Worst Forms of Child Labour Convention, 1999 (No. 182) - Egypt (Ratification: 2002)

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

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.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 noted the results achieved through the educational project to combat the worst forms of child labour through the rehabilitation and reintegration of working children into informal and formal education. The Committee noted from UNICEF statistics that the net enrolment rate in primary education for the school year 2012–13 was 93.3 per cent while the proportion of pupils completing the last grade in primary education was 82 per cent (78.7 per cent boys and 84 per cent girls).

The Committee takes due note of the Government’s information regarding the measures taken to reduce the school drop-out phenomenon and its negative consequences on the educational process and on the social, cultural and economic development of Egyptian society. The Committee notes that a project on Expanding Access to Education and Protection for at-Risk Children in Egypt (2016–21) was adopted and is being implemented by UNICEF in cooperation with the Ministry of Education and the National Council for Childhood and Motherhood (NCCM), which aims to expand access to education for 36,000 children, including 6,000 children with disabilities, and to support 15 child protection committees in 15 governorates. In this regard, the Committee notes the Government’s indication that the NCCM implemented a pilot project to reduce school drop-out by preparing trained staff and creating committees to that end. These committees support people and families who are exposed to this problem and enable them to address underlying issues such as poverty, with a view to avoiding drop-outs through regular follow-up action and the provision of advice. Moreover, the Committee notes the Government’s information according to which: (i) the capacity of 1,600 teachers, and psychology and social specialists, as well as of approximately 400 school directors and deputy school directors, was enhanced through 50 training workshops in various governorates; (ii) a guidance manual was developed for persons who deal with children exposed to dropping out from school which includes information on the role of teachers, directors, and specialists; and (iii) interactive educational strategies were used to target 2,500 parents of children who dropped out of school in targeted governorates, who were informed of their role in stopping their children from dropping out of school and of the danger of hazardous child labour. Parents were also encouraged to change their negative views of girls’ education in rural areas and to learn about the problems resulting from their illiteracy.

The Committee notes, 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 are 91.1 and 92.4 per cent respectively, they remain lower at the lower secondary level (12–15 year-olds) at 83.8 and 83.4 per cent respectively, and at the secondary level (15–18 year-olds), at 60.3 and 60.4 per cent respectively. Considering that education is one of the most effective means of preventing the engagement of children in the worst forms of child labour, the Committee requests 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, lower secondary and 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.

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. Trafficking. The Committee previously noted the Government’s information that the unit to combat trafficking in children (TIC unit) of the NCCM, in collaboration with the International Organization for Migration (IOM), established 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.

The Committee notes the Government’s indication that the most important dimension of the National Plan of Action against Human Trafficking (NAP-HT) is the protection and rehabilitation of victims, which includes proactive and solution-based measures at three levels: early detection of human trafficking cases, urgent assistance provided to victims, and the integration of victims in society. The Government also indicates that, in addition to the work of the El Salam Centre for the rehabilitation and reintegration of child victims of exploitation, an integrated programme has been formulated to disseminate indicators which will help in the identification of human trafficking victims, to train the persons responsible for implementing these indicators, to activate a notification mechanism through a direct assistance hotline “16021” addressed to victims, and to prepare a training component for the capacity building of civil society organizations. The Committee requests the Government to provide information on the number of child victims of trafficking under the age of 18 years who have been received in the El Salam Centre, as well as rehabilitated and socially integrated.

Clause (e). Special situation of girls. The Committee previously took note of the several measures adopted to take into account the situation of girls in education, including the establishment of schools for girls and of girl-friendly schools. However, the Committee noted that the UN Committee on the Rights of the Child expressed its concern at the significant gender, income and rural–urban gaps with respect to children who have never enrolled in schools, 82 per cent of whom are girls (CRC/C/EGY/CO/3-4, paragraph 74(c)).

The Committee notes the Government’s information that it is continuing to take several measures to achieve gender parity in education, in particular through its Girls’ Education Initiative, the most recent of which is the signature of a cooperation protocol with the NCCM in 2014 for five years. The Government indicates that it is deploying efforts to reduce the qualitative gaps between girls and boys in order to reduce school drop-out and to provide them with equal protection against the worst forms of child labour. In this regard, the Committee notes with interest that, according to the statistics found in the 2016 UNICEF report, the gender parity index in the net enrolment rates between the 2010/11 and 2015/16 school years averaged 1.005 at the primary level and 1.05 at the secondary level. The Committee encourages the Government to continue its efforts to maintain gender parity with regard to education, 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.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 3(a), 6 and 7(1) of the Convention. Sale and trafficking of children, programmes of action and penalties. The Committee previously noted that the Government adopted and implemented the National Plan of Action against Human Trafficking 2011–13 (NAP-HT), with the aim of preventing human trafficking, protecting and assisting the victims of trafficking, ensuring effective penalties for traffickers and promoting and facilitating national and international cooperation in order to meet these objectives. It noted that the National Coordinating Committee planned to continue its anti-trafficking activities within the framework of the second NAP-HT (2013–15), including the establishment of a unit to combat trafficking in children (TIC unit) within the National Council for Children and Motherhood (NCCM). The Committee also noted the various measures taken to train law enforcement officials on how to deal with victims and aimed at strengthening the capacity of police officers both as first responders as well as investigators of cases of trafficking in persons. The Committee noted, however, that the 2011 Research Project to Study Trafficking Patterns in Egyptian Society conducted by the National Centre for Social and Criminological Research (NCSCR study report) identified the most prevailing forms of trafficking in persons in Egypt as the trafficking of children for labour and sexual exploitation and the trafficking of street children for sexual exploitation and begging.

The Committee notes the Government’s information in its report that it implemented the NAP-HT (2013–15) in collaboration with several bodies led by the National Coordinating Committee against Human Trafficking, the Ministry of the Interior, the Office of the Public Prosecutor, the Ministry of Justice, the Ministry of Social Solidarity, the Ministry of Health and Population, UN bodies, and the International Organization for Migration (IOM). It notes that a third NAP HT for the years 2016–21 was adopted, which aims to maintain referral mechanisms, train law enforcement officials and combat the trafficking of street children.

However, while noting these measures, the Committee notes that the Government does not provide information on the number of investigations and prosecutions in cases of child trafficking for labour or sexual exploitation. The Committee therefore requests the Government to take the necessary measures to ensure the thorough investigation and robust prosecution of perpetrators of child trafficking for labour or sexual exploitation, and to provide information on the penalties applied. It also requests the Government to continue providing information on the impact of the measures taken within the framework of the NAP-HT 2016–21.

Article 3(b). Use, procuring or offering of a child for prostitution. The Committee previously noted that while the Government’s report provided 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), this section does not address the issue of the criminal liability of the child victim of this offence. It noted that section 94 of the 2008 Child Law provides that the age of criminal responsibility starts at 7 years. The Committee noted that 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 the Government’s reference to section 101 of the Child Law, which states 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. Moreover, the Committee observed that the Committee on the Rights of the Child, in its concluding observations under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of July 2011, noted with particular concern that children over 15 years of age who enter prostitution on their own free will are held responsible under domestic legislation which criminalizes prostitution (CRC/C/OPSC/EGY/CO/1, paragraph 35).

The Committee notes the Government’s indication that the protection of the rights of child victims and witnesses is ensured through the UN Guidelines on the Protection of Child Victims of Trafficking, which aim to provide remedies to child victims of crimes, and include the right of child victims to be treated as victims and not as criminals. However, the Committee notes that the Government reiterates that the provisions of the Child Law and of the Penal Code protect children, although these provisions have previously been deemed by the Committee to be 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 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 to ensure that children under 18 years of age who are victims of prostitution are not criminalized and/or imprisoned.

Clause (d). Identifying and reaching out to children at special risk. Children in street situations. The Committee previously noted that there were some 1 million children in street situations in Egypt. It noted that, according to the NCSCR study report, 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. Almost 40 per cent of street children did not commence formal education, while 60 per cent acquired minimum education through primary and preparatory education.

The Committee notes the Government’s information pertaining to the measures taken to protect children under 18 years of age from trafficking, commercial sexual exploitation and begging, including the development and implementation of preventive activities aimed at reducing child trafficking in Egypt, the strengthening of the capacity of officials at the relevant Ministries, government bodies and NGOs that work with children exposed to danger, and the collaboration with civil society organizations and regional and international organizations. However, the Government does not provide information on the impact that the measures taken thus far have had on reducing the phenomenon of children in street situations in Egypt. Recalling that children in street situations are particularly exposed to the worst forms of child labour, the Committee encourages the Government to strengthen 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 once again requests the Government to provide 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.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action against Human Trafficking 2011–13. The Committee notes that the Government adopted and implemented the National Plan of Action against Human Trafficking 2011–13 (NAP-HT) with the aim to prevent human trafficking, protect and assist the victims of trafficking, ensure effective penalties for traffickers, and promote and facilitate national and international cooperation in order to meet these objectives. The Committee notes from the NAP-HT evaluation report that within the framework of this action plan: the provision of microcredit and microfinance lending programmes and grants for the most vulnerable were implemented; several training programmes and workshops were implemented for more than 260 social workers and specialists dealing with homeless and street children; more than 465 human trafficking awareness-raising seminars, including 30 seminars on “seasonal marriages” were held in the selected towns and villages where harmful cultural practices and child labour are prevalent; a manual on human trafficking was published for law enforcement bodies, teachers and social workers; and a national referral mechanism to monitor the activities for combating human trafficking was established. The Committee notes from the NAP-HT evaluation report that the National Coordinating Committee plans to continue its anti-trafficking activities within the framework of the second NAP-HT (2013–15) with special focus on trafficking in street children and homeless children. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the second NAP-HT and on the results achieved in terms of the number of children prevented or withdrawn from trafficking and who subsequently benefited from rehabilitation and social integration.

2. National Action Plan to Combat the Worst forms of Child Labour. Following its previous comments, the Committee notes the Government’s indication that the Ministry of Labour and Manpower promulgated Ministerial Order No. 237 of 2014 for the establishment of a tripartite steering committee to formulate a national action plan to combat the worst forms of child labour. The Committee requests the Government to take the necessary measures to ensure the elaboration and adoption of the National Action Plan to combat the worst forms of child labour. It requests the Government to provide information on the specific initiatives implemented within the context of this national action plan and its impact in terms of eliminating the worst forms of child labour.

Article 7(2). 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 noted the results achieved through the educational project to combat the worst forms of child labour through the rehabilitation and reintegration of working children into informal and formal education.

The Committee notes from the UNICEF statistics that the net enrolment rate in primary education for the school year 2012–13 was 93.3 per cent while the proportion of pupils completing the last grade in primary education was 82 per cent (78.7 per cent boys and 84 per cent girls). According to this report, most of the children between the ages of six to 17 years who never enrolled or who have dropped out come from poor families, live in remote rural communities or are working children. The Committee also notes that according to the findings of the 2010 National Child Labour Survey, there is a 27 per cent decline in the net enrolment rate for both boys and girls who are engaged in child labour. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to intensify its efforts to improve the functioning of the education system through measures aimed at increasing the school attendance rates and decreasing the drop-out rates at the primary and secondary level, particularly of children from rural communities. It requests the Government to provide information on the measures taken or envisaged in this regard as well as on the results achieved.

Clause (e). Special situation of girls. Noting the information from the UNESCO report entitled “Global Monitoring Report – Education for All” of 2010 that 96 per cent of out-of-school children between the ages of six and 11 are female, the Committee urged 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.

The Committee notes from the National Assessment Report on Education For All, prepared by the National Center for Educational Research and the Ministry of Education in June 2014 that within the girls’ education initiative programme of 2000–12, a total of 3,299 one-room schools for girls were established. These schools provide life skills training, in addition to the school curriculum. Moreover, 1,167 girl-friendly schools, which are completely free of cost for girls, were established and 339 community schools, which allocated 70 per cent of the places to female students, were established in cooperation with the Ministry of Education and UNICEF. The Committee notes, however, from the National Assessment Report that the total ratio of girls’ access to primary schools remained low at 48.26 per cent in 2012–13. In this regard, the Committee also notes that the Committee on the Rights of the Child, in its concluding observations of 2011, expressed its concern at the significant gender, income and rural–urban gaps with respect to children who never enrolled in schools, 82 per cent of whom are girls (CRC/C/EGY/CO/3-4, paragraph 74(c). The Committee, therefore, urges the Government to strengthen its efforts through the girls’ education initiative programme, to achieve gender parity with regard to education, so as to ensure equal protection for girls from the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 3(a) and 7(2)(a) and (b) of the Convention. Sale and trafficking of children and effective and time-bound measures to prevent the engagement of children in, and to remove them from, trafficking and ensure their rehabilitation and social integration. The Committee previously noted from the report of the UN Special Rapporteur on trafficking in persons, especially women and children, that trafficking in persons in Egypt often includes trafficking for the purposes of sexual exploitation of underaged girls through “seasonal” or “temporary” marriage, child labour, domestic servitude and other forms of sexual exploitation and prostitution. It requested the Government to redouble its efforts to prevent and eliminate the trafficking of children.

The Committee notes the Government’s information that the National Council for Children and Motherhood (NCCM) established a special unit to combat trafficking in children (TIC unit). The TIC unit provides training for women and girls on income-generating occupations as an approach to combat poverty and thereby putting an end to the practice of “seasonal or temporary marriage” transactions. The Government’s report also indicates that the unit organized 79 training courses for law enforcement officials, NGOs and other social and health services to deal with victims of trafficking and conducted several awareness-raising campaigns against the risks of marriage transactions. According to a report of the United Nations Office on Drugs and Crime (UNODC) of July 2011, a training workshop was conducted for 30 Egyptian police officers on the modules of UNODC Anti-Human Trafficking Manual for Criminal Justice Practitioners and aimed at strengthening the capacity of police officers both as first responders as well as investigators of human trafficking cases.

The Committee also notes the Government’s information that the TIC unit, in collaboration with the International Organization for Migration (IOM) established a centre for the rehabilitation of child victims of trafficking in the city of El Salam which provides secure, transitional accommodation, medical and legal assistance as well as assistance for their return and reintegration. The Committee further notes from the International Trade Union Confederation (ITUC) report for the World Trade Organization General Council review of the trade policies of Egypt that the Government of Egypt made efforts to fight the crime of exploiting young girls through “temporary marriages” and investigated 50 cases and convicted 29 offenders in 2010. The Committee notes, however, that the Research Project to study Trafficking Patterns in Egyptian Society conducted by the National Centre for Social and Criminological Research (NCSCR study report) identified the most prevailing forms of human trafficking in Egypt as the trafficking of children for labour and sexual exploitation, and trafficking of street children for sexual exploitation and begging.

While noting the measures taken by the Government, the Committee expresses its concern that the trafficking of children for labour and sexual exploitation remains a serious problem in practice. The Committee, therefore, urges the Government to take immediate and effective measures to combat and eliminate the trafficking of children under 18 years of age and to ensure the rehabilitation and social integration of all child victims of trafficking. It requests the Government to provide information on the concrete measures taken in this regard and on the results achieved in terms of the number of children removed from this worst form of child labour and their subsequent rehabilitation and social integration.

Article 3(b). Use, procuring or offering of a child for prostitution. The Committee previously urged the Government to ensure that child victims of prostitution are treated as victims rather than offenders.

The Committee notes the Government’s reference to section 101 of the Child Law, which states that a child under the age of 15 years who has committed a crime shall be subject to the following sanctions: reprimand; handing a child over; following a course of training and rehabilitation; carrying out specific duties; judicial testing; working for the public interest which are not hazardous; placement at one of the specialized hospitals or at the social welfare institutions. The Committee notes that 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 for a reduced sentence of imprisonment for three months or to the measures stated in section 101 for children of 15 years or over. In this regard, the Committee notes the information provided by the Egyptian delegation at the 57th Session of the Committee on the Rights of the Child, held on 6 June 2011, that Egyptian law prohibited handing down criminal sentences to children and instead favoured educational and preventive measures. The delegation further stated that as of January 2011, no children had been sentenced to imprisonment.

The Committee, however, notes that the Committee on the Rights of the Child (CRC) in its concluding observations under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of July 2011, noted with particular concern the information provided by the Egyptian delegation that children over 15 years of age who enter into prostitution on their own free will are held responsible under domestic legislation which criminalizes prostitution (CRC/C/OPSC/EGY/CO/1, paragraph 35). In this regard, the Committee must emphasize that children under the age of 18 years who are used, procured or offered for prostitution should be treated as victims and not as offenders (see the 2012 General Survey on the fundamental Conventions, paragraph 510). The Committee, therefore, 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.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the information by UNICEF estimating that there were some 1 million street children in Egypt. The Committee urged 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 notes that the Government’s report does not contain any information on the measures taken to protect street children from the worst forms of child labour. The Committee notes, however, that according to the 2011 NCSCR study report, at least 20 per cent of street children, most of whom are in the age group of 6 to 11 years, are victims of trafficking who are exploited by a third party for sexual purposes and for begging. Almost 40 per cent of the street children did not commence formal education, while 60 per cent acquired minimum education through primary and preparatory education. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee again urges the Government to strengthen 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 concrete measures taken in this regard and on the results achieved.

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

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

Article 5 of the Convention. Monitoring mechanisms. Committees for the protection of childhood. The Committee previously noted that the amendments to the Child Law included provisions for the establishment of committees for the protection of children at all police centres and departments. The Committee requested information on the activities of these committees, particularly the number of children working in the worst forms of child labour who were identified through the action of these committees.

The Committee notes the information in the Government’s report that committees were set up in each governorate to help monitor child labour. These committees, in coordination with the Ministry of Manpower and Migration and the local councils in the governorates, work to implement the National Strategy to Combat Child Labour and to provide services to children removed from child labour. The Government indicates that the committees have successfully withdrawn 23 children from the worst forms of child labour in the first quarter of 2010, and provided health and social services to 789 children.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that the National Strategy to Combat Child Labour aimed to remove children involved in hazardous work and to identify children vulnerable to child labour. The Committee noted the various initiatives to be implemented within the framework of the National Strategy to Combat Child Labour, and requested information on the results achieved through its implementation.

The Committee notes the Government’s statement that a tripartite steering committee was set up to translate the National Strategy to Combat Child Labour into a national action plan. The Committee requests the Government to take the necessary measures to ensure that this national action plan includes measures to combat the worst forms of child labour. It requests the Government to provide a copy of the national action plan, once completed.

Article 7(2). 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 noted that according to UNICEF statistics for 2000–06, the net primary-school enrolment rate was 96 per cent for boys and 91 per cent for girls, and the net secondary school enrolment rate was 85 per cent for boys and 79 per cent for girls. It also noted that the Government was implementing measures to eliminate the worst forms of child labour through the provision of education.

The Committee notes the information in the Government’s report concerning the results achieved through an ongoing educational project to combat the worst forms of child labour, which aims to eradicate these worst forms through rehabilitation and reintegration of working children into informal and formal education. The Government indicates that this educational project, implemented in the governorates of Assiout, Beni Soueif, Sohag and the Red Sea, benefited a total of 11,266 children, exceeding the targeted goal. The Government indicates that this includes 6,909 children who were enrolled in 104 government schools. This educational project also resulted in the inauguration of 15 schools in Sohag (for 312 children) and five schools in Assiout (for 144 children). The Committee also notes the information in 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)) that since 2008 the National Council for Children and Motherhood (NCCM) has worked to provide working minors with social security safeguards, and to provide their families with alternative sources of income to reduce school drop-out rates. Nonetheless, the Committee notes that, according to the UNESCO report entitled “Global Monitoring Report – Education for All” of 2010, there remain approximately 232,000 children between the ages of 6 and 11 who are not in school. Therefore, while taking due note of the measures implemented by the Government, the Committee encourages the Government to pursue its efforts to improve access to free basic education. It requests the Government to provide information, in its next report, on the impact of the measures taken, particularly with regard to increasing school enrolment and completion rates and reducing school drop-out rates.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the National Strategy to Combat Child Labour included the establishment of a database of statistics on working children. The Committee requested a copy of the statistics collected.

The Committee notes the Government’s indication in its report submitted under the Minimum Age Convention, 1973 (No. 138), that, while the central database on child labour is still being developed, the Central Body for Public Mobilization and Statistics is undertaking a comprehensive survey on child labour, in collaboration with the ILO. The Committee requests the Government to take the necessary measures to ensure that this comprehensive survey includes an examination of children engaged in the worst forms of child labour and to provide information on the nature, extent and trends of the worst forms of child labour in Egypt, with its next report. To the extent possible, all information provided should be disaggregated by sex and age.

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 had previously noted that the relevant legislation only prohibits the sale and trafficking of children for the purpose of sexual exploitation and that Egypt does not have specific legislation prohibiting the sale and trafficking of children under 18 years of age for labour exploitation, but that the latter is considered as a kidnapping crime punishable by penal legislation. The Committee notes that article 4 of Law No. 126 of 2008 on Amending Provisions of the Child Law, Penal Code and Civil Status (Law No. 126), provides that section 291 shall be added to the Penal Code stating 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 – even if the crime occurred abroad – shall be punished by maximum imprisonment for not less than five years and a fine of at least 50,000 pounds and maximum 200,000 pounds”. However, the Committee notes that the Penal Code and Law No. 126 do not appear to define the term “child”, in terms of the applicable age. The Committee expresses the firm hope that the prohibitions provided for in the new section 291 of the Penal Code are meant for all children under 18 years of age. It requests the Government to indicate which legal provision specifies the age until which the protection afforded to children under section 291 of the Penal Code is applicable.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 96 of the Child Law states that any child who practices activities connected with prostitution shall be considered guilty of “perversion”. It had therefore noted that children caught in such activities are treated as offenders rather than victims. The Committee notes the Government’s information that amendments will be made to the Child Law so as to provide that children under 12 years of age shall not be liable to a criminal offence when the crime is committed or when the child is exposed to any danger. However, the Committee notes that, according to the text of the Child Law dated October 2008, section 94 of the Child Law provides that criminal liability is lifted off children if they have not reached the age of 7 complete years, and section 97 provides that children under 7 years of age shall be considered liable to perversion in case they are found to fulfil the cases of perversion enumerated under section 96 of the Child Law, or if they commit an act constituting a felony or misdemeanour. The Committee further notes 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 and that section 112 provides that young persons between that ages of 16 and 18 are liable to a prison sentence for up to a minimum of ten years. The Committee recalls that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution is prohibited. The Committee therefore 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 victims of prostitution are not liable to a criminal offence under national legislation.

Article 5. Monitoring mechanisms. 1. Labour inspectorate and child labour inspection units. Following its previous comments, the Committee notes the Government’s information that, this year, inspections were carried out in 41,618 undertakings that employ children, during which the number of children reached was 39,251. As a result, 9,083 undertakings were given warnings to remedy violations with regard to child labour, and 548 minutes were prepared for the violations detected. Furthermore, the Government indicates that the governorates of El Wadi El Gedid, northern and southern Sinai, Luxor and Aswan, were declared governorates free from the worst forms of child labour. The Committee also notes the Government’s information in its report under the Labour Inspection Convention, 1947 (No. 81), that 27 child labour inspection units were set up in different inspectorates for a total number of 87 inspectors. The Committee requests the Government to provide information on the extent and nature of violations detected by the labour inspectors of the child labour inspection concerning children working in the worst forms of child labour, and to provide extracts of their inspection reports.

2. Committees for the protection of childhood. The Committee notes the Government’s information that the new amendments to the Child Law will provide for new mechanisms for the protection of children through the establishment of committees for the protection of children at all police centres and departments. These committees will monitor and follow up on cases where children are exposed to danger, as well as intervene as a preventative measure and remedy any problems that should arise. Indeed, the Committee observes that, according to article 1, section 97, of Law No. 126, “a General Committee for Child Protection shall be established in each governorate” which, among other things, “shall undertake the design of the general politics in the governorate and the follow-up of implementing such policies”. The Committee requests the Government to provide information on the activities conducted by the committees for the protection of childhood with regard to children working in the worst forms of child labour. More particularly, it requests the Government to indicate the number of children working in the worst forms of child labour who were identified through the action of these committees, and then rehabilitated and integrated.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that, in January 2006, a National Campaign to Combat Child Labour was launched under the slogan “Red card to child labour” under the patronage of the First Lady of Egypt and in collaboration with the National Council for Childhood and Motherhood (NCCM) and the ILO Regional Office in Cairo. Furthermore, the Government indicates that the National Strategy to Combat Child Labour aims at removing children involved in hazardous work and at identifying children exposed to the threat of entering the labour market. In this regard, several experimental projects were carried out in six governorates. The Government indicates that the most important results of these projects include the following:

(a)   the publishing of a training manual aimed at bodies working on combating child labour;

(b)   the elaboration of a formula for monitoring and evaluation;

(c)   the preparation of a general framework for the application of the formula to combat child labour based on three main axes: monitoring, protection and prevention; and

(d)   the establishment of a database on working children.

The Committee requests the Government to provide information on the implementation of the National Campaign to Combat Child Labour and the National Strategy to Combat Child Labour and the results achieved in this regard. It also requests the Government to supply a copy of the statistics on working children collected in the database established in the framework of the National Strategy to Combat Child Labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 
1. Education. Following its previous comments, the Committee notes that, according to UNICEF statistics for 2000–06, the net primary-school enrolment ratio is 96 per cent for boys and 91 per cent for girls, while the primary-school attendance ratio is 96 per cent for boys and 94 per cent for girls. The net secondary-school enrolment ratio is 85 per cent for boys and 79 per cent for girls, and the secondaryschool attendance ratio is 72 per cent for boys and 67 per cent for girls. The Committee notes the Government’s statement that 25 consultative committees, composed of several government executive bodies and civil social organizations, were established to work on the issue of child labour in 25 governorates by formulating and carrying out effective and practical measures to eliminate the worst forms of child labour through education and the provision of services. The Government indicates that, as a result, 694 working children were returned to basic education; 7,852 working children joined literacy classes; 1,997 children joined vocational training centres; 2,911 children were provided with social services; 1,894 children were provided with health services; 233 children were provided with assistance; and further assistance, such as exemption from school fees, was provided to 85 children whose families could not afford to pay. Finally, the Committee notes that, according to a 2007 report on findings on the worst forms of child labour in Egypt available on the High Commissioner for Refugees web site (www.unhcr.org), the Government is participating in a
UN–World Food Programme (WFP) project to combat exploitative child labour through education which aims to withdraw 4,300 children and prevent 6,000 children from exploitative labour. The Government is also participating in, among others, a Norwegian-funded interregional (Egypt, Kenya, United Republic of Tanzania) ILO/IPEC project to combat child labour through education and training. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure free basic education and to keep children in school. It requests the Government to provide information on the results achieved by the UN–WFP and ILO/IPEC projects in terms of the number of children prevented from the worst forms of child labour through the provision of educational services. Finally, it asks the Government to provide updated statistical data on school enrolment and drop-out rates.

2. Trafficking of children for commercial sexual and labour exploitation. The Committee had previously noted that Egypt is a country of transit for child trafficking, particularly for underage girls from Eastern Europe and the former Soviet Union who are trafficked into Israel and parts of Europe for labour and sexual exploitation. The Committee notes the Government’s information that Egypt does not have a bad record for child trafficking compared to other countries. However, the Committee notes that, according to a report on the trafficking of persons for Egypt of 2008, available on the web site of the High Commissioner for Refugees (www.unhcr.org), Egypt is a source for children trafficked within the country for commercial sexual exploitation and domestic servitude, although the extent to which children are trafficked internally is unknown. The report also indicates that, in July 2007, the Government established the “National Coordinating Committee to Combat and Prevent Trafficking in Persons” (NCC), which improved intergovernmental coordination on anti-trafficking initiatives. The Committee also notes the Government’s information that, in 2007, the NCCM established a new unit which specializes in the issue of combating and stopping child trafficking. This unit aims to formulate guiding rules and principles to fight the phenomenon of child trafficking and propose appropriate policies and programmes in coordination with the NCC and relevant bodies. Furthermore, the Government indicates that a first awareness campaign was launched under the title “Stop human trafficking immediately”. The Committee urges the Government to redouble its efforts to protect children under 18 years from trafficking for labour or commercial sexual exploitation. It requests the Government to provide information on the number of children who have been prevented from this worst form of child labour through the activities of the NCC, of the special unit to combat child trafficking and through the awareness-raising campaigns.

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 had previously noted that the NCCM and UNICEF announced the establishment of a national hotline to receive complaints of abused children, including child labourers. It has also noted that the NCCM established a Permanent Committee to combat all forms of violence against children, which will have branches in all governorates. However, the Committee notes that, according to the report on the trafficking of persons for Egypt of 2008, available on the web site of the High Commissioner for Refugees (www.unhcr.org), the Government does not offer protection services to victims of domestic servitude. Furthermore, the report indicates that Egypt continues to lack formal victim identification procedures, so victims of trafficking may be punished for acts committed as a result of being trafficked and that credible reports indicate that police sometimes arrest street children for prostitution or forced begging and treat them as criminals rather than victims. Consequently, the Committee urges the Government to ensure that children trafficked for labour or commercial sexual exploitation are treated as victims rather than offenders. It once again requests the Government to indicate whether the Permanent Committee to combat all forms of violence against children provides for the rehabilitation and social integration of children below 18 years who are victims of trafficking, prostitution and domestic servitude. The Committee requests the Government to indicate the number of former child victims of these types of worst forms of child labour who have been protected and rehabilitated as a result of the permanent committee, in its next report. If the permanent committee does not provide for rehabilitation and social integration, the Committee requests the Government to take effective and time-bound measures to ensure such rehabilitation and social integration of child victims of trafficking, prostitution or domestic servitude, as a matter of urgency.

Clause (d). Identifying and reaching out to children at special risk. 
1. Children working in agriculture. The Committee had previously noted that the Ministry of Manpower and Migration and the Ministry of Agriculture are collaborating 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 notes the Government’s information that monitoring and follow-up systems for working children were established, within which inspections are conducted on commercial plantations with a large agricultural production. The child labour inspectors endeavour to enforce the legislation regarding children working in agriculture, and convene awareness‑raising symposia for employers in agricultural undertakings and their employees, in collaboration with the responsible staff in cooperatives, agricultural cooperatives and agricultural counsellors. The Committee requests 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 the child labour inspectors in the agricultural sector.

2. Street children. The Committee had previously noted that urban areas are host to large numbers of street children who have left their homes in the countryside. It had 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 at rehabilitating and integrating street children back in society. The Committee further notes that, according to UNICEF information, Radio Cairo and UNICEF Egypt launched, in March 2007, a radio programme with regular segments entitled “Sizzling Sounds”, which is devoted to the cause of street children. However, the Committee notes that, according to the 2007 report on findings on the worst forms of child labour in Egypt, found on the web site of the High Commissioner for Refugees (www.unhcr.org), there are still between 600,000 and 1 million street children in Egypt. These street children, primarily boys, work in garbage collection, begging, assisting microbuses and vending. The report also indicates that street children in Egypt are particularly vulnerable to becoming involved in illicit activities, including pornography and prostitution. Noting the lack of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the implementation of the National Strategy for the Protection and Rehabilitation of Street Children and the results achieved in terms of protecting children under 18 years from the worst forms of child labour. In particular, it asks the Government to indicate the number of street children who have been rehabilitated and integrated pursuant to the implementation of this National Strategy.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes that, according to the country profile prepared for the UNESCO Education for All Global Monitoring Report of 2008 on non-formal education in Egypt (2008/ED/EFA/MRT/PI/63), one of the three main goals of the Ministry of Education’s policy, which explicitly aims at school-based development, includes girls’ education. The proposed strategies rely on support to initiatives of various providers. One of those providers is the NCCM, which aims to reduce the gender gap in seven governorates, targeting 281,123 girls out of a total of 6,130,584 girls outside formal schooling by building 5,119 classrooms. In this regard, 434 schools have been built and 10,674 girl students enrolled. The Committee also notes that, according to the regional overview of Arab States in the UNESCO Education for All Global Monitoring Report of 2008, the gender parity index in both primary and secondary education is on the rise in Egypt. However, according to that same report, Egypt is on the list of countries at risk of not achieving the gender parity goal in 2015 or even 2025. The Committee therefore requests the Government to redouble its efforts to achieve gender equality with regard to education so as to ensure equal protection to girls from the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the 2007 report on findings on the worst forms of child labour in Egypt, found on the web site of the High Commissioner for Refugees (www.unhcr.org), the NCC charged the National Centre for Criminological and Social Research to undertake a comprehensive study of the trafficking situation in Egypt. The Committee requests the Government to provide information on the progress made in regard to the study on the trafficking situation in Egypt and to provide a copy of the statistics collected in this regard once finalized. It also once again requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour in Egypt and the number of children covered by the measures giving effect to the Convention, as well as the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and requests it to provide further information on the following points.

Article 3. Worst forms of child labour. Clause (a) All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that the relevant legislation only prohibits the sale and trafficking of children for the purpose of sexual exploitation, and had requested the Government to provide information on the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for labour exploitation. The Committee notes the Government’s information that Egypt does not have specific legislation prohibiting the sale and trafficking of children under 18 years of age for labour exploitation but that the latter is considered as a kidnapping crime punishable by penal legislation. The Committee requests the Government to supply the text of the provisions on kidnapping for the Committee’s consideration.

Clause (b). Use, procuring or offering of a child for prostitution and pornography. The Committee had previously noted that sections 1 and 2 of the Law on Combating Prostitution punish procuring prostitution. However, it had noted that, according to sections 2, 95 and 96 of the Child Law, a child under 18 years is “guilty of a criminal offence” if the child undertakes activities linked with prostitution. The Committee notes the Government’s statement that if the child is found to be involved in one of the cases of debauchery referred to in section 96, after the warning phase, one of the measures specified in section 101 shall be applied to the child, namely: a reprimand/censure; giving the child to the party in charge; enrolling the child for vocational training; obliging the child to perform specific duties (i.e. to go at specific times before persons or bodies, or to attend guidance meetings for the minimum period of six months); judicial testing (placing a child in a normal environment under guidance and supervision taking into account duties set down by the court); placing the child in a social care institution or in a specialized hospital. The Committee notes the Government’s statement that all these measures are considered to “reform” a child, who is treated as a victim in need of special care. The Committee takes note of this information. It nevertheless observes that section 96 of the Child Law states that any child who practises activities connected with prostitution shall be considered guilty of “perversion”. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that child victims of prostitution are not liable to a criminal offence under national legislation.

Article 4, paragraphs 2 and 3. Identification of hazardous work and periodic examination and revision of the list of types of hazardous occupations. Following its previous comments, the Committee notes the Government’s statement that one of the most important types of hazardous work recognized by labour inspectors during inspection of child labour is work in mines and quarries, painting and refuse collection.

Article 5. Monitoring mechanisms. 1. Ministry of Manpower and Migration, Labour Inspectorate, and other monitoring mechanisms. The Committee notes the Government’s information that the Ministry of Manpower and Migration (MOMM), the departments and labour offices attached thereto supervise the application of the provisions of the Conventions through the Labour Inspectorate on Child Labour and the General Directorate on Occupational Safety and Health and the Working Environment. It also notes the Government’s information that labour inspectors, on finding violations of Ministerial Order No. 118 (on hazardous work), warn employers to transfer children to other types of work which do not harm their health. The Committee notes that, according to the Periodic Inspections Report from January to March 2004, 4,798 children are reported to work in the 4,900 establishments inspected and 1,355 warnings were issued. It also notes the Government’s statement that the implementation of the sentences issued for violation of the Labour Code and the Child Law are monitored by the officer responsible for such sentences, who is an officer attached to the labour offices or to directorates. The Committee requests the Government to continue providing information on the findings of the labour inspectorate regarding the extent and nature of violations detected concerning children working in the worst forms of child labour.

2. National Committee to Combat Child Labour. The Committee notes the Government’s statement that the National Committee to Combat Child Labour was replaced by committees set up within manpower and migration directorates in 22 Egyptian governorates. They include members from all bodies working on children’s issues whose aim is to carry out a plan to combat child labour and to eliminate its worst forms based on monitoring drop-outs from compulsory education.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee had previously noted that the Government signed a Memorandum of Understanding with ILO/IPEC in 1996 which was extended to 2006. It had also noted that the Government had taken a number of measures, including awareness raising campaigns, aimed at identifying the extent and trends of the worst forms of child labour. The Committee notes the Government’s information that a national project is currently being carried out with the participation of a large number of executive bodies, and NGOs in collaboration with the National Council for Motherhood and Childhood (NCCM) aimed at prohibiting the work of children in mines and quarries. It also notes that, according to the information available at the Office, the NCCM, with support from EU and other donors, is implementing a large-scale project addressing children’s issues, with a focus on seven priority areas, including child labour, street children, disabled children, early childhood education, drug abuse, girls’ education and prevention of harmful practices against girls. The Committee requests the Government to continue providing information on the implementation of the abovementioned projects and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. Following its previous comments, the Committee notes with interest the Government’s information that Act No. 90 of 2005 has been promulgated. This Act amends several provisions of Labour Code No. 12 of 2003, particularly section 248, in order to include a penalty for the violation of section 100 of the Labour Code relating to the prohibition of employing children in hazardous work.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Access to education. Following its previous comments, the Committee notes the Government’s information that the Committees set up within manpower and migration directorates are in charge, amongst others, of eliminating the worst forms of child labour by way of monitoring drop-outs from compulsory education. The aim is to assess the reasons for such drop-outs and to ensure the return of such drop-outs back to school by providing financial assistance to families whose children return to schools. The above committees succeeded in returning 800 children to school and 5,000 medical cards were prepared for working children by which free medical care was provided to them. Furthermore, 8,000 youth centres were inaugurated, out of which at least 50 child workers benefited for the development of their artistic and sports skills. The Committee notes that, according to the information available at the Office, the MOMM is collaborating with the Ministry of Education to identify governorates with high drop-out rates and has increased child labour inspection in those areas. Considering that education contributes to the elimination of the worst forms of child labour, the Committee requests the Government to continue providing information on the impact of the abovementioned measures. It also asks the Government to provide information on the drop-out rates at school.

2. Commercial sexual exploitation of children. The Committee notes the absence of information on this point in the Government’s report. It notes, however, that, according to the information available at the Office, Egypt is a country of transit for child trafficking, particularly for underage girls from Eastern Europe and the former Soviet Union who are trafficked into Israel and parts of Europe for labour and sexual exploitation. The Committee expresses its concern at the above situation and once again requests the Government to provide information on the effective and time-bound measures taken to protect children under 18 years from commercial sexual exploitation.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the absence of information on this point in the Government’s report. However, it notes that, according to the information available at the Office, the NCCM and UNICEF, as a consequence of the Conference “Middle East and North Africa Regional Consultation on Violence Against Children”, announced the establishment of a national hotline to receive complaints of abused children, including child labourers. The NCMM also established a Permanent Committee to combat all forms of violence against children, which will have branches in all governorates. The Committee requests the Government to indicate whether the Permanent Committee to combat all forms of violence against children provides for the rehabilitation and social integration of children below 18 years who are victims of trafficking and prostitution. In the affirmative, it requests the Government to indicate the number of former victims of trafficking protected and rehabilitated by said committee. If not, the Committee requests the Government to provide information on effective and time-bound measures taken or envisaged for the removal of these children from the worst forms of child labour and for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. 1. Children working in agriculture. The Committee had previously asked the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years of age working in the agricultural sector do not perform hazardous work. It notes that, according to the information available at the Office, the MOMM and the Ministry of Agriculture are collaborating 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. The Committee requests the Government to provide information on the impact of the abovementioned initiative on preventing children under 18 years from performing hazardous work in the agricultural sector.

2. Street boys. The Committee notes that, according to the information available at the Office, urban areas are host to large numbers of street children who have left their homes in the countryside and work in: shining shoes, collecting rubbish, begging, cleaning and directing cars into parking spaces, and selling food and trinkets. Street children are particularly vulnerable to becoming involved in illicit activities, including stealing, smuggling, pornography and prostitution. According to the same information, since 2003 the NCCM and UNICEF have been implementing the National Strategy for the Protection and Rehabilitation of Street Children which aims at rehabilitating and reintegrating street children back into society. The Committee requests the Government to provide information on the implementation of the National Strategy for the Protection and Rehabilitation of Street Children and results achieved in terms of protecting children under 18 years from the worst forms of child labour.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes that, according to the information available at the Office, the NCCM, in cooperation with governmental partners, trade unions, international organizations (ILO, UNICEF) and NGOs, continues implementing a national plan to increase educational opportunities for girls and combat the worst forms of child labour. It requests the Government to provide information on the impact of the NCCM national plan as well as of any measures taken by the National Taskforce on Girls’ Education aimed at achieving gender equality with regard to education.

Part V of the report form. The Committee once again requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, according to information available in the Office, section 3 of the Law on Combating Prostitution of 1961 provides that whoever incites, accompanies or assists a male under 21 years of age or a female of any age in leaving the country for the purpose of prostitution or participation in immoral activities, commits an offence. Section 5 of the Law also provides that it is an offence to facilitate the entry of a person into the country for the purpose of prostitution or immoral activities. It also notes that, according to available information, the national legislation only prohibits the sale and trafficking of children for the purpose of sexual exploitation. The Committee reminds the Government that under Article 3(a) of the Convention, the sale and trafficking of children for labour exploitation is also considered to be one of the worst forms of child labour. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for labour exploitation. It also asks the Government to supply a copy of the Law on Combating Prostitution of 1961 and to provide a definition of the term "immoral activities".

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 13 of the Constitution of 1980 states that no work shall be imposed on citizens except by virtue of the Law. It also notes that, by virtue of section 375bis of the Penal Code as amended by Law No. 6 of 1998, it is a criminal offence to use force, coercion or intimidation to limit a person’s liberty.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that according to article 58 of the Constitution, conscription is compulsory. Section 1 of the Military and National Service Act of 1980 provides a minimum age of 18 years for enrolment in military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that, according to information available at the Office, section 1 of Law No. 10/1961 on Combating Prostitution provides that it is an offence to incite or assist a person to undertake prostitution or immoral activities. It is also an offence to use, persuade, entice or retain another person for prostitution or for immoral activities (section 2 of the Law on Combating Prostitution). The manager of a public place (or any place of entertainment) where persons practice prostitution or immoral activities is guilty of an offence (section 2 of the aforementioned Law). The Committee also notes that, according to sections 2, 95 and 96 of the Child Law, a child under 18 shall be guilty of a criminal offence if he/she undertakes activities linked with prostitution. It further notes that the Committee on the Rights of the Child (CRC/C/15/Add.145, paragraph 52) recommended the State party to review its legislation in order to ensure that it criminalizes the sexual exploitation of children and penalizes all offenders involved, whether local or foreign, while ensuring that the child victims are not penalized. The Committee accordingly encourages the Government to take the necessary measures to ensure that children under 18 who are used, procured or offered for prostitution, for the production of pornography or for pornographic performances are treated as victims rather than offenders.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of section 34(a) of Law No. 182 of 1960 on Narcotics (as amended in 1994), whoever possesses, acquires, purchases, sells, delivers, transports or provides narcotic substances (unless authorized by law) commits an offence. It is also an offence to use a person under 21 years of age to commit one of these offences (section 34(c)(i) of the Law on Narcotics).

Article 3, clause (d) and Article 4, paragraph 1. Hazardous work. The Committee notes that, according to sections 2 and 75 of the Child Law of 1996, the State shall protect children under 18 years of age from all work that is likely to harm their health, physical, mental, spiritual or social growth. It also notes that section 1 of Ministerial Decree No. 118 of 2003 (pursuant to section 100 of the Labour Law No. 12 of 2003) provides for a detailed list of 44 types of hazardous work that children under 18 years shall not perform. Section 23(2) of the Order of the Minister of Transport No. 40 of 1988 (on the regulation of crews on board commercial vessels) also provides that persons under 18 years of age shall not be employed in the equipment (tools) room of a vessel. The Committee further notes that children under 18 shall not work more than six hours a day, perform overtime work or work on official holidays or weekly days of rest; neither shall they work between 7 p.m. and 7 a.m. (section 66 of the Child Law and section 101 of the Labour Law).

Article 4, paragraphs 2 and 3. Identification of hazardous work and periodic examination and revision of the list of types of hazardous occupations. The Committee notes the Government’s indication that the types of hazardous work are identified through inspections carried out in undertakings. It also observes that the "General Report on Child Labour Inspection" supplied by the Government provides information on the number of establishments visited between January and March 2004 and the types of work performed by children. The Committee notes, however that, according to this report, the findings of the labour inspectors relate to the percentage of children found to be working in various occupations and not necessarily in hazardous occupations. The Committee asks the Government to indicate what are the specific types of hazardous work identified by labour inspectors pursuant to inspections carried out in undertakings.

Article 5. Monitoring mechanisms. 1. Labour Inspectorate. The Committee notes that, according to sections 232 and 233 of the Labour Law, public servants in charge of implementing this law and decrees based on it are entitled to enter all places of work, examine and request relevant documents and data from employers to detect violations of the provisions concerning the worst forms of child labour. It also notes the Government’s indication that a special unit was established within the Ministry of Manpower and Migration to undertake child labour inspection, especially in the agricultural sector.

The Committee notes that the Ministry of Manpower and Migration has implemented, in cooperation with ILO/IPEC, a programme entitled "Institutional development and the development of policies to reduce child labour", which aims at strengthening the capacity of child labour inspectors and provide them with the necessary skills to carry out their inspections in an effective manner. Pursuant to this programme, 425 inspectors were trained on child labour issues. According to the General Report on Child Labour Inspection supplied by the Government, 21,883 establishments were inspected in 2003, and 23,288 child workers controlled. In 2003, inspectors issued 6,179 warnings and 2,390 fines for non-compliance with child labour legislation. The Committee asks the Government to continue to provide information on the findings of the labour inspectors with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to provide information on the mechanisms established or designated to monitor the implementation of the penal provisions giving effect to the Convention.

2. National Committee to Combat Child Labour. The Committee notes the Government’s indication that a National Committee to Combat Child Labour (NCCCL) was set up within the Ministry of Manpower and Migration. According to the ILO/IPEC country report on Egypt of 2004 (page 29), NCCCL, which became operational in 1999, is responsible for preparing and adopting strategies to combat child labour. It shall also follow up and monitor the activities of the labour inspectorate concerning child labour. The Committee accordingly asks the Government to provide information on the concrete measures taken by the NCCCL to monitor the implementation of the provisions giving effect to the Convention .

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Programme on "Institutional development and the development of policies to reduce child labour". The Committee notes that the Government signed a Memorandum of Understanding with ILO/IPEC in 1996 which was extended to 2006. It also notes the Government’s indication that the Ministry of Manpower and Migration in cooperation with ILO/IPEC took measures under the "Institutional development and the development of policies to reduce child labour" programme to identify the extent and trends of the worst forms of child labour in the governorates of Cairo, Giza, Al-Qalioubeya, northern and southern Sinai, Aswan, Qena, Al-Ffayyoum, Alexandria and Luxor. The Government indicates that awareness-raising campaigns were launched in various governorates to sensitize people to work performed by children in dangerous occupations and their negative impact on the national economy. The Committee also notes that section 2 of Decree No. 365 of 2004 establishes a committee in charge of determining the measures to be taken by governorates to eliminate the worst forms of child labour. The Committee accordingly asks the Government to provide information on the trends and extent of the worst forms of child labour and measures taken to eliminate them.

2. Children working in leather tanneries, pottery kilns and smelters. The Committee notes that, according to the ILO/IPEC country report of 2004 (page 22), ILO/IPEC supported several programmes to raise awareness among local authorities, families, teachers and persons working in rehabilitation centres on the hazardous occupations undertaken by children working in leather tanneries, pottery kilns and smelters. Multi-level activities were undertaken to ensure that these child workers attend school. Other programmes aim at gathering and disseminating information and data on children working in the abovementioned activities. The Committee asks the Government to provide information on the impact of these measures on ensuring that children working in leather tanneries, pottery kilns and smelters do not perform hazardous work.

Article 7, paragraph 1. 1. Penalties. The Committee notes that, according to information available at the Office, section 5 of the Law on Combating Prostitution provides sufficiently adequate and effective penalties for the violation of: (i) the prohibition to sell and traffic children for sexual exploitation; and (ii) the use, procuring or offering of a child for prostitution or the production of pornographic material or pornographic performances. Section 34(c)(i) of Law No. 182 of 1960 also provides for adequate penalties for a person who uses, procures or offers a child for the production or trafficking of drugs. However, the Committee notes that the Labour Law and Decree No. 118 of 2003, which determine the types of hazardous work that children under 18 years of age shall not perform, do not appear to provide for penalties. In effect, the Committee notes that pursuant to section 248 of the Labour Law, penalties are provided for violations of sections 73(2), 74, 75, 89, 90, 98, 99, 101 and 102 of the Labour Law but not of section 100 of the Labour Law. The Committee accordingly asks the Government to indicate which provisions in the national legislation impose penalties for violating the prohibition on the employment of children under 18 years of age in hazardous work. It also requests the Government to provide information on the practical application of the above-mentioned provisions.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes that Law No. 23 of 1998 amending the Education Law No. 139 of 1981 states that basic education is compulsory for nine years. Section 54 of the Child Law states that education in the state educational institutions is free of charge. It also notes that the Committee on the Rights of the Child (CRC/C/15/Add.145, 21 February 2001, paragraphs 31 and 47) expressed its concern at the large disparities in the enjoyment of educational rights by children living in rural areas and regions lagging behind in socio-economic development, at the poor quality of education in general, and at the lack of success of literacy programmes on school drop-outs. The Committee further notes that, according to the ILO/IPEC country report of 2004 (pages 3, 8,14 and 22), 14 per cent of children aged 10 to 14 were illiterate in 2000-01. School enrolment rate is 98 percent, but only 53 per cent of all students enrolled in primary schools (which ends when children reach 12-14 years) were promoted to the next grade according to ILO/IPEC report. The Committee also notes that the Ministry of Education reactivated, at the national level, an educational programme it had introduced in the 1970s. Under this programme, 2,500 schools were built. It further notes that the General Trade Union for Education and Scientific Research established, with the assistance of ILO/IPEC, a system to monitor children at risk of dropping out of schools as a mechanism to prevent the worst forms of child labour. The Committee asks the Government to pursue its efforts to ensure access to free and compulsory education for all children and to provide information on the results achieved. It also asks the Government to provide information on the measures taken by the General Trade Union for Education and Scientific Research to reduce school drop-outs and the results achieved.

2. Commercial sexual exploitation of children. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.145, 21 February 2001, paragraphs 51 and 52) expressed its concern at the insufficient data and awareness of the phenomenon of the commercial sexual exploitation of children in Egypt. Noting that awareness-raising and knowledge of the extent and trend of commercial sexual exploitation contributes to preventing children from being sexually exploited, the Committee asks the Government to provide information on the measures taken to this end.

3. Programme on "Awareness raising and policy development initiative for employers". The Committee notes that, according to the ILO/IPEC country report of 2004 (pages 36 and 37), ILO/IPEC has supported the Federation of Egyptian Industries (FEI) in implementing an action programme entitled "Awareness raising and policy development initiative for employers" which aims at eliminating the worst forms of child labour in the industrial sector by placing child labour issues on the agenda of the organization of employers. According to the ILO/IPEC report, the action programme has resulted in raising awareness and changing attitudes of FEI members on the worst forms of child labour. FEI has established a child labour focal point to monitor and assess the situation of child workers in member industries. The report nevertheless indicates that, in spite of the achievements, there appears to continue to be a lack of understanding of the magnitude of the worst forms of child labour by employers. The Committee accordingly asks the Government to provide information on the measures taken or envisaged by the child labour focal point to prevent the engagement of children in the worst forms of child labour in the industrial sector.

Clauses (b) and (c). Providing the necessary and appropriate direct assistance, for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes that, according to the ILO/IPEC country report of 2004 (pages 36 and 37), the Egyptian Trade Union Federation (ETUF) played an important role in combating child labour. Indeed, the ETUF launched, with the assistance of ILO/IPEC, a programme entitled "Establishment of child labour committees at the provincial and village levels to combat child labour in Egypt" whose objective is to strengthen the structure of ETUF at the provincial and village levels in order to progressively eliminate the worst forms of child labour. The training of the community child labour committees resulted in the withdrawal of children from the worst forms of child labour. Some of these children undertook vocational training and were offered non-hazardous work. Support was also provided to the families of these working children to enable them to go back to school. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.145, paragraph 52) recommended that Egypt establish rehabilitation programmes and shelters for child victims of sexual exploitation. The Committee asks the Government to provide information on the measures it has taken or envisaged to withdraw children from the worst forms of child labour and rehabilitate them, especially former victims of commercial sexual exploitation.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that the Committee on the Rights of the Child (CRC/C/15/Add.145, 21 February 2001, paragraph 49) expressed its concern at the situation of children working in agriculture. Indeed, it noted that 80 per cent of child labour is reportedly concentrated in the agricultural sector (which amount to 1 million children according to ILO/IPEC country report on Egypt of 2004 (page 4)). It also noted that many of these children work long hours in dusty environments, without masks or respirators, receiving little or no training on safety precautions for work with toxic pesticides and herbicides. Moreover, seasonal working agriculture is reportedly performed by children under 12 in state-run cooperatives (i.e. cotton pest management) despite this being contrary to the Law. The Committee notes the Government’s indication that inspections are carried out in plantations to verify whether children work in dangerous environmental conditions. The Committee accordingly asks the Government to provide information on the inspection’s findings with regard to work performed by children in the agricultural sector. It also asks the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years of age working in the agricultural sector do not perform work that is likely to harm their health, safety or morals.

Clause(e). Special situation of girls. The Committee notes that, according to the ILO/IPEC country report of 2004 (page 14), a National Taskforce on Girls’ Education was established to steer Egypt’s initiative to promote girls education and eliminate gender disparities by 2005. Pedagogical training packages were developed to train local taskforces on sustainable planning and on developing strategies. The Committee asks the Government to provide information on the impact of the measures taken by the Task Force to achieve gender equality with regard to access to education.

Article 8. 1. International cooperation. The Committee notes that Egypt is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Egypt ratified the Convention on the Rights of the Child in 1990, the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography in 2002, and the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in 2004.

2. Poverty reduction programme. The Committee notes that, according to the World Bank, approximately 23 per cent of the population lived below the poverty line in 1995-96. This proportion decreased to 17 per cent in 1999-2000. According to the World Bank, data were collected for the periods 1995-96 and 1999-2000 in order to prepare a poverty reduction strategy in Egypt. The Committee asks the Government to provide information on the launching of a Poverty Reduction Strategy Paper (PRSP) in Egypt and any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that no decisions have been given by courts of law involving questions of principle relating to the application of the Convention. It asks the Government to supply a copy of any court decisions on breaches of the legal provisions relevant to the application of the Convention.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.