CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Article 1 of the Convention and Part V of the report form. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted that, according to the 2005 report of the International Trade Union Confederation (ITUC), 6 per cent of children aged 5–14 are involved in labour activities, mostly in the agricultural sector (in both commercial and subsistence agriculture). The ITUC report also indicated that children often work in repair and craft shops, in the brick making and textile sectors and in leather and carpet-making factories. The ITUC report stated that there was evidence of employers who abuse, overwork and endanger child workers. However, the Committee also noted the numerous measures taken by the Ministry of Manpower and Migration (MoMM) within the framework of the National Child Labour Strategy (adopted in 2006). These measures included the creation of a central database on child labour, the provision of services to working children and their families, and the development of poverty-alleviation programmes to help prevent children from entering the labour force or to return to school.

The Committee notes the Government’s indication that, while the central database on child labour is still being developed, the Central Body for Public Mobilization and Statistics is undertaking a comprehensive survey on child labour, in collaboration with the ILO. The Committee also notes the Government’s statement that child labour is not as widespread as indicated in the ITUC report and that the statistics in the ITUC report do not reflect the present reality of the situation in Egypt, particularly in light of the efforts of the Government over the last year. In this regard, the Committee notes the information in a report on the UNICEF Egypt website (www.unicef.org/egypt) on working children, that the issue of child labour is difficult to quantify in the country, and that different studies offer divergent figures on the number of working children. This UNICEF report indicates that the variation between different studies is due to the fact that much of the work performed by children is difficult to measure, as it is seasonal (UNICEF indicates that over a million children are hired each season to bring in the Egyptian cotton crop) and performed in the informal sector.

The Committee notes the Government’s statement that its efforts on the ground to eliminate child labour have been strengthened. The Government states that the implementation of the National Child Labour Strategy has resulted in the establishment of steering committees in all governorates, by virtue of Ministerial Order No. 227 of 2009. These steering committees will translate the National Child Labour Strategy into a national plan of action, with participation from governmental and non-governmental organizations. The Committee also notes that the work of the steering committees has resulted in the reintegration of 122 children into basic education, the enrolment of 109 children in literacy classes, the provision of social and health services to 789 children, the signing of 428 apprenticeship contracts, and the holding of awareness-raising sessions for 515 children. The Committee further notes that the World Food Programme is implementing the Combating Child Labour Project, in Beni Suef, Adyut and Sohag, which provides both in-school and take-home food to school children.

The Committee notes the information in the Survey of Young People in Egypt (Preliminary Report) of February 2010 (produced by the Egyptian Cabinet Information and Decision Support Centre and the Population Council) that 81 per cent of working children between the ages of 10 and 14 are in rural areas, with 53 per cent working in agriculture and 28 per cent working in construction. The Survey indicates that working children come from poorer households, with 65 per cent of working children between the ages of 10 and 14 coming from households in the two lowest income quintiles. While noting the efforts made by the Government to combat child labour, the Committee must express its concern at the number and situation of working children under the minimum age in Egypt and urges the Government to strengthen its efforts, within the framework of the National Child Labour Strategy, to ensure the progressive elimination of child labour. It requests the Government to continue to provide information on the impact of measures taken in this regard, particularly with respect to measures focusing on children in rural areas (including those engaged in seasonal work in the cotton sector) and children from low-income households. The Committee also requests the Government to take the necessary measures to ensure that the comprehensive survey on child labour of the Central Body for Public Mobilization and Statistics’ includes both children working on a seasonal basis and in the informal sectors, and to provide the results of this survey, once available.

Article 2(2). Raising the initially specified minimum age for admission to work. The Committee previously noted the Government’s statement that the Children’s Act No. 12 of 1996 (Children’s Act) was amended by Law No. 126 of 2008, to raise the minimum age of employment to 15 years. In this regard, the Committee notes with satisfaction that on 1 June 2010 the Government sent a declaration to the Director-General indicating that it was officially raising the minimum age for admission to employment or work from 14 to 15 years, thus bringing the minimum age fixed by national law into line with that prescribed at the international level.

Part III of the report form. Labour inspection. The Committee previously noted that, the Committee on the Rights of the Child, in its concluding observations, noted that 80 per cent of child labour is reportedly concentrated in the agricultural sector (CRC/C/15/Add. 145, paragraph 49, of 21 February 2000). The Committee also noted that a separate unit within the MoMM is responsible for child labour investigations in the agricultural sector. It noted that inspections were carried out in small family enterprises in the agricultural sector to ensure that the working conditions conformed to those prescribed under Order No. 118 of 2003 (specifying that children under the age of 18 years may not be employed in several agricultural occupations) and Order No. 1454 of 2001 (on child labour in agriculture and cotton harvesting). The Committee further noted that, in the course of labour inspections, 3,677 children were found to be working by labour inspectors and that 436 violations of employers’ obligations were detected, involving 277 children. The Committee requested the Government to indicate if these statistics included the agricultural sector, and to provide information on the number of fines issued. The Committee also requested the Government to provide a copy of Order No. 1454 of 2001.

The Committee notes the copy of Order No. 1454 of 2001 submitted with the Government’s report. The Committee also notes the Government’s statement concerning the statistics submitted with its previous report, that the 436 violations resulted in the issuance of 124 citations, and that these inspections included the agricultural sector. The Committee further notes the information in the Government’s report that, in the first quarter of 2010, the following violations were registered: 106 violations for employing persons under the minimum age, 68 violations of Order No. 118 (involving 68 children) and six violations involving children in agriculture. The Government indicates that citations were issued for these violations. In addition, the Committee notes the detailed child labour inspection report submitted with the Government’s report under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), on the number of child labour violations detected by the labour inspectorate in each region of the country. Lastly, the Committee notes the Government’s indication that the child labour inspectorate coordinates with community-based organizations in each of the governorates, and that a child labour monitoring and tracking system has been set up for children working in agriculture.

CMNT_TITLE

Article 1 of the Convention and Part V of the report form. National policy on the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted that, according to the 2005 report of the International Trade Union Confederation entitled “Internationally recognized core labour standards in Egypt” (ITUC report), 6 per cent of children aged 5–14 are involved in labour activities, 78 per cent of whom are in the agricultural sector (in commercial as well as subsistence agriculture). Moreover, the ITUC report indicated that children often work in repair and craft shops, in heavier industries such as brick making and textiles and in leather and carpet-making factories. The ITUC report stated that there is still clear evidence of employers who abuse, overwork and many times endanger many child workers. The ITUC report concluded that child labour is employed extensively in Egypt, in both the rural and the urban sectors and, despite some measures taken to tackle this issue, it remains a serious case for concern and further improvements are needed both in law and in practice. The Committee expressed serious concern at the situation of children working in Egypt, and urged the Government to redouble its efforts in this regard. Also, noting that the Government had drafted a national strategy to combat child labour, the Committee requested the Government to provide information on the progress made towards its adoption, and on the results achieved following its implementation.

The Committee takes due note that the Government adopted a national strategy to eliminate child labour (National Child Labour Strategy) in 2006, which highlights the role of NGOs, trade unions and the private sector, in partnership with state agencies, for its implementation. In March 2008, within the framework of the National Child Labour Strategy, the Ministry of Manpower and Migration (MoMM) signed protocols of cooperation with the Chamber of Construction Material, the Chamber of Engineering Industries, the Chamber of Leather Industries and the Al-Fustat Association. In cooperation with numerous other governmental ministries, the MoMM took the following measures:

–           the provision of trained personnel to deal with working children and the development of a capacity-building programme with a focus on children’s rights;

–           the creation of a central database on child labour, taking gender into account in the classification and analysis of data;

–           the implementation of a social mobilization and media awareness campaign on child rights and the importance of combating child labour;

–           the implementation of the Children at Risk Programme, by the National Council for Childhood and Motherhood, including the “Red Card to Child Labour” initiative;

–           the development of policies and legislation on the protection of working children and their harmonization with international standards in addition to strengthening their methods of implementation;

–           the provision of direct services to improve the economic, health and educational status of working children and their families;

–           the development of poverty-alleviation programmes to help prevent additional children from entering the labour force and to ensure that children return to school; and

–           the modernization of hazardous industries to reduce the risk to children and the provision of alternatives to children, where possible.

The Committee notes the Government’s indication that the implementation of the National Child Labour Strategy focuses on protection (with an emphasis on reintegrating children into basic education and preventing them from dropping out and joining the labour market), and rehabilitation (with an emphasis on withdrawing children from hazardous types of work, and providing them with training opportunities and safe jobs). The Committee also notes the information in the Government’s report that it has set up advisory committees in the Directorates of Manpower and Migration in all governorates, focused on the elimination of child labour. As a result of the work of these committees, 694 children were reintegrated into basic education, 7,852 children were enrolled in literacy classes, 4,747 children were enrolled in one-room schools and 1,997 children were enrolled in training centres. In addition, 2,911 children received social services, 1,455 children received health services and 133 children received material assistance. The Committee also notes the information in the Government’s report that, in cooperation with the US Department of Labor, a project on the worst forms of child labour is currently being implemented in the Geni Sueif, Assiut and Sohag governorates, targeting working children and their families, in addition to enterprise owners. Through this programme, 1,474 children were removed from work, 6,477 children were enrolled in state schools, 1,061 children were enrolled in community schools and 503 children received occupational safety and health equipment.

The Committee welcomes the measures taken by the Government to combat child labour and facilitate access to education, though notes the information available from UNICEF that, for the period 1999–2007, approximately 7 per cent of all children aged 5–14 (approximately 1,067,000 children) were engaged in child labour. The Committee remains concerned at the high number of working children under the minimum age and therefore urges the Government to strengthen its efforts, within the framework of the national strategy to eliminate child labour, to address this issue. The Committee requests the Government to continue to provide information on the results obtained in this regard. In addition, noting that the national strategy to eliminate child labour includes the establishment of a central database on child labour, the Committee requests the Government to provide information on the general application of the Convention from this database, as soon as this information is available.

Article 2, paragraph 2. Raising the initially specified minimum age for admission to work. The Committee notes the Government’s statement that the Children’s Act No. 12 of 1996 (Children’s Act) was amended by Law No. 126 of 2008, to raise the minimum age of employment to 15 years. Observing that, upon ratification the Government specified the minimum age of 14 years, the Committee draws the Government’s attention to the fact that Article 2(2) of the Convention provides for the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to inform the Director-General of the International Labour Office by means of a new declaration. This allows the age fixed by the national legislation to be harmonized with that provided for at international level.

Part III of the report form. Labour inspection. The Committee previously noted that, the Committee on the Rights of the Child, in its concluding observations, noted that 80 per cent of child labour is reportedly concentrated in the agricultural sector and that “many of these children work long hours in dusty environments, without masks or respirators, receiving little or no training on safety precautions for work with toxic pesticides and herbicides” (CRC/C/15/Add.145, paragraph 49, of 21 February 2000). The Committee also noted 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), a separate unit within the MoMM is responsible for child labour investigations in the agricultural sector. In this regard, it noted the Government’s indication that inspections are conducted on commercial plantations with a large agricultural production and child labour inspectors endeavour to enforce the legislation regarding children working in agriculture. As a result, the MoMM reported that its 2,000 labour inspectors issued 72,000 citation violations between 2006 and the first nine months of 2007, though the Committee noted that the inspection reports communicated to the Office did not reference these citations.

The Committee notes the information in the Government’s report submitted under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that, although the Labour Code does not apply to children and women working in small family enterprises which produce for the sake of local consumption, inspections are still carried out in the agricultural sector to ensure that the working conditions conform to those prescribed under Order No. 118 of 2003, specifying that children under the age of 18 years may not be employed in several agricultural occupations, such as cotton baling (section 1(34)) and the preparation and spraying of pesticides (section 1(39)), and Order No. 1454 of 2001 of the Ministry of Agriculture on child labour in agriculture and cotton harvesting, which prohibits persons under the legal age from performing certain agricultural tasks. The Committee further notes the Government’s statement that the MoMM, through inspections, takes an active role in providing a safe working environment for children in agriculture and that the MoMM held 50 national workshops in the field of agricultural labour inspections. These workshops included awareness-raising activities on the issue of child labour in Egypt and on Order No. 1454 of 2001, and an explanation of the underlying causes of child labour.

The Committee notes the information in the Government’s report that inspections were carried out in 4,361 enterprises, and a total of 3,677 children were found to be working (3,271 boys and 406 girls). The Committee also notes that comprehensive inspections were carried out in 398 enterprises, and a campaign to monitor rest and work hours included 2,657 enterprises. These inspections found wage violations concerning 254 children, leave violations concerning 169 children, hours of work and rest violations concerning 29 children and the failure of employers to meet their obligations regarding 277 children.

The Committee notes the Government’s indication that, in response to the violations, inspectors issued minutes and applied the penalties prescribed in the Labour Code. However, the Committee observes that the Government’s report does not indicate the number of these recourses taken with regard to child labour. The Committee also observes that the information in the Government’s report on labour inspections does not indicate if these inspections include the agricultural sector. The Committee therefore requests the Government to clarify if these statistics on inspections refer to inspections in both the agricultural and non‑agricultural sector. It also requests the Government to indicate the number of violations, including violations of the prohibition of hazardous work, detected by labour inspectors with regard to children working in the agricultural sector. The Committee further requests the Government to provide information on the number of fines issued, pursuant to the Labour Code, for violations involving persons under this minimum age. Lastly, the Committee requests the Government to provide a copy of Order No. 1454 of 2001 of the Ministry of Agriculture on child labour in agriculture and cotton harvesting.

CMNT_TITLE

Article 1 of the Convention. National policy on the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s information that awareness campaigns were conducted in undertakings, and workshops in particular, on the prohibition of engaging children under the legal age for admission to employment. The Government also indicates that programmes are broadcast on several radio stations for the purpose of raising awareness on the issue of child labour. In this regard, an agreement was reached between the Government and the radio of southern Sinai to broadcast a five‑minute daily programme on child labour. The Committee further notes the Government’s information that a Protocol was prepared between the Department of Manpower and Migration in Alexandria and the Network on the Elimination of Child Labour, which includes ten non-governmental organizations working in this field and some executive bodies in the governorate of Alexandria, so as to prepare and implement a plan for the coordination of such bodies to eliminate the employment of children who have not reached the legal age of admission to employment or work. Finally, the Committee notes that, according to information made available by UNICEF, the Government has drafted a national strategy to combat child labour. The Committee requests the Government to provide information on the progress made in the adoption of the draft national strategy to combat child labour and to provide a copy of it as soon as it is adopted. It also requests the Government to provide information on the results achieved through the implementation of these measures on the prevention and elimination of child labour.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee had previously noted that Labour Code No. 12 of 2003 (Labour Code) in section 99 of Chapter 3, Part VI, provides that the employment of female or male children shall be prohibited until they complete their basic education, or have reached the age of 14, whichever is higher. The Committee notes the Government’s information that Child Law Act No. 12 of 1996 (Child Law), which provided for the prohibition of the employment or work for children under 14 years of age, was amended to prohibit the employment of children under the age of 15. However, the Committee observes that both Law No. 126 of 2008 on Amending Provisions of the Child Law, Penal Code and Civil Status, as well as the text of the Child Law dated October 2008, provide that children shall not be employed for work before attaining “fourteen complete calendar years of age”, which is the age that was specified by the Government at the time of ratification.

Part III of the report form. Labour inspection. The Committee had previously noted that, in its concluding observations, the Committee on the Rights of the Child noted that 80 per cent of child labour is reportedly concentrated in the agricultural sector and that “many of these children work long hours in dusty environments, without masks or respirators, receiving little or no training on safety precautions for work with toxic pesticides and herbicides” (CRC/C/15/Add.145, paragraph 49, of 21 February 2000). The Committee had requested the Government to indicate in what manner it is ensured that children who work in pure cultivation work in the agricultural sector, which is one of the categories of work excluded by the Government at the time of ratification, are protected from carrying out work which is likely to jeopardize their health, safety or morals.

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. The Committee also 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), a separate unit within the Ministry of Manpower and Migration (MOMM) is responsible for child labour investigations in the agricultural sector. In this regard, it notes the Government’s information, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that inspections are conducted on commercial plantations with a large agricultural production and child labour inspectors endeavour to enforce the legislation regarding children working in agriculture. As a result, the MOMM reported that its 2,000 labour inspectors issued 72,000 citation violations between 2006 and the first nine months of 2007. While observing the number of inspections that were carried out concerning children working in the agricultural sector, the Committee notes that no information is contained in the inspection reports, communicated to the Office along with the Government’s report under the Labour Inspection Convention, 1947 (No. 81), with regard to such children. The Committee therefore once again requests the Government to provide information on the violations, including violations of the prohibition of hazardous work, detected by labour inspectors with regard to children working in the agricultural sector.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the report of the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the trade policies of Egypt of 26 and 28 July 2005, entitled “Internationally recognized core labour standards in Egypt”, 6 per cent of children aged 5–14 are involved in labour activities, 78 per cent of whom are in the agricultural sector. In the rural sector, children are employed in commercial as well as subsistence agriculture. Moreover, children often work in repair and craft shops, in heavier industries such as brick making and textiles, and as workers in leather and carpet-making factories. The ITUC adds that, even if the fines that child offenders have to pay in child labour cases were increased, there is still clear evidence of employers who abuse, overwork and many times endanger many child workers. The ITUC concludes that child labour is employed extensively in Egypt, in both the rural and the urban sectors and, despite recent legislative improvements combined with some governmental programmes to tackle this issue, it remains a serious case for concern and further improvements are needed both in law and in practice. The Committee further notes that, according to the 2007 report on findings on the worst forms of child labour in Egypt on the High Commissioner for Refugees web site (www.unhcr.org), children work in a number of other hazardous sectors, including fishing, glassworks, blacksmithing, working metal and copper, construction, carpentry, mining and quarrying. Once again expressing serious concern at the situation of children working in Egypt, the Committee urges the Government to redouble its efforts to combat child labour. It also requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports, as well as the number and nature of contraventions reported and penalties imposed.

CMNT_TITLE

The Committee notes the Government’s report. It requests it to supply further information on the following points.

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s statement that two training sessions were organized for 50 labour inspectors through the ILO/IPEC for the purpose of changing the concepts held by such inspectors, and for combining the concept of preventing inspection with the monitoring inspection concept. Furthermore, 22 committees were set up to reduce child labour in 22 Egyptian governorates which include members from various executive bodies and relevant NGOs in order to carry out a plan to combat child labour and to eliminate its worst forms, based on monitoring dropouts from compulsory education. The aim is to assess the reasons for such dropouts and to return such dropouts back to school, by providing financial assistance to families whose children return to school. The Committee notes with interest the Government’s information that the above committees succeeded in returning 800 children to school. The Committee requests the Government to continue providing information on national policies designed to ensure the effective abolition of child labour and on the results attained.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee had previously requested the Government to indicate the measures taken or envisaged to ensure that young persons who have completed the age of 16 years and perform hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention. It notes the Government’s information that section 6 of Ministerial Order No. 118 of 2003, which regulates the system governing the employment of children, specifies that an employer shall be required to inform the child worker, before undertaking to work with him/her, of the occupation’s hazards and the importance of his/her commitment to observe the means for personal protection specified for his/her occupation, whilst providing the means for personal protection, suitable to the nature of work, age and training on its use, as well as verify that the child uses them and that he/she shall follow the instructions in order to safeguard his/her health and protection for occupational accidents whilst authorizing them to take food in places at work designed for this purpose. The Committee takes due note of this information.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. Following its previous comments, the Committee notes the Government’s information that the following practices and laws apply with regard to the categories excluded from the scope of application of the Convention: (a) Act No. 47 of 1978 applies to employees working in the State including local administration units and public bodies (children are not included); (b) no legislation applies to domestic workers, due to the difficulty of monitoring and inspecting them; (c) Book III, Chapter V of the Labour Code regarding “occupational safety and health” and “vocational promotion” applies to an employer’s family who are his/her dependants. The Committee also notes the Government’s statement that, in spite of the exclusion of children working in pure agricultural work from the chapter of the Labour Code dealing with child labour, they are provided for in the chapters dealing with “vocational promotion” and with “occupational safety and health” and they are liable to inspection with respect to conditions of work so as to verify whether they work in bad or dangerous environmental conditions.

Article 6. Apprenticeship. The Committee had previously requested the Government to provide information on the measures taken or envisaged to ensure that no one under 14 years of age carries out an apprenticeship and to provide practical information on apprenticeship programmes. The Committee notes the Government’s information that apprenticeship programmes are provided through the following: (a) a programme of technical education within the Ministry of Education (Moubarak Kohl system), which links between theoretical studies and practical training in a factory; (b) a programme of industrial apprenticeship within the Ministry of Industry. It notes the Government’s statement that both programmes may only be undertaken after 15 years of age (after having completed the second part of primary school and obtained the nine years’ certificate). The Committee takes due note of this information.

Part IV of the report form. Labour inspection. Following its previous comments, the Committee notes the Government’s information that coordination was achieved with civil society organizations in the governorates in which monitoring and follow-up systems were set up to check on children employed in agriculture. Inspection is generally carried out on large plantations with a huge agricultural production. The Committee also notes that, according to the information available at the Office, the Ministry of Manpower and Migration and the Ministry of Agriculture are cooperating 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. The Committee notes the Government’s statement that, according to the inspection reports for the years 2003 and 2005, the number of undertakings inspected doubled in 2005: 566,487 undertakings were inspected from January until end of December 2005 compared to 21,883 undertakings from January 2003 until end of March 2003. Moreover, the number of minutes (procès verbaux) taken for undertakings decreased in 2005 by about 34 per cent out of the overall number of minutes taken in 2003. While observing the number of inspections that were carried out concerning children working in the agricultural sector, the Committee notes that no information is contained in the inspection reports with regard to such children. It therefore requests the Government to provide information on the violations, including violations of the prohibition of hazardous work, detected by inspectors with regard to children working in the agricultural sector.

Part V of the report form. The Committee notes that, according to the ICFTU’s report for the World Trade Organization General Council on the trade policies of Egypt of 26 and 28 July 2005 titled “Internationally-recognized core labour standards in Egypt”, 6 per cent of children aged 5 to 14 are involved in labour activities, 78 per cent of which are in the agricultural sector. In the rural sector, children are employed in commercial as well as subsistence agriculture. Moreover, children often work in repair and craft shops, in heavier industries as brick making and textiles, and as workers in leather and carpet-making factories. The ICFTU adds that, even if the fines that child offenders have to pay in child labour cases were increased, there is still clear evidence of employers who abuse, overwork and many times endanger many child workers. The ICFTU concludes that child labour is employed extensively in Egypt, in both the rural and the urban sectors and, despite recent legislative improvements combined with some governmental programmes to tackle this issue, it remains a serious case for concern and further improvements are needed both in labour and in practice. The Committee once again expresses its deep concern at the situation of children working in Egypt and encourages the Government to renew its efforts to improve the situation gradually. It requests the Government to continue providing information on the application of the Convention in practice.

CMNT_TITLE

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s indication that it is collaborating with international bodies working on combating child labour in carrying out field programmes on child labour. The Committee further notes that the Ministry of Manpower and Migration implemented a project in collaboration with ILO/IPEC. The aims of this project entitled "Institutional development and the development of policies to reduce child labour" include: strengthening the capacity of child labour inspectors; giving inspectors the necessary skills to carry out effective inspections on child labour; and raising the awareness of the competent bodies respecting the negative impact of child labour especially in agriculture and the risks resulting therefrom. The Committee requests the Government to continue providing information on the development of national policies designed to ensure the effective abolition of child labour, and on the results attained.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee had noted in its previous comments that section 64 of Child Law No. 12 of 1996 prohibits employment or work for children under 14 years of age, while section 144 of Labour Code No. 137 of 1981 sets the minimum age for admission to employment or work at 12 years. It therefore noted that these provisions were not in harmony in terms of the minimum age for admission to employment or work. The Committee notes with interest that the new Labour Code No. 12 of 2003 in section 99 of Chapter 3, Part VI, provides that the employment of female or male children shall be prohibited until they complete their basic education, or have reached the age of 14, whichever is higher.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee had noted the Government’s indication that, since the adoption of Child Law No. 12 of 1996, which determines the minimum age for employment for all children as 14 years, the age of completion of basic education has been changed to 15 years. The Committee notes with interest that section 99 of the new Labour Code links the age of employment with the age of completion of basic education. The Committee also notes that Law No. 23 of 1999, amending provisions of the Education Law No. 139 of 1981, provides that primary education of nine years is compulsory and that the State is obliged to provide this education. The Committee takes due note of this information.

Article 2, paragraph 5. Persistence of reasons for specifying a minimum age of 14 years. The Committee reminds the Government that Article 2, paragraph 5, of the Convention states that each Member which has specified a minimum age of 14 years in pursuance of the provisions of the preceding paragraph shall include in its report a statement: (a) that its reason for doing so subsists; or (b) that it renounces its right to avail itself of the provisions in question as from a stated date. The Committee, therefore, would be grateful if the Government in its next report would state the reason for its decision to specify a minimum age of 14 years for admission to employment or work subsists or not, in accordance with Article 2, paragraph 5, of the Convention.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that section 1 of Ministerial Order No. 118 of 2003 lists types of hazardous work in which young persons under the age of 18 years may not be employed or work. Moreover, the Committee notes that section 23(1) of the Order of the Minister of Transport No. 40 of 1998 provides that the minimum age to enter employment or work on board a vessel is 18 years, and that no person under the age of 18 shall be employed in the equipment (tools) room of a vessel.

The Committee notes that the Ministerial Order No. 118 of 2003 lays down a system for the employment of young persons for hazardous work, including the conditions and circumstances in which such employment may occur. The Committee takes due note of the comprehensive list contained in section 1 of Ministerial Order No. 118, which regulates the types of hazardous work. The Committee further notes the Government’s indication that the new Labour Code and the ministerial orders promulgated there under were formulated in tripartite committees, which include employers and workers in addition to government representatives, experts and specialists in the field.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee notes the list in section 2 of Ministerial Order No. 118 of 2003, specifying the types of hazardous work prohibited for persons under the age of 16 years. The Committee further takes note of section 3 of Ministerial Order No. 118 of 2003, which provides that young persons engaged in hazardous work from the age of 16 years must once a year undergo a medical examination reassuring their health and safety. This medical examination shall be provided free of charge by the employer. The Committee requests the Government to indicate the measures taken or envisaged to ensure that young persons who have completed the age of 16 years and perform hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. The Committee had previously noted the Government’s indication that it had excluded three categories of employment or work from the application of the Convention: (i) an employer’s family members whom he/she actually supports (section 4(c) of the new Labour Code); (ii) domestic servants (section 4(b) of the same Code); and (iii) children employed in pure cultivation work (section 103 of the new Labour Code). The Committee takes note of the Government’s indication that these exclusions were formulated after tripartite consultations. The Government further states that work performed by young persons in the first two categories is excluded from the scope of the new Labour Code, in view of the nature of work carried out by these categories which makes it virtually impossible to monitor the application of the law in these two categories of work. As regards children working in the agricultural sector, the Government indicates that the work is seasonal and that the children are not given a salary or other form of remuneration. The Committee notes the Government’s indication that the term "pure cultivation work" means working on small agricultural plantations which do not use agricultural equipment or modern technology. It further notes that the employer’s family members often work on such plantations and that the produce thereof is only agricultural crops. The Committee also notes that, according to the Government, such work does not hinder children from going to schools and from acquiring the basic educational level. The Committee reminds the Government that, in accordance with Article 4, paragraph 2, a government which has excluded limited categories of employment or work from the application of the Convention, must state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories.

The Committee would also like to remind the Government that by virtue of Article 4, paragraph 3, employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of children may not be excluded from the application of this Convention. In this regard, the Committee had previously noted that the comments made by the Committee on the Rights of the Child, in its concluding observations following its consideration of the report by Egypt. The Committee on the Rights of the Child noted that 80 per cent of child labour is reportedly concentrated in the agricultural sector and that "many of these children work long hours in dusty environments, without masks or respirators, receiving little or no training on safety precautions for work with toxic pesticides and herbicides. Moreover, seasonal work in agriculture is reportedly performed by children under 12 in state-run cooperatives despite this being contrary to law" (CRC/C/15/Add. 145, paragraph 49, of 21 February 2000). The Committee once again requests the Government to provide information on these matters. The Committee asks the Government to indicate in what manner it is ensured that children who work in pure cultivation work in the agricultural sector are protected from carrying out work which is likely to jeopardize their health, safety or morals.

Article 6. Apprenticeship. The Committee notes that section 99 of the new Labour Code provides that children from the age of 12 years may be trained. Also section 64(1) of the Child Law reads that children may be trained from the age of 12 years. The Committee further notes that Order No. 175 of 2003 sets out detailed rules and conditions for the children admitted to such training, specifying that the training should be carried out in accordance with an agreement between the employer and the child’s parents or guardians. The agreement shall respect, among other regulations, sections 47-55 (concerning annual and sick leave) and sections 80-87 (concerning working hours and break periods) of the new Labour Code. The Committee reminds the Government that Article 6 of the Convention permits work done by persons at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. It accordingly asks the Government to provide information on the measures taken or envisaged to ensure that no one under 14 years of age carries out an apprenticeship. It also asks the Government to provide practical information on apprenticeship programmes.

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 requested the Government to provide examples of decrees issued by governors permitting seasonal work by children in agriculture and of authorizations issued by the Ministry of Education. It also requested it to indicate the activities in which seasonal agricultural work or employment has been or could be authorized for children as from 12 years of age, and the hours and the conditions in which such work or employment may be performed. The Committee notes the Government’s indication that seasonal agricultural work includes harvesting and spraying pesticides on the crops. Moreover, according to the information provided by the Government, the Minister of Education may issue an order for postponing the beginning of the school year with respect to governorates which grow cotton, so that parents will not be obliged to stop children from attending school during the period in which they are needed in cotton gathering. The Committee also notes the Government’s statement that children work in the mornings and that their work is carried out under their parents’ care in addition to the supervision of agricultural attendants and inspectors specialized in occupational safety and health and a safe environment. The inspectors verify whether the children are wearing the necessary protective clothing on plantations, that is head covers, so as to protect them against the sun. The Committee takes due note of this information.

Article 9, paragraph 1. Sanctions. The Committee notes that under section 248 of the new Labour Code, the employer, or his delegated representative for the establishment, shall be liable to a fine of not less than 500 Egyptian pounds and not exceeding 1,000 Egyptian pounds if he/she violates any of the provisions in sections 98-99 and 101-102 of the new Labour Code. The fine shall be multiplied for each worker found to be under the minimum age and shall be doubled in case of recurrence.

Article 9, paragraph 3. Keeping of registers by employers. The Committee notes that the Government indicates that following section 102(c) of the new Labour Code and section 7 of Ministerial Order No. 118 of 2003, the employer, or his representative, is obliged to keep a register containing the names and ages of the children working for him, the tasks assigned to them and the names of the persons responsible for supervising their work. In addition, the employer must make the registers available to the authorities and display them clearly in the workplace.

Part IV of the report form. Labour inspection. In its previous comments, the Committee noted the Government’s indication that its most recent report under the Labour Inspection Convention, 1947 (No. 81), states that a special directorate responsible for labour inspection of children has been established under Ministerial Decree No. 229 of 2000. The Committee again asks the Government to provide a copy of Decree No. 229 of 2000, the reports of the labour inspection for children in the Governorates and the policies, plans and programmes for the protection of working children and young persons. The Committee further notes that a unit for child labour inspections within the agricultural sector has been established within the Department of Manpower and Migration. The Committee accordingly requests the Government to provide information on the work of the child labour inspection unit in the agricultural sector.

Part V of the report form. Practical application of the Convention. The Committee notes the information contained in the Government’s report about the manner in which the Convention is applied. It notes that, during the period 1 January 2003 to 21 December 2003, out of 21,883 undertakings inspected, 6,179 undertakings received warnings of violations and 2,390 undertakings were issued with procès verbaux indicating fines. It also notes that during the period 1 January to 31 March 2003, 4,900 children were found working, out of which 88 per cent were boys. The Committee expresses its deep concern at the situation of children working in Egypt and invites the Government to renew its efforts to improve the situation gradually. It asks the Government to continue to provide information on the application of the Convention in practice.

CMNT_TITLE

The Committee notes the reports provided by the Government and the attached documentation. It requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that, while section 64 of the Child Law No. 12 of 1996 provides that the minimum age for admission to employment or work is 14 years, section 144 of the Labour Code refers to the age of 12 years. Although the Committee has noted that, according to the Government’s report, the Child Law replaces the provisions of the Labour Code in this respect, it requests the Government to take measures to harmonize the various provisions of the national legislation respecting the minimum age for admission to employment or work which is, as declared by the Government, 14 years.

The Committee notes that, under the terms of section 3, the provisions of the Labour Code do not apply to persons performing domestic and similar work (section 3(b)), or to members of the family of an employer and therefore to the employer’s dependent descendants (section 3(c)). The Committee notes that work performed by young persons in pure cultivation work is excluded from the scope of the Labour Code (section 149). The Committee requests the Government to indicate the legal measures guaranteeing that children engaged in domestic and similar work working at the home of the relative who is responsible for them or in agriculture are not admitted to employment or work below the specified minimum age.

Furthermore, the Committee requests the Government to provide copies of the legal texts respecting the minimum age specified for employment or work on ships.

Article 2, paragraphs 3 and 4. The Committee notes the Government’s indication that, since the adoption of the Child Law No. 12 of 1996, which determines the minimum age for employment for all children as 14 years, the age of completion of basic education has been changed and is currently 15 years. The Government adds that the new draft Labour Code links the age of employment with the age of completion of basic education. Furthermore, the Government refers to a decree of the Minister of Education extending the primary cycle by one year, so that it lasts six years instead of five years and basic education is completed at the age of 15 years. The Committee requests the Government to provide information on the relevant provisions of the draft Labour Code respecting the age for admission to employment or work in relation to the age of completion of basic education, and to provide information on the progress made with the draft text, as well as a copy of the decree of the Minister of Education to which it refers, and the provisions of the Education Law and its implementing Regulations No. 139 of 1981. Please also state whether the education provided in the primary education cycle up to the end of schooling is compulsory and/or free of charge.

Article 3, paragraph 1. The Committee notes that Ministerial Decrees Nos. 12 and 13 of 1982 each issue a list of occupations, trades and industries, generally of a hazardous nature, in which young persons must not be employed before the ages of 15 or 17 years, respectively. The Committee recalls that, under the terms of this provision of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It therefore requests the Government to prohibit these types of work for young persons under 18 years of age.

In accordance with Article 3, paragraph 2, the types of employment or work which are likely to jeopardize the health, safety or morals of young persons shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee notes that the lists contained in Ministerial Decrees Nos. 12 and 13, and reproduced in sections 148 and 149 of the Decree of the President of the Council of Ministers No. 3452 of 1997 issuing regulations giving effect to the Child Law No. 12 of 1996, were established in 1982. It draws the Government’s attention to the provisions of Paragraph 10(2) of Recommendation No. 146, which advocates that the list of the types of employment or work covered by Article 3 of the Convention should be re-examined periodically and revised as necessary, particularly in the light of advancing scientific and technical knowledge.

In accordance with Article 3, paragraph 3, the Committee requests the Government to indicate the measures that it plans to take to ensure that children of 16 and 17 years of age, engaged in any of the activities set out in Ministerial Decrees Nos. 12 and 13, are only employed in activities in which their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training. The Committee reminds the Government that paragraph 3 is only an exception to the principle of the prohibition set out in paragraph 1 of this Article and that, in the same way that the list of types of employment or work prohibited to young persons under 18 years of age must be revised, the exception envisaged in this paragraph needs to be revised and very carefully restricted.

Agricultural sector. The Committee notes the comments made by the Committee on the Rights of the Child, in its concluding observations following the consideration of the report by Egypt, that 80 per cent of child labour is reportedly concentrated in the agricultural sector and that "many of these children work long hours in dusty environments, without masks or respirators, receiving little or no training on safety precautions for work with toxic pesticides and herbicides. Moreover seasonal work in agriculture is reportedly performed by children under 12 in state-run cooperatives (i.e. cotton pest management) despite this being contrary to the law" (CRC/C/15/Add.145, paragraph 49, of 21 February 2000) (see under Article 4). The Committee requests the Government to provide information on these matters.

Article 4. The Committee notes that the Government’s reports explain that work performed by young persons in agriculture is excluded from the scope of the Labour Code, partly due to the difficulties in applying the relevant provisions, and also because this work is mainly seasonal, often performed within families, and does not jeopardize the education of the children. The Committee notes that section 149 of the Labour Code provides that the measures respecting the employment of young persons are not applicable to "pure cultivation work". The Committee requests the Government to indicate the types of work covered by the term "pure cultivation work" and reminds it in this respect that the exclusion of entire sectors of economic activity such as agriculture is too important to constitute "limited categories of employment or work", within the meaning of this Article of the Convention. Moreover, while the Government must in its first report on the application of the Convention list the categories of employment or work excluded under Article 4, paragraph 1, giving the reasons for such exclusion, it has to state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. However, the Government’s second report does not provide this information. The Committee requests the Government to provide information on the tripartite consultations which have been held on this subject and in relation to any exclusion from the scope of the Convention of children or young persons working in the agricultural sector.

Article 6. The Committee requests the Government to provide information on the system of vocational and technical education, the registration procedures and the conditions prescribed by the competent authority for any work forming part of vocational or technical education and performed by a child or young person who is authorized to do so.

Article 7. The Committee notes the provisions of section 64 of the Child Law permitting children between the ages of 12 and 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 requests the Government to provide examples of decrees issued by governors permitting seasonal work by children in agriculture and of authorizations issued by the Ministry of Education. It also requests it to indicate the activities in which seasonal agricultural work or employment has been or could be authorized for children as from 12 years of age, and the hours and conditions in which such work or employment may be performed.

Article 8. The Committee notes that in its first report the Government indicates, under Article 8, that it has had recourse to the exception referred to in Article 2 of the Convention. However, the Committee notes the absence of legal provisions authorizing the participation of children below the general minimum age in activities such as artistic performances. It draws the Government’s attention to the fact that recourse to this provision of the Convention is conditional upon the granting of individual permits which have to specify the number of hours during which and the conditions in which employment or work is allowed. The Committee therefore requests the Government, if it wishes to avail itself of the derogation from the prohibition of employment or work envisaged in Article 2 of the Convention, to take the necessary measures to ensure that legal provisions guarantee the conditions applying to such permits.

Article 9. The Committee notes the substantial discrepancy between the fines envisaged in the Labour Code and those set out in the Child Law. The Committee requests the Government to indicate whether the fines set out in section 174 of the Labour Code will be or have been revised. It also notes that the special provisions of section 67 of the Child Law and of section 143 of the Labour Code respecting the registration of young persons do not apply to persons under 16 years of age. The Committee reminds the Government that, by virtue of Article 9, paragraph 3, of the Convention, employers have to keep and make available registers or other documents of the persons employed by them and who are less than 18 years of age. The Committee requests the Government to take the necessary measures to ensure that employers keep and make available registers or documents of persons up to the age of 18 years.

Part III of the report form. The Committee notes the Government’s references to the labour inspectorate. It also notes that the most recent report provided by the Government under the Labour Inspection Convention, 1947 (No. 81), states that a special directorate responsible for labour inspection of children, attached to the central authority for workers’ welfare, has been established under Ministerial Decree No. 229 of 2000. The Committee requests the Government to provide a copy of Decree No. 229 of 2000, the reports of the labour inspection for children in the Governorates and the policies, plans and programmes for the protection of working children and young persons against risks. The Committee requests the Government to provide information on the results of the campaigns undertaken by inspectors for the application of the law in relation to child labour.

Part V of the report form. The Committee notes that the last annual report of the labour inspection services forwarded by the Government in relation to the Labour Inspection Convention, 1947 (No. 81), indicates that 17,159 infringements of labour legislation involving young persons were reported. The contraventions of the Labour Code concern the employment of young persons in 2,310 cases. The Committee requests the Government to indicate the measures taken against employers who are in violation of the provisions of the Labour Code respecting the employment of young persons.

The Committee recalls that, in its concluding observations, the United Nations Committee on the Rights of the Child states that it remains concerned, among other matters, by the fact that the regulations governing working hours and exposure to hazardous conditions for children are not respected and that there is no effective inspection of their implementation. In particular, there is no effective inspection and supervision in the private sector, family enterprises, agricultural activities and domestic work, which is precisely where child labour is concentrated, and they are frequently employed under hazardous conditions (CRC/C/15/Add.145, paragraph 49, of 21 February 2001). The Committee requests the Government to indicate the measures which have been taken to strengthen the competent services responsible for the application of the Convention in this field.