEF study was sent to the Office. The Committee once again requests the Government to indicate if any programme of action aimed at eliminating, as a priority, the worst forms of child labour has been adopted. It also asks the Government to supply a copy of the UNICEF study on child labour with its next report.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on this point. It asks the Government to provide information on actions taken or envisaged to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Trafficking. The Committee had previously noted that the Committee on the Right of the Child, in its Concluding Observations of 2003 (CRC/C/15/Add.209, paragraph 43), expressed its concern about reports on trafficking of children to the Libyan Arab Jamahiriya for the purposes of prostitution and slavery, and about the lack of information and awareness of the phenomenon of trafficking and prostitution of children. Consequently, the Committee on the Rights of the Child had recommended that the State party: (a) undertake a national study on the nature and extent of these phenomena; (b) take legislative measures to combat these practices; and (c) carry out awareness-raising campaigns to sensitize and mobilize the general public on every child’s right to respect for their physical and mental integrity. The Committee had asked the Government to provide information on the measures taken to follow-up on the recommendations of the Committee on the Rights of the Child. It had also requested the Government to provide information on the effective and time-bound measures taken or envisaged to prevent the trafficking of children for purposes of labour or sexual exploitation. Noting the absence of information on this point, the Committee once again requests the Government to indicate whether effective and time-bound measures have been taken or envisaged in order to prevent the engagement of children in trafficking for labour or sexual exploitation.

2. Education. The Committee had previously noted that Act No. 95 of 1975 on compulsory education obliges the parents of children to educate their children. It had also noted that, according to the report submitted by the Government to the Committee on the Rights of the Child in 2000 (CRC/C/93/Add.1, paragraph 221), education is compulsory up to the end of the intermediate stage and is guaranteed by the State through the establishment of schools, colleges, universities, and cultural educational institutions, in which education shall be offered free of charge. In addition, the regulation concerning primary education stipulates that education is a right and duty for all citizens, boys and girls alike, at the primary stage and is provided free of charge in all state schools. However, the Committee notes that, according to the information available at the Office, in 2004, only 53 per cent of girls and 71 per cent of boys attended secondary school. Considering that education contributes to the elimination of the worst forms of child labour, the Committee once again requests the Government to provide information on the time-bound measures taken or envisaged in this domain to prevent the engagement of children in the worst forms of child labour. It also asks the Government to provide statistical data on the enrolment and dropout rates in schools.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee notes that the Committee on the Rights of the Child, in its Concluding Observations of 2003 (CRC/C/15/Add.209, paragraph 37), while noting the establishment of a national committee for AIDS prevention in 1987, expresses its concern at the relatively high number of children affected by AIDS in Benghazi. Consequently, the Committee on the Rights of the Child recommended that the Government: (a) continue and strengthen its activities to prevent HIV/AIDS; (b) provide for special AIDS clinics in children’s hospitals; (c) ensure that adolescents have access to, and are provided with, education on adolescent health issues; (d) take appropriate measures to reduce substance dependency among young people; (e) strengthen efforts in the area of adolescents health education within the school system; and (f) seek assistance from, among others, UNICEF and WHO.

The Committee observes that the pandemic of HIV/AIDS has consequences on child victims and orphans of AIDS who might more easily engage in the worst forms of child labour. The Committee asks the Government to provide information on the measures taken to follow up on the recommendations of the Committee on the Rights of the Child. It also asks the Government to provide information on the effective and time-bound measures taken to improve the situation of these children.

Article 8. 1. International cooperation. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part III of the report form. Noting the absence of information on this point in the Government’s report, the Committee once again asks the Government to provide information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply a copy of the text of these decisions.

Parts IV and V of the report form. Noting the absence of information in the Government’s report on this point, the Committee asks the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex.