Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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

Autre commentaire sur C182

Observation

2021
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Articles 3(a), 6 and 7(1) of the Convention. Worst forms of child labour, programmes of action and penalties. Sale and trafficking of children. The Committee previously noted that a third National Plan of Action against Human Trafficking (NAP-HT) for the years 2016–21 was adopted, which aimed to maintain referral mechanisms, train law enforcement officials and combat the trafficking of street children. It requested the Government to provide information on the impact of the measures taken within the framework of the NAP-HT 2016–21, as well as on the measures taken to ensure the thorough investigation and robust prosecution of perpetrators of child trafficking for labour or sexual exploitation.

The Committee notes the Government’s information in its report that it is keen to boost child protection against crimes of trafficking or sexual exploitation. The Government provides detailed information on the measures undertaken in the framework of the NAP-HT 2016-21, which include: (i) the assignment of eight specialized judicial chambers to handle human trafficking offences, and the establishment of the Department of Illegal Migration and Human Trafficking of the Anti-Drug and Organized Crime Sector within the Ministry of Interior; (ii) the holding of specialized training courses for all employees of sectors concerned with combating human trafficking, including judges, public prosecutors, police officers, social workers, members of civil society organizations and others who are engaged in child protection and the combating of human trafficking; (iii) the establishment in 2020 of child protection offices by the Public Prosecutor, which work to overcome any obstacles that the Public Prosecutor or any other body might encounter in the course of implementing the child protection mechanism against trafficking, exploitation or exposure to danger; and (iv) the preparation of a number of specialized guidance manuals for those engaged in combating human trafficking offences, including the “Guide to Evidence Collection, Investigation and Prosecution of Human Trafficking Crimes and Protection of Victims in the Context of Law Enforcement”, intended for circulation among law enforcement authorities.

The Committee further notes, from the Government’s report under the Forced Labour Convention, 1930 (No. 29), that 154 cases of human trafficking were reported in 2019, resulting in 10 convictions. In addition, according to the replies of Egypt to the list of issues and questions raised by the Committee on the Elimination of Discrimination against Women (CEDAW) of 7 July 2021, 156 cases of trafficking were reported in 2020, affecting 365 victims, including 242 children; 30 people were accused in these cases (CEDAW/C/EGY/RQ/8-10, paragraph 59). The Committee requests the Government to continue taking the necessary measures, within the framework of the NAP-HT 2016-21 or otherwise, to ensure the thorough investigation and prosecution of perpetrators of child trafficking for labour or sexual exploitation, and to provide information on the convictions and penalties applied. In addition, the Committee requests the Government to provide information on the penalties applied in the cases of the 30 people accused of trafficking in 2020.

Article 3(b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 291 of the Penal Code provides for penalties for persons who violate the right of a child to protection against commercial sexual exploitation. It noted, however, that section 94 of the 2008 Child Law provides that the age of criminal responsibility starts at 7 years. Moreover, although section 111 of the Child Law prohibits handing down criminal sentences amounting to the death sentence, life imprisonment or hard labour to children under 18 years of age, it provides that children over 15 years of age are liable to confinement in jail for not less than three months or to the measures stated in section 101. In this regard, it noted that section 101 of the Child Law provides that a child under the age of 15 years who has committed a crime shall be subjected to the following sanctions: reprimand; being institutionalized; following a course of training and rehabilitation; carrying out specific duties; judicial testing; performing work for the public interest which is not hazardous; and placement at one of the specialized hospitals or at social welfare institutions. The Committee thus noted the provisions of the Child Law and of the Penal Code are insufficient to protect children who are used, procured or offered for the purpose of prostitution, as they allow for child victims of prostitution who are over 15 years of age to be held criminally responsible.

The Committee notes the Government’s indication that it has taken a series of measures to ensure that children below the age of 18 qualify for the definition of victims of trafficking, but notes with regret that the Government provides no information on measures taken to resolve the legislative gap created by section 111 of the Child Law. The Committee notes the Government’s information that it is reviewing some sections of the Child Law in order to come into line with international labour standards. It notes that, in this context a tripartite Committee meeting was held in February 2021 on the legislative gaps of the Child Law. However, it notes with concern that section 111 does not appear to be among the provisions being considered for amendment. The Committee once again reminds the Government that Article 3(b) of the Convention prohibits the procuring, offering of use of a child for prostitution, and that the child’s consent does not preclude it from the prohibition (see General Survey on the fundamental Conventions, 2012, paragraphs 508–509). Therefore, children 15 to 18 years of age who enter prostitution “on their own free will” are still victims of commercial sexual exploitation. The Committee once again urges the Government to take the necessary measures to ensure that all child victims of prostitution who are under the age of 18 years are treated as victims rather than offenders. To this end, the Committee urges the Government to amend section 111 of the Child Law - in the framework of the current revision process - to ensure that children under 18 years of age who are victims of prostitution are not criminalized and/or imprisoned.

Article 7(2). Effective and time-bound measures. Clauses (b) and (d). Providing the necessary and direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and identifying and reaching out to children at special risk. Child victims of trafficking and street children. The Committee previously noted that there were some 1 million street children in in Egypt. It noted that, according to a report by the National Centre for Social and Criminological Research, at least 20 per cent of street children, most of whom were in the age group of 6–11 years, were victims of trafficking who were exploited by a third party for sexual purposes and for begging. The Committee also took note of the establishment of the El Salam Centre for the rehabilitation and reintegration of child victims of exploitation, including child victims of trafficking, which provides secure, transitional accommodation, medical and legal assistance as well as assistance for their return and reintegration into society. It requested the Government to provide information on the number of child victims of trafficking under the age of 18 years who have been received by the El Salam Centre and rehabilitated and socially integrated, as well as on the impact of the measures taken to ensure that children under 18 years of age living and working on the streets are protected from the worst forms of child labour.

The Committee notes the Government’s information that protection of children against trafficking and sexual exploitation is provided for those who are taken off the streets and efforts are made to reintegrate them into society through care institutions and by providing them with the requisite psychosocial, educational, vocational and technical care, as well as consolidated psychosocial support for victims’ families. With regard to work done by the El Salam Centre, the Government provides the following information: (i) 11,245 children have been reached out to by the field team responsible for supporting children working on the streets who are exposed to exploitation; (ii) by the end of 2017, 4,111 children had benefited from the services provided by the day-care reception centre which works to reintegrate children into society and provides medical and other services. Work is under way to expand the operation of the centre to include child victims of trafficking; and (iii) by the end of 2017, there were about 60 children taken off the streets and provided with temporary accommodation in the transition house, where children are prepared and rehabilitated by individual case managers for reintegration into vocational training and education befitting the child’s age and circumstances.

The Government also provides other information on measures taken to protect children from the worst forms of child labour, including exploitation or trafficking, such as the establishment of four institutions throughout the country for the implementation of the “Takaful and Karama Programme (TKP)” by the Ministry of Social Solidarity, which aims to offer children aid for a decent life through several initiatives. By the end of 2020 3,072,016 children below the age of 18 had benefited from the programme, including 57,326 who had received a pension and 44,488 who had received scholarships. The Committee encourages the Government to continue its efforts to ensure that children under 18 years of age living and working on the streets are protected from the worst forms of child labour, particularly trafficking, commercial sexual exploitation and begging. The Committee requests the Government to continue providing information on the impact of the measures taken, including the number of children who have been removed from the streets, provided with assistance and socially integrated into education or vocational training, as well as on the number of child victims of trafficking under the age of 18 years who have been rehabilitated and socially integrated, either through the El Salam Centre or through other institutions.

The Committee is raising other matters in a request addressed directly to the Government.