Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the reports provided by the Government and the attached documentation. It requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that, while section 64 of the Child Law No. 12 of 1996 provides that the minimum age for admission to employment or work is 14 years, section 144 of the Labour Code refers to the age of 12 years. Although the Committee has noted that, according to the Government’s report, the Child Law replaces the provisions of the Labour Code in this respect, it requests the Government to take measures to harmonize the various provisions of the national legislation respecting the minimum age for admission to employment or work which is, as declared by the Government, 14 years.

The Committee notes that, under the terms of section 3, the provisions of the Labour Code do not apply to persons performing domestic and similar work (section 3(b)), or to members of the family of an employer and therefore to the employer’s dependent descendants (section 3(c)). The Committee notes that work performed by young persons in pure cultivation work is excluded from the scope of the Labour Code (section 149). The Committee requests the Government to indicate the legal measures guaranteeing that children engaged in domestic and similar work working at the home of the relative who is responsible for them or in agriculture are not admitted to employment or work below the specified minimum age.

Furthermore, the Committee requests the Government to provide copies of the legal texts respecting the minimum age specified for employment or work on ships.

Article 2, paragraphs 3 and 4. The Committee notes the Government’s indication that, since the adoption of the 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 and is currently 15 years. The Government adds that the new draft Labour Code links the age of employment with the age of completion of basic education. Furthermore, the Government refers to a decree of the Minister of Education extending the primary cycle by one year, so that it lasts six years instead of five years and basic education is completed at the age of 15 years. The Committee requests the Government to provide information on the relevant provisions of the draft Labour Code respecting the age for admission to employment or work in relation to the age of completion of basic education, and to provide information on the progress made with the draft text, as well as a copy of the decree of the Minister of Education to which it refers, and the provisions of the Education Law and its implementing Regulations No. 139 of 1981. Please also state whether the education provided in the primary education cycle up to the end of schooling is compulsory and/or free of charge.

Article 3, paragraph 1. The Committee notes that Ministerial Decrees Nos. 12 and 13 of 1982 each issue a list of occupations, trades and industries, generally of a hazardous nature, in which young persons must not be employed before the ages of 15 or 17 years, respectively. The Committee recalls that, under the terms of this provision of the Convention, the minimum age for admission to any type of 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 young persons shall not be less than 18 years. It therefore requests the Government to prohibit these types of work for young persons under 18 years of age.

In accordance with Article 3, paragraph 2, the types of employment or work which are likely to jeopardize the health, safety or morals of young persons shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee notes that the lists contained in Ministerial Decrees Nos. 12 and 13, and reproduced in sections 148 and 149 of the Decree of the President of the Council of Ministers No. 3452 of 1997 issuing regulations giving effect to the Child Law No. 12 of 1996, were established in 1982. It draws the Government’s attention to the provisions of Paragraph 10(2) of Recommendation No. 146, which advocates that the list of the types of employment or work covered by Article 3 of the Convention should be re-examined periodically and revised as necessary, particularly in the light of advancing scientific and technical knowledge.

In accordance with Article 3, paragraph 3, the Committee requests the Government to indicate the measures that it plans to take to ensure that children of 16 and 17 years of age, engaged in any of the activities set out in Ministerial Decrees Nos. 12 and 13, are only employed in activities in which their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training. The Committee reminds the Government that paragraph 3 is only an exception to the principle of the prohibition set out in paragraph 1 of this Article and that, in the same way that the list of types of employment or work prohibited to young persons under 18 years of age must be revised, the exception envisaged in this paragraph needs to be revised and very carefully restricted.

Agricultural sector. The Committee notes the comments made by the Committee on the Rights of the Child, in its concluding observations following the consideration of the report by Egypt, 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 (i.e. cotton pest management) despite this being contrary to the law" (CRC/C/15/Add.145, paragraph 49, of 21 February 2000) (see under Article 4). The Committee requests the Government to provide information on these matters.

Article 4. The Committee notes that the Government’s reports explain that work performed by young persons in agriculture is excluded from the scope of the Labour Code, partly due to the difficulties in applying the relevant provisions, and also because this work is mainly seasonal, often performed within families, and does not jeopardize the education of the children. The Committee notes that section 149 of the Labour Code provides that the measures respecting the employment of young persons are not applicable to "pure cultivation work". The Committee requests the Government to indicate the types of work covered by the term "pure cultivation work" and reminds it in this respect that the exclusion of entire sectors of economic activity such as agriculture is too important to constitute "limited categories of employment or work", within the meaning of this Article of the Convention. Moreover, while the Government must in its first report on the application of the Convention list the categories of employment or work excluded under Article 4, paragraph 1, giving the reasons for such exclusion, it has to 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. However, the Government’s second report does not provide this information. The Committee requests the Government to provide information on the tripartite consultations which have been held on this subject and in relation to any exclusion from the scope of the Convention of children or young persons working in the agricultural sector.

Article 6. The Committee requests the Government to provide information on the system of vocational and technical education, the registration procedures and the conditions prescribed by the competent authority for any work forming part of vocational or technical education and performed by a child or young person who is authorized to do so.

Article 7. The Committee notes the provisions of section 64 of the Child Law permitting children between the ages of 12 and 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 requests 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 requests 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 conditions in which such work or employment may be performed.

Article 8. The Committee notes that in its first report the Government indicates, under Article 8, that it has had recourse to the exception referred to in Article 2 of the Convention. However, the Committee notes the absence of legal provisions authorizing the participation of children below the general minimum age in activities such as artistic performances. It draws the Government’s attention to the fact that recourse to this provision of the Convention is conditional upon the granting of individual permits which have to specify the number of hours during which and the conditions in which employment or work is allowed. The Committee therefore requests the Government, if it wishes to avail itself of the derogation from the prohibition of employment or work envisaged in Article 2 of the Convention, to take the necessary measures to ensure that legal provisions guarantee the conditions applying to such permits.

Article 9. The Committee notes the substantial discrepancy between the fines envisaged in the Labour Code and those set out in the Child Law. The Committee requests the Government to indicate whether the fines set out in section 174 of the Labour Code will be or have been revised. It also notes that the special provisions of section 67 of the Child Law and of section 143 of the Labour Code respecting the registration of young persons do not apply to persons under 16 years of age. The Committee reminds the Government that, by virtue of Article 9, paragraph 3, of the Convention, employers have to keep and make available registers or other documents of the persons employed by them and who are less than 18 years of age. The Committee requests the Government to take the necessary measures to ensure that employers keep and make available registers or documents of persons up to the age of 18 years.

Part III of the report form. The Committee notes the Government’s references to the labour inspectorate. It also notes that the most recent report provided by the Government under the Labour Inspection Convention, 1947 (No. 81), states that a special directorate responsible for labour inspection of children, attached to the central authority for workers’ welfare, has been established under Ministerial Decree No. 229 of 2000. The Committee requests 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 against risks. The Committee requests the Government to provide information on the results of the campaigns undertaken by inspectors for the application of the law in relation to child labour.

Part V of the report form. The Committee notes that the last annual report of the labour inspection services forwarded by the Government in relation to the Labour Inspection Convention, 1947 (No. 81), indicates that 17,159 infringements of labour legislation involving young persons were reported. The contraventions of the Labour Code concern the employment of young persons in 2,310 cases. The Committee requests the Government to indicate the measures taken against employers who are in violation of the provisions of the Labour Code respecting the employment of young persons.

The Committee recalls that, in its concluding observations, the United Nations Committee on the Rights of the Child states that it remains concerned, among other matters, by the fact that the regulations governing working hours and exposure to hazardous conditions for children are not respected and that there is no effective inspection of their implementation. In particular, there is no effective inspection and supervision in the private sector, family enterprises, agricultural activities and domestic work, which is precisely where child labour is concentrated, and they are frequently employed under hazardous conditions (CRC/C/15/Add.145, paragraph 49, of 21 February 2001). The Committee requests the Government to indicate the measures which have been taken to strengthen the competent services responsible for the application of the Convention in this field.