CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Egypt (RATIFICATION: 1955)

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the adoption of Act No. 64 of 2010 on Combating Human Trafficking and requested the Government to provide information on the application in practice of the Act.

The Committee notes the first National Plan of Action against Human Trafficking (2011–13), which covered four main strategic areas: prevention, protection of victims, prosecution and punishment of perpetrators, and promotion of national and international cooperation. For each of these areas, activities were identified, a time frame was established and the specific objectives to be achieved by the relevant institutions were defined. The Committee also notes the evaluation on the implementation of the Plan of Action prepared by the national Coordinating Committee for Combating and Preventing Human Trafficking. In this regard, the Committee notes the indication in the evaluation report that, due to the political turmoil in recent years, the implementation of certain programmes and activities in the framework of the National Plan of Action had to be postponed. The report indicated, however, that activities to combat and prevent trafficking would continue to be carried out in the context of the second National Plan of Action (2013–15).

The Committee notes further the Government’s statement that information on the criminal proceedings initiated under Act No. 64/2010 has been requested from specialized bodies and will be communicated as soon as it is available. The Committee requests the Government to provide information on the implementation of the second National Plan of Action against Human Trafficking (2013–15), indicating, in particular, the measures adopted and concrete results achieved. The Committee also requests the Government to provide information on the application in practice of Act No. 64/2010 criminalizing trafficking in persons, including on the number of convictions and specific penalties applied, as well as on any difficulties encountered by the competent authorities in identifying victims and initiating legal proceedings.

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.

With regard to its request concerning the measures taken to ensure compliance with the Convention, the Committee notes the Government’s statement that Act No. 232 relates to military services and, therefore, complies with the scope of the exception admitted by Article (2)(2)(a) of the Convention (work of military character). The Committee recalls, however, that while compulsory military service is excluded from the scope of the Convention when it is used “for work of a purely military character”, career military personnel may not be denied the right to leave the service in peace time within a reasonable period, for example, by means of notice of reasonable length (2012 General Survey on the fundamental Conventions, paragraph 290). The Committee therefore reiterates its hope that the Government will indicate the criteria applied in accepting or rejecting resignation requests submitted in accordance with section 141 referred to above, as well as the measures taken to ensure compliance with the Convention on this matter.

3. Freedom of public servants to leave their service. In its previous comments, the Committee referred to section 99 of Act No. 48 of 1978 on public services and section 97 of Act No. 47 of 1978 concerning civil servants in public administration, which govern the resignation of public sector employees and public servants. The Committee noted that the decision to accept or reject a resignation request is taken within 30 days of its submission. If the decision is not notified within that period, the resignation is implicitly accepted, unless the request for resignation contains a condition or is coupled with a restriction, in which case a decision must be taken. Under these provisions, a request for resignation can be accepted or refused. In this connection, the Committee had previously noted the Government’s indication that Act No. 48 of 1978 had been applied to a very limited number of cases since the enactment of Act No. 203 of 1991 concerning the public sector. Additionally, the Government indicated that a draft law incorporating the right of public servants to resign without any condition and repealing the Act of 1978 was in the process of being adopted.

The Committee notes the Government’s statement in its latest report that the resignation of civil servants prescribed by Acts Nos 47 and 48 of 1978 is regulated by rules which are in conformity with the Convention. Noting this information, the Committee requests the Government to supply copies of the regulations governing the resignation of civil servants mentioned above, so as to enable it to assess that public servants are able to leave their service.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee previously referred to section 375 of the Penal Code, according to which the use of violence, brutality, terror, threats or illegal practices is punishable with penalties of imprisonment where they interfere with the right of any person to work or with the right to employ or refrain from employing any person whatsoever. The Committee noted the Government’s repeated statement that section 375, although general in scope, is also applicable to cases involving the illegal exaction of forced labour. In its 2010 report, the Government indicated that no legal proceedings had been initiated under section 375 in connection with the exaction of forced or compulsory labour.

The Committee notes that the Government’s latest report contains no new information on the application in practice of section 375 with regard to forced labour cases. In this connection, the Committee observes that an absence or low number of investigations and legal proceedings may, in some cases, be indicative of a limited capacity of law enforcement services to identify victims or collect evidence, as well as a lack of awareness of the general public, which may prevent victims from seeking assistance and legal advice. In light of the above considerations, the Committee requests the Government to provide information on the measures taken or envisaged with a view to strengthening the capacity of law enforcement agents for the prevention and investigation of forced labour cases, as well as to sensitize the general public and raise awareness of labour exploitation, forced labour and related issues, and on the difficulties encountered in these areas. The Committee requests the Government to continue to provide information on the application in practice of section 375 of the Penal Code in relation to forced labour cases, including on the number of convictions and specific penalties applied.