Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Minimum Age Convention, 1973 (No. 138) - Egypt (Ratification: 1999)

Other comments on C138

Observation

Direct Request

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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.