Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that the relevant legislation only prohibits the sale and trafficking of children for the purpose of sexual exploitation and that Egypt does not have specific legislation prohibiting the sale and trafficking of children under 18 years of age for labour exploitation, but that the latter is considered as a kidnapping crime punishable by penal legislation. The Committee notes that article 4 of Law No. 126 of 2008 on Amending Provisions of the Child Law, Penal Code and Civil Status (Law No. 126), provides that section 291 shall be added to the Penal Code stating that “any person who sells, buys or offers a child for selling in addition to delivering, receiving or moving a child as a servant, sexually or commercially exploiting the same or employing him in compulsory work or other illegal purposes – even if the crime occurred abroad – shall be punished by maximum imprisonment for not less than five years and a fine of at least 50,000 pounds and maximum 200,000 pounds”. However, the Committee notes that the Penal Code and Law No. 126 do not appear to define the term “child”, in terms of the applicable age. The Committee expresses the firm hope that the prohibitions provided for in the new section 291 of the Penal Code are meant for all children under 18 years of age. It requests the Government to indicate which legal provision specifies the age until which the protection afforded to children under section 291 of the Penal Code is applicable.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 96 of the Child Law states that any child who practices activities connected with prostitution shall be considered guilty of “perversion”. It had therefore noted that children caught in such activities are treated as offenders rather than victims. The Committee notes the Government’s information that amendments will be made to the Child Law so as to provide that children under 12 years of age shall not be liable to a criminal offence when the crime is committed or when the child is exposed to any danger. However, the Committee notes that, according to the text of the Child Law dated October 2008, section 94 of the Child Law provides that criminal liability is lifted off children if they have not reached the age of 7 complete years, and section 97 provides that children under 7 years of age shall be considered liable to perversion in case they are found to fulfil the cases of perversion enumerated under section 96 of the Child Law, or if they commit an act constituting a felony or misdemeanour. The Committee further notes that section 111 of the Child Law provides that children aged between 15 and 16 years are liable to confinement in jail for not less than three months and that section 112 provides that young persons between that ages of 16 and 18 are liable to a prison sentence for up to a minimum of ten years. The Committee recalls that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution is prohibited. The Committee therefore urges the Government to ensure that child victims of prostitution are treated as victims rather than offenders. In this regard, it requests the Government to take immediate measures to ensure that children under 18 who are victims of prostitution are not liable to a criminal offence under national legislation.

Article 5. Monitoring mechanisms. 1. Labour inspectorate and child labour inspection units. Following its previous comments, the Committee notes the Government’s information that, this year, inspections were carried out in 41,618 undertakings that employ children, during which the number of children reached was 39,251. As a result, 9,083 undertakings were given warnings to remedy violations with regard to child labour, and 548 minutes were prepared for the violations detected. Furthermore, the Government indicates that the governorates of El Wadi El Gedid, northern and southern Sinai, Luxor and Aswan, were declared governorates free from the worst forms of child labour. The Committee also notes the Government’s information in its report under the Labour Inspection Convention, 1947 (No. 81), that 27 child labour inspection units were set up in different inspectorates for a total number of 87 inspectors. The Committee requests the Government to provide information on the extent and nature of violations detected by the labour inspectors of the child labour inspection concerning children working in the worst forms of child labour, and to provide extracts of their inspection reports.

2. Committees for the protection of childhood. The Committee notes the Government’s information that the new amendments to the Child Law will provide for new mechanisms for the protection of children through the establishment of committees for the protection of children at all police centres and departments. These committees will monitor and follow up on cases where children are exposed to danger, as well as intervene as a preventative measure and remedy any problems that should arise. Indeed, the Committee observes that, according to article 1, section 97, of Law No. 126, “a General Committee for Child Protection shall be established in each governorate” which, among other things, “shall undertake the design of the general politics in the governorate and the follow-up of implementing such policies”. The Committee requests the Government to provide information on the activities conducted by the committees for the protection of childhood with regard to children working in the worst forms of child labour. More particularly, it requests the Government to indicate the number of children working in the worst forms of child labour who were identified through the action of these committees, and then rehabilitated and integrated.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that, in January 2006, a National Campaign to Combat Child Labour was launched under the slogan “Red card to child labour” under the patronage of the First Lady of Egypt and in collaboration with the National Council for Childhood and Motherhood (NCCM) and the ILO Regional Office in Cairo. Furthermore, the Government indicates that the National Strategy to Combat Child Labour aims at removing children involved in hazardous work and at identifying children exposed to the threat of entering the labour market. In this regard, several experimental projects were carried out in six governorates. The Government indicates that the most important results of these projects include the following:

(a)   the publishing of a training manual aimed at bodies working on combating child labour;

(b)   the elaboration of a formula for monitoring and evaluation;

(c)   the preparation of a general framework for the application of the formula to combat child labour based on three main axes: monitoring, protection and prevention; and

(d)   the establishment of a database on working children.

The Committee requests the Government to provide information on the implementation of the National Campaign to Combat Child Labour and the National Strategy to Combat Child Labour and the results achieved in this regard. It also requests the Government to supply a copy of the statistics on working children collected in the database established in the framework of the National Strategy to Combat Child Labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 
1. Education. Following its previous comments, the Committee notes that, according to UNICEF statistics for 2000–06, the net primary-school enrolment ratio is 96 per cent for boys and 91 per cent for girls, while the primary-school attendance ratio is 96 per cent for boys and 94 per cent for girls. The net secondary-school enrolment ratio is 85 per cent for boys and 79 per cent for girls, and the secondaryschool attendance ratio is 72 per cent for boys and 67 per cent for girls. The Committee notes the Government’s statement that 25 consultative committees, composed of several government executive bodies and civil social organizations, were established to work on the issue of child labour in 25 governorates by formulating and carrying out effective and practical measures to eliminate the worst forms of child labour through education and the provision of services. The Government indicates that, as a result, 694 working children were returned to basic education; 7,852 working children joined literacy classes; 1,997 children joined vocational training centres; 2,911 children were provided with social services; 1,894 children were provided with health services; 233 children were provided with assistance; and further assistance, such as exemption from school fees, was provided to 85 children whose families could not afford to pay. Finally, the Committee notes that, according to a 2007 report on findings on the worst forms of child labour in Egypt available on the High Commissioner for Refugees web site (www.unhcr.org), the Government is participating in a
UN–World Food Programme (WFP) project to combat exploitative child labour through education which aims to withdraw 4,300 children and prevent 6,000 children from exploitative labour. The Government is also participating in, among others, a Norwegian-funded interregional (Egypt, Kenya, United Republic of Tanzania) ILO/IPEC project to combat child labour through education and training. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure free basic education and to keep children in school. It requests the Government to provide information on the results achieved by the UN–WFP and ILO/IPEC projects in terms of the number of children prevented from the worst forms of child labour through the provision of educational services. Finally, it asks the Government to provide updated statistical data on school enrolment and drop-out rates.

2. Trafficking of children for commercial sexual and labour exploitation. The Committee had previously noted that Egypt is a country of transit for child trafficking, particularly for underage girls from Eastern Europe and the former Soviet Union who are trafficked into Israel and parts of Europe for labour and sexual exploitation. The Committee notes the Government’s information that Egypt does not have a bad record for child trafficking compared to other countries. However, the Committee notes that, according to a report on the trafficking of persons for Egypt of 2008, available on the web site of the High Commissioner for Refugees (www.unhcr.org), Egypt is a source for children trafficked within the country for commercial sexual exploitation and domestic servitude, although the extent to which children are trafficked internally is unknown. The report also indicates that, in July 2007, the Government established the “National Coordinating Committee to Combat and Prevent Trafficking in Persons” (NCC), which improved intergovernmental coordination on anti-trafficking initiatives. The Committee also notes the Government’s information that, in 2007, the NCCM established a new unit which specializes in the issue of combating and stopping child trafficking. This unit aims to formulate guiding rules and principles to fight the phenomenon of child trafficking and propose appropriate policies and programmes in coordination with the NCC and relevant bodies. Furthermore, the Government indicates that a first awareness campaign was launched under the title “Stop human trafficking immediately”. The Committee urges the Government to redouble its efforts to protect children under 18 years from trafficking for labour or commercial sexual exploitation. It requests the Government to provide information on the number of children who have been prevented from this worst form of child labour through the activities of the NCC, of the special unit to combat child trafficking and through the awareness-raising campaigns.

Clause (b). 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. The Committee had previously noted that the NCCM and UNICEF announced the establishment of a national hotline to receive complaints of abused children, including child labourers. It has also noted that the NCCM established a Permanent Committee to combat all forms of violence against children, which will have branches in all governorates. However, the Committee notes that, according to the report on the trafficking of persons for Egypt of 2008, available on the web site of the High Commissioner for Refugees (www.unhcr.org), the Government does not offer protection services to victims of domestic servitude. Furthermore, the report indicates that Egypt continues to lack formal victim identification procedures, so victims of trafficking may be punished for acts committed as a result of being trafficked and that credible reports indicate that police sometimes arrest street children for prostitution or forced begging and treat them as criminals rather than victims. Consequently, the Committee urges the Government to ensure that children trafficked for labour or commercial sexual exploitation are treated as victims rather than offenders. It once again requests the Government to indicate whether the Permanent Committee to combat all forms of violence against children provides for the rehabilitation and social integration of children below 18 years who are victims of trafficking, prostitution and domestic servitude. The Committee requests the Government to indicate the number of former child victims of these types of worst forms of child labour who have been protected and rehabilitated as a result of the permanent committee, in its next report. If the permanent committee does not provide for rehabilitation and social integration, the Committee requests the Government to take effective and time-bound measures to ensure such rehabilitation and social integration of child victims of trafficking, prostitution or domestic servitude, as a matter of urgency.

Clause (d). Identifying and reaching out to children at special risk. 
1. Children working in agriculture. The Committee had previously noted that the Ministry of Manpower and Migration and the Ministry of Agriculture are collaborating to prevent underage children from working in the cotton harvesting sector and to provide children working legally with the necessary protection while engaging in agricultural activities. It notes the Government’s information that monitoring and follow-up systems for working children were established, within which inspections are conducted on commercial plantations with a large agricultural production. The child labour inspectors endeavour to enforce the legislation regarding children working in agriculture, and convene awareness‑raising symposia for employers in agricultural undertakings and their employees, in collaboration with the responsible staff in cooperatives, agricultural cooperatives and agricultural counsellors. The Committee requests the Government to provide information on the number of children who were prevented from performing hazardous work as a result of the activities conducted by the child labour inspectors in the agricultural sector.

2. Street children. The Committee had previously noted that urban areas are host to large numbers of street children who have left their homes in the countryside. It had also noted that, since 2003, the NCCM and UNICEF have been implementing the National Strategy for the Protection and Rehabilitation of Street Children which aims at rehabilitating and integrating street children back in society. The Committee further notes that, according to UNICEF information, Radio Cairo and UNICEF Egypt launched, in March 2007, a radio programme with regular segments entitled “Sizzling Sounds”, which is devoted to the cause of street children. However, the Committee notes that, according to the 2007 report on findings on the worst forms of child labour in Egypt, found on the web site of the High Commissioner for Refugees (www.unhcr.org), there are still between 600,000 and 1 million street children in Egypt. These street children, primarily boys, work in garbage collection, begging, assisting microbuses and vending. The report also indicates that street children in Egypt are particularly vulnerable to becoming involved in illicit activities, including pornography and prostitution. Noting the lack of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the implementation of the National Strategy for the Protection and Rehabilitation of Street Children and the results achieved in terms of protecting children under 18 years from the worst forms of child labour. In particular, it asks the Government to indicate the number of street children who have been rehabilitated and integrated pursuant to the implementation of this National Strategy.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes that, according to the country profile prepared for the UNESCO Education for All Global Monitoring Report of 2008 on non-formal education in Egypt (2008/ED/EFA/MRT/PI/63), one of the three main goals of the Ministry of Education’s policy, which explicitly aims at school-based development, includes girls’ education. The proposed strategies rely on support to initiatives of various providers. One of those providers is the NCCM, which aims to reduce the gender gap in seven governorates, targeting 281,123 girls out of a total of 6,130,584 girls outside formal schooling by building 5,119 classrooms. In this regard, 434 schools have been built and 10,674 girl students enrolled. The Committee also notes that, according to the regional overview of Arab States in the UNESCO Education for All Global Monitoring Report of 2008, the gender parity index in both primary and secondary education is on the rise in Egypt. However, according to that same report, Egypt is on the list of countries at risk of not achieving the gender parity goal in 2015 or even 2025. The Committee therefore requests the Government to redouble its efforts to achieve gender equality with regard to education so as to ensure equal protection to girls from the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the 2007 report on findings on the worst forms of child labour in Egypt, found on the web site of the High Commissioner for Refugees (www.unhcr.org), the NCC charged the National Centre for Criminological and Social Research to undertake a comprehensive study of the trafficking situation in Egypt. The Committee requests the Government to provide information on the progress made in regard to the study on the trafficking situation in Egypt and to provide a copy of the statistics collected in this regard once finalized. It also once again requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour in Egypt and the number of children covered by the measures giving effect to the Convention, as well as the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.