Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Egypte (Ratification: 2002)

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.