Texts of pending comments

Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to section 1 of Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service, according to which young persons (male and female) who have completed their studies, and who are surplus to the requirements of the armed forces, may be directed to work in the development of rural and urban societies, agricultural and consumers’ cooperative associations, and work in production units of factories. The Committee considered that these provisions were incompatible both with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which provide for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development. In this regard, the Government indicated that the draft amendments to Act No. 76 of 1973 were under examination by the legislative committee within the Ministry of Labour in order to be submitted without delay to the Parliament.

The Committee notes the Government’s information in its report that the draft amendments, which are in line with both the Conventions on forced labour are in the process of being finalized. The Government indicates that the amendments ensure that the participation of young persons in the civic service are done on a voluntary basis and that their rights are fully protected. In this regard, the Committee notes the Government’s information that according to the draft amendments, section 1 of the General (Civic) service states that the performance of civic service, which extends to one year, is a transitional stage between graduation and commencing employment. Male and female recruits are commissioned to perform civic service, specifying the priority areas of work, while the local committees identify the appropriate areas of work for their recruits according to each governorate’s needs. The recruits are liable to undergo training in specific programmes. In assigning civic service to young people, their preferences, proximity of the service unit, their specialization and qualifications are taken into consideration so that they perform their service in decent jobs. These recruits enjoy the same rights as government employees in respect of leave, work-related injuries and health care. After completion, the recruits are issued a certificate of performance which shall be added to their period of civil service. The Committee also notes the Government’s indication that no sanctions are imposed on recruits who have not performed their civic service. It further notes the Government’s information concerning the grounds for granting exemptions from civic services.

The Committee observes that the draft amendments to Act No. 76 of 1973, appear to establish the compulsory call-up to perform work of a non-military character, which falls within the scope of this Convention and hence should be prohibited. The Committee once again recalls that, as regards national service obligations imposed outside emergency situations, only compulsory military service is excluded from the scope of the Convention, subject to the condition that it is used “for work of a purely military character” (Article 2(2)(a)), this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes. In order to avoid any ambiguity in the interpretation and to bring the legislation into line with the Convention, the principle that such non-military tasks are restricted to emergencies or performed exclusively by volunteers should be clearly reflected in the legislation (see General Survey on the fundamental Conventions, 2012, paragraph 288). The Committee therefore urges the Government to take the necessary measures to ensure that Act No. 76 of 1973 is amended in such a way as to ensure that no young persons are obliged to perform civic service, except on a voluntary basis, in accordance with both Convention Nos 29 and 105. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the above legislation in practice, including information on the number of persons who have performed such service on an annual basis, the number of persons who have applied for exemption from such service, the number of those whose applications have been refused and the reasons for such refusal.

The Committee is raising other matters in a request addressed directly to the Government.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Legislative and institutional framework and law enforcement. The Committee previously requested the Government to provide information on the application of Act No. 64 of 2010 on Combating Human Trafficking in practice, as well as the measures taken to combat trafficking in persons within the framework of the third National Plan of Action (NAP) against Human Trafficking (2016–21) and the results achieved.

The Committee notes the Government’s detailed information in its report on the measures undertaken within the framework of the third NAP, 2016–21. According to this information: (i) eight specialized judicial chambers were assigned to handle cases related to trafficking in persons; (ii) the Department of Illegal Migration and Human Trafficking was established in the Ministry of Interior’s Anti-Drug and Organized Crime Sector; and (iii) a unit for illegal migration and human trafficking was set up at all security directorates in the governorates. The Government indicates that these measures have led to a steady increase in the number of investigations on human trafficking cases. The Committee also notes the Government’s information that 21 specialized trainings were conducted, for a total of 673 officials, including prosecutors, judges, police, social workers, members of civil society organizations, public information officers, diplomats and media officials. These trainings which were conducted through mutual cooperation and collaboration with the International Organization for Migration (IOM) and the United Nations Office on Drugs and Crime (UNODC), focused mainly on the identification of victims of trafficking, assistance and applying victim referral mechanisms, procedures for international collaboration, investigation, prosecution and application of penalties. In addition, the National Council for Childhood and Motherhood (NCCM) issued several guidance manuals for law enforcement officials on evidence collection, investigation and prosecution of trafficking in persons offences. Moreover, the Government has signed 12 bilateral agreements with other States to regulate the employment of Egyptian workers in these States and to protect their rights and ensure that they do not fall prey to the crime of human trafficking. A number of memoranda of judicial collaboration have been signed between the Egyptian Public Prosecution office and its counterparts in several States, particularly in the area of combating organized crime, including human trafficking. The Committee further notes the Government’s information that in 2019, there were 154 reported cases of trafficking in persons, resulting in 10 convictions and one acquittal, while 31 cases were dismissed and 112 cases are pending. With regard to the penalties imposed on perpetrators of trafficking in persons, the Committee notes that Act No. 64 of 2010 provides for penalties involving life imprisonment and fines (section 6) and imprisonment for anyone who induces another to commit a crime of trafficking in persons (section 10). However, the Government has not provided any information concerning the penalties imposed for the ten convictions obtained in 2019. The Committee requests the Government to continue to provide information on the application of Act No. 64 of 2010 on Combating Human Trafficking in practice, including the number of investigations, prosecutions and convictions, as well as the specific sanctions imposed on perpetrators of trafficking. It also encourages the Government to continue its efforts to combat trafficking in persons including through the adoption of a new NAP and to continue providing information on the measures taken in this regard.

Prevention. The Committee notes the Government’s information that several publications and booklets were issued, videos and films were aired, and interviews and images were released on various medias to raise the public awareness to the dangers of trafficking in persons, and to measures to address and report such cases. Moreover, awareness-raising events were organized, including the marking of the World Day Against Trafficking in Persons with the participation of diplomatic missions and UN agencies in Egypt, along with all concerned national bodies; and through participation in the global “Blue Heart Campaign” to fight human trafficking. The Government also indicates that measures were taken to increase the channels for reporting the crime of trafficking in persons, including through raising the capacity of the hotlines at the NCCM, the National Council for Women (NCW) and the National Council for Human Rights (NCHR). The Committee encourages the Government to continue its efforts to prevent trafficking in persons and to provide information on the measures taken in this regard.

Protection and assistance to victims. The Committee notes the Government’s information that the National Referral Mechanism for victims of trafficking, which includes all law enforcement bodies, the NCW , the NCCM, the NCHR and other authorities competent to identify victims of trafficking, is operational since 2012. The Government further provides detailed information on the procedure to be followed in the event of identifying a victim of trafficking or after receipt of a complaint relating to human trafficking. This includes referring the victims to a shelter with appropriate assistance. The NCCM received five complaints in 2019 which were referred to the Public Prosecutor’s Office while the victims were referred to the shelter for victims of trafficking and provided with appropriate services. The Committee also notes the Government’s indication that the Legal Committee of the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons (NCCPIM & TIP) has finalized the draft law on the Assistance Fund for Victims of Human Trafficking to provide financial assistance to victims of trafficking for their rehabilitation and social integration programmes. The Committee requests the Government to indicate the progress made with regard to the adoption of the law on the Assistance Fund for Victims of Human Trafficking and to supply a copy, once it has been adopted. It also encourages the Government to continue taking effective measures, including through the National Referral Mechanism, to identify victims of trafficking and to ensure that they are provided with appropriate protection and assistance, as well as to provide information on the number of victims of trafficking who are accommodated in the shelter and are benefiting from such protection.

2. Freedom of career military personnel to leave their service. For a number of years, the Committee has been referring to section 141 of Act No. 232 of 1959, according to which military officers’ service may not be terminated until the application for resignation is accepted. The Committee noted that, under the above provision, the application to resign may be either accepted or refused. It also noted that section 141 does not establish the criteria to be used to decide whether a resignation request will be accepted. The Committee requested the Government to indicate the criteria in accepting or rejecting a resignation request by career military personnel.

The Committee notes the Government’s statement that Article 2(2) of the Convention excludes “any work or service exacted in virtue of compulsory military service laws for work of a purely military character” and hence this service in question does not fall within the scope of the Convention. Referring to paragraph 290 of the General Survey of 2012 on the Fundamental Conventions , the Committee recalls that under the Convention, career military personnel and other persons in the service of the State, who have voluntarily entered into an engagement, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore once again requests the Government to indicate the criteria applied in accepting or rejecting a resignation request by career military personnel as well as the number of cases in which such requests were refused and the grounds for refusal.

The Committee takes note of the observations made by Public Services International (PSI) on behalf of the Center for Trade Union Workers’ Services (CTUWS) received on 1 September 2021 and those of the International Trade Union Confederation (ITUC) received on 6 September 2021 on matters concerning the application of the Convention in law and in practice. The ITUC refers in particular to acts of anti-union discrimination and persecution allegedly suffered by representatives of trade unions established in government departments. While noting the receipt on 24 November 2021 of the Government's comments in Arabic in response to these observations, which it will examine in detail with the Government's next report, the Committee trusts that all measures are being taken to ensure that the persons concerned enjoy the guarantees of the Convention.

Articles 1, 2 and 3 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to indicate the legislative provisions which ensure full protection in respect of acts of anti-union discrimination and interference and specifically to indicate the sanctions and remedies provided for this purpose.

The Committee takes due note of the Government’s indication that the Trade Union Organizations Law No. 213 of 2017 prohibits employers from taking any measure that impedes the exercise of union activity under penalty of a fine of not less than 5,000 Egyptian pounds and not exceeding 10,000 pounds (approximately US$320 to US$640). Further measures of protection are afforded through procedural safeguards for dismissal or transfer of trade union officers or candidates. Additional penalties are provided if the employer refrains from implementing a final court judgment. As for the draft Labour Code, the Government indicates that numerous methods and mechanisms afford protection for workers, including conciliation, mediation and arbitration, and further refers to the provisions on the establishment of labour courts.

Articles 4 and 6. Collective bargaining for public servants not engaged in the administration of the State. The Committee recalls that its previous comments concerned the exclusion from the scope of application of the draft Labour Code of the right to collective bargaining of civil servants of state agencies, including civil servants of units under local governments. The Committee notes that the Government refers once again to the Trade Union Organizations Law under which all civil workers have the right to form and join unions and to enjoy all the rights and privileges afforded to such organizations, including collective bargaining and consultation to defend their rights.

The Committee is however obliged to observe once again that the Trade Union Organizations Law does not establish mechanisms and procedures for the engagement in collective bargaining, while the draft Labour Code has entire chapters devoted to collective bargaining, collective agreements and collective disputes. The Committee also recalls that while Act No. 81 on the civil service and its implementing decree created a Civil Service Council with an advisory role as well as human resources committees in each department: (i) these bodies are mainly composed of representatives of the administration and a trade union representative whose appointment is mainly the responsibility of the Federation of Egyptian Trade Unions; and (ii) the law and its decree make no mention of other forms of representation of public service personnel or of collective bargaining mechanisms open to them.

Moreover, the Committee notes the PSI request that civil workers not be excluded from the Labour Law so that they may be able to engage in collective bargaining as set out therein. Recalling that Article 4 of the Convention provides that measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers' organizations and workers' organizations, with a view to the regulation of terms and conditions of employment by means of collective agreement, the Committee requests the Government, in consultation with the social partners, to take the necessary measures, for example, by revising Act No. 81 or by extending the scope of the Labour Code, to ensure that civil servants not engaged in the administration of the State have an effective framework in which they may engage in collective negotiations over their working and employment conditions through the trade union of their choice. The Committee requests the Government to provide information on the steps taken in this regard.

Finally, the Committee recalls that it has been raising comments relating to restrictions on collective bargaining rights in the Labour Code No. 12 of 2003 for several years, many of which would appear to be addressed in the draft Labour Code. Noting the Government’s indication that it will send a copy of the new Labour Code as soon as it is adopted, the Committee trusts that the Code will be adopted in the very near future so as to ensure greater conformity with the Convention and requests the Government to provide information on the progress made in this regard.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views, or views ideologically opposed to the established political, social or economic system. Since 1964, the Committee has been drawing the Government’s attention to certain provisions under which penal sanctions involving compulsory prison labour (pursuant to sections 16 and 20 of the Penal Code) may be imposed in situations covered by Article 1(a), namely:

– sections 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibit the following: advocacy, by any means of opposition to the fundamental principles of the socialist system of the State; encouraging aversion or contempt for these principles; constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;
– sections 98(b) and (b)bis, and 174 of the Penal Code concerning advocacy of certain doctrines;
– section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970, regarding the dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;
– section 188 of the Penal Code concerning the dissemination of false news which may harm the public interest.

It noted that the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association in his report of June 2017, reiterated his utmost concern at the serious escalation of the crackdown on independent civil society, including on human rights defenders, lawyers, trade unionists, journalists, political opponents and protestors in Egypt (A/HRC/35/28/Add.3, paragraph 548).

The Committee notes the Government’s information in its report that offences under sections 98(b), 98(b)bis and 174 of the Penal Code shall be punished with imprisonment only if it involves the use of force or violence or terrorism. The Committee, however, observes that the provisions under sections 98 (b)bis and 174 of the Penal Code do not refer to the use of force or violence for prescribing the penalties of imprisonment. The Committee therefore urges the Government to ensure that sections 98(b), 98(b)bis and section 174 of the Penal Code are amended, without delay, by clearly restricting the application of these provisions to situations connected to the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. It requests the Government to provide information on any measures taken in this regard.

With regard to sections 98(a)bis and 98(d) of the Penal Code, the Committee notes that penalties of imprisonment shall be imposed for their violation. The Committee notes that pursuant to section 16 of the Penal Code all those convicted and sentenced to a penalty of imprisonment are obliged to perform labour within or outside the jail. However, according to section 24 of Law No. 396 of 1956 on Prison Regulations, persons sentenced to simple imprisonment may not work, unless they so wish. Furthermore, section 2 of Decision No. 79 of 1961 on Prison Regulations require persons sentenced to simple imprisonment to submit a written request if they wish to work. Noting that section 16 of the Penal Code provides for the obligation to perform compulsory labour by persons sentenced to imprisonment, the Committee requests the Government to ensure that no form of compulsory labour is imposed in circumstances covered under sections 98(a)bis and 98(d) of the Penal Code.

The Committee further notes that the penalties prescribed for the violation of the provisions of sections 80(d), 98(b), 98(b)bis, 102bis and 188 of the Penal Code, shall be detention. The Committee observes that the Penal Code does not indicate whether persons convicted to detention are under an obligation to work either within or outside the prison. The Committee therefore requests the Government to clarify whether persons convicted to detention as per sections 80(d), 98(b), 98(b)bis, 102bis and 188 of the Penal Code are obliged to perform compulsory labour and to provide a copy of the provisions that substantiate otherwise.

Furthermore, the Committee, in its previous comments, noted the following provisions that are enforceable with sanctions of imprisonment which may involve an obligation to perform labour in prison:

– section 11 of Act No. 84/2002 on non-governmental organizations prohibits associations from performing activities threatening national unity, violating public order or calling for discrimination between citizens on the grounds of race, origin, colour, language, religion or creed;
– sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibit the following acts: attacking the religious faith of third parties; inciting prejudice and contempt for any religious group in society; and attacking the work of public officials.

The Committee notes the Government’s information that Law No 84 of 2002 has been repealed by Act No. 70 of 2017 on Associations and other Foundations in the field of Civil Work. However, the Committee notes that the activities under section 14 of Act No. 70 of 2017, correspond to those set forth under section 11 of the former Act for which penalties of imprisonment for one year or more shall be prescribed. In this regard, the Committee notes that according to section 20 of the Penal Code, the judge shall hand down a sentence of hard labour (penal servitude) whenever the period of punishment exceeds one year. In all other cases, a light confinement sentence or hard labour may be handed down. The Committee urges the Government to take the necessary measures to amend the above-mentioned provisions, either by repealing them, by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour with other kinds of sanctions (e.g. fines), in order to ensure that no form of compulsory labour (including compulsory prison labour) may be imposed on persons who, without using or advocating violence, express certain political views or oppositions to the established political, social or economic system. It also requests the Government to provide information on any progress made in this regard.

As regards Act No. 96 of 1996, the Government indicates that it has been repealed by Act No. 180 of 2018 Regulating the Press, Media, and the Supreme Council for Media Regulation which decriminalizes press offences. The Committee notes with interest that the list of sanctions for violations of Act No.180 of 2018, published in the Official Gazette on March 18, 2019, does not include imprisonment (which could involve an obligation to perform work).

Application in practice. The Committee requests the Government to provide information on the application in practice of the abovementioned provisions, including copies of the court decisions, and indicating the prosecutions carried out, the penalties imposed and the grounds for such decision.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views, or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted the following provisions under the national legislation under which penal sanctions involving compulsory prison labour (pursuant to sections 16 and 20 of the Penal Code) may be imposed in situations covered by Article 1(a), namely:

-section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and by Act No. 93 of 28 May 1995, regarding the production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, or emphasizing aspects which are not appropriate;
-the Meetings Act (No. 10 of 1914) and the Right to Public Meetings and Peaceful Assemblies Act (Act No. 107 of 2013, section 9) granting general powers to prohibit or dissolve meetings, even in private places.

The Committee notes the Government’s information in its report that pursuant to Act No 10 of 1914 and Act No 107 of 2013, no penalties shall be imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. Thus, only using violence or carrying weapons and any other tools that endanger the life and property of citizens, or affect the course of justice, public utilities, destruction of roads and transportation, or any other act that falls outside the scope of exercising the right to demonstrate peacefully and legitimately, shall be punished. The Committee notes that as per section 72 of Act No 107 of 2013, imprisonment for not more than one year and a fine shall be imposed on whoever conducts any prohibited activities contained in section 9 of the Act. In this regard, the Committee notes the Government’s information that penalties involving imprisonment for less than one year do not lead to compulsory labour under section 20 of the Penal Code.

The Committee further notes the Government’s indication that section 178(3) of the Penal Code has been amended by Act No. 93 of 1995 such that the penalty prescribed for its violation shall be fines instead of imprisonment. The Committee requests the Government to supply a copy of Act No. 93 of 1995.

Article 1(c). Sanctions involving compulsory labour as a means of labour discipline. Seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of Act No 167 of 1960 on Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, according to which penalties of imprisonment (involving compulsory labour) may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) prohibits the exaction of compulsory labour as a means of labour discipline. It observed that, in order to be compatible with the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons. The Committee previously noted the Government’s indication that the above Act was being amended.

The Committee notes the Government’s information that according to section 4 of the Act, if a violation under this Act has been established, the offender shall be referred to the disciplinary Committee and that there shall be no criminal proceedings and the penalties shall be disciplinary. However, pursuant to section 14 the penalty of imprisonment shall exceptionally be considered if the offence is committed by more than three persons and following prior agreement between two of them, and this is in rare cases. The Government further indicates that Act No 167 of 1960 is in the process of undergoing amendments in order to harmonize its provisions with the Convention. The Committee reiterates its hope that the necessary measures will be taken to revise the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, in order to bring sections 13(5) and 14 into conformity with the Convention. The Committee requests the Government to supply a copy of the amended text, as soon as it is adopted.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for participation in strikes. For many years, the Committee has been referring to sections 124, 124A and B, and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment for up to one year (with the possibility of doubling the term of imprisonment), which may involve compulsory labour pursuant to section 20 of the Penal Code. It noted the Government’s statement that while the penalty of hard labour (Act No. 169 of November 1981) has been abolished, prisoners have to perform work according to Law No. 396 of 1956 on Prison Regulations as well as section 20 of the Penal Code which aims at rehabilitating prisoners and providing them with the appropriate training and skills.

The Committee notes the Government’s detailed information concerning the obligations under the International Covenant on Civil and Political Rights and on the provisions under the Constitution on reforming and rehabilitating convicts and Act No 396 of 1956 regulating the employment and working conditions of prison inmates. The Government thus states that the sentence of imprisonment accompanied by labour is not deemed forced or compulsory labour. In this regard, the Committee once again recalls that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons participating peacefully in a strike. Therefore, the Committee once again urges the Government to take the necessary measures to repeal or amend the above provisions of the Penal Code, so that no sanctions involving compulsory prison labour can be imposed for the mere fact of persons peacefully participating in strikes. Pending the adoption of such measures, the Committee requests the Government to provide copies of court decisions passed under the above-mentioned sections of the Penal Code in order to assess their application in practice.

Labour inspection. The Committee previously requested the Government to continue providing information on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate, as well as on the number of persons prosecuted and the penalties imposed.

The Committee notes the Government’s indication in its report that, in furtherance of the goal aspired to by the Ministry of Manpower and its directorates of combating the phenomenon of child labour, the labour inspectorate has monitored and carried out inspections to assess the degree of their compliance with the Labour Code (Act No. 12 of 2004), the Child Act No. 126 of 2008, and the Ministerial Decision No. 118 of 2003 prohibiting hazardous jobs for children below the age of 18. In this regard, the Government indicates that, between 2018 and 2021, 41,807 establishments were inspected and 10,447 warnings were issued, resulting in the protection of 47,383 children.

The Committee observes, however, that the Government does not provide specific information on the number of cases of child labour that were discovered, or on the number of penalties applied. The Committee once again requests the Government to provide information related specifically to the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate. It also once again requests that the Government provide information on the number of persons prosecuted and the penalties imposed.

Article 1 of the Convention. National policy on the effective abolition of child labour and application of the Convention in practice. The Committee previously noted that, according to the 2016 UNICEF report “Children in Egypt 2016: A Statistical Digest”, 7 per cent of children aged from 5 to 17 years were involved in child labour or hazardous work in 2014. The Committee noted the measures taken by the Government to combat child labour in Egypt, including the finalization of a National Action Plan on Combating the Worst Forms of Child Labour, but expressed its concern at the situation and number of working children in Egypt.

The Committee notes the Government’s indication in its report according to which it places great importance on curbing the phenomenon of child labour and seeks to do this through concerted national effort. In this regard, the Committee notes with interest the Government’s indication that it launched the National Action Plan to Combat the Worst Forms of Child Labour 2018–2025 (NAP-WFCL), in the framework of which several actions are being undertaken, including: (i) the implementation of the Programme to accelerate the action of the elimination of child labour in global supply chains 2018–2022 (ACCEL Africa), which aims to accelerate the elimination of child labour in Africa and, in the case of Egypt specifically, in the cotton supply chain and in the textile and readymade garment sector; (ii) the holding of a number of national workshops on the topic of “Strengthening capacities for analysing data on child labour and forced labour”, in collaboration with the ILO; (iii) the launch, in coordination with the Ministry of Manpower’s offices and directorates, of intensive inspection campaigns in the quarrying and brickwork sectors throughout all governorates in order to combat child labour and hazardous work; (iv) the review of existing child labour legislation; (v) the implementation of a number of training courses for labour inspectors/civil society associations/owners of workshops in the governorates where the phenomenon of child labour is most rife; and (vi) the set-up of a helpline as a mechanism for monitoring cases of child labour.

The Government indicates that such measures have had significant effects, including protecting a large number of children against being drawn into the labour market and integrating them into non-formal education programmes or the formal schooling system. The Committee notes in particular the Government’s indication that, as a result, 47,383 children were given protection. The Committee therefore encourages the Government to continue strengthening its efforts to ensure the progressive elimination of child labour. It requests that the Government continue providing information on the measures taken in the framework of the NAP-WFCL and the results achieved in terms of the number of children who are effectively removed from child labour. It also requests the Government to provide information relating to the application of the Convention in practice, including updated statistical data on the employment of children and young persons below the age of 15.

Article 6. Apprenticeship. The Committee previously noted that sections 26 and 58 of the draft Labour Code provided for a minimum age for admission to apprenticeship or training of 13 years. The Committee recalled that Article 6 of the Convention provides that training or apprenticeship performed in undertakings shall only be permitted for children of at least 14 years of age.

The Committee notes the Government’s information that the draft Labour Code still permits the engagement of children as of the age of 13 in apprenticeships, as long as it does not disrupt the continuity of their education. The Government indicates that measures are being taken to change the age for apprenticeship to 14 years, in accordance with international labour standards. The Committee therefore requests the Government to finalize their measures taken with a view to ensuring that sections 26 and 58 of the draft Labour Code are amended to raise the minimum age of admission to apprenticeship or training from 13 to 14 years of age, in accordance with Article 6 of the Convention.

Article 7. Determination of types of light work. The Committee previously noted the provisions of section 64 of the Child Law permitting children between the ages of 12 to 14 years, by decree of the governor concerned, with the agreement of the Minister of Education, to perform seasonal work which is not prejudicial to their health or development and does not interrupt their education. The Committee noted, at the time, that the minimum age for employment or work was 14 years in Egypt, but that it has since been raised to 15 years, in accordance with Article 2(2) of the Convention. The Committee observed that section 59 of the draft Labour Code maintains the ages set by the Child Law for admission to light work by referring to section 64 of the Child Law. It recalled that, in accordance with Article 7(1) of the Convention, light work is only permitted for persons from 13 to 15 years of age, given that Egypt has specified 15 years as the minimum age for admission to employment or work.

The Committee notes the Government’s information that it is reviewing some sections of the Child Law in order to come into line with international labour standards. It notes that, in the context of a tripartite Committee meeting held in February 2021 on the legislative gaps of the Child Law, it was recommended that the provisions of section 64 of the Child Law permitting children aged 12 to 14 to perform seasonal work should be abrogated because of the lack of clarity regarding the definition of term “seasonal work”. If this recommendation is implemented – and as the Government indicates in its report – section 64 of the Child Law will provide only that children may be engaged in trainings (“apprenticeships”) as of the age of 14 years, and there will be no provisions permitting children under the age of 15 to perform light work (seasonal or otherwise). The Committee therefore requests the Government to take the necessary measures to ensure that section 64 of the Child Law is amended either to raise the minimum age of admission to light work to 13 years, in accordance with Article 7(1) of the Convention, or to remove the possibility for children under the age of 15 to perform light work altogether, in accordance with the recommendations made by the tripartite Committee in the framework of the revision of the Child Law. The Committee requests the Government to provide information, in its next report, on the progress made in this regard.

The Committee is raising another matter in a request addressed directly to the Government.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously took due note of the Government’s information regarding the measures taken to reduce the school drop-out phenomenon. It noted, however, that according to the UNICEF report “Children in Egypt 2016: A Statistical Digest”, while the net enrolment rates at the primary level for the 2014/15 and 2015/16 school years were 91.1 and 92.4 per cent respectively, they remained lower at the lower secondary level (12–15 year-olds) at 83.8 and 83.4 per cent respectively.

The Committee notes the Government’s detailed information pertaining to the measures taken to continue improving the functioning of the education system. These include:

– Measures to increase enrolment rates: opening community schools throughout the country in all remote areas for six to 14 year olds; providing free education and health insurance for all pupils; providing meals to encourage pupils to keep attending school regularly; selecting 300 new schools to implement competency-based programmes in accordance with the plan for the academic year 2020-21; implementing advanced educational programmes in technical education at 105 schools during the 2019–2020 academic year.
– Measures to decrease drop-out rates at the primary education level: continuous coordination with the relevant authorities to reduce the drop-out rates at all stages of primary education; expanding community, child- and girl-friendly and single-classroom schools in areas that are most in need; switching to e-learning to reduce dropping out of school; coordinating with UNICEF to foster an environment at schools that is favourable to the integration of students with special educational needs and refugees.
– Measures taken to decrease drop-out rates at the secondary level: Providing opportunities for (vocational) skills training at training facilities to keep pace with the working environment and contribute to students’ self-realization by earning income that helps them to develop their abilities and subsequently proceed into the labour market; implementing the Industrial Apprenticeship Programme for trainees at private sector workshops and which endeavours to eliminate the worst forms of child labour; providing financial assistance to students in difficult economic circumstances to encourage them to continue studying and not to drop out of school in order to go into employment.

The Committee further notes, from the Government’s report under the Minimum Age Convention, 1973 (No. 138), that in the framework of the National Action Plan to Combat the Worst Forms of Child Labour 2018-2025 (NAP-WFCL), a project on “Strengthening the availability of educational opportunities and combating child labour” is being implemented, which sets out to tackle some of the most pressing issues affecting the poorest children in Egypt, such as nutrition, access to decent basic education and ending child labour. Furthermore, the Committee notes that the Government is continuing its partnership with UNICEF with a view to improving access to education for disadvantaged children, including through its 2018-2022 Programme of Cooperation (“Partnerships for Children”) and through a two-year collaboration beginning in 2021 to educate children from refugee and migrant communities in Egypt and improve their access to COVID-19 vaccinations. Considering that education is key in preventing children from being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed at increasing school enrolment rates and decreasing drop-out rates at the primary and lower secondary levels. It requests the Government to continue providing information on the measures taken or envisaged in this regard as well as on the results achieved, disaggregated by age and gender, in particular with regard to disadvantaged children and children from refugee and migrant communities.

Clause (e). Special situation of girls. The Committee previously encouraged the Government to continue its efforts to maintain gender parity in education and requested it to provide information on the measures taken in this regard and the results achieved.

The Committee notes the Government’s indication that several measures have been taken to facilitate girls’ access to all forms of education. These measures include: (i) awareness-raising campaigns on the importance of girls’ education; (ii) the establishment of 1,191 girl-friendly schools under the Girls’ Education Initiative Programme, distributed across rural subdivisions and villages, with the aim of reducing the educational gap by 2020; (iii) the holding of seminars for the families of pupils at such girl-friendly schools to raise awareness on how to protect their daughters from all forms of violence and abuse; and (iv) the establishment of a follow-up and continuous evaluation mechanism to maintain the promotion of girls’ access to education and equal opportunities.

Moreover, the Government indicates that the “Hayah Karima” (Decent Life) initiative has been launched, which is implemented in multiple ways by the Ministry of Manpower, including through vocational training and guidance, provision of decent job opportunities, ongoing inspection of women’s employment and examination of the problems that hinder women’s economic participation. In particular, vocational training programmes benefited 90 girls aged 14 to 18 between 2019 and 2021, and mobile training units which dispense training in various occupations benefited 6,565 trainees, among which 1,060 were girls and women. A number of projects (31,598 projects in 33 governorates) have also been implemented by the Ministry of Solidarity between 2019 and 2020 for girls and women in rural areas to promote their empowerment. Projects for rural women’s development and for training women in basic life skills and food production were provided to 31,598 participants. The Committee encourages the Government to continue its efforts to maintain gender parity with regard to education and vocational training, so as to ensure equal protection for girls from the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved, particularly with regard to girls from rural areas.

Articles 3(a), 6 and 7(1) of the Convention. Worst forms of child labour, programmes of action and penalties. Sale and trafficking of children. The Committee previously noted that a third National Plan of Action against Human Trafficking (NAP-HT) for the years 2016–21 was adopted, which aimed to maintain referral mechanisms, train law enforcement officials and combat the trafficking of street children. It requested the Government to provide information on the impact of the measures taken within the framework of the NAP-HT 2016–21, as well as on the measures taken to ensure the thorough investigation and robust prosecution of perpetrators of child trafficking for labour or sexual exploitation.

The Committee notes the Government’s information in its report that it is keen to boost child protection against crimes of trafficking or sexual exploitation. The Government provides detailed information on the measures undertaken in the framework of the NAP-HT 2016-21, which include: (i) the assignment of eight specialized judicial chambers to handle human trafficking offences, and the establishment of the Department of Illegal Migration and Human Trafficking of the Anti-Drug and Organized Crime Sector within the Ministry of Interior; (ii) the holding of specialized training courses for all employees of sectors concerned with combating human trafficking, including judges, public prosecutors, police officers, social workers, members of civil society organizations and others who are engaged in child protection and the combating of human trafficking; (iii) the establishment in 2020 of child protection offices by the Public Prosecutor, which work to overcome any obstacles that the Public Prosecutor or any other body might encounter in the course of implementing the child protection mechanism against trafficking, exploitation or exposure to danger; and (iv) the preparation of a number of specialized guidance manuals for those engaged in combating human trafficking offences, including the “Guide to Evidence Collection, Investigation and Prosecution of Human Trafficking Crimes and Protection of Victims in the Context of Law Enforcement”, intended for circulation among law enforcement authorities.

The Committee further notes, from the Government’s report under the Forced Labour Convention, 1930 (No. 29), that 154 cases of human trafficking were reported in 2019, resulting in 10 convictions. In addition, according to the replies of Egypt to the list of issues and questions raised by the Committee on the Elimination of Discrimination against Women (CEDAW) of 7 July 2021, 156 cases of trafficking were reported in 2020, affecting 365 victims, including 242 children; 30 people were accused in these cases (CEDAW/C/EGY/RQ/8-10, paragraph 59). The Committee requests the Government to continue taking the necessary measures, within the framework of the NAP-HT 2016-21 or otherwise, to ensure the thorough investigation and prosecution of perpetrators of child trafficking for labour or sexual exploitation, and to provide information on the convictions and penalties applied. In addition, the Committee requests the Government to provide information on the penalties applied in the cases of the 30 people accused of trafficking in 2020.

Article 3(b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 291 of the Penal Code provides for penalties for persons who violate the right of a child to protection against commercial sexual exploitation. It noted, however, that section 94 of the 2008 Child Law provides that the age of criminal responsibility starts at 7 years. Moreover, although section 111 of the Child Law prohibits handing down criminal sentences amounting to the death sentence, life imprisonment or hard labour to children under 18 years of age, it provides that children over 15 years of age are liable to confinement in jail for not less than three months or to the measures stated in section 101. In this regard, it noted that section 101 of the Child Law provides that a child under the age of 15 years who has committed a crime shall be subjected to the following sanctions: reprimand; being institutionalized; following a course of training and rehabilitation; carrying out specific duties; judicial testing; performing work for the public interest which is not hazardous; and placement at one of the specialized hospitals or at social welfare institutions. The Committee thus noted the provisions of the Child Law and of the Penal Code are insufficient to protect children who are used, procured or offered for the purpose of prostitution, as they allow for child victims of prostitution who are over 15 years of age to be held criminally responsible.

The Committee notes the Government’s indication that it has taken a series of measures to ensure that children below the age of 18 qualify for the definition of victims of trafficking, but notes with regret that the Government provides no information on measures taken to resolve the legislative gap created by section 111 of the Child Law. The Committee notes the Government’s information that it is reviewing some sections of the Child Law in order to come into line with international labour standards. It notes that, in this context a tripartite Committee meeting was held in February 2021 on the legislative gaps of the Child Law. However, it notes with concern that section 111 does not appear to be among the provisions being considered for amendment. The Committee once again reminds the Government that Article 3(b) of the Convention prohibits the procuring, offering of use of a child for prostitution, and that the child’s consent does not preclude it from the prohibition (see General Survey on the fundamental Conventions, 2012, paragraphs 508–509). Therefore, children 15 to 18 years of age who enter prostitution “on their own free will” are still victims of commercial sexual exploitation. The Committee once again urges the Government to take the necessary measures to ensure that all child victims of prostitution who are under the age of 18 years are treated as victims rather than offenders. To this end, the Committee urges the Government to amend section 111 of the Child Law - in the framework of the current revision process - to ensure that children under 18 years of age who are victims of prostitution are not criminalized and/or imprisoned.

Article 7(2). Effective and time-bound measures. Clauses (b) and (d). Providing the necessary and direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and identifying and reaching out to children at special risk. Child victims of trafficking and street children. The Committee previously noted that there were some 1 million street children in in Egypt. It noted that, according to a report by the National Centre for Social and Criminological Research, at least 20 per cent of street children, most of whom were in the age group of 6–11 years, were victims of trafficking who were exploited by a third party for sexual purposes and for begging. The Committee also took note of the establishment of the El Salam Centre for the rehabilitation and reintegration of child victims of exploitation, including child victims of trafficking, which provides secure, transitional accommodation, medical and legal assistance as well as assistance for their return and reintegration into society. It requested the Government to provide information on the number of child victims of trafficking under the age of 18 years who have been received by the El Salam Centre and rehabilitated and socially integrated, as well as on the impact of the measures taken to ensure that children under 18 years of age living and working on the streets are protected from the worst forms of child labour.

The Committee notes the Government’s information that protection of children against trafficking and sexual exploitation is provided for those who are taken off the streets and efforts are made to reintegrate them into society through care institutions and by providing them with the requisite psychosocial, educational, vocational and technical care, as well as consolidated psychosocial support for victims’ families. With regard to work done by the El Salam Centre, the Government provides the following information: (i) 11,245 children have been reached out to by the field team responsible for supporting children working on the streets who are exposed to exploitation; (ii) by the end of 2017, 4,111 children had benefited from the services provided by the day-care reception centre which works to reintegrate children into society and provides medical and other services. Work is under way to expand the operation of the centre to include child victims of trafficking; and (iii) by the end of 2017, there were about 60 children taken off the streets and provided with temporary accommodation in the transition house, where children are prepared and rehabilitated by individual case managers for reintegration into vocational training and education befitting the child’s age and circumstances.

The Government also provides other information on measures taken to protect children from the worst forms of child labour, including exploitation or trafficking, such as the establishment of four institutions throughout the country for the implementation of the “Takaful and Karama Programme (TKP)” by the Ministry of Social Solidarity, which aims to offer children aid for a decent life through several initiatives. By the end of 2020 3,072,016 children below the age of 18 had benefited from the programme, including 57,326 who had received a pension and 44,488 who had received scholarships. The Committee encourages the Government to continue its efforts to ensure that children under 18 years of age living and working on the streets are protected from the worst forms of child labour, particularly trafficking, commercial sexual exploitation and begging. The Committee requests the Government to continue providing information on the impact of the measures taken, including the number of children who have been removed from the streets, provided with assistance and socially integrated into education or vocational training, as well as on the number of child victims of trafficking under the age of 18 years who have been rehabilitated and socially integrated, either through the El Salam Centre or through other institutions.

The Committee is raising other matters in a request addressed directly to the Government.

Comments adopted by the CEACR: Egypt

Adopted by the CEACR in 2021

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)