Texts of pending comments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee takes note of the observations made by the International Trade Union Confederation (ITUC) received on 25 September and 13 October 2020, in relation to the application of the Convention in law and in practice. It further notes the observations made by Public Services International (PSI) on behalf of its affiliates the Real Estate Taxes Authority Union (RETA), the Bibliotheca Alexandrina Staff Union (BASU) and the Egyptian Ambulance Organization Employees Syndicate, as well as its partner organization, the Center for Trade Union Workers’ Services (CUTWS), received on 22 October 2020.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

In its previous comments, the Committee recalled the conclusions of the Conference Committee on the Application of Standards in June 2019 concerning the application of the Convention. In particular, the Committee observed that the Conference Committee called upon the Government to: (i) ensure that there are no obstacles to the registration of trade unions, in law and practice, in conformity with the Convention; (ii) act expeditiously to process pending applications for trade union registration; (iii) ensure that all trade unions are able to exercise their activities and elect their officers in full freedom, in law and in practice, in accordance with the Convention. It further called upon the Government (iv) to amend the Trade Union Law to ensure that: the level of minimum membership required at the enterprise level, as well as for those forming general unions and confederations, did not impede the right of workers to form and join free and independent trade union organizations of their own choosing; and that workers were not penalized with imprisonment for exercising their rights under the Convention; and (v) to transmit copies of the draft Labour Code to the Committee of Experts before its session in November 2019. Finally, the Conference Committee invited the Government to accept ILO technical assistance to assist in implementing these recommendations.

Article 2 of the Convention. Right of workers to establish and join organizations of their own choosing. Application in law and in practice. The Committee recalls from its previous comments the Government’s indication that the Minister of Manpower created a legal and technical committee reporting directly to him mandated with examining all problems facing union organizations that had failed to regularize and then to offer the required technical support. The ministerial committee had examined the submissions and informed the organizations of some legal and procedural restrictions on 27 August 2019. The Government added that 11 new union committees (only ten different names were provided by the Government) were created during the months of July and August and one new general union was formed bringing the number of such unions established according to the 2011 Ministerial Declaration on Freedom of Association to five general unions, including two that were not members of a higher union federation. The Committee had noted the subsequent indication by the Government that the ministerial committee had further reviewed registration papers submitted by the following 11 new trade union committees and was finalizing the procedures so that they could receive certificates of legal personality: (Trade Union Committees of Workers in Real Estate Tax in Kafr Al Sheikh, Giza and Beni Sewaif; Trade Union Committee of Workers in the Water and Sanitation Company in Qena; Trade Union Committee of Sanitation Workers in Gharbeya; Trade Union Committee of Representatives of associations and private institutions; Trade Union Committee of Workers in Hunting in Giza; Trade Union Committee of Workers in Transportation and Transport in Giza; Trade Union Committee of Workers in Cement in Suez; Trade Union Committee for Workers in Transportation and Transport in Damietta; Trade Union Committee for Workers in Telecommunications in Qena).

The Committee notes the information provided by the ITUC that since the dissolution of all independent unions in 2018, workers and their representatives have sought the re-registration of their unions but still face an arduous and arbitrary process and in practice the authorities still impose excessive and absurd registration requirements, such as obtaining the employer’s approval and stamp. As regards the eleven trade union committees in particular for which the Government had indicated the procedures for recognition were being finalised, the ITUC and the PSI indicate that three of the eleven - the Trade Union Committees of Workers in Real Estate Tax in Kafr Al Sheikh and Giza, the Trade Union Committee of Workers in the Water and Sanitation Company in Qena and the Trade Union Committee of Sanitation Workers in Gharbeya - were still awaiting registration. They further refer to the Trade Union Committee of Quality Assurance in Giza, which has been awaiting registration for over a year. They add that no tangible progress has been made by the technical committee mandated to review the obstacles to trade union registration and that, since March, no meeting has been organized, even virtually. The ITUC and the PSI submit a list of 19 trade union organizations that have yet to be registered, despite their complying with the administrative requirements, and another ten organizations that had adjusted their legal status based on the new administrative requirements yet continued to be refused the necessary papers for their operation.

The Committee takes due note of the Government’s reply that the Ministry already meets with the trade union organizations seeking to be constituted and helps them to resolve all of their problems and guarantees them all of their entitlements pursuant to the applicable law. According to the Government, the Ministry has succeeded in surmounting many of the obstacles facing them, although the events that have affected the world, including Egypt, as a result of the repercussions of the coronavirus crisis have prevented this from being completed at the speed hoped for. On the one hand, workers in the Ministry and in the municipalities were granted exceptional leave and on the other hand, representatives of the trade union organizations were obliged to isolate at home for periods of time as a precautionary measure and informed the Ministry officially thereof. More generally, the Government indicates that the time taken for the completion of the registration process varies with the extent of awareness of the organization, which submits the legally required documents. In the case of completion of documents, the legal representative shall be given the minutes of submission within approximately two days. In the case of incompletion of documents, the organization submitting the documents shall be informed of the required documents to be submitted, and the manner of getting them. In the case that the documents submitted are found to be incorrect or insufficient, the competent administrative body shall have the right, within thirty days as of the date on which the documents were deposited, to notify the legal representative of the organization thereof by means of a recommended letter. If a trade union organization does not rectify its documents or procedures, which are the subject of notification, or complete the documents or procedures within thirty days as of the date on which the notification was received, the competent administrative body shall have the right to object to the establishment of the trade union organization before the competent labour tribunal. Numerous trade union organizations, which exercised their activity in accordance with the Ministerial Declaration of 2011, succeeded in regulating their status or in submitting the incorporation documents, and became integrated under a legal umbrella, which regulates their status on an equal basis with organizations established under the previous law. The Government adds that it has received approximately 67 incorporation applications to date. It reaffirms its belief that full compliance with international labour standards especially freedom of association and collective bargaining is one of the most important pillars for the stability of industrial relations, its regularity, and its positive impact on production and economic growth. The Government adds that there are numerous challenges and difficulties encountering the three social partners, especially since the new trade union movement in Egypt is a nascent trade union movement that should be fostered and provided with all relevant support. The Government emphasizes that the technical assistance project to be implemented on "Strengthening labour relations and its institutions in Egypt" provides a real opportunity to raise awareness on freedom of association and the role of the social partners in observing international labour standards and in overcoming any difficulties. The Ministry has set up a standing committee to examine complaints submitted by trade union organizations and to provide them with the necessary technical assistance by virtue of Ministerial Decision No. 162 of 2020, published in the Egyptian Official Gazette in order to ensure its sustainability. During the month of November, the standing committee held four sessions and examined twenty-six cases. To date, ten union committees were given certificates of legal personality. Other trade union committees were completing their papers.

The Government further indicates that it has reached out to the three trade union committees in the above list that had not yet finalized their registration. According to the Government, two had not replied to its invitation while one indicated that it was finalising its papers. The Government has also reached out or will reach out to the 19 trade union committees mentioned in the most recent communication from the workers’ organizations, four of which have already received their certificate of registration. As regards the ten trade union committees that had completed the registration process but not received the necessary papers for their operation, the Government indicates that four of them now have their certificates of registration, two have taken the matter to the courts (one has won the appeal while the other is in the process), three will be invited to the Ministry to resolve any outstanding issues and one has simply not set up its executive board.

While welcoming the steps taken by the Government to engage with unions requesting registration and to assist them in the completion of this process, the Committee expects that the Government will take all necessary measures to ensure the elimination of excessive registration requirements, such as obtaining the employer’s approval and stamp, so that they may be registered without further delay. Given the numerous challenges to registration that continue to be raised, the Committee trusts that, on the basis of the 2019 amendments which had lowered the minimum membership requirement, the remaining organizations will receive their certificates of legal personality without delay so that they will be able to exercise their activities fully, in accordance with the Convention. The Committee requests the Government to continue to provide detailed information on the number of trade union registration applications received, the number of registrations granted, the reasons for any refusals to grant, as well as information on the average time taken from filing to registration.

Minimum membership requirements. In its previous comments, the Committee noted with interest the adoption on 5 August 2019 of Law No. 142 lowering the minimum membership requirement to 50 workers for the formation of a trade union committee at enterprise level, to ten union committees and 15,000 members for a general union and to seven general unions and 150,000 members for the establishment of a trade union federation (that is, a confederation). The Committee notes the ITUC observation indicating that the thresholds are still too high and in a context of intimidation and continued repression of union activities, workers and their representatives may be severely hampered in their efforts to gather such high numbers, especially in small and medium-sized establishments and in small industries or sectors. While noting the Government’s indication that the amendments were submitted to, and adopted by the Supreme Council for Social Dialogue, which deemed the numbers to be appropriate for the labour force in Egypt and proportionate to the number of establishments, the Committee once again recalls that the minimum membership requirement should be fixed in a reasonable manner so that the establishment of organizations is not hindered in respect of all levels of formation (see the 2012 General Survey on the fundamental Conventions, paragraph 89). The Committee once again requests the Government to continue to review these requirements with the social partners concerned so as to ensure that all workers are able to form and join the organizations of their own choosing and that their organizations can establish and join federations and confederations freely.

Article 3. Right of workers’ organizations to organize their administration without interference and to enjoy the benefits of international affiliation. In its previous comments, the Committee noted with interest that Law No. 142 amended sections 67, 68 and 76 so as to eliminate all references to imprisonment and establishing uniquely the payment of a fine. The Committee requested the Government to keep the application of these provisions under review and to inform of any penalties imposed, with specific reference to section 67. While noting the Government’s indication that section 67 is restricted to acts of any entity which uses- without any right to do so- in its communications, posters or ads etc., the name of a trade union organization, or exercises a union activity which is restricted to the members of the boards of directors of the trade union organization, thus aimed at the protection of trade union organizations from other entities, the Committee notes with concern from the information provided by the ITUC and PSI that this section was precisely used against the President of the Trade Union Committee of workers in Education in the Qena Governorate who was fined for leading a non-registered trade union without possessing the necessary letters to operationalize the organization. The ITUC and PSI add that this trade union committee deposited its application in May 2018 and obtained a receipt from the Directorate of Labour but did not succeed in getting a stamped procès-verbal. The Committee recalls in this respect that although the official recognition of an organization through its registration constitutes a relevant aspect of the right to organize, as it is the first measure to be taken so that organizations can fulfil their role effectively, the exercise of legitimate trade union activities should not be dependent upon registration (see the 2012 General Survey on the fundamental Conventions, paragraph 83). The Committee requests the Government to review this case in light of its own explanation as to the aim of section 67 and indicate the measures taken or envisaged to ensure that these broadly worded sections are not used to penalise trade unions for carrying out their activities even if the final stages of the registration process have yet to be completed. It further requests the Government to inform it of any further penalties imposed under these provisions and the reasons for such penalties.

The Committee had also observed that the Trade Union Law set out certain specific conditions for trade union office (section 41.1 and 41.4) which it considered interfered with the right of workers’ organizations to elect their representatives in full freedom, in particular the requirement to read and write and matters related to military service. The Committee notes the Government’s indication that representatives of trade union organizations had agreed on the importance of these conditions for those who nominate themselves to the administrative and financial management of the organization since the board of directors is the executive authority. With respect to military service, the Government indicates that the provision does not specify the condition of having completed the military service, but it sets down the requirement of indicating the status vis-à-vis the military service. According to the Government, the reason for this is that if the candidate is doing his military service, this will conflict with his carrying out his trade union duties. While the ITUC alleges that the military service requirement specifically implies that migrant workers cannot stand for office, the Committee takes due note of the Government’s observation that section 41(1) calls for a candidate to trade union office to have performed or have been legally exempt from military service, the latter of which would be the case for migrant workers who would therefore not be subject to this condition. The Committee nevertheless considers that such stipulations should be the prerogative of trade union by-laws rather than being set by the legislation concerning trade unions. The Committee once again requests the Government to review these requirements with the social partners concerned with a view to bringing them into conformity with the Convention.

Further comments by the ITUC. The Committee further notes that the ITUC objects to a number of other provisions of Law No. 213 of 2017. In particular, the ITUC considers that section 5 of Law, which provides that a trade union may not be founded on a religious, ideological, political, partisan or ethnic basis runs counter to Article 2 of the Convention. The Committee notes the Government’s indication that the purpose of this provision is precisely to protect workers from discrimination and to ensure that they are not deprived of trade union membership on these grounds. In this regard, the Committee recalls that it has previously noted that the right of organizations to draw up their constitutions and rules must be subject to the need to respect fundamental human rights and that this means that it would not be inconsistent with the requirements of the Convention to require that union rules not discriminate against members or potential members on grounds of race, colour, sex, religion, political opinion, national extraction or social origin.

The ITUC further refers to detailed provisions in sections 30 and 35, which set out the competencies of executive committees and election procedure for general assemblies and section 42, which imposes detailed rules on the membership of executive committees and circumscribing their functions. The Committee notes the Government’s indication that these sections are purely regulatory to support and organize the work of the trade union movement. Finally, the Committee notes the ITUC’s observations that section 58 makes the accounts of organizations subject to the control of a central accounting body amounting to interference in their administration while the Government indicates that this body audits free of charge in order to protect workers and provide support for the organizations. The Committee recalls that legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference which is incompatible with the Convention. Where such provisions are deemed necessary, they should simply establish an overall framework within which the greatest possible autonomy is left to the organizations for their functioning and administration. Moreover, as the autonomy and financial independence are essential elements of the right of organizations to organize their administration in full freedom, any legislative intervention in this respect merits the attention of the Committee. While it accepts legislative requirements that the constitutions of organizations should contain provisions relating to their internal financial administration or which provide for external supervision of financial reports, with a view to ensuring the conditions for honest and effective administration, it considers that other interventions are incompatible with the Convention. For example, the Committee considers that such supervision is compatible with the Convention when: the supervision is limited to the obligation of submitting annual financial reports; verification is carried out because there are serious grounds for believing that the actions of an organization are contrary to its rules or the law and is limited to cases in which a significant number of workers (for example, 10 per cent) call for an investigation of allegations of embezzlement or lodge a complaint. However, the Committee considers that such supervision is incompatible with the Convention if the law tends to over-regulate matters that should be left to the trade unions themselves and their by-laws, including providing for financial supervision of the accounts by the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 108–110). Finally, the Committee observes that section 7 empowers in vague and broad terms the Minister to request the competent labour court to hand down a decision to dissolve the administrative board of a trade union organization if there is a violation of the law or a perpetration of gross financial or administrative violations. The Committee requests the Government to review these provisions and their application with the social partners concerned with a view to bringing them into conformity with the Convention.

Labour Code. In its previous comments, the Committee noted the draft Labour Code transmitted by the Government and which was being debated in the Manpower Committee of the Parliament. It welcomed the Government’s statement that all provisions of the draft Labour Code would continue to be reviewed and that the Committee’s comments would be presented to the Parliament. In reply to the Committee’s considerations in relation to the right to strike, the Committee notes the Government’s reaffirmation that the right to strike is a constitutional right and that its provisions are formulated through consultation and dialogue with both workers’ and employers’ representatives. In respect of the Government’s reiteration that the obligation to declare the duration of the strike does not specify a maximum period or periods of a strike action, which may be extended or renewed for similar periods, thus safeguarding the aim of a strike action as a legitimate means of pressure, the Committee recalls that workers and their organizations should be able to call a strike for an indefinite period if they so wish (see the 2012 General Survey on the fundamental Conventions, paragraph 146). As for the prohibition of strike action in strategic or vital establishments in which the suspension of work will result in a breach of national security, or in main or vital services, which are provided to citizens, the Government recalls that the identification of such facilities and the rules governing strike action will be issued by the Prime Minister. As regards the reference to a specific trade union organization in section 78 of the draft Labour Code, the Committee notes the Government’s indication that this was an error and that the Manpower Committee has been contacted to rectify it. Recalling that restrictions on the right to strike should be limited to public servants exercising authority in the name of the State, essential services in the strict sense of the term and situations of acute national crisis, the Committee expresses the firm expectation that the Labour Code will be adopted without delay and that it, along with any implementing decrees, will be fully in line with the Convention. The Committee requests the Government to provide information on the progress made in this regard and to transmit a copy of the Labour Code as soon as it has been adopted, as well as relevant regulations that may have been issued thereunder.

As regards the work on a Law regulating domestic work, the Committee notes the Government’s indication that the new draft law is still under preparation and an initial societal dialogue was held on its first draft with the social partners, experts and specialists and numerous members of Parliament. The Government adds that the Trade Union Law applies to domestic workers who will have the right to form trade unions to defend their interests. Recalling that the draft Labour Code excludes domestic workers from its coverage, including the chapters relating to collective labour relations, the Committee once again requests the Government to provide a copy of the law regulating domestic work as soon as it is adopted, as well as a copy of the model employment contract. It further requests the Government to indicate the names of any trade unions of domestic workers that have been registered and the dates on which registration was approved.

Articles 2 and 3 of the Convention. Measures to encourage permanent or regular employment. In its previous comments, the Committee requested the Government to communicate information on measures taken to encourage the provision of permanent or regular employment of dockworkers, in light of the Government’s indication in its 2012 report that the majority of dockworkers employed in loading and unloading are irregular workers. The Government indicates that opportunities for permanent and regular employment will increase thanks to the ongoing expansion projects of the Suez Canal, as well as the facilities in Damietta port comprising packaging companies, food factories, and shipping and port handling enterprises. According to the Government, the port handling enterprises guarantee dockworkers’ jobs by regularly renewing temporary employment contracts. These enterprises keep a register of workers by means of an electronic database of human resources, which was established for the prompt supply of the workforce. The Committee requests the Government to continue providing information on the development of the port sector so as to encourage the provision of permanent or regular employment of dockworkers. It requests the Government in particular to, in accordance with Article 3, provide specific information on the numbers of dockworkers on the registers maintained by the port handling enterprises and any variations in their numbers. In this regard, the Committee invites the Government to indicate the manner in which the above-mentioned electronic database of human resources is compiled and kept up to date, the different occupational categories of dockworkers registered in the database, and whether it is used in such a way as to ensure priority of work for dockworkers. The Committee also requests the Government to indicate whether this system of an electronic database of dockworkers is limited to the Damietta port or whether similar databases are held for the country’s other ports.

Article 6. Efficiency of work in ports. In its previous comments, the Committee requested information on the application of safety, health, welfare and vocational training provisions to dockworkers. The Committee notes the legislative texts (the Labour Code) and regulatory texts (Ministerial Decree No. 211/2003) on safety, health and social protection to which the Government refers, reporting that they are applicable to dockworkers. With regard to vocational training, the Government refers to training provided in various specialized vocational colleges, leading to a pre-university degree in logistics, particularly at the Saïd maritime port vocational college. The Committee requests the Government to specify whether specific regulations or collective agreements provide for the need to ensure skills training, and refresher and professional development courses for dockworkers. The Committee requests the Government also to specify whether vocational training is ensured within the enterprise or by a public body.

The Committee notes the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 3 of the Convention. Definitions. In its previous comment, the Committee recalled that the Convention, through the definition of the term “worker”, applies specifically to any person engaged in dock work. It noted that the definition referred to by the Government in accordance with the national legislation, that is “any natural person who works in return for remuneration with an employer, under his supervision or management”, was not in conformity with the definition contained in Article 3 of the Convention. The Committee requests the Government to indicate whether national laws or regulations contain a specific definition of workers engaged in dock work within the meaning of the Convention. If not, the Committee encourages the Government to take the necessary measures to provide for such a definition with the objective of specifying the workers in docks to which the protection measures required by the Convention will apply.

Article 4(3). Adoption of technical standards or codes of practice. Noting that the Government once again refers to Book V of the Labour Code No. 12 of 2003, Order No. 211 of 2003 and Ministerial Order No. 129 of 2007, the Committee recalls that Article 4(3) envisages that the practical implementation of the technical standards prescribed by the Convention, as set out in national laws and regulations, shall be ensured or assisted by technical standards or codes of practice approved by the competent authority, or by other appropriate methods consistent with national practice and conditions. In this regard, the Committee draws the Government’s attention to the practical guidance contained in the ILO Code of practice on safety and health in ports (revised 2016). The Committee requests the Government to indicate the measures adopted to give effect to this provision of the Convention.

Article 6(1)(c). Arrangements enabling workers to report to their immediate supervisor any situation presenting a risk. The Committee notes the Government’s indication that, in accordance with the Schedule of responsibilities of persons engaged in loading and unloading, supervisors must immediately report to their hierarchical superiors any damage, deterioration or defective stowage and identify the causes so that the appropriate measures can be taken. The Committee requests the Government to indicate whether the provisions of the regulations that are in force provide specifically for the possibility for workers in docks to report forthwith to their immediate supervisor any situation which they have reason to believe could present a risk.

Article 8. Cessation of work in workplaces that have become unsafe. The Committee notes that the Government refers to section 215 of the Labour Code and section 4 of Order No. 211 of 2003, which refer to the requirement for establishments to prepare emergency plans. Noting that these provisions contain measures of a general nature, the Committee recalls that this Article of the Convention requires the adoption of emergency measures specific to dock work. The Committee requests the Government to specify the provisions of laws or regulations which require the adoption of effective measures to protect workers in docks (for example, fencing, flagging or other suitable means including, where necessary, cessation of work) whenever their workplace has become unsafe, until the place has been made safe again.

Article 11. Width of passageways for pedestrians and cargo-handling appliances. The Committee notes that the Government refers once again to section 28 of Order No. 211 of 2003, which is general in scope. The Committee once again requests the Government to indicate whether, in response to the specific risks related to the use of vehicles in docks where cargo is handled, a minimum width has been prescribed for passageways for vehicles and cargo-handling appliances, and separate passageways for pedestrian use, as required by this Article of the Convention. If not, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to this Article of the Convention.

Article 13(5) to (7). Precautions to be taken if a guard is removed. The Committee notes that the Government refers to section 28 of Order No. 211 of 2003, under the terms of which passageways must be free from holes, unsecured evacuation covers, valve assemblies installed vertically and any structure likely to give rise to a risk of collision or slippage by a pedestrian. The Committee observes that this provision, which is of a general nature, does not specifically relate to the precautions required by the Convention in cases where any guard is removed or any safety device is removed from machinery used in dock work, and particularly from any lifting appliance, mechanized hatch cover or power-driven equipment. The Committee therefore once again requests the Government to indicate the measures adopted or envisaged to give effect to Article 13(5) to (7) of the Convention.

Article 15. Adequate means of access to the ship. The Committee notes that the Government refers to section 31, Part 2, of Order No. 211 of 2003 respecting storage and maintenance in warehouses. The Committee observes that this provision of general scope does not relate to the installation and securing of safe means of access to a ship during loading or unloading alongside a quay or another ship, in accordance with this Article. The Committee therefore requests the Government to indicate the provisions which require the installation of safe means of access to a ship when it is being loaded or unloaded alongside a quay or another ship.

Article 17. Access to a ship’s hold or cargo deck. The Committee notes that the Government refers to Order No. 520 of 2003 respecting the arrangements and conditions for permits for the exercise of activities related to maritime transport in Egyptian ports, under the terms of which an operator holding a licence or a contractor of a port authority shall undertake to carry out work within docks in accordance with all the standards, conditions and instructions issued by the port authority in relation to the environment, security and occupational safety and health. The Committee requests the Government to indicate the provisions of laws or regulations or, by way of illustration, the instructions or rules issued by port authorities, respecting the means of access to a ship’s hold or cargo deck during loading and unloading.

Article 18. Construction of hatch covers or beams. The Committee notes that the Government once again refers to section 29 of Order No. 211 of 2003. It recalls that section 29 refers to lifting appliances and not to hatch covers and beams. The Committee therefore once again requests the Government to indicate the provisions of laws or regulations that give effect to this Article of the Convention in respect of hatch covers and beams, and particularly their strength, maintenance, access and marking.

Articles 28, 29 and 30. Application of the Convention. The Committee notes that, with regard to the effect given to these Articles of the Convention, the Government refers to section 29 of Order No. 211 of 2003. However, the Committee notes that, as it is of a general nature, this section does not cover the specific measures required. The Committee requests the Government to indicate the measures adopted to give effect to Article 28 (rigging plans to permit the safe rigging of derricks and accessory gear), Article 29 (pallets and similar devices for containing or supporting loads) and Article 30 (raising and lowering of loads).

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide any information that it considers useful as a basis for a general appreciation of the manner in which the Convention is applied, including information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the action taken as a result, the number of occupational accidents and diseases reported, and relevant extracts from the reports of the inspection services concerned. The Committee also invites the Government to provide information on any opinions, proposals or resolutions issued by the Tripartite Advisory Committee established under Order No. 324/2014 on matters relating to safety and health in dock work. Finally, the Committee requests the Government to provide a copy of the Schedule of responsibilities of persons engaged in loading and unloading, to which the Government has referred on several occasions.

Comments adopted by the CEACR: Egypt

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Comments adopted by the CEACR: Egypt

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