syrian refugee children in lebanese child labour

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    SYRIAN REFUGEE CHILDREN IN LEBANESE CHILD

    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 anti-

    government 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.2Many 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

    1 THE TELEGRAPH, SYRIA CIVIL WAR KILLS OVER 150 000 PEOPLE IN THREE YEARS (Apr. 1,

    2014) available athttp://www.telegraph.co.uk/news/worldnews/middleeast/syria/10737682/Syria-civil-war-

    kills-over-150000-people-in-three-years.html.2U.N.H.C.R., Syria Regional Refugee Response: Inter-agency Information Sharing Portal (Apr. 22, 2014)

    available athttp://data.unhcr.org/syrianrefugees/country.php?id=122.3I.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].4I.L.O., Regions: Arab States: Countries covered: Lebanon (2014) available at

    http://www.ilo.org/beirut/countries/lebanon/lang--en/index.htm.

    http://www.telegraph.co.uk/news/worldnews/middleeast/syria/10737682/Syria-civil-war-kills-over-150000-people-in-three-years.htmlhttp://www.telegraph.co.uk/news/worldnews/middleeast/syria/10737682/Syria-civil-war-kills-over-150000-people-in-three-years.htmlhttp://www.telegraph.co.uk/news/worldnews/middleeast/syria/10737682/Syria-civil-war-kills-over-150000-people-in-three-years.htmlhttp://www.telegraph.co.uk/news/worldnews/middleeast/syria/10737682/Syria-civil-war-kills-over-150000-people-in-three-years.htmlhttp://data.unhcr.org/syrianrefugees/country.php?id=122http://data.unhcr.org/syrianrefugees/country.php?id=122http://data.unhcr.org/syrianrefugees/country.php?id=122http://www.ilo.org/beirut/publications/WCMS_240134/lang--en/index.htmhttp://www.ilo.org/beirut/publications/WCMS_240134/lang--en/index.htmhttp://www.ilo.org/beirut/countries/lebanon/lang--en/index.htmhttp://www.ilo.org/beirut/countries/lebanon/lang--en/index.htmhttp://www.ilo.org/beirut/countries/lebanon/lang--en/index.htmhttp://www.ilo.org/beirut/publications/WCMS_240134/lang--en/index.htmhttp://data.unhcr.org/syrianrefugees/country.php?id=122http://www.telegraph.co.uk/news/worldnews/middleeast/syria/10737682/Syria-civil-war-kills-over-150000-people-in-three-years.htmlhttp://www.telegraph.co.uk/news/worldnews/middleeast/syria/10737682/Syria-civil-war-kills-over-150000-people-in-three-years.html
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    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

    NUMBERS AND FACTS OF SYRIAN CHILD LABOUR IN LEBANON

    UNICEF estimates that one in ten Syrian refugee children are engaged in child labour, but the

    prevalence is probably even higher since many children work intermittently, picking up short-

    term jobs that may change from day to day. It is furthermore difficult to identify working

    children in both urban and rural contexts because refugee populations are often so dispersed.

    Since child labour is illegal in Lebanon, employers and refugee families are hiding the

    problem, fearing ramifications if identified.7 A recent study by the International Labour

    Organization (ILO) shows that half of the Syrian 10-14 years olds are currently looking for

    work and furthermore, that a majority of the Syrian working children are boys.8

    Despite being a party to the ILO fundamental treaties on child labour,9the government

    has its mandate in the formal sector of the economy, but much of the child labour is occurring

    in the informal sector, street trades, and family-based agriculture, these being the branches in

    which the Syrian refugee children are mostly working within.10 Many children work in

    hazardous or demeaning environments for long hours. Dangerous forms of child labour are

    more usual in urban and rural areas than inside camps, where the work tend to be limited to

    service and retail jobs. Children in construction and agriculture risk being exposed to

    dangerous and heavy machinery, harsh sun and pesticides; for those children selling items or

    begging through car windows at busy intersections, the risk of accidents is high.11

    WHY CHILD LABOUR?

    Child labour can be directly linked to the basic survival of refugee families: The principle

    reason for Syrian parents in Lebanon sending their children to work is to provide essential

    support for the household, the second reason being working because of the absence of a

    5I.L.O. ASSESMENTsupran. 3 at 22.

    6INTER PRESS SERVICE, MORE KIDS PUSHED INTO LABOUR IN LEBANON (Aug. 7, 2013) available

    athttp://www.ipsnews.net/2013/08/more-kids-pushed-into-labour-in-lebanon/.7U.N.H.C.R., The Future of Syria: Refugee Children in Crisis, Children at Work, available at

    http://unhcr.org/FutureOfSyria/children-at-work.html[hereinafter: Children at Work].8I.L.O. ASSESMENTsupran. 3 at 22.

    9I.L.O., Labour Standards, Normlex, Ratifications for Lebanon, available at

    http://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:103147[hereinafter

    Ratifications for Lebanon].10I.L.O. ASSESMENTsupran. 3 at 22.

    11Children at Worksupran. 7.

    http://www.ipsnews.net/2013/08/more-kids-pushed-into-labour-in-lebanon/http://www.ipsnews.net/2013/08/more-kids-pushed-into-labour-in-lebanon/http://www.ipsnews.net/2013/08/more-kids-pushed-into-labour-in-lebanon/http://unhcr.org/FutureOfSyria/children-at-work.htmlhttp://unhcr.org/FutureOfSyria/children-at-work.htmlhttp://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:103147http://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:103147http://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:103147http://unhcr.org/FutureOfSyria/children-at-work.htmlhttp://www.ipsnews.net/2013/08/more-kids-pushed-into-labour-in-lebanon/
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    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

    12I.L.O. ASSESMENTsupran. 3 at 22.

    13Children at Worksupran. 7

    14Seesupra, page 1.

    15I.L.O. ASSESMENTsupran. 3 at 20.

    16I.L.O., REGIONAL OFFICE FOR THE ARAB STATES, NATIONAL STUDY ON WORST FORMS OF

    CHILD LABOUR IN SYRIA 20 (Apr. 11, 2012) available at

    http://www.ilo.org/beirut/publications/WCMS_204043/lang--en/index.htm.17

    Id., at. 107.18

    Children at Worksupran. 719

    It ratified the 1973 Minimum Age Convention (C138) in 2003 (with the minimum age of 14 specified) and the

    1999 Worst Forms of Child Labour Convention (C182) in 2001, SeeRatifications for Lebanon,supran. 9.20Constitution of the International Labour Organisation, Art. 22, Apr. 1, 1919 available at

    http://www.ilo.org/dyn/normlex/en/f?p=1000:62:0::NO:62:P62_LIST_ENTRIE_ID:2453907:NO.

    http://www.ilo.org/beirut/publications/WCMS_204043/lang--en/index.htmhttp://www.ilo.org/beirut/publications/WCMS_204043/lang--en/index.htmhttp://www.ilo.org/dyn/normlex/en/f?p=1000:62:0::NO:62:P62_LIST_ENTRIE_ID:2453907:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:62:0::NO:62:P62_LIST_ENTRIE_ID:2453907:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:62:0::NO:62:P62_LIST_ENTRIE_ID:2453907:NOhttp://www.ilo.org/beirut/publications/WCMS_204043/lang--en/index.htm
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    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 bebeneficial 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.

    21I.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-of-

    experts-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), 103rd

    ILCSess. (2014) available at

    http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3133585:NO.

    http://www.ilo.org/global/standards/applying-and-promoting-international-labour-standards/committee-of-experts-on-the-application-of-conventions-and-recommendations/lang--en/index.htmhttp://www.ilo.org/global/standards/applying-and-promoting-international-labour-standards/committee-of-experts-on-the-application-of-conventions-and-recommendations/lang--en/index.htmhttp://www.ilo.org/global/standards/applying-and-promoting-international-labour-standards/committee-of-experts-on-the-application-of-conventions-and-recommendations/lang--en/index.htmhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:2316785:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:2316785:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3083564:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3083564:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3133585:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3133585:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3133585:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3083564:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:2316785:NOhttp://www.ilo.org/global/standards/applying-and-promoting-international-labour-standards/committee-of-experts-on-the-application-of-conventions-and-recommendations/lang--en/index.htmhttp://www.ilo.org/global/standards/applying-and-promoting-international-labour-standards/committee-of-experts-on-the-application-of-conventions-and-recommendations/lang--en/index.htm
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    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.25However, 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 measuresto 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.26In 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, itmight seem a bit peculiar that the CEACR still hasnt even mentioned the situation of the

    Syrian refugee children in its comments.

    25Id.; C.E.A.C.R., 2012 Obs. 138,supran. 23.

    26I.L.O., C.E.A.C.R., 2012 Direct Request to Lebanon Worst Forms of Child Labour Convention (No. 182),

    102nd

    ILC Sess. (2013) available at

    http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3083634:NO.27

    I.L.O., C.E.A.C.R., 2013 Pending Direct Request to Lebanon Worst Forms of Child Labour Convention (No.182), 103

    rdILC Sess. (2014) available at

    http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3133621:NO.

    http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3083634:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3083634:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3133621:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3133621:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3133621:NOhttp://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3083634:NO
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