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LABOUR
There can be no keener revelation of a society's soul than the way in which it treats its children.
~ Nelson Mandela ~
BACKGROUND
The Syrian conflict has been going on for more than three years, starting with peaceful antigovernment demonstrations in March 2011, which due to fierce government suppression soon
spiralled into a bloody civil war taking more than 150,000 lives, including 8,000 children.1
The Syrians have been identified by the United Nations as the world's largest refugee
population and neighbouring Lebanon currently hosts 1,029,473 Syrian refugees (thus
constituting a quarter of the countrys population), of which more than half are under 18 years
of age.2 Many adult men remained in Syria either to protect their businesses or houses, or to
join the fighting forces, leading to vulnerability of Syrian women and children, who are being
subject to risks of sexual violence, child marriage, child labour, and illicit activities.3
Since 2011, the influx of Syrian refugees into the country has vigorously impacted the
labour situation. The events in Syria have polarised the Lebanese political and sectarian
divisions and it has furthermore created an increasing reluctance among the political actors to
compromise on sensitive issues. Despite some progress to improve the policy framework for
human rights protection and refugees rights, Lebanon is continuously falling short of
international benchmarks.4
Deteriorating socio-economic conditions and non-attendance in school are important
antecedent factors to the rise of child labour in the country. Given the prolonged duration of
the Syrian crisis and worsening living conditions coupled with the sharp increase in the total
number of Syrian refugees fleeing to Lebanon, it is expected that the number of working
THE TELEGRAPH, SYRIA CIVIL WAR KILLS OVER 150 000 PEOPLE IN THREE YEARS (Apr. 1,
2014) available at http://www.telegraph.co.uk/news/worldnews/middleeast/syria/10737682/Syria-civil-warkills-over-150000-people-in-three-years.html.
2
U.N.H.C.R., Syria Regional Refugee Response: Inter-agency Information Sharing Portal (Apr. 22, 2014)
available at http://data.unhcr.org/syrianrefugees/country.php?id=122.
3
I.L.O., REGIONAL OFFICE FOR THE ARAB STATES, ASSESMENT OF THE IMPACT OF SYRIAN
REFUGEES IN LEBANON AND THEIR EMPLOYMENT PROFILE 13 (Apr. 1, 2014) available at
http://www.ilo.org/beirut/publications/WCMS_240134/lang--en/index.htm [hereinafter: I.L.O. ASSESMENT].
4
I.L.O., Regions: Arab States: Countries covered: Lebanon (2014) available at
http://www.ilo.org/beirut/countries/lebanon/lang--en/index.htm.
children will rise.5 The Lebanese Ministry of Labour has increased its 2006 estimate of
100,000 child workers in the country to 180,000.6
breadwinner.12
Some parents are physically barred of working, for example those who are
elderly, have serious disabilities or were injured during the war. Refugee children are often
the only ones in their families who are able to generate an income.13
Since child labour is closely connected to school-enrolment,14 it is important to note that
several studies reveal that enrolment of Syrian students in Lebanese schools is low in all
school levels. During 2012-2013 only 31% of Syrian children attended school, setting
children up for being exploited by employers looking for cheap labour. The main reasons for
low enrolment rates appear to be due to the lack of financial resources and lack of places in
nearby schools.15
However, another noteworthy cause behind the child labour is that for some Syrian
refugee families, particularly from rural parts of Syria, children working at a young age is part
of their culture. In 2012, 18% of children between 10 and 17 years in Syria were working.16
Also, in some female-headed households, mothers feel that they cannot work because it would
be considered as culturally unacceptable, thus asking their sons to work instead.17 Another
reason can be quoted from a Syrian mother in Jordan: A boy can take the abuse and insults, a
man can't. So the men stay at home and the children work.18
ILO CEACR
Lebanon has ratified both core conventions on child labour,19 and is thus obliged to submit
reports to the International Labour Office on the measures which it has taken to give effect to
the provisions of the Conventions.20 The Committee of Experts on the Application of
Conventions and Recommendations (CEACR) examines the reports and has an ongoing
dialogue with the government on the application of the Conventions. This regular supervision
can be very effective in identifying implementation gaps and suggesting measures for
improvement. Workers and employers organizations can also submit information
12
concerning the application of ratified Conventions to CEACR. The CEACR then provides
observations which are the committees public comments on the application of ILO
Conventions; and direct requests which are sent directly to the government asking for more
information on specific subjects.21
In 2012 (one year after the conflict began), the Committee adopted an observation in
which it noted that the Lebanese Government did not submit its report with regards to
Convention No. 138 (Minimum Age Convention) in due time and thus reiterated its previous
observation from 2009.22 In this observation, the Committee commented on Lebanons
application of Art. 2(1) of the Convention and urged the Government to take the necessary
measures to amend the Labour Code to include self-employed children or children in the
informal sector as well.23 This is indeed, as mentioned above, something that would be
beneficial for the Syrian refugee children since it is in these forms that they are mostly
working. However, in CEACRs most recent observation on the Minimum Age Convention
from 2013, it noted that the Government still hasnt amended the Labour Code as planned
although several years have passed.24
As regards to education, in both the Committees observations from 2012 and 2013 the
same comments can be found: Firstly, the CEACR welcomed that the Government intends to
raise the age at which compulsory education ends, from the current 12 years to 15 years of
age. The Committee also reiterated its view that compulsory education is one of the most
effective means of combating child labour and that it is important to emphasize the necessity
of linking the age of admission to employment to the age limit for compulsory education: If
the two ages do not coincide, various problems may arise. If the minimum age for admission
to work or employment is lower than the school-leaving age, children may be encouraged to
leave school as children required to attend school may also be legally authorized to work.
21
I.L.O., Labour Standards: Applying and Promoting International Labour Standards, Committee of Experts on
the Application of Conventions and Recommendations, available at
http://www.ilo.org/global/standards/applying-and-promoting-international-labour-standards/committee-ofexperts-on-the-application-of-conventions-and-recommendations/lang--en/index.htm, 22 Apr 2014.
22
I.L.O., C.E.A.C.R., 2009 Observation on Lebanon: Minimum Age Convention (No. 138), 99th ILC Sess.
(2010) available at
http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:2316785:NO.
23
I.L.O., C.E.A.C.R., 2012 Observation on Lebanon: Minimum Age Convention (No. 138), 102nd ILC Sess.
(2013) available at
http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3083564:NO
[hereinafter C.E.A.C.R., 2012 Obs. 138].
24
I.L.O., C.E.A.C.R., 2013 Pending Observation on Lebanon: Minimum Age Convention (No. 138), 103 rd ILC
Sess. (2014) available at
http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3133585:NO.
Thus the Committee concludes by urging the Government to intensify its efforts to raise the
minimum age for admission to employment to 15 years (with the adoption of the draft
amendments to the Labour Code) and to provide for compulsory education up until this
minimum age.25 However, nothing is mentioned as regards particular situation of schooling
for refugee children.
Since the Syrian conflict began, the CEACR havent mentioned the particular situation
of Syrian refugee children in their comments to Lebanon. However, in its direct request from
2012 in which it repeated what it had asked the Government since 2009 the Committee
did take note of the situation of Palestinian refugee children. Under Article 7(2)(d) of the
Worst Forms of Child Labour Convention (No. 182) states shall, taking into account the
importance of education in eliminating child labour, take effective and time-bound measures
to identify and reach out to children at special risk. In the 2012 direct request it noted that
child labour existed on a wide scale in the camps of Palestinian refugees and the surrounding
regions and that the National Strategy to Combat Child Labour gives priority to specific
regions where child labour is the highest such as the Palestinian refugee camps and
surrounding regions. The Committee thus requested the Government to provide information
on the measures taken and results achieved within the context of this National Strategy to
protect Palestinian children from the worst forms of child labour.26 In 2013, the Committee
once again acknowledged the particular situation of Palestinian refugee children and
welcomed yet another framework specially designed for working Palestinian children to be
formulated and developed by 2016.27
Without doubt, the impact of the special and long-termed Palestinian refugee situation
should not be undermined in any manner and should continue to be noted by the ILO, the
CEACR and other international institutions. However, considering that the Syrian conflict
after all has been raging for more than three years, and the impacts it has had on Lebanon, it
might seem a bit peculiar that the CEACR still hasnt even mentioned the situation of the
Syrian refugee children in its comments.
25