Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Convenio sobre la edad mínima, 1973 (núm. 138) - Egipto (Ratificación : 1999)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s indication that it is collaborating with international bodies working on combating child labour in carrying out field programmes on child labour. The Committee further notes that the Ministry of Manpower and Migration implemented a project in collaboration with ILO/IPEC. The aims of this project entitled "Institutional development and the development of policies to reduce child labour" include: strengthening the capacity of child labour inspectors; giving inspectors the necessary skills to carry out effective inspections on child labour; and raising the awareness of the competent bodies respecting the negative impact of child labour especially in agriculture and the risks resulting therefrom. The Committee requests the Government to continue providing information on the development of national policies designed to ensure the effective abolition of child labour, and on the results attained.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee had noted in its previous comments that section 64 of Child Law No. 12 of 1996 prohibits employment or work for children under 14 years of age, while section 144 of Labour Code No. 137 of 1981 sets the minimum age for admission to employment or work at 12 years. It therefore noted that these provisions were not in harmony in terms of the minimum age for admission to employment or work. The Committee notes with interest that the new Labour Code No. 12 of 2003 in section 99 of Chapter 3, Part VI, provides that the employment of female or male children shall be prohibited until they complete their basic education, or have reached the age of 14, whichever is higher.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee had noted the Government’s indication that, since the adoption of Child Law No. 12 of 1996, which determines the minimum age for employment for all children as 14 years, the age of completion of basic education has been changed to 15 years. The Committee notes with interest that section 99 of the new Labour Code links the age of employment with the age of completion of basic education. The Committee also notes that Law No. 23 of 1999, amending provisions of the Education Law No. 139 of 1981, provides that primary education of nine years is compulsory and that the State is obliged to provide this education. The Committee takes due note of this information.

Article 2, paragraph 5. Persistence of reasons for specifying a minimum age of 14 years. The Committee reminds the Government that Article 2, paragraph 5, of the Convention states that each Member which has specified a minimum age of 14 years in pursuance of the provisions of the preceding paragraph shall include in its report a statement: (a) that its reason for doing so subsists; or (b) that it renounces its right to avail itself of the provisions in question as from a stated date. The Committee, therefore, would be grateful if the Government in its next report would state the reason for its decision to specify a minimum age of 14 years for admission to employment or work subsists or not, in accordance with Article 2, paragraph 5, of the Convention.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that section 1 of Ministerial Order No. 118 of 2003 lists types of hazardous work in which young persons under the age of 18 years may not be employed or work. Moreover, the Committee notes that section 23(1) of the Order of the Minister of Transport No. 40 of 1998 provides that the minimum age to enter employment or work on board a vessel is 18 years, and that no person under the age of 18 shall be employed in the equipment (tools) room of a vessel.

The Committee notes that the Ministerial Order No. 118 of 2003 lays down a system for the employment of young persons for hazardous work, including the conditions and circumstances in which such employment may occur. The Committee takes due note of the comprehensive list contained in section 1 of Ministerial Order No. 118, which regulates the types of hazardous work. The Committee further notes the Government’s indication that the new Labour Code and the ministerial orders promulgated there under were formulated in tripartite committees, which include employers and workers in addition to government representatives, experts and specialists in the field.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee notes the list in section 2 of Ministerial Order No. 118 of 2003, specifying the types of hazardous work prohibited for persons under the age of 16 years. The Committee further takes note of section 3 of Ministerial Order No. 118 of 2003, which provides that young persons engaged in hazardous work from the age of 16 years must once a year undergo a medical examination reassuring their health and safety. This medical examination shall be provided free of charge by the employer. The Committee requests the Government to indicate the measures taken or envisaged to ensure that young persons who have completed the age of 16 years and perform hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. The Committee had previously noted the Government’s indication that it had excluded three categories of employment or work from the application of the Convention: (i) an employer’s family members whom he/she actually supports (section 4(c) of the new Labour Code); (ii) domestic servants (section 4(b) of the same Code); and (iii) children employed in pure cultivation work (section 103 of the new Labour Code). The Committee takes note of the Government’s indication that these exclusions were formulated after tripartite consultations. The Government further states that work performed by young persons in the first two categories is excluded from the scope of the new Labour Code, in view of the nature of work carried out by these categories which makes it virtually impossible to monitor the application of the law in these two categories of work. As regards children working in the agricultural sector, the Government indicates that the work is seasonal and that the children are not given a salary or other form of remuneration. The Committee notes the Government’s indication that the term "pure cultivation work" means working on small agricultural plantations which do not use agricultural equipment or modern technology. It further notes that the employer’s family members often work on such plantations and that the produce thereof is only agricultural crops. The Committee also notes that, according to the Government, such work does not hinder children from going to schools and from acquiring the basic educational level. The Committee reminds the Government that, in accordance with Article 4, paragraph 2, a government which has excluded limited categories of employment or work from the application of the Convention, must state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories.

The Committee would also like to remind the Government that by virtue of Article 4, paragraph 3, employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of children may not be excluded from the application of this Convention. In this regard, the Committee had previously noted that the comments made by the Committee on the Rights of the Child, in its concluding observations following its consideration of the report by Egypt. The Committee on the Rights of the Child noted that 80 per cent of child labour is reportedly concentrated in the agricultural sector and 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 work in agriculture is reportedly performed by children under 12 in state-run cooperatives despite this being contrary to law" (CRC/C/15/Add. 145, paragraph 49, of 21 February 2000). The Committee once again requests the Government to provide information on these matters. The Committee asks the Government to indicate in what manner it is ensured that children who work in pure cultivation work in the agricultural sector are protected from carrying out work which is likely to jeopardize their health, safety or morals.

Article 6. Apprenticeship. The Committee notes that section 99 of the new Labour Code provides that children from the age of 12 years may be trained. Also section 64(1) of the Child Law reads that children may be trained from the age of 12 years. The Committee further notes that Order No. 175 of 2003 sets out detailed rules and conditions for the children admitted to such training, specifying that the training should be carried out in accordance with an agreement between the employer and the child’s parents or guardians. The agreement shall respect, among other regulations, sections 47-55 (concerning annual and sick leave) and sections 80-87 (concerning working hours and break periods) of the new Labour Code. The Committee reminds the Government that Article 6 of the Convention permits work done by persons at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. It accordingly asks the Government to provide information on the measures taken or envisaged to ensure that no one under 14 years of age carries out an apprenticeship. It also asks the Government to provide practical information on apprenticeship programmes.

Article 7. Determination of types of light work. The Committee previously noted the provisions of section 64 of the Child Law permitting children between the ages of 12 to 14 years, by decree of the governor concerned, with the agreement of the Minister of Education, to perform seasonal work which is not prejudicial to their health or development and does not interrupt their education. The Committee requested the Government to provide examples of decrees issued by governors permitting seasonal work by children in agriculture and of authorizations issued by the Ministry of Education. It also requested it to indicate the activities in which seasonal agricultural work or employment has been or could be authorized for children as from 12 years of age, and the hours and the conditions in which such work or employment may be performed. The Committee notes the Government’s indication that seasonal agricultural work includes harvesting and spraying pesticides on the crops. Moreover, according to the information provided by the Government, the Minister of Education may issue an order for postponing the beginning of the school year with respect to governorates which grow cotton, so that parents will not be obliged to stop children from attending school during the period in which they are needed in cotton gathering. The Committee also notes the Government’s statement that children work in the mornings and that their work is carried out under their parents’ care in addition to the supervision of agricultural attendants and inspectors specialized in occupational safety and health and a safe environment. The inspectors verify whether the children are wearing the necessary protective clothing on plantations, that is head covers, so as to protect them against the sun. The Committee takes due note of this information.

Article 9, paragraph 1. Sanctions. The Committee notes that under section 248 of the new Labour Code, the employer, or his delegated representative for the establishment, shall be liable to a fine of not less than 500 Egyptian pounds and not exceeding 1,000 Egyptian pounds if he/she violates any of the provisions in sections 98-99 and 101-102 of the new Labour Code. The fine shall be multiplied for each worker found to be under the minimum age and shall be doubled in case of recurrence.

Article 9, paragraph 3. Keeping of registers by employers. The Committee notes that the Government indicates that following section 102(c) of the new Labour Code and section 7 of Ministerial Order No. 118 of 2003, the employer, or his representative, is obliged to keep a register containing the names and ages of the children working for him, the tasks assigned to them and the names of the persons responsible for supervising their work. In addition, the employer must make the registers available to the authorities and display them clearly in the workplace.

Part IV of the report form. Labour inspection. In its previous comments, the Committee noted the Government’s indication that its most recent report under the Labour Inspection Convention, 1947 (No. 81), states that a special directorate responsible for labour inspection of children has been established under Ministerial Decree No. 229 of 2000. The Committee again asks the Government to provide a copy of Decree No. 229 of 2000, the reports of the labour inspection for children in the Governorates and the policies, plans and programmes for the protection of working children and young persons. The Committee further notes that a unit for child labour inspections within the agricultural sector has been established within the Department of Manpower and Migration. The Committee accordingly requests the Government to provide information on the work of the child labour inspection unit in the agricultural sector.

Part V of the report form. Practical application of the Convention. The Committee notes the information contained in the Government’s report about the manner in which the Convention is applied. It notes that, during the period 1 January 2003 to 21 December 2003, out of 21,883 undertakings inspected, 6,179 undertakings received warnings of violations and 2,390 undertakings were issued with procès verbaux indicating fines. It also notes that during the period 1 January to 31 March 2003, 4,900 children were found working, out of which 88 per cent were boys. The Committee expresses its deep concern at the situation of children working in Egypt and invites the Government to renew its efforts to improve the situation gradually. It asks the Government to continue to provide information on the application of the Convention in practice.