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. It also noted the adoption of the second National Plan of Action against Human Trafficking (2013–15).

The Committee notes the Government’s indication that, the National Plan Against Human Trafficking (2013–15) comprises three main objectives: (i) prevention, including the publication of reports/documents on vulnerable groups affected by trafficking in persons, the capacity building of law enforcement bodies, and the training of relevant civil society actors (teachers, social workers) on the issue of trafficking; (ii) protection, including the publication of guideline booklets on the protection provided to victims, the organization of training courses for the representatives of hotline services to provide advice and guidance to the victims, and the distribution of informative booklets in several languages in airports, ports, embassies and employment agencies; and (iii) criminal prosecution, including the organization of training courses for judges and prosecutors on the Combating Human Trafficking Act and the establishment of special anti-trafficking police units that would be developing a database on cases of trafficking in persons. Moreover, the Committee notes that a third National Plan of Action against Human Trafficking (2016–21) has been adopted and aims to maintain referral mechanisms, train law enforcement officials, and combat trafficking of street children.

While noting the measures taken, the Committee notes that the Government does not provide information on the number of investigations and prosecutions in cases of trafficking for labour or sexual exploitation. The Committee requests the Government to provide information on the measures taken to combat trafficking in persons within the framework of the third National Plan of Action against Human Trafficking (2016–21) and the results achieved. The Committee also requests the Government to provide information on the application of Act No. 64 of 2010 on Combating Human Trafficking in practice, indicating the number of prosecutions initiated, convictions and the penalties imposed on perpetrators of trafficking.

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 notes an absence of information in the Government’s report on this point. Recalling that career military personnel 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 requests the Government to indicate the criteria applied in accepting or rejecting a resignation request. The Committee also requests the Government to provide statistical information on the number of resignation requests submitted, number of resignations accepted or refused and, if applicable, information on the grounds for refusal.

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 regulate 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. The Committee also noted the Government’s indication 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 with interest that Act No. 47 of 1978 on public services was repealed by virtue of Act No. 81 of 2016 on the Civil Service. It notes that under section 69(2) resignation is one of the reasons of separation from service. It also notes that sections 169–173 of the Executive Regulations No. 1216 of 2017 on the Civil Service regulate the modalities of the resignation. Pursuant to section 169, civil servants may submit a request for resignation, which must be approved within 30 days. The approval of the resignation may be postponed if the request for resignation contains a condition or is coupled with a restriction, or for reasons related to the interests of the service, provided that the period of deferment shall not exceed 30 days.