Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Líbano (Ratificación : 1977)

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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.