Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that while the sale and trafficking of children for the purpose of sexual exploitation was prohibited, Egypt did not have specific legislation prohibiting the sale and trafficking of children under 18 years of age for labour exploitation. However, the Committee noted that section 4 of Law No. 126 of 2008 on Amending Provisions of the Child Law, Penal Code and Civil Status (Law No. 126), sought to amend the Penal Code by adding section 291, which stated that “any person who sells, buys or offers a child for selling in addition to delivering, receiving or moving a child as a servant, sexually or commercially exploiting the same or employing him in compulsory work or other illegal purposes, shall be punished by imprisonment for not less than five years and a fine of at least 50,000 Egyptian Pounds (EGP) and maximum EGP200,000”. The Committee requested the Government to indicate if this provision included all persons under 18 years of age.

The Committee notes that Law No. 126 was adopted on 15 June 2008, and notes the Government’s statement that the prohibition of trafficking in the Penal Code applies to all persons under 18 years of age. In this regard, the Committee notes with satisfaction that, pursuant to section 4 of Law No. 126, the Penal Code was amended to include section 291 (prohibiting the sale and trafficking of a child for both sexual and labour exploitation), and that pursuant to section 1 of Law No. 126, section 2 of the Child Law was amended to define a child as every person under 18 years of age. The Committee further notes the information in a report on trafficking in persons in Egypt of 14 June 2010 (Trafficking Report), available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that in May 2009, an Alexandria court convicted two men of trafficking pursuant to the amendments contained in Law No. 126. The court sentenced one of the traffickers to 15 years’ imprisonment, and the other to life in prison.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that, according to the text of the Child Law dated October 2008, section 94 of the Child Law provides that the age of criminal responsibility in law starts at 7 years and that section 111 of the Child Law provides that children aged between 15 and 16 years are liable to confinement in jail for not less than three months.

The Committee notes the Government’s statement that Egyptian law considers a child who has been exploited sexually and commercially to be a victim, and not a criminal. However, the Committee observes that the Government’s report does not provide information on whether children who are victims of commercial sexual exploitation may still be charged with the criminal offence of perversion. While the Government’s report provides information on the penalties for persons who violate the right of a child to protection against commercial sexual exploitation (pursuant to section 291 of the Penal Code (as amended)), it appears that section 291 does not address the issue of the criminal liability of the child victim of this offence. In this regard, the Committee notes the information the Trafficking Report that victims of trafficking (many of whom are victims of commercial sexual exploitation) are often detained and children may be sent to juvenile detention, rather than offered rehabilitative services. The Committee therefore once again urges the Government to ensure that child victims of prostitution are treated as victims rather than offenders. In this regard, it requests the Government to take immediate measures to ensure that children under 18 who are used, offered or procured for the purpose of prostitution are not liable to a criminal offence under national legislation.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Trafficking of children for commercial sexual and labour exploitation. The Committee previously noted that Egypt is a country of transit for underage girls from Eastern Europe and the former Soviet Union who are trafficked into Israel for labour and sexual exploitation, and a source country for children trafficked within the country for commercial sexual exploitation and domestic servitude. The Committee also noted the establishment of the “National Coordinating Committee to Combat and Prevent Trafficking in Persons” (NCC) in July 2007 and that the National Council for Children and Motherhood (NCCM) established a unit specializing in combating child trafficking. It further noted the launching of an awareness campaign entitled “Stop human trafficking immediately”. It requested information on the impact of these measures.

The Committee notes the Government’s statement that there is no child trafficking in Egypt. However, the Committee notes the Government’s statement in its report to the Committee on the Elimination of Discrimination Against Women (CEDAW) of 5 September 2008, that Egypt is a transit country for victims from African and South-East Asian countries, the former Soviet Republics, and Eastern European countries and that the Suez Canal is a main transit route for human trafficking (CEDAW/C/EGY/7 page 25). The Committee also notes the statement in the compilation of United Nations documents submitted to the Human Rights Committee for the Universal Periodic Review of 26 November 2009 that UNICEF reported several instances of child trafficking in Egypt in 2009 (A/HRC/WG.6/7/EGY/2, paragraph 16). In its report to CEDAW, the Government also identifies a new type of trafficking, whereby, under the pretence of marriage, wealthy men from neighbouring countries pay poor rural families for “temporary marriages” to their daughters (CEDAW/C/EGY/7, page 25). The Trafficking Report indicates that the victims of these temporary marriages are often under 18 years of age. The Committee further notes the information in the report of the UN Special Rapporteur on trafficking in persons, especially women and children of 20 May 2010, that common forms of trafficking in persons in Egypt include trafficking for the purposes of sexual exploitation of under-aged girls through “seasonal” or “temporary” marriage, child labour, domestic servitude and other forms of sexual exploitation and prostitution (A/HRC/19/32/Add.5, paragraph 9).

Nonetheless, the Committee notes that the Government is taking some measures to combat this phenomenon; the Trafficking Report indicates that the NCCM, following a study on the issue of temporary marriages, launched a campaign against underage marriages to Arab tourists in a governorate where these commercial short-term marriages are common. Moreover, the Committee notes the Government’s statement in its report to the UN Human Rights Committee of 16 November 2009, that the NCC has intensified its awareness campaigns, using the media to raise public awareness of trafficking (A/HRC/WG.6/7/EGY/1, page 20). Despite these measures, the Committee notes that the CEDAW, in its concluding observations of 5 February 2009, expressed concern about the temporary marriages of young Egyptian girls to wealthy men from neighbouring countries, and about the Government’s failure to address the root causes of trafficking (CEDAW/C/EGY/CO/7, paragraphs 25 and 27). The Committee therefore strongly requests the Government to redouble its efforts, through the NCC, to prevent and eliminate the trafficking of children. It requests the Government to provide information on the concrete measures taken in this regard, including initiatives implemented to address the root causes of child trafficking. The Committee also encourages the Government to continue its efforts to raise awareness on the issue of temporary commercial marriages.

Clause (b). Providing the necessary and direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted that the Government does not offer protection services to victims of domestic servitude. It also noted reports that Egypt continued to lack formal trafficking victim identification procedures, so victims of trafficking may be punished for acts committed as a result of being trafficked. The Committee further noted credible reports that indicated that police sometimes arrest street children for prostitution or forced begging and treat them as criminals rather than victims.

The Committee notes the information in the Government’s report to the UN Human Rights Committee of 16 November 2009, that the Ministry of the Interior has set up special units in the Department for the Protection of Public Morals and the Department for Youth Welfare to systematize procedures for dealing with trafficking cases and that a rehabilitation centre for victims of trafficking was established in the Salam district of Cairo (A/HRC/WG.6/7/EGY/1, page 20). The Committee also notes the information in the Trafficking Report that the Ministry of Health (MOH) entered into an agreement with the International Organization for Migration to establish a care centre for trafficking victims in a Cairo public hospital (due to open in 2010), staffed with MOH employees trained in identifying and assisting trafficking victims.

However, the Committee also notes the information in the Trafficking Report that, despite receiving training in victim identification, government officials did not employ formal procedures to identify victims of trafficking or to refer these victims to appropriate services. The Trafficking Report indicates that victims of trafficking, including street children, were often treated as criminals rather than victims, and sent to juvenile detention centres or incarcerated with adults. The Committee expresses its concern at the continued criminalization of child victims of trafficking and urges the Government to take the necessary measures to ensure that child trafficking victims are treated as victims rather than offenders. In this regard, the Committee requests the Government to take effective and time-bound measures, as a matter of urgency, to ensure that child victims of trafficking have access to rehabilitation and social integration services.

Clause (d). Identifying and reaching out to children at special risk. Children working in agriculture. The Committee previously noted the collaboration between the Ministry of Manpower and Migration and the Ministry of Agriculture to prevent underage children from working in the cotton harvesting sector and to provide children working legally with the necessary protection while engaging in agricultural activities. It noted that monitoring and follow-up systems for working children were established, within which inspections are conducted on large agricultural plantations. The Committee requested the Government to provide information on the number of children who were prevented from performing hazardous work as a result of the activities conducted by child labour inspectors in the agricultural sector.

The Committee notes the information in the Government’s report that, in the first quarter of 2010, the labour inspectorate detected six violations involving children in agriculture in addition to 68 violations of Order No. 118 (which prohibits children under 18 from performing certain types of agricultural tasks). The Government indicates in this report that citations were issued for these violations. The Committee also notes the child labour inspection report submitted with the Government’s report under the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which indicates that in the last three months of 2009, 1,668 warnings and seven citations were issued by labour inspectors regarding violations detected during daily periodic inspections (of both rural and urban workplaces). This child labour inspection report indicates that a further 245 citations were issued after follow-up inspections were conducted. The Committee further notes the information in the Government’s report submitted under the Minimum Age Convention, 1973 (No. 138), that a monitoring and tracking system has been set up for children working in agriculture.

Nonetheless, the Committee notes the information in the Survey of Young People in Egypt (Preliminary Report) of February 2010 (produced by the Egyptian Cabinet Information and Decision Support Centre and the Population Council) that 53 per cent of working children work in the agricultural sector. In this regard, the Committee notes UNICEF information that over a million children are hired each season to bring in the Egyptian cotton crop, and that these children routinely work 11 hours a day, seven days a week, in 40-degree summer heat. The Committee therefore urges the Government to redouble its efforts to ensure that children under 18 who work in agriculture are not engaged in hazardous activities. In this regard, it requests the Government to take measures to strengthen the capacity of child labour inspectors with regard to monitoring of the agricultural sector, and to enhance the functioning of the monitoring and tracking system for children working in agriculture. It requests the Government to provide information on the results achieved.

Street children. The Committee previously noted that large numbers of street children (who have migrated from the countryside) live in urban areas. It also noted that, since 2003, the NCCM and UNICEF have been implementing the National Strategy for the Protection and Rehabilitation of Street Children which aims to rehabilitate and integrate street children back into society. The Committee requested the Government to provide information on the impact of the National Strategy for the Protection and Rehabilitation of Street Children.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes the Government’s statement in its report to the UN Human Rights Committee of 16 November 2009, that the NCCM has proved effective in dealing with the situation of street children (A/HRC/WG.6/7/EGY/1, page 5). The Government also indicates in this report that it provides special care, through 20 specialized programmes, to
children living in difficult circumstances, including street children (A/HRC/WG.6/7/EGY/1, page 18). The Committee also notes the information in the Trafficking Report that the NCCM, in partnership with an international NGO, continues to run a day centre in Cairo to rehabilitate abused street boys involved in forced begging or petty crime.

Nonetheless, the Committee notes the information from UNICEF estimating that there are some one million street children in Egypt. The Committee also notes a report on the worst forms of child labour in Egypt of 10 September 2009 (available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org)) which indicates that street children who work collecting garbage, begging and vending, are particularly vulnerable to becoming involved in illicit activities, including pornography and prostitution and are trafficked internally for the purposes of commercial sexual exploitation, forced begging, and domestic labour. In this regard, the Committee further notes the information in the Trafficking Report that in May 2009, two men were convicted under the amended Child Law and the Penal Code of forcing street children into prostitution with wealthy Egyptians and tourists from the Gulf. The Committee expresses its concern at the situation and high number of street children in Egypt. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to redouble its efforts to ensure that children under 18 years 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 provide information on the impact of the measures taken in this regard.

Clause (e). Special situation of girls. The Committee previously noted one of the three main goals of the Ministry of Education’s policy concerning school-based development, included girls’ education. In this regard, it noted the initiatives taken by the NCCM to reduce the gender gap in seven governorates. It also noted the UNESCO information that, while the gender parity index in both primary and secondary education was on the rise in the country, Egypt was on the list of countries at risk of not achieving the gender parity goal in 2015 or even 2025.

The Committee notes the information in the Government’s report that 77 girl‑friendly schools were established, which provide services to 1,737 girls. The Committee also notes the information in the Government’s report submitted to CEDAW of 5 September 2008, that one-class schools have been established to enable female drop-outs to complete their education (CEDAW/C/EGY/7, page 12). The Government also indicates in this report that, in response to parents in rural areas who do not want to send their daughters to co-educational schools, the Government is attempting to increase the number of girls’ schools in the countryside. Nonetheless, the Committee notes the information in the UNESCO report entitled “Global Monitoring Report – Education for All” of 2010 that girls’ enrolment rates for primary education remain 4 per cent lower than that of boys. This report also indicates that 96 per cent of out-of-school children between the ages of 6 and 11 are female. The Committee therefore urges the Government to strengthen its efforts to achieve gender parity with regard to education, so as to ensure equal protection for girls from the worst forms of child labour. In this respect, the Committee requests the Government to continue providing information on measures taken to facilitate access to free basic education for girls in rural areas.

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