COMMITTEE ON PROTECTION OF MIGRANTS CONSIDERS
INITIAL REPORT OF EGYPT

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families has considered the initial report of Egypt on its implementation of the provisions of the International Convention on the Protection of All Migrant Workers and Members of Their Families.

Presenting the report, Aisha Abdel Hady, Minister of Manpower and Migration of Egypt, said Egypt had witnessed numerous migratory waves, either as a source or as a destination, which had shaped the distinctive character of both Egyptian citizens and Egyptian society at large. That had contributed to developing a culture that accepted migrants and had facilitated their integration in Egyptian society, as well as resulting in the higher ability of Egyptian migrants to smoothly integrate into foreign societies. The Ministry of Manpower estimated the number of Egyptians working abroad at 4.7 million, and Egypt had received numerous citizens of neighbouring States who had crossed its borders both legally and illegally, in addition to being a transit country for citizens from many African and Asian countries seeking to migrate to European and other western countries.

In terms of migrants working in Egypt, Ms. Abdel Hady said the Sudanese enjoyed a special status, with nationals of each country enjoying freedom of movement, work, residence and property in the other. There were some 2 to 5 million Sudanese living and working in Egypt, but an accurate count was almost impossible because many Sudanese had lived in the country for decades. More recently, internal developments in Sudan had led to the increase in the number of Sudanese refugees in Egypt, as well as of those Sudanese in transit seeking asylum in other countries. However, it was important to avoid confusion between the case of Sudanese living in Egypt, on the one hand, and refugees, on the other.

Continuing the presentation of Egypt, Reda Shehata, a former member of the Global Commission on Migration, said that the post 11 September 2001 world was totally different from that under which the Convention had been concluded. The globalization of terrorism had an impact on the debate of the Committee, and that consideration should be part of the Committee's debate. Turning to the initial report, what emerged was that there was no difference between the rights and social benefits for migrants and for citizens in Egypt, and there were also no detectable discrepancies between laws and practice. There was a culture of acceptance of other civilizations and cultures in Egypt, and that was a determining factor in Egypt's treatment of migrants – legal and illegal, workers and refugees.

In concluding preliminary remarks, Abdelhamid El Jamri, the Committee Expert acting as country rapporteur for the report of Egypt, insisted on the regional dimension to the migrant question; Egypt needed regional support to answer those questions. Among areas of concern for the Committee were the continuing state of emergency in the country, recent amendments to the Constitution and the current anti-terrorism law being contemplated. There were also some good practices that should be highlighted, including the agreement with Italy to prepare migrant workers before they left the country and the programme to sensitize youth to the dangers of illegal immigration. Finally, Egypt should abandon its policy of mandatory screening for HIV/AIDS for workers entering the country, and should reopen the Centre for Trade Unions and Workers' Services, to enable workers to enjoy protection of their rights.

In his preliminary concluding remarks, Prasad Kariyawasam, the Chairperson of the Committee, said that Egypt had been the first country to ratify the Convention, and that in itself demonstrated the high level of Egypt's commitment. However, it also gave Egypt a greater responsibility to turn words into deeds. That was very essential in the context of the progress of the Convention.

Other Experts asked questions and made comments relating to, among other things, what measures were being taken to build capacity in the employment sector; whether Egypt correctly understood that the Convention applied equally to both legal and illegal migrants; whether there were qualifications that had to be met by family members – such as age or literacy levels – for family reunification of migrants; whether any non-governmental organizations had participated in the drafting of Egypt's report; and what category Egypt fell into on the "watch list" prepared by the United States State Department with regard to human trafficking.

The delegation of Egypt also included Sameh Shoukry, the Permanent Representative of Egypt to United Nations Office at Geneva, as well as other representatives of the Egyptian Mission in Geneva, and representatives from the Ministry of Social Solidarity, the Ministry of Manpower and Migration, and the Ministry of Foreign Affairs of Egypt.

The Committee considered the report of Egypt over two meetings. It will issue its final conclusions and recommendations on the report at the end of its session, which concludes on 27 April.

The Committee will next meet in public on Wednesday, 25 April, at 10 a.m., when it will hold a meeting with States parties in order to discuss the status of reporting, as well as ways and means to promote the Convention.

Report of Egypt

According to the initial report of Egypt (CMW/C/EGY/1), the law affords protection of the rights of citizens and aliens on a footing of equality. As a result, an alien, regardless of the legal basis of his presence in the country, enjoys all aspects of the protection available under the law, whether he is the victim of a denial of rights or, conversely, is the object of criminal proceedings for an offence he is charged with having committed in violation of Egyptian law. The Act concerning the Entry and Residence of Foreign Nationals lays down the procedures for granting a residence permit and the circumstances and procedures under which it may be renewed. It also stipulates that it is not permissible to deport a foreign national who is legally residing in the country in a private capacity except under the terms of a decree of the Minister of the Interior and where the foreign national’s presence poses a threat to the country’s internal security or to public health, morals or peace. The foreign national may be deported after the matter has been submitted to the committee competent to examine deportation orders. The Emigration Act of 1983 lays down the procedures for permanent or temporary emigration by individuals or groups. The Government devotes constant efforts to the task of regulating emigration processes and devising solutions to the various procedures relating to them. It also endeavours to develop policies in the area of the affairs of Egyptians living abroad with a view to creating an informed public opinion that will support national issues while also attempting to take advantage of the expertise and skills of the persons concerned in various fields to promote production and development and to strengthen the national, political, social and economic bonds linking them to their homeland, and also to strengthen the bonds linking them to each other.

Under the Community Associations Act of 2002, the Consumers’ Associations Act of 1975 and the Cooperative Associations Act of 1975, persons who are not Egyptian nationals are free to join trade unions, participate in their administration, and promote the interests of the groups they represent. The provisions of both the Social Security Acts of 1975 and of 1976 apply to migrant workers and members of their families. Migrant workers in need of emergency medical care are treated in public hospitals on an equal footing with Egyptian nationals. Their status as legal or illegal migrant workers is not regarded as grounds for denying them the treatment they require. Migrant workers enjoy all the health benefits available to workers under the Labour Code. A migrant worker’s wife or husband and children are authorized to reside in Egypt for the same length of time as the worker himself, in accordance with the principle of family reunification. A woman migrant worker enjoys all the benefits available to women workers under Egyptian domestic law, including all basic maternal health-care benefits, such as immunizations and follow-up health monitoring. Migrant workers’ children, for their part, are entitled to the same care as Egyptian children, including social services and health care.

In 1992 the Minister of Education issued a decree formulating the principle that children who are not Egyptian nationals may attend public and private schools under the same conditions as Egyptian nationals in terms of age and group. Under the same decree, tuition fees and supplementary charges that Egyptian students are required to pay are also applicable to non-Egyptian students. However, those fees are waived in the case of pupils with study grants and certain other cases where the committee established for that purpose considers, after consideration of each case, that the student’s social circumstances warrant such a waiver.

Presentation of Report

AISHA ABDEL HADY, Minister of Manpower and Migration of Egypt, presenting the report, said she took pleasure in recalling that Egypt had played an active role in the elaboration and finalization of the text of the Convention on the Protection of Migrant Workers and, indeed, Egypt had been one of the first countries to ratify the Convention. Egypt had always called for the universal ratification of the Convention because of the important role it could play in achieving stability in the international labour market and in ensuring respect of the overriding objective of the international system in asserting the notion of the universality of human rights of migrants as their number reached 200 million.

Throughout history, Ms. Abdel Hady observed, Egypt had continuously been at the crossroads between East and West due to its distinct geographic location. It had witnessed numerous migratory waves, either as a source or as a destination, which had shaped the distinctive character of both Egyptian citizens and Egyptian society at large, and had been enriched by the cumulative experiences and legacies resulting from centuries and millennia of interactions between peoples, civilizations and cultures. Those special characteristics had contributed to developing a culture that accepted migrants and had facilitated their integration in Egyptian society, as well as resulting in the higher ability of Egyptian migrants to smoothly integrate into foreign societies. The Ministry of Manpower estimated the number of Egyptians working abroad at 4.7 million, and Egypt received numerous citizens of neighbouring States who crossed its borders both legally and illegally, in addition to being a transit country for citizens from many African and Asian countries seeking to migrate to European and other western countries.

Egypt was particularly concerned with the humanitarian dimension of migration, including the protection of the human rights of migrants in an environment that sometimes threatened their basic rights and freedoms, the Minister said. The core elements of Egypt's vision in that regard included adopting a comprehensive approach by receiving countries for the respect of human rights of migrants without discrimination of any kind or double standards, while respecting the rights of migrants and those seeking temporary or permanent residence; rejecting the mistaken view that saw migrants solely as a means of production, ignoring their important cultural and social contributions; giving special emphasis to the rights of migrant children, who were among the most vulnerable and whose rights were most prone to being violated; and the importance of providing legal protection to women migrant workers against any violence or any violation of their rights.

Addressing concerns raised in the Committee's list of issues regarding the state of emergency currently in force in Egypt and its possible affects on human rights, Ms. Abdel Hady reiterated the response contained in Egypt's written replies, that the state of emergency did not entail the suspension of the Constitution nor did it affect the work of the various institutions of the State, and its application did not affect in any manner the respect of and the adherence to the various obligations, standards and safeguards under the International Covenant on Civil and Political Rights. Moreover, the exceptional measures included in the Emergency Law were restricted to confronting the threat of terrorism and drug trafficking. Furthermore, in response to global changes and challenges arising from the growing threat of terrorism, the Government had created an inter-ministerial Committee entrusted with the drafting of an anti-terrorism law, the promulgation of which would lead to the lifting of the state of emergency.

Ms. Abdel Hady wished to highlight two key challenges presently facing Egypt that related to migrant workers. First, it was coping with the consequences of its economic transition to the free market system. The reforms and economic transformations had necessitated measures that had impacted negatively on the labour market in Egypt, and unemployment had reached 9 per cent. The second was of a political nature, stemming from the tensions and armed conflicts in the region, which had constituted a major obstacle to Egypt's efforts to attract the level of international investments necessary for the generation of the required job opportunities. Also, Egypt was witnessing a growing influx of refugees and asylum-seekers fleeing from affected countries and its economy could not cope with or absorb the employment demands stemming from those influxes.

The Sudanese enjoyed a special status in Egypt, due to the unique historic bonds between the two countries, Ms. Abdel Hady said. In fact Egypt and Sudan had constituted a single country until the mid-fifties of the last century, and bilateral agreements allowed nationals of each country to enjoy freedom of movement, work, residence and property in the other. It was estimated that the number of Sudanese living and working in Egypt was between 2 and 5 million people. It was also worth noting that an accurate count of the number of Sudanese in Egypt was almost impossible because many of them had lived in the country for decades during which they had been treated on an equal footing with Egyptian citizens. More recently, internal developments in Sudan had led to the increase in the number of Sudanese refugees in Egypt, as well as of those Sudanese in transit seeking asylum in other countries through the regional office of the UN High Commissioner for Refugees. It was important to avoid confusion between the case of Sudanese living in Egypt on the one hand, and refugees on the other, as well as between the applicable international agreements in each case.

With regard to the welfare of the Egyptian migrants abroad, Ms. Abdel Hady said the Government spared no effort to protect and help them to legalize their status in their host countries, and to ensure their respect of the national legislation of those countries, taking special care for their families and dependants, reinforcing the channels linking them to Egypt and facilitating their visits to their home countries, as well as providing their families with the necessary services. In addition, appropriate ways and means were being examined to allow them to participate in the conduct of public affairs of the country, including voting in the various future elections and referenda.

As for the efforts to protect the rights of Egyptian migrant workers in neighbouring countries, Egypt sought to conclude further bilateral agreements to manage and organize the migration of Egyptian labour and to explore new prospects for their employment. At the same time, despite the fact that remittances of the Egyptian labour force abroad constituted a substantial source of revenue for the economy of Egypt, Ms. Abdel Hady said they could not overlook the consequences of the negative impact of the migration of the Egyptian labour force reflected in the national loss of their acquired expertise and the fruits of the investments by the State in that regard. Egypt's efforts to protect the rights of Egyptians abroad and to promote their interests was based on the following pillars: the regulation of migration abroad, in particular linking migration policies with the State's policies and objectives in the field of economic and social development; the provision of necessary services for Egyptian communities abroad; raising awareness of Egyptian youth to the dangers associated with illegal migration; the establishment of the post of Labour Attaché in Egyptian Embassies, particularly in countries with large Egyptian communities; providing Egyptians abroad with the requisite consular services; and organizing periodic visits by ministers to the countries hosting large numbers of Egyptian workers in order to address their problems with the relevant officials. Finally, the Government was currently considering establishing a fund to assist Egyptian workers abroad in need of emergency financial assistance.

Finally, Ms. Abdel Hady highlighted Egypt's positive achievements in its human rights architecture, including the establishment of the National Council for Human Rights, the National Council for Childhood and Motherhood and the National Council of Women, as well as the creation of human rights departments in a number of other relevant ministries, such as Foreign Affairs, and the Office of the Public Prosecutor. Nevertheless, much remained to be done at the implementation and practical levels. To that end, the Government was updating its legal infrastructure; modernizing its human rights institutional infrastructure, including the establishment of Ombudsmen offices to examine individual complaints; raising awareness of human rights principles and incorporating them into the education curricula; promoting and supporting institutions of civil society as a principal partner in the development process and in efforts to raise awareness of human rights principles; and building capacity of law enforcement officials, as well as members of the media, in the area of human rights through a series of intensive training courses.

REDA SHEHATA, former member of the Global Commission on Migration, continuing with the Egyptian delegation's presentation, said that globalization had to be further scrutinized as far as migration was concerned. The post 11 September 2001 world was totally different from that under which the Convention had been concluded. The world had drastically changed, and that should not be overlooked. The globalization of terrorism, and the globalization of security, had an impact on the debate of the Committee. Those considerations should be part of the Committee's debate, in a spirit of dialogue.

As far as the report was concerned, in all fairness, it was a good report, Mr. Shehata said. It dealt extensively with the legal and administrative framework regarding migrants. What emerged was that, first, there was no difference between the rights and social benefits for migrants and for citizens, and there were also no detectable discrepancies between laws and practice. What had emerged in the report was the culture of acceptance of other civilizations and cultures in Egypt, and that was a determining factor in Egypt's treatment of migrants – legal and illegal, workers and refugees.

Regarding the incidents of December 2005, in which a number of Sudanese refugees had died when police dispersed a crowd camped out before UN Refugee Agency regional headquarters in Egypt, Mr. Shehata said that there had been no intentional desire on the part of the Government to harm asylum-seekers. No murder was committed, no predetermined crime. What had happened was that the Government had been trying to clean up an unhygienic situation, there had been a stampede, and, in a crowd of thousands, the most vulnerable, the young and the elderly had been harmed.

What was needed now was a good database system. Egypt was on the right track. It was harmonizing its migration policies in all areas of government with international norms and instruments, and it was abundantly clear that international instruments were incorporated in Egypt's legislative and administrative mechanism.

Oral Questions Raised by Committee Experts

ABDELHAMID EL JAMRI, Committee Expert acting as country rapporteur for the report of Egypt, said that, in its report and in its written replies, as well as in the presentation just made today, it was clear that Egypt was committed to implementing the Convention better. This was to be a constructive dialogue. In that connection, he noted with appreciation the efforts being undertaken by Egypt to build its economy. Egypt's efforts to further build democracy were also to be encouraged. It was important to work on all fronts at once: economic, social and political.

Turning to the report, Mr. El Jamri noted the wealth of information contained in it. However, priority had been given to theoretical matters over practical ones. Egypt had also stated that it had achieved positive achievements in its human rights architecture, with the establishment of a number of national councils and human rights departments within various ministries. The Committee thus had a perfect description of the legislative and administrative framework with regard to migrants, but what was lacking was information with regard to its application.

To complete the picture, therefore, Mr. El Jamri said that the Committee had considered information received from non-governmental organizations, as well as the National Council for Human Rights. A number of trouble spots had been pinpointed in those dialogues. A particular hot potato was the continuing state of emergency in the country. Another was

the kafala or bail system, which was prevalent in the region, and which generated slavery-like conditions for workers. Perhaps it would be necessary to find an international solution for that problem.

One area that was in particular need of clarification was the situation of the Sudanese in Egypt, some of whom were migrants and some of whom were refugees. It was not known how many were working and how many were refugees among the already very vague estimate of between 2 to 5 million Sudanese in the country. Better statistics were needed.

Concerning illegal Egyptian immigrants that had been detained in Israel, the rapporteur was concerned over reports received that the Egyptian Government had not acted quickly to help establish the identity of those Egyptian citizens. As all the individuals concerned were bedouins, it had also been alleged that discrimination against bedouins had been the source of that delay.

Other Experts asked questions and made comments relating to, among other things, what measures were being taken to build capacity in the employment sector; whether Egypt correctly understood that the Convention applied equally to both legal and illegal migrants; whether there were qualifications that had to be met by family members – such as age or literacy levels – for family reunification of migrants; whether any non-governmental organizations had participated in the drafting of Egypt's report; and what category Egypt fell into on the "watch list" prepared by the United States State Department with regard to human trafficking.

Response by the Delegation

SAMEH SHOUKRY, Permanent Representative of Egypt to the United Nations Office at Geneva, responding to oral questions put by Experts, made some general remarks, highlighting that the Egyptian Government had demonstrated its strong political will to promote and protect the rights of its citizens, which were enshrined in Egypt's Constitution. Egypt was also a party to numerous international human rights treaties and continued to update and amend its legislation to bring it in line with those conventions. In addition, important legislative amendments had been enacted by parliament at its 2006 session, including the abolishment of prison sentences for journalists. During recent elections, for the first time non-governmental organizations participated and later provided an analysis of the elections procedure, including recommendations for reform.

Among institutional reforms, numerous measures had been taken to encourage wider participation by political parties in elections, and steps had been taken to broaden participation of women in public life, including the appointment of 31 female judges. What was important, Mr. Shoukry said, was that the process of political change was now a reality in Egypt and Egyptian society was committed towards that path. The National Council for Human Rights had been mandated to act as a bridge between the Government and civil society on human rights issues, an Ombudsman's office had been established, and the Government was currently considering a draft plan on human rights (2007-2012), which the National Council had submitted.

Another member of the delegation, responding on the issue of the legal status of international human rights conventions, said that, as set out in the report, such conventions became part of national legislation as soon as they were ratified. Such treaties had an intermediate status between the Constitution and the law. If the Convention contradicted national legislation, the Convention's provisions had precedence if the Convention was enacted after the legislation was adopted. A case in point involved a railroad workers strike. The workers were prosecuted for striking. Their defence asserted the workers right to strike under the International Covenant on Civil and Political Rights, and that right had been upheld.

Regarding recourse for migrant workers whose rights had been infringed, the delegation said that there was a hotline in the Ministry of Manpower and the Ministry of Foreign Affairs for migrant workers. There was also a unit being set up to provide assistance to Egyptians abroad.

In terms of social welfare, the law on social insurance allowed for Egyptian migrant workers – working either temporarily or permanently outside of the country – to receive a pension on their return. The delegation stressed that Egypt was eager to welcome former migrants back, along with their children and their families.

Further Questions and Comments by Committee Experts

Regarding dissemination of the Convention, an Expert noted that there was no information about the Convention on the Egyptian Government’s website. He was also concerned about reports received that a woman had to have her husband's consent in order to obtain a passport in Egypt.

An Expert asked for details of punishments handed down in cases where employers had been found to have infringed the rights of irregular workers.

On the issue of trafficking, an Expert found the delegation's response in its written replies to be overly programmatic, simply asserting that this was not an issue. Egypt was often a way station for women travelling to work in other countries, and so that issue bore closer scrutiny. Another social phenomenon that could contribute to a rise in trafficking was the practice of migrants importing wives and then repudiating them, leaving the women often alone and pregnant without work.

Response by Delegation

In response to the questions, the delegation of Egypt said, with regard to the kafala system that was widely used throughout the Gulf States, in Egypt they respected the internal rules of each country and the domestic rules that regulated migrant workers. As an exporting country of migrant workers, Egypt's role was not to interfere in domestic affairs of other countries. However, in a recent official visit to Saudi Arabia, in meetings with the Minister of Labour, agreements were reached regarding migrant workers. It was now possible for workers to move from one kafeel to another, and the term limits for entry visas had now been extended from one to two years. Egypt had taken numerous measures to deal with the kafala system, and international instruments had also addressed this issue. However, Egypt did not feel that the kafala system fell within the scope of the Convention in terms of sending countries. Egypt had taken what action it could.

Concerned about the cases of those migrants who had drowned in attempts to reach Italy, Egypt and Italy had reached a bilateral agreement on migrant workers. The Egyptian Ministry of Labour and Migration would register all Egyptian workers wishing to travel to Italy through an Internet site. On the Italian side, employers could do the same, registering available positions. The Italians and the Egyptians would then match up the requests for employment with the workers who would then receive a training course, including language classes, and information on Italian culture, and the rights and responsibilities of migrant workers. Egypt had also concluded memorandums of understanding in this area with Jordan and Morocco, respectively.

On the issue of asylum-seekers, the delegation highlighted that Egypt was the centre of the regional office of the UN Refugee Agency (UNHCR), and many refugees came to Egypt seeking to migrate to other countries abroad. Such refugees – who came from a number of countries, such as Somalia, but many of whom were from the Sudan – were a totally different category from those Sudanese living and working in Egypt who had been there for decades. Unfortunately, due to cuts in funding to UNHCR, UNHCR in turn cut the resources it distributed to asylum-seekers. That led to a sit in to protest the cuts and the long waits for UNHCR to process their cases. Egypt had been left in a bind: they could not send the refugees to third countries, nor could they send them back, given the principle of non-refoulement.

Regarding Egyptian communities abroad, the delegation said, in terms of civil and political rights, it was very important that Egyptians abroad had their full rights in terms of political participation. However, it was true that political rights, and the right to vote in particular, were an area that needed to be promoted in Egypt; Egypt's political culture still had to be enhanced and upgraded. That was largely owing to the fact that, prior to the 1970s, Egypt had had a one-party system. Only some 30 per cent of the eligible electorate in Egypt were registered to vote now, and that number was much lower for Egyptians abroad, where only some 10 per cent were registered. Egypt was conducting a campaign to encourage registration, and it was true that democracy was incomplete until all Egyptians – both inside and outside of Egypt – were registered. It was not an issue of political denial of political rights: it was an administrative matter as well as a need for a cultural shift to one of political participation.

In terms of illegal Egyptian migrants detained in Israel, and whether there had been a delay in issuing documentation because of discrimination against bedouins, the delegation emphasized that Egypt had never known racism or discrimination in its entire history. All Egyptians had always been equal before the law. No racism or racial discourse had ever existed or ever been permitted in Egypt. Bedouins were not a different ethnicity from the rest of the population and there was no discrimination against them, including in the case in question. In the case of the bedouins detained in Israel, it should be remembered that bedouins, by definition, were nomadic and had crossed borders throughout history. In fact, some of the bedouins in detention had denied that they were Egyptians. Also, it bore mentioning that a number of those bedouins had been involved in cases of illegal cross-border trafficking, including in drugs. Therefore it was very important to verify who those individuals were.

In terms of family reunification, if a worker was illegal or undocumented there was no legal provision for him or her to bring their family members into the country. The Egyptian labour code and the law on civil servants provided for a spouse travelling abroad to be accompanied by their spouse, with full payment of the spouse's salary in cases where both spouses were civil servants.

On human trafficking, the delegation wished to stress that Egypt was neither a safe haven nor a way station for prostitutes; Egypt was neither a source nor a destination for traffickers. Unfortunately, Egypt happened to be a transit country. Hundreds of women from former Soviet countries transited through Egypt on tourist visas. It was not possible for Egypt to disrupt its entire tourist industry just to stop this particular phenomenon. Regarding the United States State Department watch list, the delegation took exception. Egypt was bound by its international agreements and guidelines, and by collective efforts taken under the auspices of the UN Office on Drugs and Crime.

The delegation said that Egyptian law had in the past stipulated that an Egyptian woman needed to have her husband's permission to get a passport. However, that law had been challenged and the Supreme Constitutional Court had held that such a procedure was unconstitutional. Following that judgement the law had been amended, and women no longer needed their husband's consent.

With regard to Egypt's reservation concerning article 18, paragraph 6, of the Convention, which provided for migrant workers or their families that had suffered from a miscarriage of justice to be compensated, the delegation said that anyone living in Egypt – legally or illegally – who had suffered from a miscarriage of justice had the right to seek compensation from the courts. In addition, Egypt was exploring the possibility of withdrawing this reservation and would keep the Committee informed.

Non-governmental organizations had been consulted in an unofficial manner in drafting Egypt's initial report, and they had been free to submit their own shadow reports to the Committee on the situation of migrants. However, the present initial report reflected the Government's views, the delegation stressed.

Further Comments and Questions by Experts

In a third round of questions, the country rapporteur first wished to clarify that his comments on trafficking were not an accusation that Egypt was a source of prostitution. He fully recognized that Egypt was a transit State for traffickers, and was merely asking Egypt to address that fact. On the kafala system, the country rapporteur begged to differ from the stance of the delegation, that it was not Egypt's part to interfere in the domestic affairs of other States. As the individuals in question were Egyptians, Egypt had a duty to protect their rights, wherever they were.

Response by Delegation

Responding to these and other questions, the delegation said that, regarding statistics, the International Labour Organization had informed the delegation yesterday of a project to compile statistics on Egyptian workers abroad. Regarding the kafala system, it had been stressed that although Egypt would not interfere in the internal affairs of States, it was obviously taking what actions it could to protect its citizens.

In terms of the rights of domestic workers, there was a difficulty in that labour inspectors could not enter private homes to verify labour conditions. Moreover, domestic workers were considered culturally inferior and were not protected. For that reason, Egyptians did not want to take domestic work and Egyptians had had to resort to hiring foreign domestic workers. What needed to happen was a change in the labour code, to protect domestic workers and to enhance the status of such workers. The matter was under study.

Preliminary Concluding Observations

ABDELHAMID EL JAMRI, Committee Expert acting as country rapporteur for the report of Egypt, thanked the Egyptian delegation for their presentation and their replies. It had been a frank and rich exchange and the Committee now had better information on which to base its recommendations.

Mr. El Jamri said they had discussed the human rights of migrants, whether Egyptians abroad or foreign nationals in Egypt, but he wished to insist that there was a regional dimension to the migrant question. He felt that Egypt needed regional support to answer those questions.

Among areas of concern for the Committee were the continuing state of emergency in the country, recent amendments to the Constitution and the current anti-terrorism law being contemplated. There were also some good practices that should be highlighted, Mr. El Jamri continued, including the agreement with Italy to prepare migrant workers before they left the country and the programme to sensitize youth to the dangers of illegal immigration.

Mr. El Jamri also wished to address the issue of mandatory screening for HIV/AIDS for workers entering the country. He pointed out that that practice was contrary to international labour law, and both ILO and World Health Organization regulations, and he appealed to Egypt to abandon it.

Finally, Mr. El Jamri appealed to the delegation to reopen the non-governmental organization for employees – the Centre for Trade Unions and Workers' Services – that had been closed, to enable workers to enjoy protection of their rights.

In concluding remarks, PRASAD KARIYAWASAM, the Chairperson of the Committee, said that the Committee had had a fruitful dialogue over the past two days. Egypt had been the first country to ratify the Convention, and that in itself demonstrated the high level of Egypt's commitment. However, it also gave Egypt a greater responsibility to turn words into deeds. That was very essential in the context of the progress of the Convention.

There were implementation issues, there were lacunae, the Chairperson said. Egypt could and would do better. There was also a difficulty in that Egypt was hamstrung when it came to protecting workers abroad who were working in countries that were not parties to the Convention, and the Committee recognized that.