Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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

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

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

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

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

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