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[ Country-by-Country Reports ]
LEBANON (TIER 2)
[Extracted from U.S. State Dept Trafficking in Persons Report, June 2008]
Lebanon is a
destination for Asian and African women trafficked for the purpose of
domestic servitude, and for Eastern European and Syrian women trafficked for
the purpose of commercial sexual exploitation. Lebanese children are
trafficked within the country for the purpose of commercial sexual
exploitation and forced labor in the metal works, construction, and
agriculture sectors. Women from Sri Lanka, the Philippines, and Ethiopia
migrate to Lebanon legally, but often find themselves in conditions of forced
labor, through unlawful withholding of passports, non-payment of wages,
restrictions on movement, threats, and physical or sexual assault. During the
armed conflict in July 2006, Sri Lankan domestic workers reported being
restricted from leaving the country by their employers. Eastern European and
Syrian women come to Lebanon on “artiste” visas, but some become
victims of trafficking for commercial sexual exploitation when they are
subjected to coercive acts such as such as unlawful withholding of passports,
restrictions on movement, threats, and physical assault.
The Government
of Lebanon does not fully comply with the minimum standards for the
elimination of trafficking; however, it is making significant efforts to do
so. Nevertheless, Lebanon is placed on Tier 2 for its failure to provide
evidence of increasing efforts to combat trafficking over the previous year,
particularly in the area of law enforcement against trafficking of domestic
workers for forced labor and trafficking for commercial sexual exploitation.
Although it reported 17 prosecutions last year, the government failed to
convict or criminally punish anyone for trafficking offenses, despite ample
evidence of conditions of forced labor. In addition, the government continued
to lack victim protection services or a formal system to ensure that victims
are not punished.
Recommendations
for Lebanon: Significantly increase law enforcement activities against
trafficking offenses, including arrests, prosecutions, convictions, and
stringent jail punishments for abusive employers, recruitment agents, and
others culpable for trafficking; develop and institute a formal procedure to
identify victims of trafficking among vulnerable populations, such as women
arrested for illegal migration or foreign women arrested for prostitution;
and ensure that victims of trafficking are referred to protection services
rather than detained for crimes committed as a result of being trafficked,
such as immigration violations and prostitution.
Prosecution
Lebanon
did not make significant efforts to prosecute or criminally punish
trafficking offenses during the reporting period. Lebanon prohibits forced
prostitution through Article 524 of its penal code; prescribed punishment
under this statute is imprisonment for at least one year. In addition,
commercial sexual exploitation of a person under 21 years old is prohibited
by Article 523 of the penal code; the prescribed penalty for violation is
imprisonment of one month to one year. The Lebanese Penal Code does not specifically
prohibit forced labor, but Article 569’s prohibition against
deprivation of an individual’s liberty to perform a task could be used
to prosecute forced labor; the prescribed penalty under this statute is
temporary hard labor. The prescribed penalties for acts of sex trafficking
are not commensurate with those for other grave crimes, such as rape, and the
prescribed penalties for prostitution of children and forced labor are not
sufficiently stringent. Due to political constraints, during the reporting
period, no legislation could be passed in Lebanon, on trafficking or
otherwise. Domestic workers are not protected under Lebanese labor law
provisions. Despite the availability of these statutes and laws against
physical and sexual assault, the government reported no criminal
prosecutions, convictions, or punishments for trafficking offenses; this
represents a significant decrease from the 17 prosecutions reported last
year. Although police arrested one employer for attempting to murder his
domestic worker by beating her severely with a hammer on her back, shoulders,
and hands, he was later released without a prison sentence in exchange for
giving the worker $6,500; the case is being investigated. Under its
administrative laws, the government suspended the licenses of 11 recruitment
agencies and closed two for, among other violations, physically abusing
workers; nonetheless, no recruitment agent was criminally prosecuted or
punished for the abuse. Moreover, despite widespread reports of withholding
of passports—a potential indicator of forced labor—the government
did not report enforcing laws against this practice. Lebanon similarly did
not report any prosecutions, convictions, or punishments for the forced labor
or commercial sexual exploitation of children. Despite receiving 31 reports
of physical abuse, rape, and withheld wages among adult club employees, these
cases were settled out of court, and did not result in any prosecutions or
convictions for trafficking offenses.
Protection
The
Government of Lebanon did not make suffi- cient efforts to protect victims of
trafficking during the reporting period. Though government officials received
training on victim interview techniques paid for by UNODC and the NGO Caritas,
the government does not have a formal procedure to identify victims of
trafficking among vulnerable populations, such as foreigners arrested for
immigration violations or prostitution. As a result, victims of trafficking
were likely punished for acts committed as a result of being trafficked, as
foreign workers without valid residency and work permits are subject to
arrest, detention, and deportation. Consistent with government regulations,
it remains common for employers to force a domestic worker who breaks her
contract to repay residency and work permit fees, or pay for a paper
releasing her from her contract; there is no exception for workers who break
their contracts due to their employers’ abuse. Victims are neither
encouraged to participate in trials, nor offered legal alternatives to
deportation to countries where they would face hardship or retribution.
Rather, victims are often deported home before being given the opportunity to
testify against their traffickers. Lebanon does not offer protection services
to victims of trafficking; the government, however, referred nine trafficking
victims to NGO shelters during the reporting period.
Prevention
Lebanon
made minimal efforts to prevent trafficking in persons. The government
partnered with an NGO to produce a public awareness campaign on migrant
workers’ rights. In August, the Surete General and Ministry of Labor
met with recruitment agencies to warn them against trafficking workers. The
government did not take any steps to reduce the demand for commercial sex
acts in Lebanon. The government similarly did not institute a public
awareness campaign targeting citizens traveling to known child sex tourism
destinations.
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