E/C.12/EGY/CO/2-4
12.
The Committee is concerned about the high percentage of workers employed in the
informal sector without adequate safeguards and especially vulnerable to violations of the
right to just and favourable conditions of work (art. 7).
The Committee recommends that the State party take steps to ensure the compliance
of its labour law with the provisions of the Covenant and extend the application of its
labour law to all workers, including to those working in the informal sector.
13.
The Committee is concerned that the State party’s legislation allows only for limited
union and syndicate freedoms. Moreover, the Committee is concerned that, pursuant to Law
35/1976 of the State party, the Egyptian Trade Union Federation (ETUF) is the sole trade
union structure mandated under law and that Decree 97 of November 2012 further
undermines trade union activities by empowering the Ministry of Manpower with the
authority to appoint replacements to vacant trade union offices. The Committee is also
concerned that persons criticizing ETUF have been subject to criminal prosecution.
Furthermore, the Committee is concerned that the State party’s legislation, including its
Penal Code and Labour Law, imposes disproportionate restrictions on strikes (art. 8).
The Committee recommends that the State party amend legislation on the right to
association to ensure compliance with the Covenant, particularly with regard to the
recognition of independent labour unions. Furthermore, the Committee recommends
that the State party amend section 19 (f) of the Trade Union Act No. 35 of 1976, as
amended by Act No. 12 of 1995, to allow workers the freedom to join and form unions
of their choice, including in the same work sector, in accordance with the provisions of
the Covenant. The Committee also recommends that the State party strengthen legal
provisions protecting striking workers from reprisals.
14.
The Committee is concerned that the majority of the population, particularly those
employed in the informal sector, is not adequately covered by social security. Furthermore,
the Committee is concerned at the insufficiency of social assistance and support
programmes for socioeconomically disadvantaged individuals and families (art. 9).
The Committee recommends that the State party take steps to adopt national
legislation and establish an implementation strategy to ensure universal access to
social security, providing for a minimum essential level of benefits to all individuals
and families, including access to health facilities. The Committee also recommends
that the State party ensure that the strategy is effectively implemented, including
through allocating sufficient human, technical and financial resources and monitoring
its implementation through the regular collection of disaggregated statistics.
15.
The Committee is deeply concerned at the high incidence of sexual violence against
women, including gang rapes of women participating in demonstrations and protests.
Moreover, the Committee is concerned at the lack of effective preventive measures and
accountability measures taken by the State party to address this grave situation (art. 10).
The Committee recommends that the State party take concrete legislative and
enforcement measures to eliminate all forms of violence against women, including
marital rape, and sexual violence against women participating in protests and
demonstrations. In doing so, the State party should ensure effective and accessible
reporting channels and protection measures that are sensitive to victim needs and
confidentiality. The State party should also ensure the enforcement of appropriate
criminal sanctions against perpetrators of violence against women, including by
monitoring the number of prosecutions and convictions in this regard.
16.
The Committee is concerned that female genital mutilation continues to be widely
practiced, including on so-called medical grounds, and the criminalization of the practice
has not been followed up with prosecutions (art. 10).
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