Indigenous and Tribal Populations Convention, 1957 (No. 107) - Egypt (RATIFICATION: 1959)

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Articles 1 and 3 of the Convention. Identification and protection of tribal or semi-tribal populations. The Committee previously noted the Government’s indication that the State endeavoured to know the aspirations and needs of the Bedouin population. It requested the Government to provide further information on the national population groups considered tribal or semi-tribal populations under the terms of Article 1 of the Convention. The Committee notes the Government’s indication in its report that Egyptian legislation does not make distinctions regarding the members of the population. The existence of different provinces does not impede the fair treatment of citizens insofar as the State is committed, through strategic planning, to promote national development and provide employment opportunities for all.

The Committee draws the attention of the Government to the importance of having reliable data on tribal or semi-tribal populations as an essential tool for defining and guiding policies concerning them and for taking appropriate measures to recognize, protect and value the social and cultural identity and traditions of these populations. The Committee requests the Government to provide information on the size of the Bedouin population, and on the regions where this population is settled, including its socio-economic conditions. The Committee also requests the Government to indicate the measures taken or envisaged to protect and promote the institutions, persons, property and culture of the Bedouin populations, in line with Article 3 of the Convention, as well as of any other population considered tribal or semi-tribal under the terms of Article 1 of the Convention.

Articles 2, 5 and 6. Coordinated and systematic measures to protect and promote the social, economic and cultural development of the populations concerned. The Government previously indicated that it endeavoured to formulate long-term plans for the development of the regions in which the Bedouin population lives, taking into account its culture. The Committee requested the Government to provide information on the manner in which the collaboration with the Bedouin population and its representatives was ensured. In this regard, the Government indicates that, irrespective of the province, collaboration and consultation was carried out through the representatives of these populations, trade unions or their parliamentary representatives, aimed at identifying their needs and guaranteeing their equality with all other citizens. In this context, the Government has undertaken development projects and provides different services, particularly in the areas of irrigation, water, security, health and education.

The Committee requests the Government to provide more specific information on the measures taken to implement, in accordance with Articles 2, 5 and 6 of the Convention, coordinated and systematic programmes to protect the Bedouin population and the economic development of the regions where they live. It requests it to provide information on the results achieved and, where relevant, on any difficulties encountered in implementing the specific economic development projects in these regions. In this context, the Committee recalls the importance of seeking the collaboration of the Bedouin population and its representatives, as required under Article 5 of the Convention, and requests the Government to provide more specific information on the manner in which this population is involved in the design and implementation of these projects.

Articles 11 and 12. Land. The Committee previously noted the Government’s reference to the rehabilitation and revaluation of lands which lie within the regions in which the Bedouin population lives. It requests the Government to indicate whether, in these regions the right to property, either collective or individual, is recognized for the members of this population relating to the land they traditionally occupy.

Prospects for the ratification of the most up-to-date Convention. The Committee recalls that, at its 328th Session in November 2016, the Governing Body had requested the Office to commence follow-up with the member States bound by Convention No. 107: (i) encouraging them to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), as the most up-to-date instrument in this subject area, which would result in the automatic denunciation of Convention No. 107; and (ii) collecting information from those member States with the aim of better understanding the reasons for their non-ratification of Convention No. 169, (see document GB.328/LILS/2/1(Rev.)). The Committee notes in this regard that, in the context of the implementation of the ILO Strategy for indigenous peoples’ rights for inclusive and sustainable development, the Office can provide the appropriate support to countries that so wish, including by conducting preliminary assessments and building capacities to establish a legal, strategic and institutional framework to facilitate the implementation of Convention No. 169. The Committee therefore encourages the Government to examine the decision adopted by the Governing Body at its 328th Session in November 2016 and to consider the possibility of ratifying Convention No. 169, which is the most up-to-date instrument in this subject area, if needed with the technical assistance of the Office.

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Article 1. Scope of the application of the Convention. In its previous comments, the Committee referred to the Report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities, adopted by the African Commission on Human and Peoples’ Rights in November 2003, which mentioned that a Berber population existed in Egypt. The Committee also invited the Government to provide information regarding the Nubians and to indicate how many of the Bedouins continue to lead a nomadic lifestyle. The Committee invites the Government to indicate the groups of the national population which fall within the scope of the Convention and benefit from the measures designed to give effect to it, and to indicate the size of these groups and the regions of the country inhabited by them.

Articles 2 and 5. Coordinated and systematic government action. Collaboration and participation. In reply to previous comments, the Government states in its report that the State endeavours to know the aspirations and needs of the Bedouin population as well as formulate long-term plans for the development and rehabilitation of lands which lie within the regions in which they live, in addition to giving them the opportunity to establish economic projects for the development of such regions. The Committee invites the Government to provide specific information on the manner in which the collaboration and consultation of the populations concerned and their representatives is ensured in the design and implementation of measures affecting them and to provide information on such measures.

Revision of Convention No. 107. The Committee recalls that the Governing Body, at its 270th Session (November 1997), invited States parties to Convention No. 107 to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which will, ipso jure, involve the immediate denunciation of Convention No. 107 (document GB.207/LILS/3(Rev.1). The Committee invites the Government to include information on consultations held with the social partners on the possibility of ratifying Convention No. 169.

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The Committee notes the Government’s report which contains information with respect to the Bedouins which are covered by the Convention. Noting from the Report of the 2003 Working Group of Experts on Indigenous Populations/Communities of the African Commission of Peoples’ and Human Rights that Egypt has a Berber population, the Committee requests the Government to provide information on the application of the Convention in respect of this group as well. Further, the Committee also requests the Government to provide relevant information regarding the situation of the Nubians.

The Committee notes the Government’s statement that attention was being paid to consultations with the sheiks of the tribes on matters related to them. It also notes that the Government has continued to establish settlements for the Bedouin population. The Government provided detailed information on development projects, including projects targeting women, and services provided in the regions where Bedouins live. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the well-being of the Bedouin population in the social and economic fields and their traditional culture and livelihood activities. Considering it important that such measures respect the aspirations and initiative of the tribes concerned, the Committee requests the Government to provide further information on how the collaboration and consultation of the populations concerned and their representatives is ensured in the design and implementation of such measures. The Committee also requests the Government to indicate how many of the Bedouins continue to lead a nomadic lifestyle.

The Committee recalls its 1992 general observation in which it encourages States that have ratified Convention No. 107 to give serious consideration to ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee requests the Government to indicate any developments that may have occurred in this regard.

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Economic development of the Bedouin population. The Committee notes the Government’s reply to its previous direct request, indicating that the Government of Egypt attaches importance to the Bedouin populations of the country. It states that all the laws and special systems relating to the indigenous populations apply, whether in the fields of education, employment, medical care or training, in addition to other benefits granted by the State to such persons in view of environmental conditions and mobility. The Government has also indicated generally that the State has carried out large projects aimed at improving their living conditions and offering them appropriate employment opportunities. It indicates that vocational training has been provided to these populations, and refers to several vocational efforts in particular.

Respect for the customs and traditions of the Bedouin population. While noting these indications, the Committee recalls that it has been many years since it received a general appreciation of the way the Convention is applied in the country. While noting that the Government is deploying efforts to extend development opportunities to the Bedouin population, as required inter alia in Article 2 of the Convention, it is less apparent whether the general development effort relating to these populations promotes the development of their own cultures, and the continued enjoyment of their way of life in so far as they decide to maintain their culture (Article 7 and other provisions).

The Committee therefore requests the Government to provide in its next report an indication of the special measures that have been adopted with respect to these populations, to which it has referred in its report, and a general appreciation of how the aims of the Convention are being applied in the country.

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The Committee notes that the Government has not furnished new information on the application of the provisions of the Convention since it supplied information concerning the Bedouin population in its 1965 report. Accordingly, the Committee would appreciate receiving information in the next report on the situation of the indigenous and tribal populations in Egypt, specifically on the Bedouins, who are covered by the Convention. Please indicate any special measures taken or envisaged for the protection of the Bedouin population and to promote their social, economic and cultural development and improve their living conditions, including improving their access to education, health care, employment and vocational training. The Committee also requests information on any measures taken or envisaged to create increased employment and occupational opportunities for members of the population concerned. Finally, please communicate a general appreciation of the situation of the Bedouins in the country, indicating their numbers, how many are leading a nomadic life, how many are settled, and any other information relevant to the application of the Convention.