Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 29) sur le travail forcé, 1930 - Liban (Ratification: 1977)

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.