Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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

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.