Solicitud directa (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

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

The Committee notes the Government’s statement in its report that all types of worst forms of child labour indicated in Article 3(a)–(c) of the Convention are prohibited in Libya and are punishable with penalties. However, the Government does not provide specific information on the regulations or particular provisions containing such prohibitions.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that section 1 of the Order of 26 September 1969 on prohibiting trafficking in labour makes it an offence to traffic in workers. It also noted that section 426 of the Penal Code punishes any person who buys, sells, traffics or deals in slaves and sections 412 and 413 of the Penal Code punish any person who kidnaps or arranges for others to kidnap a child. It further noted that section 412 of the Penal Code punishes anybody who abducts a person or detains a person by violence, threats or deception with a view to engaging in sexual activity. The Committee observed that these provisions appear to only protect children from some forms of trafficking, and constitute an incomplete prohibition, as provided for in Article 3(a) of the Convention. The Committee further observed that the Order of 26 September 1969 only prohibits trafficking for the purpose of labour exploitation and does not address the trafficking of children for the purpose of sexual exploitation. Finally, the Committee observed that the prohibition on kidnapping does not appear to address the sale or purchase of a child for the purpose of sexual exploitation, nor the transport of a trafficked child. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that a comprehensive prohibition on all forms of trafficking of persons under 18 years of age, including for the purpose of sexual exploitation, is adopted in the near future. It requests the Government to provide information on any measures taken in this regard.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the Penal Code did not specifically prohibit the use, offering or procuring of a child for the production of pornography or for pornographic performances. It observed that the provisions referenced by the Government (particularly section 1 of Act No. 56 of 1970 on the protection of morals in public places, section 1 of the Vagrant Young Persons Act of 5 October 1955 and the Penal Code) only prohibited public indecency, public distribution or exposing of pornographic materials and public pornographic performances, and do not constitute prohibitions on the use, procuring or offering of persons under 18 for the production of pornography. This legislation also did not appear to distinguish between persons over 18 years involved in the production of pornography, and child victims exploited in these activities with regard to criminal liability. The Committee also noted the Government’s statement that Libyan legislation comprises two systems, one for punishment and another for treatment. The Government indicated that a person under 14 years is considered a victim, and a person over 18 years of age is considered a perpetrator, pursuant to section 80 of the Penal Code. It observed an absence of information on the status of a person between the ages of 14 and 18. Noting once again an absence of information in the Government’s report on the status of persons between the ages of 14 and 18, the Committee requests the Government to ensure that children between 14 and 18 years of age who are exploited in the production of pornography or pornographic performances are treated as victims rather than offenders.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that, while the production and trafficking of drugs is effectively prohibited in national legislation, the use, procuring or offering of a child for that objective, is not. It noted the Government’s indication that section 27 of Labour Code No. 12 of 2010 specifies that no person under 18 years of age may be employed in any type of employment. However, the Committee observed that this provision does not specifically address the involvement of children in the production or trafficking of drugs, and reminded the Government that this worst form of child labour occurs outside of typical employment situations and legal labour relationships.

The Committee notes the absence of information in the Government’s report on this point. The Committee, therefore, once again reminds the Government that, pursuant to Article 3(c) of the Convention, the involvement of a person under 18 in illicit activities constitutes one of the worst forms of child labour, and that, pursuant to Article 1 of the Convention, member States are required to take “immediate” measures to prohibit these worst forms of child labour as a matter of urgency. The Committee once again requests the Government to take the necessary measures as a matter of urgency to ensure that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is explicitly prohibited in legislation.

Article 4(2) and (3). Identification and periodic revision of the list of hazardous work. The Committee previously noted the Government’s indication that a revised list of the types of hazardous work would be communicated following the promulgation of the new Labour Code. It noted the Government’s statement that regulations pursuant to the Labour Code, which will clarify both the prohibited tasks and permitted tasks for young persons of 16 years of age, were under preparation.

The Committee notes the Government’s indication that consultations with employers and workers on this matter are under way. Observing that the Government has been referring to the impending adoption of this list since 2005, the Committee expresses the firm hope that the regulations containing the types of work prohibited for persons under 18 years of age will be adopted in the near future. It requests the Government to provide a copy once they have been adopted.