Tricked and Trapped: Human Trafficking in the Middle East, ‎pdf 4.1 MB

In Lebanon, the Government ratified the Palermo Protocol in October 2005
and adopted Law No. 164 on the Punishment for the Crime of Trafficking in
Persons, which came into force in August 2011. 7 The law prohibits all forms
of human trafficking and prescribes penalties of up to 15 years’ imprisonment
and the payment of a maximum fine of 600 times the official minimum wage
for perpetrators and their partners, accomplices or other instigators. 8 The
entry into force of this law marked a significant milestone for the country
in combating human trafficking. The law included a non-punishment clause
for victims, as well as provision for the confiscation of the perpetrator’s assets.
Gaps in protection remain, however, as no assurance is given of the victim’s
right to present his/her view at appropriate stages of criminal proceedings,
or to be protected during the court proceedings, as required under the
Palermo Protocol. 9 The law also states that a defendant may stay in Lebanon
during the period of the investigation but it does not require the issuing of
a temporary residence permit to the victim for the entire duration of the
legal proceedings. 10 Finally, the law lacks detail regarding the support and
protection that should be afforded to trafficked victims under the age of 18. 11
A recent legislative statute tried to clarify how the Minister of Justice might
enter into agreements with specialized institutions that assist and protect
victims of human trafficking. 12
7
Lebanon, Law of Punishment for the Crime of Trafficking in Persons, No. 164, 9 Jan.
2011, art. 586(1), identifies the nine different types of exploitation that are considered
acts punishable by law: prostitution or sexual exploitation; begging; slavery or slavery
practices; compulsory work; forced recruitment of children for use in armed conflicts;
forcible involvement in terrorist acts; and trafficking of organs.
8
Lebanon, Law of Punishment for the Crime of Trafficking in Persons, No. 164, 9 Jan.
2011, art. 586(1).
9
According to art. 6 (2) of the Palermo Protocol relating to the assistance and
protection of victims of trafficking in persons, each State Party shall ensure that its
domestic legal system contains measures to protect and assist the victims, such as to
enable their views and concerns to be presented and considered at appropriate stages of
criminal proceedings against the offenders.
10
Lebanon, Counter-Trafficking Working Group, Joint recommendations on the draft
law on the punishment of trafficking in Persons, 1 June 2011.
11
According to art. 6 (4) of the Palermo Protocol, each State Party “shall take into
account … the age, gender and special needs of victims, in particular the special needs
of children, including appropriate housing, education and care”. Also, art. 7(b) of ILO
Convention No. 182 states that the national law should “provide the necessary and
appropriate direct assistance for the removal of children from the worst forms of child
labour and for their rehabilitation and social integration”.
12
Lebanon, Implementation Decree No. 12 for Law No. 164, Statute defining terms
for entering into contracts with institutions and associations that help and protect
victims of trafficking in persons and [setting] the bases for extending assistance and
protection, 12 July 2012.
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