Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 29) sur le travail forcé, 1930 - Egypte (Ratification: 1955)

Autre commentaire sur C029

Observation

Demande directe

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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.