Replies to List of Issues : Egypt. 28/03/2000.
. (Reply to List of Issues)
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Twenty second session
Geneva,25 April-12 May 2000
Item 6 of the provisional agenda

EGYPTE: Replies to the written List of Issues



Translated from Arabic


Periodic report of Egypt on the International Covenant on Economic, Social and Cultural Rights submitted to the United Nations Committee on Economic, Social and Cultural Rights (reply of the Egyptian Government to the list of issues raised by the Committee on Economic, Social and Cultural Rights and annexed to note G/SO 221/912 of 21 May 1999 from the Office of the High Commissioner for Human Rights



I. GENERAL FRAMEWORK WITHIN WHICH THE COVENANT IS IMPLEMENTED

A. The status of the International Covenant on Economic, Social and Cultural Rights


1. The Egyptian Permanent Constitution of 1971 currently in force is described in the report as an embodiment of human rights principles and standards. Please cite specific cases where economic, social and cultural rights have been invoked in Egyptian courts. Does Egyptian law create any right of action on behalf of individuals or groups who feel that their economic, social and cultural rights are not being fully realized?

Reply

Economic, social and cultural rights are covered by the Egyptian Constitution in the manner referred to in detail in the report. In the legislation that it promulgates, the Egyptian legislature manifests its commitment to those rights and principles which, in the Egyptian legal system, are regarded as constitutional rules that take legal precedence.

This commitment by the legislature falls within the framework of the judicial control exercised by the Supreme Constitutional Court over the constitutionality of laws.

Within this context, social insurance is one of the important rights concerning which constitutional disputes have been brought before the Court, which ruled as follows:

Constitutional judgements:

(a) The Court declared unconstitutional article 1 of Act No. 1 of 1991 amending article 1 of Act No. 107 of 1987 which, in turn, modified some provisions of the Social Insurance Act No. 79 of 1975 since it stipulated that, in order to benefit from the modified minimum pension, the worker must have been in service on a specific date. The Court regarded this as discriminatory and a violation of the provisions of article 40 of the Constitution (judgement handed down in case No. 34/judicial year 13 on 20 June 1994 and published in the Official Gazette No. 27 of 1994 on 7 July 1994).

(b) The Court declared unconstitutional paragraph 1 of article 40 of the Social Insurance Act No. 79 of 1975, which made provision for cessation of payment of the pension if the person entitled thereto worked for an employer who fell outside the scope of application of the Act, and who was subject to a legally specified alternative system, until the date of his separation from the said employer's service or until he reached the stipulated age, on the ground that this violated the provisions of articles 7, 12, 13, 62 and 122 of the Constitution under the terms of which the State was placed under an obligation to guarantee insurance benefits for its citizens and not to violate private property, the concept of which applies to both rights in personam and rights in rem, including pension rights, since they both arise from the relationship with the original employer (judgement handed down in constitutional case No. 16/judicial year 15 on 14 January 1995 and published in the Official Gazette No. 6 of 1995 on 9 February 1995).

(c) The Court declared unconstitutional article 99 of the Armed Forces Retirement, Insurance and Pensions Act No. 90 of 1975 for the same reasons already referred to in (b) above concerning the inadmissibility of receiving both a pension and a salary (judgement handed down in constitutional case No. 3/judicial year 16 on 4 February 1995 and published in the Official Gazette No. 9 of 1995 on 6 March 1995).

(d) The Court declared unconstitutional the second paragraph of article 40 of the Social Insurance Act No. 79 of 1975 in the case of the persons covered thereby, since it deprived them of the right to receive both a pension and a salary, thereby violating the provisions of articles 7, 12, 13, 34, 40 and 62 of the Constitution (judgement handed down in constitutional case No. 52/judicial year 18 on 7 June 1997 and published in the Official Gazette No. 25 of 1997 on 19 June 1997).

The comments on the articles of the Covenant contained in part II of Egypt's report submitted to the distinguished Committee referred to numerous rights on which the Supreme Constitutional Court had handed down rulings.

Everyone has a constitutionally recognized right to legal remedy and any individual or body corporate having the legal capacity to exercise this right can apply to the courts to enforce his or its rights or to secure the removal or cessation of any restrictions or practices impeding their enjoyment, regardless of the identity of the opposing party. The petition is lodged with the ordinary courts if the opposing party is an individual or with the administrative courts if it is a governmental body.

It should be noted that the above-mentioned judgements, as well as the judgements of the Supreme Constitutional Court cited in the report submitted to the distinguished Committee, were handed down in cases which were brought before the courts by the interested parties and subsequently referred by those courts to the Supreme Constitutional Court for a ruling on the constitutionality of the applicable provisions, which conflicted with constitutional rights. When such judgements have been handed down, all the State authorities have an obligation to implement them and the provision that has been declared unconstitutional can no longer be applied.

2. How does the Government of Egypt guarantee that all State authorities assigned to ensure compliance with constitutional and legal rules regarding human rights are sufficiently knowledgeable about human rights and freedoms?

Reply

The Constitution is the basic law, the provisions of which define the fields of jurisdiction of the State's public authorities, as well as the constitutionally guaranteed rights and fundamental freedoms of individuals. Next in order of legal precedence after the Constitution are the laws promulgated by the legislative authority which contain more detailed rules concerning all the questions and issues in the various fields regulated by law. However, the legislative authority is bound by the constitutional provisions which, in the Egyptian legal system, rank higher than the law itself.

A lesser role is played by the State institutions which, in the discharge of their duties, are bound by the laws promulgated by the legislature. Consequently, the decisions that they take must be in compliance with both the Constitution and the law, failing which any injured party can apply to the administrative courts for legal redress and compensation, if such compensation is provided for by law.

In accordance with article 151 of the Constitution, the International Covenant on Economic, Social and Cultural Rights and other international human rights instruments to which Egypt has acceded have been published in the country's Official Gazette and enjoy the same status as Egyptian laws, being applied in the same way as those laws. The International Covenant forming the subject of this report was published in the Official Gazette and entered into force with effect from 14 April 1982. Consequently, all the authorities have an obligation to comply with its provisions in the same way as all the other laws in force.

It should be noted that the country's Official Gazette is available to all at nominal prices and is distributed to all Ministries and government agencies. It is also available at all specialized bookshops and public libraries and, consequently, can easily be consulted by the staff of the agencies concerned who have an obligation to comply with the legal provisions set forth therein.

There are also a number of other ways in which the Egyptian State ensures that the contents of human rights and other basic international instruments are widely known. For example:

(a) Human rights and international humanitarian law are taught as subjects at police colleges and academies, faculties of law, centres for legal studies and the Institute for Diplomatic Studies.

(b) Periodic circulars are issued by the Department of Public Prosecutions, the Ministry of the Interior and the police in which emphasis is placed on the need for senior staff to ensure compliance with, and respect for, the principles of human rights and the constitutional rules.

(c) Human rights and international law have been included as subjects in training courses for intermediate and senior staff of the Egyptian Civil Service (pre-promotion courses for directors-general and ministerial under-secretaries - the Sadat Academy for the Administrative Sciences - the Training Institute for Senior Administrators, etc.).

3. What is the position of Egypt in relation to the Draft Optional Protocol to the Covenant?

Reply

The articles of the Optional Protocol are currently being studied in detail by the competent committees at the Ministry of Foreign Affairs and other Egyptian Ministries concerned in order to determine Egypt's position in regard to accession thereto.


B. Information and publicity concerning the Covenant

4. Please describe in detail the manner in which educational curricula at all levels are being developed so that the provisions of human rights instruments can be more widely known.

Reply

The endeavours that have been made to develop educational curricula in Egypt, particularly at the primary and preparatory levels, are characterized by their comprehensive and democratic approach to the process of educational reform and development, since the philosophy underlying the development of the curricula takes into consideration the views, concerns and particularities of all sections of society and is not confined solely to the viewpoint of educationalists. This gives a clear indication of the manifold dimensions of the development of curricula and the various subjects and concepts that must be incorporated therein.

One of the main principles that Egypt has adopted in regard to the development of curricula is the need to clearly shift the emphasis from the quantitative to the qualitative aspects of knowledge, from teaching to learning and from concentration on memorization by rote to development of the student's ability to think in a critical manner, solve problems and take decisions.

In recent years, a number of important issues and topics have arisen which must be taught to pupils and students since they all have a bearing on daily life and, more generally, on life in the twenty-first century with all its scientific, social, economic, technological and political changes. These issues are:

Human rightsTraffic awareness
The rights of the childTourism and development of tourist awareness
The prevention of discrimination against womenRespect for work and the quality of production
Environmental conservation and embellishmentLife skills
Preventive and therapeutic health careNational unity
Proper use and development of resourcesTolerance and education for peace
Population growth and its effect on developmentGlobalization and integration among the peoples of the world
Legal awareness of rights and obligationsRationalization of consumption and consumer protection.
Appropriate concepts concerning these issues, including human rights, have been incorporated in the developed curricula.

Competition for writers of textbooks

In accordance with the recommendations of the conferences on the development of curricula, an international competition is organized for writers of school textbooks. The author's ability to incorporate these issues in the textbook is one of the conditions of entry and also one of the criteria on which the jury selects the winning book. This ensures that the authors take a serious approach to those concepts in their books.

Editing and publication of textbooks

During the editing and publication of school textbooks, specialists ensure that the requisite concepts are included in the academic content of each book, to which they add material designed to emphasize and strengthen those concepts.

Copy books for related activities

In order to ensure that the student understands the issues and concepts set forth in the school textbook, a copy book containing a number of practical activities is also supplied with a view to providing him with an opportunity to practise and apply these concepts in his everyday conduct.

Teachers' manuals

Since these issues have been incorporated in the curricula only relatively recently, the teachers' manuals accompanying the school textbooks carefully explain them to the teacher and indicate the ways in which they should be presented to students in the various classes.

Teacher training

In order to ensure that the teacher understands these issues and concepts, they are emphasized and highlighted during training courses at which various strategies are also proposed for the teaching of these issues and concepts in such a way as to instil them into the minds of students as a practical activity. For example, while explaining a question that needs to be illustrated by data, a mathematics teachers can take this opportunity to enrich his students' tourist awareness by providing them with data on tourist sites, number of visitors, etc.

Within the framework of Egypt's commitment to the instruments concerning human rights and fundamental freedoms, considerable attention has been paid to human rights issues in several fields, including human rights in general, the rights of the child, women's rights and the prevention of discrimination against women.

This process required a study of the Arab, regional and international instruments defining those rights, after which meetings were held with specialists in the concepts involved in the issue of human rights, as in the case of all other issues, in order to analyse them and classify them as basic or subsidiary concepts ranging from simple to profound in a manner consistent with the different age levels of the various academic grades. These analyses were subsequently expressed in the form of a sequential matrix of concepts in order to facilitate the selection of those most relevant to the subjects studied at each academic level and grade.

Concepts involved in the issue of human rights
The right to a decent lifeThe right to form a family
The right to education and further educationThe right to consideration and respect
The right to comprehensive health careThe right to suitable housing
The right to wholesome foodThe right to personal liberty
The right to freedom of travel and movementThe rights of civilians in time of war
The rights of children, women and aged persons in time of warThe rights of families in time of war
The right to participate in political and social lifeThe right to engage in religious observance
The right to workThe right to enjoy peace and security
The right to freedom of assemblyThe right to safe childbirth
The right to enjoy leisure timeThe right to practise sport
The right to freedom of choice and decision-makingThe right to differ
The right to own property The academic curricula up to the third preparatory grade have already been developed and the process is currently being completed up to the end of the secondary level. Preparations are also being made to hold a conference on the development of secondary-level curricula and preliminary studies and research are being undertaken so that this conference can be held at an early date.

With regard to the inclusion of human rights issues in the academic curricula for this age level, it is expected that they will continue to be taught through the above-mentioned amalgamation method involving the selection of concepts most appropriate to this age level, which requires more in-depth study of ways in which these issues can be taught in a more direct and subject-oriented manner.

In addition to the amalgamation and integration method, it has been proposed that the secondary-level curricula should be based on a core curriculum in which a number of basic academic subjects would be studied by all students, who would also be able to choose a number of other subjects in accordance with their own wishes and predilections.

A separate syllabus might be formulated within the core curriculum for human rights, civic education or life skills in general or, alternatively, students might be offered the choice of a syllabus comprising some important issues suited to the requirements of their age level.

As in the case of the primary and preparatory levels, care will have to be taken to train teachers in the best ways to approach these concepts.

5. Please provide detailed reference to endeavours and programmes of governmental and non-governmental organizations which promote greater awareness of international human rights instruments (paras. 41 and 42).

Reply

International human rights instruments are of great interest to all sections of the Egyptian people. Accordingly, as a token of its commitment to the provisions of those instruments, the Government is eager to make them widely known and understood by seeking to ensure that the application of their lofty humanitarian values concerning human rights and freedoms is closely linked to the social education process since this is the only way to shape the behavioural patterns of future generations and guarantee that they are imbued with those values, aware of the benefits derived from enjoyment of those rights and eager to safeguard their fruits. Ongoing encouragement will obviously be given to endeavours aimed at disseminating and promoting greater awareness of those instruments at all levels and among all communities through the audio-visual information media which is playing a leading role in familiarizing people with their human rights and fundamental freedoms and covering important issues relating to those rights in response to the problems that society faces in its daily life as a result of violations of those rights and freedoms.

In keeping with this Egyptian view, the international human rights instruments are now basic subjects that are taught at faculties of law, police academies and specialized national centres, the students of which will be firmly committed to their aims, to the implementation of their provisions and to the effective defence of the rights of others. They will also undoubtedly be capable of expanding the scope of application of those provisions in the functions that they will be assuming by virtue of their qualifications. Moreover, Egypt has endeavoured to develop the educational curricula at all academic levels in order to make the lofty principles, purposes and provisions of those instruments more widely known. As already indicated in the reply to question 4, the curricula for the primary and preparatory levels have already been developed and the curricula for the secondary level is in the process of being developed.

Needless to say, the endeavours that the State and civil society are making to eradicate adult illiteracy, as a constitutionally prescribed national duty, are effectively helping to promote awareness of the instruments concerning human rights and freedoms by enabling newly literate persons to familiarize themselves with, and fully enjoy, those rights. This is undoubtedly the best way to ensure a steady increase in the number of persons capable of understanding and defending their rights.

In addition, in their programmes and respective fields of specialization, political parties, trade unions, professional associations and non-governmental organizations, in their capacity as legal entities with branches in all parts of the country, are playing a leading role in familiarizing people with these rights and freedoms by using means and methods appropriate to the nature and circumstances of each occupation, profession or place.

The endeavours that government agencies and private associations and legal entities have made in this field have undoubtedly led to an increase in the number of persons aware of their rights and freedoms, as is clearly evident from the judgements handed down by the Supreme Constitutional Court in the disputes brought before it, to which detailed reference has already been made in Egypt's initial report to the distinguished Committee.

6. What is the position of the Government regarding the role of NGOs in reporting human rights abuses?

Reply

In accordance with the provisions of article 63 of the Egyptian Constitution, the right to file a complaint is guaranteed and any individual or body corporate is entitled to address the public authorities in writing and under his or its own signature or the signature of his or its legal representative. Consequently, legally registered non-governmental organizations have the right to address the public authorities concerned with their particular field of activity and are entitled to report any offences constituting violations of human rights. In the case of other violations, the non-governmental organizations have the right to apply to the courts to defend the rights and interests of their members in their respective fields of activity. Environmental and consumer protection associations are also remarkably active in this field.

II. ISSUES RELATING TO THE GENERAL PROVISIONS OF THE COVENANT

Article 2.1: Achieving progressively the full realization of economic, social and cultural rights

7. Please provide updated statistics relating to social and economic indicators, including allocations of the national budget in the field of food, health, housing, education and culture.

Reply

Satisfaction of the social requirements of citizens is one of the main priorities of the programmes that the State formulates to ensure social justice and protect limited-income categories. In this regard, the State endeavours to periodically increase the amounts appropriated to meet those requirements.

In keeping with this commitment, in 1996/97 the allocations for the social sector amounted to LE 27 billion out of a total of LE 77.5 billion appropriated for public expenditure (i.e. 34.8 per cent). In 1997/98, these allocations increased to LE 31.7 billion out of a total of LE 83.5 billion appropriated for public expenditure (i.e. 38 per cent). In 1998/99, they increased to LE 34.5 billion out of a total of LE 91.2 billion (i.e. 37.8 per cent).

These allocations were distributed as follows:

Education: LE 14.8 billion in 1998/99, as compared with LE 13.7 billion in 1997/98.

Health: LE 5.2 billion in 1998/99, as compared with LE 4.6 billion in 1997/98.

Subsidization of basic commodities: LE 4.9 billion in 1998/99, as compared with LE 4.7 billion in 1997/98.

Social and health insurance: LE 7.9 billion in 1998/99.

Social and cultural services: LE 2.4 billion in 1998/99.

Detailed reference is made to the allocations for housing and housing development services during the last three years of the Fourth Five-Year Development Plan in the reply to question 29 in this annex.

8. The report describes the "economic rights of non-nationals". Please discuss in what way non-nationals are not guaranteed the rights recognized in the Covenant. What are the difficulties encountered regarding the implementation of these rights as far as non-nationals are concerned?

Reply

In its comments on article 2, paragraph 3, the report referred to the extent to which Egyptian legislation guarantees some economic rights for non-nationals, particularly in regard to the right to work, the right to own property and the right to social insurance.

Within the context of the legislative amendments made in this field, Act No. 97 of 1996, which amended some provisions of the Banking and Credit Act, increased the proportion of the capital of joint and private banks that non-Egyptians are permitted to own to 49 per cent. The

Commercial Registration Act No. 34 of 1976 was likewise amended by Act No. 98 of 1996 in such a way as to permit the entry in the Commercial Register of foreigners engaged in export activities, regardless of whether they are individuals or companies.

In Egypt, investment activities enjoy important guarantees designed to encourage foreign investment in the country. Investment is governed by Act No. 230 of 1989 and the policies and programmes for the promotion of investment in Egypt have provided investment opportunities in numerous fields of economic and commercial activity and also in basic infrastructural and other major projects. Both nationals and foreigners can be granted licences to operate public utilities and enjoy the privileges provided for in the Investment Act in this regard.

It should be noted that, under Egypt's economic reform programmes, the primary aim of the comprehensive development plans is to reduce the rate of unemployment and improve the standard of living of Egyptians. This aim is being pursued within the framework of the country's national economic development plans in which due regard is shown for article 2, paragraph 3, of the International Covenant forming the subject of this report, since Egypt is a developing country.

9. The Egyptian Government has made reservations to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol which ensure the economic, social and cultural rights of refugees and asylum-seekers. Specifically, there have been reservations made to article 22 (1) on public education and article 24 on labour legislation and social security. Please explain why these reservations were made in the light of Egypt's obligations under the Covenant.

Reply

The purpose of Egypt's reservations concerning the two above-mentioned articles was to avoid any obstacle that might affect the right of the Egyptian authorities to provide training for refugees on a case-by-case basis.

It should be noted that Egypt has acceded to the African Charter on Human and Peoples' Rights, which contains provisions concerning refugees in Africa and the scope of which exceeds that of the Convention relating to the Status of Refugees.

Moreover, in Egypt, there are only a small number of refugees, most of whom are from African countries, with the exception of the Palestinian refugees whose situation is governed by special agreements between the States members of the League of Arab States and who enjoy special rights in view of the circumstances that gave rise to their problem.

10. Please indicate the main difficulties in implementing legislation regarding equality between women and men in the enjoyment of their economic, social and cultural rights. What measures is the Egyptian Government taking to address these obstacles?

Reply

Equality between men and women is one of the principles enshrined in articles 11 and 12 of the Constitution. The State guarantees this equality in all fields and has an obligation to reconcile women's family duties with their employment in society.

These constitutional principles, to which the legislature is committed, undoubtedly require efforts to overcome all the obstacles created by the negative aspects of some prevailing customs and concepts, the combination of which is impeding achievement of the desired development and progress. Accordingly, the Government has formulated numerous plans, programmes and measures to eliminate those obstacles. In the light of the recommendations of the Beijing Conference concerning the need for government policies to take account of the views of women, a female component has been included in the Socio-Economic Development Plan with a view to ensuring gender equality and the advancement of women.

The purpose of the inclusion of a female component in the State's overall development plan is to bridge the gender gap through the economic, social and political empowerment of women and the improvement of their education and health, which will increase the country's ability to mobilize its latent productive resources since women constitute half of the labour force. It will also help to increase investment and income growth rates and improve the human development indicators in various fields.

This conceptual framework of the female component, which was formulated by a group of researchers representing all ideological trends, academic institutes, universities, trade unions and private associations, covered the following aspects:

(a) The indicators of the present situation of Egyptian women in various fields.

(b) Definition of the aims of the advancement of Egyptian women in the light of the present situation.

(c) Proposal of a set of policies that the plan could adopt in order to help to achieve those aims.

(d) The need to accord priority to the categories in need of special care, namely rural women and female children.

The main achievements that the State has made in its endeavours to promote equality between men and women are as follows:

1. An increase in the proportional participation by women in the various fields of economic development, particularly industrial production, in order to help poor women.

2. Modification and adaptation of vocational education and training programmes in a manner consistent with the needs of women and the requirements of the labour market.

3. Support for small projects undertaken by poor women who are family providers, by facilitating their access to loans, education and training in order to improve their standard of living.

4. Encouragement and support of private associations the main aims of which include enhancement of the socio-economic situation of women.

The periodic women's conferences that are held by specialized State bodies regularly evaluate those endeavours, determine the extent to which the relevant plans have been successful, identify and try to eliminate the obstacles impeding the achievement of those aims, and reset the priorities of those aims in the light of the indicators compiled by specialized researchers or the actual problems with which women are faced in their lives.

11. Please explain why illiteracy rates for women in Egypt are much higher than those for men.

Reply

The fact that the illiteracy rates in Egypt are higher among women than among men, particularly in the older age group, is one of the most serious challenges facing the country's programmes and plans for the development of women, since female illiteracy is a phenomenon that has accumulated over past generations as a consequence of, and a reaction to, numerous inherited erroneous customs. Hence, the programmes to promote girls' education have been remarkably successful in the younger age group in which the enrolment rate at the stage of basic education is about 99 per cent and the drop-out rates are very low, amounting to about 1 per cent at the primary stage and 3 per cent at the preparatory stage according to the 1997/98 statistics.

At the present time, the illiteracy rates among women in Egypt are higher than those among men only in the older age groups for the following reasons:

(a) The lengthy distances that had to be travelled in order to attend schools was one of the main obstacles impeding female education in rural areas.

(b) Families had insufficient money to spend on education.

(c) The content of the school textbooks did not meet the various needs of students.

(d) Opportunities for female education were lacking in remote areas and poor environments in which it was difficult to provide educational services.

(e) In some areas, customs and traditions induced families to refrain from educating their girls.

(f) Marriages were contracted at a younger age.

Numerous intensive programmes and plans have been prepared with a view to reducing this disparity in the older age groups, particularly among rural women, through adult literacy classes and the modification and intensification of vocational education and training in a manner consistent with the needs of women and the requirements of the labour market.


III. ISSUES RELATING TO SPECIFIC PROVISIONS OF THE CONVENTION

Article 6: Right to work


12. What measures has the Government taken to combat the serious problem of unemployment and what has been the result of these measures?

Reply

The Egyptian Government is giving its full attention to the problem of unemployment and is making every endeavour to find appropriate long and short-term solutions to reduce unemployment. The overall measures that the Government has taken to combat unemployment are as follows:

(a) Establishment of the Social Fund for Development, which helps to finance the small projects of young graduates through long-term loans at nominal interest. It also provides technical and technological assistance for those projects.

(b) Distribution of desert land among young graduates for purposes of reclamation, for which all the requisite services and facilities are provided.

(c) Implementation of gigantic projects, such as the Tushka outlet, the project to the east of Tafri'a, the Gulf of Suez project, and the encouragement of national and foreign investment in production projects in order to provide employment opportunities at all levels.

With regard to the practical steps that the agencies concerned are taking to solve this problem, we will review some unemployment indicators, as well as the principal achievements and obstacles and the measures that are being taken to overcome this problem in Egypt:

According to the 1996 census, the labour force, amounting to about 18 million persons, constituted 35.4 per cent of the total population.

During the last two years, more than 1 million employment opportunities have been created as a result of increased investment, the launching of gigantic projects and the establishments of a new valley (the Tushka project). The number of persons in employment has evolved in the following manner.

Year
Number of persons in employment
(in millions)
1994/95
14.879
1995/96
15.340
1996/97
16.355
1997/98
16.955

This increase has led to the absorption of more new entrants into the labour force and a 7.4 per cent reduction in the rate of unemployment. These figures confirm the need to create 600,000 employment opportunities per year in coming years through projects in the commodity and service sectors in order to absorb the new entrants into the labour force while, at the same time, achieving a steady reduction in the number of persons who are still unemployed.

Graduate databases are also being compiled and linked to the databases of the private sector and of employment offices, trade unions and vocational training centres so that a comprehensive policy can be formulated to meet local and external demand for labour. The adverse social consequences of the problem of employment, which reflect Egypt's economic situation as a developing country, are placing a heavy burden on both society and the State.

Egypt is aware of the socio-economic dimensions of this serious problem which is affecting the stability and security of society and, consequently, the country's endeavours to overcome this problem have focused on a number of objectives, which can be summarized as follows:

The need to reduce the surplus manpower in the governmental and public sectors, since previous policies have led to overstaffing in these sectors.

The need to move this and other surplus manpower produced by the population growth, or as a direct result of the policy of free education, into the fields of employment required by the national plans for the development of resources and local and foreign investment.

The need to strengthen the role that the local community and the private sector play in the creation of employment opportunities, to provide loans on easy terms for productive activities and to regulate emigration for employment abroad.

(a) The principal achievements

(i) As a result of the policy of economic liberalization and privatization, the wage component of public expenditure declined from 10 per cent of GDP in 1981/82 to 6 per cent in 1991/92.

(ii) The policy of encouraging the private and foreign sectors has enabled them to absorb a larger proportion of the labour force (36.7 per cent during the period 1985-1996 as compared with 10 per cent during the period 1976-1982). The proportion of investments allocated to the five-year plans for the private sector also increased from 39 per cent in the 1982-1987 plan to 42.8 per cent in the 1987-1992 plan and 69 per cent in 1998/99.

(iii) The legislation governing the employment of Egyptians abroad has been amended in such a way as to grant some privileges to persons working in the governmental and public sectors, such as the right to reinstatement in their posts within one year from the date of their resignation. In 1991/92, the number of Egyptians working abroad amounted to 2 million.

(iv) Two institutes have been established for male and female orphaned children in which they enjoy full boarding facilities and receive primary and preparatory education. The curriculum includes training in a number of trades and crafts, such as carpentry, metalworking, plating, the leather and textile trades, decoration, painting, the ready-made clothing trade, embroidery and brocade, and the graduates of these two institutes are granted appropriate amounts of money to begin their working lives on completion of their studies. The numerous employment opportunities provided by the Social Fund for Development include:

Permanent jobs

Through the provision of small loans to help young persons of both sexes to embark on new projects in various economic fields or to enable existing entrepreneurs to expand their businesses, or through income-generating projects or extremely small loans.

Temporary jobs

Through the implementation of labour-intensive infrastructural projects such as road construction, sewage and water supply networks and public buildings in remote and deprived rural areas, or through the employment of young graduates of both sexes in literacy programmes for adults and school drop-outs in all parts of the Republic.

(b) The principal obstacles

The problems and obstacles impeding Egypt's endeavours to combat unemployment are largely confined to the difficulty of securing the investments needed to increase the absorption capacity of the labour market and maximize the productive development potential of national resources.

(c) Counter-measures taken

The future development plans will seek to overcome these obstacles through the achievement of the following objectives of the Egyptian National Population Strategy:

(i) A 5.7 per cent increase in productivity by the year 2002 and a 6.2 increase by the year 2007 through the use of modern production methods and the formulation of maintenance, replacement and renewal programmes and programmes to improve the effectiveness of training.

(ii) A reduction in the illiteracy rate in the labour force to 29 per cent by the year 2002 and 22 per cent by the year 2007 through the preparation of literacy programmes for workers and craftsmen employed in the governmental, public, agricultural and private sectors, with appropriate programmes for each field of activity.

(iii) A reduction in the proportion of children (under 15 years of age) in the labour force to 3.3 per cent by the year 2002 and 2.5 per cent by the year 2007 through strict application of the laws prohibiting the employment of children and by raising the minimum age for employment.

(iv) An increase in the proportional participation by women in the labour force to 16 per cent by the year 2002 and 18 per cent by the year 2007 through more effective literacy and training programmes, especially in rural areas, and the establishment of nurseries at places of work.

(v) A reduction in the unemployment growth rate to 0.5 per cent per year by promoting infrastructural projects and encouraging the local private sector through the Social Fund.

(vi) A reduction in economic dependency rates by increasing the economic growth rate through encouragement of foreign and local investment and encouragement of serious participation by the private sector in production fields.

(vii) Publication of a national employment bulletin to announce job opportunities at home and abroad in order to make it easier for job-seekers to take advantage of those opportunities.

13. Please provide information on the current government privatization programme which has resulted in numerous cases of forced early retirement, arbitrary dismissal and unemployment, as well as the wholesale shutdown of factories.

Reply

The Egyptian privatization programme does not permit forced early retirement. The early retirement programme operates on a voluntary basis and is characterized by the regard that it shows for the social dimension, since workers can opt for early retirement of their own free will without any pressure from anyone. Under the terms of the programme, any contract for the sale of a factory or company must provide for the transfer of its ownership together with its workforce, as well as an undertaking to maintain the workforce and its entitlements without any arbitrary dismissals.

The Labour Act No. 137 of 1981 does not permit termination of the services of a worker for economic reasons. It also prohibits the dismissal of workers due to a total or partial cessation of production or a change in activity unless such dismissals are duly authorized in accordance with the provisions of article 107, which stipulates that the Prime Minister shall order the formation of a committee to consider applications by enterprises for a total or partial cessation of operations or a change in the size or activity of the enterprise in a manner that might affect the size of its workforce. Employers are not permitted to totally or partially cease operations or change the size or activity of their enterprise without the approval of that committee.

Article 171 of the Labour Act No. 137 of 1981 prescribes a penalty of imprisonment for three months to one year and/or a fine of LE 500-1,000 for any violation of the above-mentioned provisions of article 107.


Article 7: Right to just and favourable conditions of work

14. The report describes the provisions of Act No. 137 of 1981 concerning wages. How are these provisions implemented in practice?

Reply

Section 2 of chapter III (arts. 32-42) of the Labour Code promulgated in Act No. 137 of 1981 is devoted to wages and the wage-related rights of workers. Article 1 of the Code defines "wage" as all the worker's cash emoluments plus allowances and benefits in kind. The Ministry of Manpower and Migration monitors the implementation of the provisions of the Code in this and other respects through its inspectors in all parts of the Republic who carry out inspections to ensure compliance with the articles of the Code in accordance with a fixed schedule or in response to a complaint. These inspectors, who are vested with the powers of criminal investigation officers in regard to labour-related offences, draw up reports on violations of the provisions of the Code, including those relating to wages. Under article 170 of the Code, fines can be imposed on employers who violate the above-mentioned legal provisions. The Code also recognizes the principle that, in the event of the employer's insolvency, the wages and entitlements of his workers or their beneficiaries take precedence over all the employer's other debts after the payment of legal expenses and amounts owed to the Public Treasury.

15. Indicate the difficulties encountered in the supervision and implementation of minimum wages.

Reply

The Government has not encountered any notable difficulties in the supervision and implementation of minimum wages which, in all the various sectors of activity (governmental, public and private), are set by the relevant laws and legislation. The Ministry concerned also has supervisory and control bodies which monitor the actual implementation of the provisions of the legislation concerning wages and ensure that any violations thereof are punished.

Since 1987, the State has announced annual increments ranging from 10 to 20 per cent, as a result of which the minimum wage has gradually increased by 170 per cent in all sectors. Accordingly, everyone is aware of the minimum wage which, therefore, would be difficult to disregard or violate.

16. Please indicate how the Government of Egypt is implementing the concept of equal pay for work of equal value as provided for in the Covenant.

Reply

Under the Egyptian Constitution, all citizens are equal in regard to their public rights and obligations, without distinction on grounds of gender, colour, origin, language or social or political beliefs (art. 40).

The Labour Act No. 137 of 1981 also recognizes the principle of equality in regard to wages in the following manner:

Article 32 stipulates that all workers are entitled to the same minimum wage, although it may be increased in some geographical areas and some occupations, professions or industries in accordance with decisions taken by the Advisory Committee on Wages established under the terms of article 79 of the Act.

Article 151 of the Labour Act further stipulates that: "Without prejudice to the provisions of the following articles, all the provisions regulating the employment of workers shall apply, without discrimination, to female workers performing the same work".

From the above, it is evident that there is no discrimination in regard to wages between men and women or between persons performing the same type of work, regardless of their gender or their political or religious beliefs. The provisions of the Act, which apply to all without distinction, are perfectly clear in this regard.

The Egyptian Government is diligently applying the provisions of the Constitution and the Act and, to this end, uses the standard methods to fix wage rates, particularly those provided for by law or by the collective labour agreements concluded between workers and employers or a combination of both.

The Ministry of Manpower and Migration also analyses the tasks performed in various occupations in order to compile job descriptions based on the nature of the work, without taking gender into consideration. This is done through tripartite consultations.


Article 8: Trade union rights


17. Please clarify why, under Egyptian law, all trade unions are required to join a single federation - the Egyptian Trade Union Federation.

Reply

It is in response to the wishes of the workers themselves that trade unions are required to join a single federation. In fact, there is unanimous agreement among the workers that their strength lies in their unity, since a firm collective will places them in a better position to overcome the problems and challenges with which they are faced.

The trade-union structure at all levels (trade-union committee, union and Federation) is designed in such a way as to promote the concept of association within a single occupation or between industries that are similar, interrelated or engaged in the same type of production at the national level in order to coordinate and concert endeavours for the mutual benefit of the trade-union committees which form the base of the trade-union structure. The Federation represents the Egyptian trade-union movement, to which all Egyptian workers are affiliated, and formulates its country-wide plans and programmes in such a way as to ensure that all its members fully enjoy their trade-union benefits. Trade-union bodies at all levels are freely elected, thereby ensuring that workers are represented in all the bodies that direct their trade-union activity.

18. What measures are being taken by the Government to address wage-related problems as well as poor working conditions in both the public and the private sectors which have led to an increasing number of strikes throughout Egypt?

Reply

The Labour Act No. 137 of 1981 does not prohibit strikes, for which provision is made in the new draft Labour Act. The following mechanisms have been established for the settlement of disputes:

1. Collective bargaining.

2. The Local Committees or the Central Council for the Settlement of Disputes.

3. The Board of Arbitration, the decisions of which are equivalent to judgements in cassation once they have been stamped by the registrar of the competent court of cassation.

The trade unions endeavour to overcome all problems relating to wages or poor working conditions through collective bargaining in which they seek to find appropriate solutions. Such collective bargaining by trade-union organizations has succeeded in solving many labour-related problems in various areas and the solutions reached have been of benefit in many places of work.

19. Please explain why the Government tolerates the practice of hiring labour on condition of their denouncing or resigning from labour unions.

Reply

Neither the Egyptian Labour Code nor the Trade Union Act No. 35 of 1976, as amended, permit the inclusion in an employment contract of a condition under which any employee is prohibited from joining a trade union or obliged to resign therefrom.

In this connection, it should be noted that the Egyptian Penal Code stipulates that it is a criminal offence to violate, or attempt to violate, the right to work, the right to employ a worker, or the right of association through force, intimidation, threats or any other illegal measures. A penalty of up to two years' imprisonment, together with a fine of up to LE 100, is prescribed for such offences.

20. Please explain the provisions of the new "Bill on Associations and Private Institutions" and why these are causing a wave of protests from development agencies and human rights organizations.

Reply

Non-governmental organizations and private associations and institutions are playing a fundamental role in the ongoing process of developing civil society and promoting democratic practices for which they use the tremendous voluntary potential and resources of civil society and its organizations. Accordingly, it was decided to update, develop and amend the law regulating the activities of these associations in a manner consistent with local and international changes and the rapidly and constantly evolving policies and plans designed to take full advantage of the tremendous potential of civil society.

Intellectuals, volunteers and executives were in unanimous agreement concerning the importance of promulgating new legislation in this field.

The State responded by promulgating the Private Associations and Institutions Act No. 153 of 1999 which sought to achieve a number of important objectives, including:

1. Restriction of the power of the administrative authority.

2. Resort to the courts to settle any dispute arising between the administrative authority and associations.

3. Deregulation of the fields of activity of associations, including human rights.

4. Facilitation of the procedures for the registration of associations.

5. The granting of new privileges to associations, including exemptions from Customs dues and taxes.

6. Freedom to form federations.

7. The right of associations to invest their surplus funds in economic projects.

The new Act was criticized on various grounds, including the lack of participation by the voluntary sector in its drafting and the manner in which it allegedly tightened the administrative authorities' control of associations.

In this connection, it should be noted that associations, federations and human rights organizations participated in the drafting of the Act at 19 public meetings held for this purpose in a number of governorates. Act No. 153 of 1999 also abolished the administrative authorities' jurisdiction in 22 matters referred to in Act No. 32 of 1964, as a result of which the authority no longer has the power to dissolve associations or their governing bodies and cannot prevent the registration of an association unless its objectives violate the provisions of the Constitution. Moreover, if the administrative authority has any objections against an association, the latter has the right to bring the matter before the Board of Arbitration or the courts.

Numerous entities against which such objections have been made have submitted applications for registration in accordance with the provisions of the new Act.

Positive aspects of the new Act

It accords special status to associations established in accordance with international conventions since Egypt has an obligation to observe the international conventions and treaties to which it accedes.

It permits all international non-governmental organizations to exercise their activities legally in Egyptian territory.

The majority of members of the Board of Arbitration must be from the voluntary sector.

The Act grants the Government and the association an equal right to resort to the courts in order to challenge decisions of the Board of Arbitration, as well as the right to lodge an appeal.

All the entities established outside the framework of Act No. 32 of 1964 are provided with an opportunity to regularize their situation in accordance with the provisions of the new Act. This will enable entities operating in the field of human rights to engage in their social activities within the framework of the social development process.

Associations are permitted to operate in all fields relating to any aspect of social development, without any interference in the designation of these fields (which include human rights), in a manner consistent with the provisions of the Constitution.

Associations are free to benefit from the experience of all State employees (this used to be confined to employees of the Ministry of Social Affairs).

Many of the privileges and exemptions provided for in Act No. 32 of 1964 have been reconfirmed and new ones have been added.

Associations are granted the right to own real estate.

The Act maintains the right of associations to join, or participate in, external associations or organizations subject to approval by the administrative authority, as well as the right to receive donations and organize fund raising campaigns.

Private associations and institutions are allowed to receive funds from abroad subject to approval by the administrative authority. The latter has 60 days from the date of notification in which to object, failing which receipt of the funds is deemed to be approved.

Finally, the new Act permits associations to set up and run service and production projects in order to supplement their financial resources.

From the above, it is evident that the Act furthers the aims of the voluntary sector and that the protests to which it gave rise were unfounded.


Article 9: Right to social security

21. Please update the information provided in the report on laws and policies pertaining to social security.

Reply

Article 17 of the Constitution of the Arab Republic of Egypt stipulates that: "The State guarantees social insurance and health services and benefits in the event of incapacity to work, unemployment and old age for all citizens in the manner provided by law".

The State has carefully formulated a number of social insurance schemes appropriate to the socio-economic living conditions prevailing in society. Each insurance scheme covers the insured categories against all types of risks by appropriate means designed to eliminate those risks or mitigate their effects on the lives of the insured persons.

Although the insurance schemes in the Arab Republic of Egypt differ in regard to their sources of funding or their management, they all operate within the general framework of social and health insurance services.

With regard to their sources of funding, the insurance schemes are divided into two categories: schemes which are partly funded by the beneficiaries and other schemes which are funded solely by the Public Treasury.


Social insurance schemes which are partly funded by the beneficiaries

1. The Social Insurance Act No. 79 of 1975

Initially, the Egyptian legislature made provision only for Government employees, to whom retirement pensions were granted in accordance with the Ordinance promulgated on 26 December 1854. The social risks were covered in subsequent legislation, culminating in the Civil Pensions Act No. 50 of 1963.

On 1 April 1956, social insurance became applicable to persons working for non-governmental bodies in the form of a savings scheme which was subsequently developed into an insurance scheme under the terms of Act No. 92 promulgated on 1 August 1959, which made provision for insurance coverage in the event of old age, incapacity, death and industrial accident.

On 1 April 1964, the Social Insurance Act No. 63 of 1964 added insurance against sickness and unemployment.

On the occasion of the establishment of the Ministry of Social Insurance on 28 March 1973, due to the similarity between the Governmental Civil Pensions Act No. 50/1963 and the Social Insurance Act No. 63 of 1964, it was decided to combine the two schemes. Accordingly, the Social Insurance Act No. 79 of 1975 was promulgated on 28 August 1975 and entered into force on 1 September 1975.

This Act covered all categories of employees in the various sectors, provided them with equal insurance coverage and replaced the previous legislation.

The Social Insurance Act No. 79 of 1975 made provision for the following social insurance services:

(a) Retirement, incapacity and life insurance.

(b) Industrial accident insurance.

(c) Health insurance.

(d) Unemployment insurance.

(e) Pensioner's welfare insurance.

Scope of application of Act No. 79 of 1975

(a) Civilian employees of the State administration and of public bodies and economic units attached thereto or other economic units in the public sector.

(b) Workers subject to the provisions of the Labour Act who meet the following conditions:

(i) The insured person must not be under 18 years of age.

(ii) There must be a regular employment relationship between the insured person and the employer.

(iii) Persons engaged in work connected with domestic service, with the exception of those working in private houses, provided that the work that they perform is manual and intended to meet personal needs of the employer or his family.

(iv) Persons engaged in contractual work and in loading and unloading operations.

(v) Foreigners subject to the Labour Act who hold the nationality of a State which has ratified the ILO Equality of Treatment Convention No. 19 of 1925, as well as foreigners who hold the nationality of a State which has not ratified that Convention provided that the duration of their contract is not less than one year and that a reciprocal treatment agreement has been concluded.

Funding of Act No. 79 of 1975

(a) The cost of funding the retirement, incapacity, life and health insurance components of this scheme is shared between the insured person and the employer.

(b) The contributions to the industrial accident and unemployment insurance components are borne solely by the employer, at no cost to the beneficiary.

Distinguishing features of the Social Insurance Act No. 79 of 1975

In addition to the various aforementioned types of insurance, the Act offers the following further advantages:

(a) The insurance contributions are calculated on all components of the wage, including incentives, commissions and special or supplementary allowances.

(b) The insured person enjoys guaranteed medical care through the network of hospitals and clinics of the Health Insurance Authority.

(c) Provision is made for additional benefits such as supplementary compensation, death benefit, funeral expenses, lump-sum commutation of part of the pension, and entitlements for missing persons.

2. Act No. 108 of 1976, concerning social insurance for employers and persons of equivalent status

This Act, which superseded Act No. 61 of 1973, applied some of the provisions of the Social Insurance Act to employers.

The social insurance scheme provided for under the terms of this Act includes retirement, incapacity and life insurance.

Some other types of insurance provided for in the Social Insurance Act No. 79 of 1975 may also apply to the insured person on the conditions and in the circumstances specified by decision of the President of the Republic.

Scope of application of Act No. 108 of 1976

(a) Self-employed individuals engaged in commercial, industrial or agricultural activity, craftsmen and other self-employed persons providing services.

(b) Full partners in partnerships.

(c) Persons engaged in liberal professions.

(d) Self-employed productive members of productive cooperative associations.

(e) Owners of an area of 10 feddans or more of agricultural land.

(f) Holders of an area of 10 feddans or more of agricultural land regardless of whether they are owners and/or tenants or sharecroppers.

(g) Owners of built-up real estate whose individual share amounts to LE 250 or more of its annual rental value.

(h) Owners of vehicles for the transport of passengers or goods.

(i) Officials legally authorized to solemnize marriages, and commissioned notaries (other than monks).

(j) Authors and artists.

(k) Mayors and sheikhs.

(l) Tourist guides and escorts.

(m) Commercial agents.

(n) Members of boards of directors and managing directors of joint-stock companies in the private sector.

(o) Managers of limited liability companies.

Some other categories may also benefit from the provisions of this Act by decision of the President of the Republic.

The insured person pays contributions on the basis of the contributory income that he chooses from the incomes listed in the schedule annexed to the Act.

Distinguishing features of the Social Insurance Act for employers

(a) Retirement pensions.

(b) Incapacity pensions.

(c) Pensions for beneficiaries.

(d) Additional entitlements for the insured person and his beneficiaries.

3. Act No. 50 of 1978 concerning social insurance for Egyptians working abroad

Egyptians working abroad may benefit from this voluntary scheme if they so desire.

The social insurance scheme provided for in this Act covers retirement, incapacity and life insurance.

Some other types of insurance provided for in the Social Insurance Act No. 79 of 1975 may also apply to the insured person on the conditions and in the circumstances specified by decision of the President of the Republic.

The categories entitled to benefit from Act No. 50 of 1978 are:

(a) Workers holding personal contracts of employment abroad. However, workers who retain their posts in the Arab Republic of Egypt but work abroad on secondment or during special leave authorized by their employers remain subject to the provisions of the Social Insurance Act No. 79 of 1975 while working abroad during the period of their secondment or special leave.

(b) persons working for their own account abroad (persons working for their own account within the country are covered by the general social insurance scheme promulgated in Act No. 108 of 1976 and Act No. 112 of 1980).

(c) Persons holding personal employment contracts with offices of international or regional organizations located in the Arab Republic of Egypt.

(d) Emigrants in the above categories who retain their Egyptian nationality, subject to the condition that only insured persons over 18 and under 60 years of age can benefit from the scheme.


Social insurance schemes which are funded solely by the Public Treasury

1. The Social Security Act No. 30 of 1977

The aim of this Act was to provide financial security for families, particularly those which were not covered by social insurance schemes, and also to provide relief in cases of emergency. The Act made provision for the following insurance services:

Social security pensions

This Act made social security services available to the following categories of citizens who were not receiving any pensions under the terms of the social insurance legislation: orphans, widows, divorced women, the children of divorced women who had died or remarried or who were serving prison sentences, the totally incapacitated, women over 50 years of age who had never married, the families of persons serving a term of not less than 10 years' imprisonment, the aged and elderly married women.

Monthly assistance

Monthly cash allowances are payable to needy individuals and families not entitled to the above-mentioned monthly pensions in the following cases: pregnant women, infant children, partially incapacitated persons, sick persons, the families of persons serving a term of not less than 10 years' imprisonment and families without a breadwinner.

Other assistance

Other forms of assistance include relief in the event of general or personal disasters, the provision of single lump-payments or assistance in kind to enable needy individuals or families to implement a project or meet education expenses, urgent requirements or exceptional circumstances.

Assistance is also granted to former employees and their families in the event of sickness, marriage of daughters or sisters, children's education expenses, low income and urgent requirements.

2. Act No. 112 of 1980 concerning social insurance for categories of manpower not covered by other legislation

Act No. 112 of 1980 completed the insurance coverage for citizens by making provision for the following categories of manpower which were not covered by the Pensions and Social Insurance Acts: temporary workers in the agricultural and fishing sectors, persons working in the transport sector, small-scale self-employed tradespeople, owners and tenants of small plots of agricultural land, domestic servants and persons suffering from leprosy or recovering from tuberculosis who are enrolled at vocational training and rehabilitation centres. Pensions are payable, subject to the conditions laid down in the Act, when the insured person reaches the age of 65, is certified as suffering from a permanent total disability, or dies.

Improved benefits

In order to maintain a balance and periodically increase the benefits, the State has promulgated a series of legislative enactments which increased the pension entitlements under the above-mentioned insurance schemes. The most recent of these enactments were Act No. 20 of 1999 concerning persons covered by the Social Insurance Act and Act No. 22 of 1999 concerning persons covered by the Social Security Act and Act No. 112 of 1980.

Application-related aspects

These insurance services have been developed through computerized data processing systems, in which 52.5 million insured persons were registered by 30 June 1999, with a view to improving the speed, regularity and efficiency of the services. The system for the receipt of pensions at home has been expanded and the standard of competence of the persons working in this field is constantly being improved.

Statistical indicators

1. Number of insured persons: 15.4 million citizens on 30 June 1993; 17.9 million citizens on 30 June 1998.

2. The total value of the pensions and compensation paid rose from LE 2.2 billion in 1988/89 to LE 8 billion in 1997/98.

3. The number of pensioners and beneficiaries rose from 5.2 million citizens in 1988/89 to 6.5 million in 1997/98. These figures do not include persons receiving social security benefits.

4. The number of locations at which entitlements were payable amounted to 13,345 on 30 June 1998.


Article 10: Protection of the family and of mothers and children

22. Please indicate the legal and practical difficulties in guaranteeing the right of men and women to enter into marriage with their full and free consent.

Reply

As indicated in the report, there are no legal difficulties that prevent men and women from enjoying the right to enter into marriage with their full and free consent.

With regard to the practical difficulties, although the State has endeavoured to promote all aspects of the economic, social and cultural development of women, who constitute half of society and, in their capacity as citizens, mothers and workers, play an important and effective role in all spheres of community life, women are facing some difficulties and problems, such as early marriage below the legal age, illiteracy and a low standard of living, which prevent them from freely expressing their frank opinion on their prospective spouse. However, these problems are largely confined to rural and remote areas of the country and currently affect only a small percentage of women. The State is endeavouring, through its effective development plans and programmes, to eradicate illiteracy and promote greater awareness among women and young girls in remote areas with a view to overcoming and eliminating these difficulties.

23. Please discuss the extent of domestic violence against women, particularly the factors underlying the problem, government measures to address the problem and the difficulties encountered in such efforts. Please indicate which government institution is assigned with the task of protecting and promoting women's rights.

Reply

Violence against women

Violence against women is a sensitive issue that has been raised in various countries, including developed countries. Although Egypt has some surveys and statistics concerning violence, they do not accurately reflect the true situation, as many acts of violence are not officially reported. Moreover, in addition to sexual and physical violence, violence against women includes all forms of behaviour that demean or disparage women, affirm their dependence and prevent them from asserting their identity in a natural manner.

Forms of violence against women

Family violence

This is directed against female children, who are prevented from playing and forced to help with domestic tasks and serve their male brothers. There is evident discrimination in the treatment of male and female children, without any regard for the adverse psychological effects of this discrimination.

Social violence directed against female children

This violence is illustrated by the phenomenon of the early marriage of girls under the legal age on the basis of short-term civil contracts. This phenomenon is widespread in the rural and least developed areas.

The phenomenon of female circumcision is a cruel and violent procedure practised against girls without their consent and without them being aware of its adverse future consequences.

Measures taken to combat practices that are detrimental to women

(a) Legislation has been prepared to facilitate litigation in matters of personal status with a view to ensuring that divorced women receive their entitlements and that wives are protected from violence on the part of their husbands.

(b) Women's issues have been incorporated in the current Five-Year Plan, which contains a female component.

(c) The Ministry of Education has issued an ordinance prohibiting beating or the infliction of physical harm at the pre-university stage of education.

(d) The Minister of Health and Population has issued an ordinance prohibiting circumcision operations on females in hospitals and private clinics.

(e) The number of classes for the eradication of illiteracy has been increased and young girls are encouraged to enrol therein.

Some projects have been implemented to deal with the effects of violence against women. The Ministry of Social Affairs, in collaboration with UNICEF, is conducting a campaign to stimulate public awareness of acts of violence that are detrimental to women, including circumcision and beating. Rural women are being provided with the skills and know-how needed to encourage them to engage more extensively in cultural and income-generating economic activities and their role in social development is being promoted through the collective mobilization of their endeavours with a view to increasing their income and developing their skills in a manner conducive to self-reliance and improvement of their living conditions.

The Ministry of Insurance and Social Affairs, UNESCO, the United Nations Population Fund and the World Health Organization have signed an agreement under the terms of which they will endeavour, in particular, to eliminate female circumcision and early marriage in view of the detrimental effects of these two customs on the physical and psychological health of female children.

Governmental institutions assigned with the task of protecting and promoting women's rights

In 1977, the Ministry of Social Affairs established a Directorate-General for Women's Affairs in accordance with the recommendations of the World Conference on Women held in Mexico in 1975 in order to achieve the State's aim of working with women and promoting their advancement in keeping with the international tendency to show greater concern for women, put an end to their suffering, ensure their progress and advancement and improve their social, economic, cultural and political status.

The functions assigned to the Higher Council on Motherhood and Childhood also include the protection of women in all aspects of their role as mothers.

24. Please provide information regarding laws and practices relating to property and inheritance for women and children. In this regard, what is the legal status of children born out of wedlock?

Reply

In accordance with the provisions of Egyptian law (art. 29 of the Civil Code), every male and female individual is recognized as a legal person from birth and has independent financial standing. Consequently, every individual, from birth until death, is vested with the capacity to receive entitlements from any source and, in some cases, this right extends to the foetus before birth and even after death for purposes of the settlement of succession-related debts.

With regard to capacity to enter into transactions, Egyptian law sets the age of majority at 21 Gregorian years for both men and women (art. 44 of the Civil Code). In Egypt, the provisions governing capacity are a matter of public policy and, therefore, it is not permissible to agree on anything that might violate, diminish or invalidate a person's capacity, which can be reduced or forfeited only in the legally stipulated manner (art. 48 of the Civil Code).

With regard to property, legal capacity is affected by factors that limit the right to dispose of property in the case of minors below the age of majority, persons whose capacity is diminished by impediments such as insanity, dementia and feeble-mindedness (until cured), missing persons and persons serving a criminal sentence.

The law on guardianship of property regulates the management of a minor's property by a guardian or trustee, as well as the management of property by a curator when the owner's capacity is diminished by the legally specified impediments.

Under the Egyptian legal system, inheritance is a matter of personal status governed by the relevant provisions of religious law. The Inheritance Act No. 77 of 1943, which is in accordance with the provisions of the Islamic Shari'a, applies to Muslims and Act No. 25 of 1944 stipulates that, in accordance with the Islamic Shari'a and the law on succession and legacies, if the de cujus is a non-Muslim his heirs may agree to the succession being governed by his religious law.

In Islamic law, women and children have established inheritance rights and women can inherit and transmit property in the same way as men, the legally specified proportional shares depending on the degree of kinship. If a man and a woman have an equal kinship-based inheritance right, the male is entitled to double the share of the female, as stipulated in the Holy Quran. Egypt gave a detailed explanation of the reasons for this in its reservation concerning the Convention on the Elimination of All Forms of Discrimination against Women.

A child can inherit and transmit property without any age-related discrimination or distinction in regard to his or her share. An unborn child can also inherit on the legally specified conditions since, if the deceased leaves behind a pregnant wife or even a pregnant divorced wife (during the post-divorce waiting period before she is permitted to remarry), her unborn child inherits in accordance with article 42 of the above-mentioned Act.

A child born out of wedlock inherits from his or her mother and maternal kin, who likewise inherit from the child (art. 43 of the above-mentioned Act). With regard to the civil status of children born out of wedlock, the Children's Act No. 12 of 1996 regulates the procedures to be followed in the case of children born out of wedlock in the following circumstances:

(a) In the case of a newborn foundling, article 20 specifies the procedures to be followed for the child's registration and naming, as well as the procedures applicable if the child is acknowledged by his or her father or mother.

(b) If the parents are within the degree of consanguinity which precludes marriage, if the child is born to a married woman and a father who is a non-Muslim or a person other than her husband, or if the father is married and the child's mother is a person other than his legal spouse, it is prohibited to register the child under the name of the mother or the father, as the case may be (art. 22 of the said Act).

25. Please indicate the difficulties encountered in implementing the various legislative measures for the protection of children as described in the report, particularly taking into account the problems relating to child labour, substance abuse, child abuse, prostitution and trafficking in children.

Reply

(a) Difficulties encountered in implementing legislative measures for the protection of children:

(i) Paucity of financial appropriations for child welfare institutions.

(ii) Paucity of trained personnel capable of implementing legislative measures for the protection of children.

(iii) Paucity of the programming skills needed to ensure the psychological and legal security of children.

(iv) Social workers lack the judicial authority needed to take the measures required for the protection of children.

(b) With regard to the difficulties and problems relating to child labour:

Child labour is a widespread phenomenon in the Arab Republic of Egypt due to a number of factors, particularly:

(i) Poverty.

(ii) The school drop-out rate.

Since child labour exposes young children to many problems and prevents them from enjoying their childhood and their rights, the five-year plan which the Ministry of Social Affairs has formulated for the period 1997-2002 includes a number of projects to ensure the welfare of working children and protect them from the potentially adverse effects of their entry into the labour market at an early age. The intention is to implement one project each year.

The State's child welfare plans also include a number of programmes designed to combat the phenomena of school drop-outs and poverty through education, training and development of children's skills in order to provide them with the income-generating expertise needed by the labour market when they reach the age of employment.

As already pointed out in Egypt's report, substance abuse and child prostitution are criminal acts the perpetrators of which are liable to severe penalties, including withdrawal of parental guardianship if the parents are responsible for such acts.

26. Please describe the situation of the elderly and the measures taken to protect them.

Reply

Ageing is unquestionably one of the important phenomena that have recently attracted the attention of the State and the world as a whole.

Egypt was one of the first countries to show concern for the welfare of the aged through the provision of various services, which can be summarized as follows:

(a) Provision of residential homes, free of charge or on a fee-paying basis, for elderly persons who are capable or incapable of taking care of themselves. The total number of such homes, which have been established throughout the Republic, currently amounts to 78.

(b) Establishment of clubs for the elderly. These are equivalent to day-care centres at which elderly persons can spend their leisure time and use their energy in an enjoyable manner. The total number of such clubs, which have been established in most of the country's governorates, amounts to 114.

(c) Establishment of offices to make services more accessible to the elderly.

(d) Establishment of offices for the "elderly person's companion" project, which is being implemented jointly by the Family Support Association and the Red Crescent Society.

The Government is making the following endeavours to improve services for the elderly and transcend their traditional framework:

(a) Preparing persons approaching old age and retirement to adapt successfully, and encouraging their families and society to treat them as equals.

(b) Development of the organizational structure of residential institutions for the elderly.

(c) Organization of training programmes to improve the skills of persons working with the elderly.

(d) Preparation of an updated guide detailing the services and facilities that the State and non-governmental organizations provide for the elderly.

(e) Organization of symposia and conferences in collaboration with government agencies, organizations and the National Centre for Social and Criminal Research.

(f) Coordination and exchange of information with Arab States, through the League of Arab States, and with international organizations and friendly States with a view to updating and developing the programmes concerning various aspects of the welfare of the elderly.

(g) Issue of the "golden card", which entitles its holder to numerous privileges and facilities.

The Ministry's next plan makes provision for the establishment of more homes for elderly persons who are in ill-health or financially incapable of supporting themselves.

Government agencies operating in the fields of health, information and social insurance, etc., as well as the National Centre for Social and Criminal Research and universities, are showing considerable concern for the elderly.

The following measures have been taken in the information sector:

During the present year, concern has been shown for the elderly through the presentation of public awareness and other special programmes for this category of the population.

Programmes have been prepared with a view to establishing closer links between the younger and older generations.

Specialized television channels have participated in the organization of discussion groups, festivals and entertainment programmes to which prominent intellectuals and artists have been invited and at which gifts have been distributed to delighted elderly persons.

The elderly are given special media coverage in which the younger generation are encouraged to treat them with respect.

A postage stamp was issued in 1999 to commemorate the International Year of Older Persons.

The following measures have been taken in the field of health care of the elderly:

Consideration is being given to the possibility of extending the health insurance umbrella to cover all categories of elderly persons.

Rehabilitation services and prostheses are provided.

Home health care is provided through the Red Crescent Society and the Egyptian Nursing Association, which have a team of highly qualified, trained and experienced female nurses capable of providing such services for elderly persons.

Specialized geriatric units have been established at Helwan and Ain Shams Universities where elderly persons are cared for free of charge or for a nominal fee, depending on their social situation.

Rapid first aid is a new service that the Ministry of Health will be providing for the benefit of elderly persons in particular.

Other services provided by governmental institutions

The Nasser Social Bank provides loans and assistance for incapacitated or sick persons or persons wishing to finance the marriage of their children, in addition to the following activities:

(a) Establishment of a larger number of branches at which elderly persons can receive their pensions.

(b) The Mubarak social solidarity project.

(c) Social security assistance for persons covered by the Social Security Act.

The Ministry of Social Affairs, in constant collaboration with academic, university, service and non-governmental bodies and institutions, is endeavouring to help the elderly and proposes programmes designed to enable them to serve their country by using their abilities to further social welfare and development.

Measures have been taken to organize and coordinate the activities of the Ministries and agencies concerned with the welfare of the elderly.

The following ministerial ordinances have been issued to regulate activities in the field of the welfare of the elderly:

Ministerial Ordinance No. 90 of 1997 defining the general specifications and standards of services at residential homes for the elderly.

Ministerial Ordinance No. 218 of 1990 regulating the activities of clubs for the elderly.

Ministerial Ordinance No. 40 of 1997 establishing a Higher Standing Committee to Honour the Elderly.


Article 11: Right to an adequate standard of living

27. Please provide a detailed description of the impact of the population growth on the right to adequate food and housing in Egypt. Please indicate the measures being implemented and the difficulties encountered in the government effort to curb population growth.

Reply

One of the main consequences of the problem of population growth has been its effect on food and housing. The primary aim of government policy is to control the population growth rate so that the requisite plans can be formulated to deal with the effects of the burdens resulting from the increase in the population. The plans to curb the population growth rate have been remarkably successful insofar as the annual growth rate has been stabilized at 2.1 per cent throughout the period from 1996 to 1999 and ongoing plans and programmes are being implemented with a view to achieving a further reduction.

This decline in the population growth rate has helped to ensure progress in the development plans in the fields of food and housing to which reference was made in the report. In fact, these plans have made it possible to achieve a higher degree of self-sufficiency, even as high as 100 per cent, in some food crops, as a result of which Egypt has been able to export its surplus production of a number of foodstuffs.

In the housing sector, the development plans have led to a notable increase in the number of housing units and emphasis has recently been placed on the formulation of intensive plans and programmes for the construction of low-cost housing units for young couples.

The shortage of financial resources, which is the main obstacle impeding implementation of the ambitious programmes in this connection, is being remedied through contributions by businessmen and investors and soft loans provided by international organizations and friendly States. Cooperative associations are also playing an important role in this sector by providing their members with housing units at cost price.

The endeavours that the Government is making in the housing sector are illustrated by the fact that the investments channelled into this sector amounted to LE 92 billion during the last two years 1996-1998, during which the following was achieved:

(a) The number of housing units constructed amounted to 228,000, of which 210,000 were in urban areas and 18,000 in rural areas.

(b) In 1997/98, the governmental sector provided about 59,000 housing units through soft loans to a total value of LE 585 million for persons on a low income and earmarked LE 610 million for such soft loans in 1998/99.

Objectives of the National Housing Plan

(a) Provision of appropriate housing for low- and limited-income categories, who constitute about 85 per cent of the urban population.

(b) Construction for indigent categories through the granting of loans on easy terms (up to LE 15,000 per housing unit at a subsidized rate of interest of 5 per cent per annum) repayable over a period of 40 years, with a three-year period of grace, in monthly instalments not exceeding LE 73, the difference between this interest rate and the prevailing market rates being borne by the State.

The first phases of eight new townships have been completed and a start has been made on the first phases of a further 11 townships and residential areas. A total of 32,299 housing units have been provided in these new townships.

A pilot project to provide young persons with 73,000 housing units of various sizes (63, 70 and 100 m2) for which soft loans amounting to more than LE 1 billion were granted began in 1996 and has now been completed. This project, to the cost of which the State has contributed more than LE 1 billion in subsidies, has made about 18,000 new housing units available to young Egyptians every year since 1997.

A national programme for the development of shanty towns (of which there are about 961) has been launched. Of these, 88 will be rehabilitated and 81, which cannot be renovated, will be demolished. A total of LE 3.8 billion has been allocated for investment in the first phase of this development project.

In March 1998, a start was made on a hitherto unprecedented solidarity project (the "Housing for the future" project for persons with limited income) the aim of which is to provide 70,000 housing units over a period of six years. The State will meet half the cost of these units and will also provide the land, with connections to utilities and all the basic services, the other half of the cost being met through voluntary contributions from charitable citizens. The total cost of this project, which will be implemented in successive phases, is estimated at LE 210 million.

With regard to food, the main objectives of the State's plans are to increase the rates of agricultural development and crop productivity, increase agricultural exports and expand the arable area with a view to the implementation of large-scale projects and extension of the irrigation network to areas targeted for reclamation. These plans have succeeded in increasing not only the arable area but also the productivity per feddan, as a result of which self-sufficiency has been achieved in dairy produce and the degree of self-sufficiency has been increased to 73 per cent in animal, poultry and fishery products, 75 per cent in wheat and 72 per cent in sugar crops.

Egypt has achieved a surplus in some crops, such as citrus fruits, rice, onions and potatoes, thereby creating export opportunities.

Within the food supply framework, the State budget for 1998/99 included LE 4.9 billion for the provision of basic foodstuffs at subsidized prices for sections of the population with a limited income.

28. Please indicate whether a poverty line has been established in Egypt and, if so, please indicate the percentage of the Egyptian population living below that line.

Reply

Although Egypt has not yet established a poverty line, the State has adopted a number of ambitious plans to combat poverty in which the following factors are taken into account:

1. Like most developing countries, Egypt is suffering from a shortage of employment opportunities to absorb the available manpower.

2. The population growth rate offsets the growth rates in national income. In fact, the high birth rate places a heavy burden on public expenditure due to the increasing number of persons for whom the State has an obligation to provide basic services. The method that the State has adopted to combat poverty is based on:

(a) Large-scale economic growth in order to provide adequate opportunities for the poor to earn a living. Sustained economic growth during the period of the Fourth Five-Year Socio-Economic Development Plan (1997-2002) would reduce the proportion of poor persons in urban areas to about 6 per cent in the year 2002 and two thirds of the poor persons in rural areas should be able to meet their basic needs, as a result of which the proportion of poor persons in rural areas should decline to less than 3 per cent.

(b) Improved access by poor persons to education, health care and other social services, since poverty is basically a social problem which can be solved only by improving the status of poor persons as actors in an economic environment that offers incentives for an increase in their potential productivity.

The fight against poverty is one of the main objectives of the various development plans, all of which are designed primarily to improve the standard of living of individuals from the social and economic standpoints. To this end, specific mechanisms, programmes and services are being established with a view to:

(a) Alleviating poverty and protecting vulnerable categories from the side effects that normally accompany economic reform and restructuring.

(b) Eradicating poverty by addressing its causes.

We will be reviewing the mechanisms and programmes that have been established or strengthened for the achievement of these two objectives.

These measures, as a whole, help to combat poverty directly and also constitute an important element in the human development process since they expand the scope of the individual's lifestyle options and have a direct impact on the educational process which enables individuals to lead their lives and exercise their options in a manner that is beneficial to themselves and also to society.

The waqf (charitable endowment) system, which is a practical application of the Islamic principle of social solidarity, constitutes one of the most important systems and programmes for the alleviation of poverty. The assets endowed for these charitable, humanitarian, religious and investment purposes are administered by the Ministry of Awqaf on a sound economic basis so that their income can be used for the achievement of the humanitarian and social aims specified by the donors in their waqf attestations.

In order to combat and alleviate poverty, the State is implementing programmes to improve living standards in accordance with economic plans to develop national resources and ensure their optimum utilization in order to secure a real and sustained increase in national income, development plans designed to ensure an equitable distribution of the per capita share of this increased income through social expenditure on education, health and social welfare, and development plans designed to ensure a periodic increase in the salaries of government employees and insured persons on fixed incomes, as well as an extension of insurance coverage to all categories in order to provide them with a minimum income sufficient to enable them to shoulder the burdens of everyday life and fulfil their duty as family providers.

The achievements made and the obstacles and challenges encountered in the principal fields of economic development and social expenditure are reviewed below:

Economic development

The following results have been achieved through Egypt's economic development plans:

The annual growth rate in GDP during the present year is expected to amount to about 6.8 per cent, as compared with 4.7 per cent in l994/95, i.e. more than double the population growth rate, which implies a steady improvement in the standard of living of citizens.

The growth rate in the per capita share of GDP amounted to 3.8 per cent during the period from 1981/82 to 1991/92 and the per capita share of GNP amounted to LE 4,800, i.e. the equivalent of $1,410, in 1998. At current prices, the gross product rose from LE 204 billion in 1994/95 to LE 229.4 billion in 1995/96, LE 256.3 billion in 1996/97 and LE 278.4 billion in 1997/98 and the per capita share of the national product has risen to LE 4,470, i.e. the equivalent of $1,314.

The number of economically active persons rose from 14,879,000 in 1994/95 to 15,825,000 in 1996/97.

The deficit in the State's public budget has been stablilized at 1 per cent of GDP.

The external debt declined from $33 billion in 1994/95 to $26.9 billion on 30 September 1997.

The rate of inflation declined from 9.3 per cent in 1994/95 to about 6 per cent in 1996/97.

A total of 6.5 million new employment opportunities has been created during the three five-year plans and this figure is expected to rise to 7 million by the beginning of next year.

As a result of these increases in Egypt's growth rates, the unemployment rate declined considerably to 7.9 per cent in 1997/98 and 7.4 per cent in 1998/99.

The economic control institutions based on a market economy, which are a basic requirement for the development of a modern society, have been established and expanded.

By virtue of the smooth shift to a market economy, private sector investments during the present year increased to LE 43 billion, i.e. about 65 per cent of the total investments and the private sector's share in the gross product has risen to about 71 per cent.

Egypt's entry into the era of megaprojects was an indispensable response to the need to boost the national economy and find radical solutions to Egypt's basic problems. In fact, the Nile Valley and the Delta, which constitute only about five per cent of Egypt's territory, had become too small to absorb the constantly increasing population.

The above-mentioned results and economic indicators illustrate the significant extent to which the development plans have improved the Egyptian economy, thereby increasing the average per capita income and paving the way for Egypt to join the ranks of the medium-income countries.

Increasing emphasis is being placed on rural development through a national socio-economic and cultural development programme, known as the "sunrise" programme, which is being implemented in Egypt's rural areas.

Planning objectives

1. An increase in the investment rate to more than 25 per cent of the national product and achievement of an economic growth rate of 7-8 per cent with a view to the creation of more than 500,000 employment opportunities per year.

2. Encouragement and support of small and medium enterprises, which play an effective role in boosting the national economy and creating new employment opportunities. In this respect, they are just as important as large projects and major industrial enterprises.

3. A significant increase in national savings rates (more than the current rate of 18 per cent of the national product).

4. Adoption of sound financial policies designed, at the very least, to maintain the budgetary deficit at its present level (less than one per cent of the national product) while increasing expenditure on social services, particularly for categories with limited income.

5. Expansion of the tax-paying base within the framework of fiscal reform.

6. Reduction of the annual population growth rate to less than 1.5 per cent.

29. Please describe how the standard of living has changed over the past five years for the different socio-economic groups in Egypt. In this connection, please provide information regarding the progress so far of the "phased overall development plans" designed to improve the standard of living (para. 148).

Reply

A. The document entitled "Egypt and the twenty-first century"

Comprehensive development is a national issue of primary importance in Egypt. The aim of the last three five-year plans (1982-1997) was to achieve economic stability, prepare the Egyptian economy to face the future, and meet the requirements of a free market and the new worldwide trend towards trade globalization and the international market. As part of its endeavours to this end, Egypt formulated its national strategy on development issues in a document entitled "Egypt and the twenty-first century", published on 15 March 1996, which set forth the country's development strategy to the year 2017. The main features of this strategy are as follows:

1. Extension of the scope of development to cover all parts of the country and expansion of the populated area from 5.5 per cent to 25 per cent of the country's territory.

2. Achievement of a 6.8 per cent annual growth rate under the fourth five-year plan (1997-2002) and a 7.6 per cent annual rate during the subsequent 10-year plans.

3. Doubling of GDP every 10 years.

4. Increase in the average per capita share of GDP to $4,100 by the year 2017.

5. Restriction of inflation to a maximum of 5 per cent per year through flexible economic policies.

6. Creation of an attractive climate for the foreign investments needed for sustained development in collaboration with national capital.

7. Endeavours to achieve both a budgetary and a trade surplus.

8. Creation of about 550,000 employment opportunities per year in order to absorb the increasing population, eliminate unemployment by the end of the fourth five-year plan in the year 2002 and increase the number of economically active persons to 26.8 million by the end of the year 2017.

9. Encouragement of the national private sector to play a role in all fields, restriction of the governmental role to a number of basic services and strategic projects, showing due regard for the social dimension through the creation of a social security network to protect vulnerable social categories, and support for research institutions.

The document covered all the economic and social aspects that the development plans will take into account in a balanced, equitable and integrated manner. These future development plans will focus on education, health, family planning, human resources and manpower, population and utilities, and social welfare.

Education

With regard to strategies for the development of education and scientific research, the document stipulated that every citizen had a right to education and training, which were the only way to enable citizens to contribute to production and creativity. The objectives of educational programmes were summarized as follows:

1. To link education to production by promoting technical, agricultural, industrial and commercial education and evaluating the talents of gifted students in order to enable them to continue their education at all levels.

2. To formulate educational curricula and training programmes in the light of international trends, the results of research and local technological development.

3. To provide the facilities and incentives needed to promote ongoing education through adoption of the principle of open educational channels.

4. To develop teaching methods and examination systems in such a way as to determine the abilities and capacities of students to learn through self-education.

5. To introduce modern technology into the educational process, promote the widespread use of computers and provide schools with Internet connections.

6. To ensure full enrolment at the primary and preparatory levels during the fourth five-year plan and provision of resources for the construction of 1,500 schools per year.

7. To achieve full-day attendance at all schools and reduce class density to 38 students at the intermediate level by the end of the fourth plan and 30 students by the year 2017 during the seventh plan.

8. To achieve full (100 per cent) capacity at the kindergarten level (age group four-six years) by the year 2017.

9. To increase the enrolment rate to 85 per cent at the secondary level (after its merger with the basic level) by the end of the seventh plan.

10. To modernize the universities and introduce fields of specialization in keeping with international trends.

Health and family planning services

The document stipulates that health policy should be based on the achievement of health for all through:

1. Construction, expansion and development of public, central and specialized hospitals, rural clinics and health centres and the establishment of first-aid posts on motorways.

2. Eradication of epidemic and endemic diseases through the promotion of preventive health measures.

3. Extension of health insurance coverage to all categories and encouragement of charitable and voluntary institutions and the private sector to provide combined health and family planning services.

4. Encouragement of local production of pharmaceuticals, vaccines, serums, family planning requisites and medical and laboratory equipment.

5. Support for laboratories and information centres and updating of databases concerning health services.

6. Promotion of public awareness concerning family planning methods and further reduction of the population growth rate to 1.3 per cent by the year 2017.

Human resources and manpower

The document sets forth Egypt's strategy in regard to absorption of the surplus manpower resulting from population growth and increased participation by women in the labour force with a view to reducing and stabilizing the unemployment rate at about 2 per cent. The main features of this strategy are as follows:

1. Restructuring of the labour force through a national training policy designed to meet domestic and foreign labour market needs and provide the technical personnel required in various professions and fields of specialization.

2. Opening of new Egyptian labour markets and authorization of the establishment of agencies to recruit Egyptian workers for employment abroad.

3. Publication of an Egyptian labour market directory and development of a system to assess levels of skill.

4. Establishment of labour relations offices in the new development areas in order to safeguard all the legally recognized rights of workers.

5. Opening of new development prospects through megaprojects in the north and south of the country and establishment of new communities to absorb manpower.

Housing and utilities

Within the context of development strategies to deal with the problem of housing and the provision of basic utilities, the document stipulates that policies in regard to housing, utilities and new townships should be based on the concept of an organized redistribution of the population from the narrow Nile Valley to other parts of the country in order to achieve a balance between population distribution and exploitation of natural resources, create employment opportunities, increase the national product and improve the standard of living. In this connection, the strategic objectives are as follows:

1. To guarantee every citizen's right to housing appropriate to his needs and his situation.

2. To provide drinking water and sanitation in the towns and villages.

3. To construct 4.2 million housing units by the end of the seventh plan in the year 2017.

4. To establish 44 new townships and residential zones covering an area of 2.5 million feddans.

5. To make land connected to public services available at reasonable prices.

6. To find an appropriate way to provide housing units for disadvantaged sections of the population.

Social welfare

With regard to social welfare, the document "Egypt and the twenty-first century" stipulates that the objective is to ensure the social and psychological stability of Egyptian families by developing the capabilities of women, improving the situation of mothers and children and protecting vulnerable categories, namely children and the aged. The principal projects in this connection are as follows:

1. Establishment of integrated institutions and communities for families and children in rural areas.

2. Establishment of residential institutions for children and the aged in all the governorates.

3. Establishment of day-care and speech and mental training centres for the disabled.

4. Establishment of family guidance and advisory offices to help to solve family problems.

5. Establishment of university centres to prepare students for productive family life, as well as comprehensive vocational training centres and production facilities for the manufacture of prostheses.

6. Development of local communities and elimination of the obstacles impeding their development.

7. Extension of social insurance coverage to all categories deprived thereof.

A study of the document's proposals in the fields covered by this report clearly shows the main objectives that Egypt will be pursuing in the field of social development during the next 20 years.

The fourth plan (1997-2002), and particularly the plan for the first year (1997/98), were formulated in the light of those proposals and promulgated in Acts Nos. 89 and 90 of 1997, the principal features of which are detailed below.

Social development fields covered by the 5-year plan for 1997-2002

Act No. 89 of 1997, promulgated on 28 May 1997, confirmed the general objectives of the fourth five-year plan for 1997-2002 as follows:

1. An increase production and GDP by 39.9 per cent, i.e. an average of 6.9 per cent per year.

2. Adoption of an investment services programme at an estimated cost of LE 400 billion for the period of the plan.

3. Allocation of LE 109.4 billion (27 per cent of the investment services programme) to the social services sector.

4. Distribution of the social services programme as follows:

HousingLE 56.9 billion52 per cent
UtilitiesLE 18.3 billion16.7 per cent
EducationLE 14.8 billion13.5 per cent
HealthLE 8.8 billion8 per cent
Other servicesLE 10.6 billion9.7 per cent


From the above, it is clear that the social services sector has been allocated a large share (more than one quarter) of the total value of the investment services programme, thereby reflecting Egypt's desire to meet the main requirement for the social development process, namely the citizen's right to housing, a clean environment and educational, health and insurance services, during the next 20 years.

Under the terms of Act No. 90 of 1997, concerning the first year of the fourth five-year plan, LE 16,029.7 million (27.6 per cent of the total investment services programme amounting to LE 58,215 million) were allocated to the social services sector and distributed as follows:

Housing 8,134.6 million50.7 per cent
Utilities2,910.5 million18.72 per cent
Education2,004.5 million12.5 per cent
Health1,180.2 million7.4 per cent
Other services1,799.9 million11.2 per cent
Total16,029.7 million100 per cent


Act No. 25 of 1998, concerning the second year of the fourth five-year plan, detailed this distribution as follows:


Financial year 1998/99


Housing8,639.7 million47.10 per cent
Utilities3,457.3 million18.84 per cent
Education2,309.4 million12.60 per cent
Health1,911.7 million10.40 per cent
Other services2,029.5 million11.06 per cent
Total18,347.6 million100 per cent

Act No. 25 of 1999, concerning the third year of the fourth five-year plan, detailed this distribution as follows:


Financial year 1999/2000



Housing9,273 million47.20 per cent
Utilities4,164.7 million21.20 per cent
Education2,643.4 million8.80 per cent
Health1,736.1 million18.84 per cent
Other services1,836.5 million9.40 per cent
Total19,653.7 million100 per cent

These figures clearly reflect the Government's adoption of a course of action based on development plans with well-defined objectives in order to achieve socio-economic development within the framework of a commitment to provide citizens with social services and to develop and extend these services to all categories of the population.

These figures also reflect the emphasis that the annual plans place on the need for a resolute approach to the problem of housing in order to safeguard every citizen's right to appropriate housing, since the achievement of this objective will have a highly beneficial effect on the daily lives of citizens and, consequently, on the development process as a whole. The above review clearly illustrates the manner in which Egypt intends to tackle social development issues over the next 20 years by systematically according them priority at the national level and pursuing a strategy that links the positive results of economic development to the social development of all sections of society in accordance with the concept of sustainable development. This approach highlights the need to assist persons with limited income and categories which are unable to cope with the adverse effects of the comprehensive economic reform programmes. These categories need help in order to enable them to face those changes, participate in the production process and play their role in social development.

B. Modernization of the legislative structure

Egypt's comprehensive development plans and strategies necessitated modernization and reorganization of the legislative structure and its adaptation to the new philosophies and approaches in order to provide ways and means to achieve the strategic objectives within a stable legal framework. To this end, the following measures were required:

- Simplification of the administrative, legal and judicial procedures in order to eliminate the time- and money-wasting obstacles impeding the daily lives of citizens in such a way as to ensure rapid provision of the requisite services and the full and effective administration of justice in the shortest possible time.

- Alleviation of the financial burdens borne by citizens, and particularly by vulnerable and limited-income categories, in respect of legally imposed taxes and fees levied for services.

- An increase in the income of retired persons and limited-income categories.

The principal legislative enactments promulgated from the beginning of 1996 to 1999 are reviewed below:

1. The principal enactments promulgated in 1996

(a) The Children's Act No. 12 of 1996, promulgated on 25 March 1996, contained nine chapters covering various aspects of health care, social and cultural welfare, education and alternative care for mothers and children.

(b) Under the terms of Act No. 71 of 1996, promulgated on 14 April 1996, medical appliances and specially-equipped vehicles and motorcycles imported in the name of sick or disabled persons were exempted from Customs duty and other taxes and dues and this exemption became reapplicable every five years following disposal of the previously exempted appliances and vehicles.

(c) Under the terms of Act No. 85 of 1996, promulgated on 14 April 1996, all civil servants and persons working in the public sector who were subject to special statutes were granted a monthly tax-free allowance, equivalent to 10 per cent of their basic wage, which would be added to their basic wage with effect from the year 2001.

(d) Acts Nos. 86, 87 and 88 of 1996 provided for a 10 per cent increase in monthly pensions and a 25 per cent increase in pensions due under the terms of the Social Security Act and the Comprehensive Social Insurance Scheme (these being pensions payable to some categories not covered by an insurance scheme).

(e) Acts No. 101, 223, 224 and 225 of 1996, promulgated on 14 July 1996, amended the provisions of the Construction and Real Estate Registration Acts with a view to facilitating the procedures and reducing the charges and fees levied under the terms of those Acts in order to promote development activities in the construction sector and encourage the registration of real estate transactions so that property rights could be established.

(f) Acts Nos. 226 and 227 of 1996 reduced the tax on the sale of real estate and abolished estate duty and the tax on the distribution of shares therein.

(g) Act No. 231 of 1996 simplified the procedures for the issue of permits to work abroad, standardized the fees payable in respect thereof on the basis of the type of qualification and facilitated their issue for the full period of the contract instead of only one year.

(h) Under the terms of Act No. 232 of 1996, all amounts paid to persons working in the governmental or private sectors on attainment of the age of retirement or on separation from service, and also the amounts paid to a worker's family in the event of his death, were exempted from all types of taxes and dues.

2. The principal enactments promulgated in 1997

(a) Under the terms of Act No. 82 of 1997, workers in the governmental, public and business sectors were granted a special tax-free allowance, equivalent to 10 per cent of their basic wage, which would be added to their basic wage with effect from the year 2002.

(b) Acts Nos. 83, 84 and 85 of 1997 provided for a 10 per cent increase in pensions and a 25 per cent increase in pensions due under the terms of the Social Security Act and the Comprehensive Social Insurance Scheme (these being pensions payable to some categories not covered by an insurance scheme).

(c) Act No. 162 of 1997 amended the Income Tax Act by increasing the tax exemption to LE 2,500 per year in the case of a married person not supporting a family or an unmarried person supporting a family and to LE 3,000 per year in the case of a married person supporting a family.

(d) Acts Nos. 8, 9 and 159 of 1997 made provision for investment incentives and guarantees and expanded the scope of arbitration in the settlement of disputes and the achievement of conciliation in controversial tax matters with a view to promoting investment in order to create new employment opportunities while, at the same time, ensuring the rapid settlement of disputes.

3. The principal enactments promulgated in 1998

(a) Act No. 20 of 1998 abolished stamp duty on some documents in order to facilitate transactions.

(b) Act No. 90 of 1998 granted a special allowance to civil servants.

(c) Acts Nos. 90, 92 and 93 of 1998 increased civilian, military and social security pensions.

4. Enactments promulgated in 1999

(a) Act No. 19 of 1999 granted a special allowance to civil servants.

(b) Acts Nos. 20, 21 and 22 of 1999 increased civilian, military and social security pensions.

The above examples clearly show that, within the framework of its development plans, the State is committed to alleviating the effects of the economic reforms on certain sections of the population, particularly pensioners and categories with a limited income. This is being achieved through annual and periodic increases in salaries and pensions and expansion of the scope of tax exemptions for family providers. At the same time, the State is pursuing a policy of encouraging free enterprise and other related activities that help to improve the standard of living of Egyptian citizens by generating income through production operations that further the aims of the comprehensive development plans.

30. Please discuss to what extent Act No. 96 of 1992 relating to agriculture has adversely affected the economic, social and cultural rights of tenant farmers in Egypt and describe government efforts to implement legal safeguards for their protection. In this regard, what is the Government doing to protect farmers from being forcibly evicted from their farms without suitable alternative housing.

Reply

Act No. 96 of 1992 was promulgated within the framework of the economic reform programmes that Egypt is pursuing primarily with a view to deregulating leasing arrangements between owners and tenants in order to achieve a natural balance between the amount of the lease and the expected return from the produce of the land, which obviously depends on the nature and productivity of the land.

The legislature took great care to restore this balance after it became clear that the legally fixed lease value was disproportionately small in comparison with the land yield and was therefore manifestly prejudicial to the owners. Moreover, the low lease value had encouraged tenants to abandon the cultivation of small areas and engage in other activities while retaining tenure of the land, as a result of which the productivity of the total area of arable land had been considerably diminished.

The Act showed due regard for the potential social effects of its implementation by granting tenants a transitional period of five years to put their affairs in order following the termination of the previous legally fixed lease arrangement, which would henceforth be governed by the rules of supply and demand.

Article 4 of the Act stipulated that, on the termination of a contract for the lease of agricultural land, the tenant could not be evicted from his dwelling on the land in question, if it were his only dwelling in which he and his family were living, until the State had provided him with another dwelling at an appropriate rent in the same area in which he was living.

Under article 5 of the Act, the tenants of agricultural land whose lease contracts were terminated in accordance with the law were to be given priority in regard to the acquisition of desert land which the State was reclaiming.

From the above, it is evident that the Government is committed to achieving a balance in the owner-tenant relationship and enabling owners to profit fully from their land and obtain a normal and adequate yield therefrom. The positive results of this are reflected not only in the assurance of a normal return on the lease value of the land in accordance with its productivity and location but also in the tenant's endeavours to make full use of the land in a manner beneficial not only to himself but also to society through optimum utilization of the land, increased productivity and improvement of the quality of agricultural crops and products.

The application of the Act has not had any major adverse consequences since tenants wishing to renew their leases have been able to do so after agreeing with the owners on the lease value in accordance with the principles of supply and demand. Agreements between owners and tenants have been reached in 98 per cent of all cases and the small percentage of tenants who have suffered prejudice as a result of the application of the provisions of the Act have been compensated through acquisition of the ownership of land in newly reclaimed areas in accordance with the regulations promulgated to that end.

31. Please describe the activities being undertaken by the Government to implement the plans to increase self-sufficiency in food as discussed in paragraph 153 of the report.

Reply

Detailed reference has already been made to the Government's plans and activities in this regard, which have produced the following results:

With regard to food, the aim of the Government's plans is to boost agricultural development, increase agricultural production and exports, expand the area of agricultural land in order to implement megaprojects, and extend irrigation networks to areas targeted for reclamation. These plans have succeeded in increasing not only the area of agricultural land but also the productivity per feddan.

This has enabled Egypt to achieve self-sufficiency in dairy produce and to increase its degree of self-sufficiency to 73 per cent in animal, poultry and fishery products, 75 per cent in wheat and 72 per cent in sugar crops. A surplus has been achieved in some crops, such as citrus fruit, rice, onions and potatoes, thereby creating export opportunities. The State budget for 1998/99 allocated an amount of LE 4.9 billion for the provision of basic foodstuffs for disadvantaged and limited-income categories at prices below those prevailing in the market.

32. What is the Government doing to improve living conditions in shantytowns referred to in paragraph 160 of the report?

Reply

The report indicated that one of the main problems that Egypt was facing in the housing sector was the shantytowns on the periphery of urban areas which accommodated persons arriving in the cities in quest of work. The Government has recently made great endeavours to cooperate with specialized international agencies and friendly States with a view to improving living conditions in those areas either by providing basic facilities and utilities in places where development is feasible or by providing alternative residential accommodation elsewhere at reasonable prices in order to evacuate the population of shanty towns that cannot be developed and rehouse it elsewhere in appropriate accommodation.

These shantytowns in each governorate have been identified with the help of competent bodies, national associations and research centres and detailed plans have been formulated for the development of those that can be rehabilitated. A considerable degree of success has been achieved in this regard.

At the same time, the Government is endeavouring to provide employment opportunities through vocational training programmes that respond to labour market requirements or through loans on easy terms granted by the Social Fund to young persons with a view to improving the living conditions of the population of those shantytowns.

It should be noted that a start has been made on a national programme for the development of shantytowns. Plans have been made for the development of 88 and the demolition of 81 of the total number of 961 shantytowns and an amount of LE 3.8 billion has been allocated for investment in the first development phase.


Article 12: Right to health

33. What measures is the Government taking to address the specific health needs of women, including reproductive health care?

Reply

1. Measures that the Government is taking through the Ministry of Social Affairs:

(a) Strengthening of the role that national associations concerned with maternal and child health are playing in the provision of pre- and post-natal health care and assistance to enable poor families to obtain free health-care services, including family planning services.

(b) Establishment of more family planning and maternal and childcare centres and provision of wholesome nutrition during pregnancy and lactation.

(c) Organization of health awareness seminars in local communities in order to draw attention to reprehensible customs that affect women, such as excision, repeated pregnancies at close intervals and early marriage, and to make women aware of the serious diseases with which they might be afflicted, such as breast cancer and hormonal disorders, and of the need to avail themselves of the services of the government hospitals, which are provided free of charge, whenever they suffer any symptoms of ill health.

(d) Organization of family awareness seminars to protect young girls from crimes of rape and sexual harassment.

2. Governmental measures and endeavours in this field through the Ministry of Health and Population:

(a) Specific health needs of women:

(i) Establishment of more prenuptial examination centres.

A total of 300 health units and 100 female health centres have been established in order to provide public health and reproductive health services for women through female health workers who make house calls.

More than 100 maternity centres have been established throughout the Republic. These are equipped with the most modern appliances, including ultrasonography, and have a team of obstetricians and ambulances.

The team of physicians and nurses is trained to provide pre-natal and obstetric care for mothers and the units are provided with all the equipment required for the medical examinations and laboratory tests needed to safeguard female health.

An information programme is being implemented to raise the level of awareness concerning reproductive health, pregnancy, safe hygienic delivery and family planning.

(ii) Provision of proper nutritional supplements for pregnant women and nursing mothers.

(iii) Proper equipment of hospital maternity units and training of medical teams.

With regard to governmental measures to eliminate the practice of female genital mutilation, a ministerial ordinance prohibits female excision and physicians are not permitted to perform this reprehensible traditional operation. Excision is governed by the provisions of the Penal Code which prohibits any violation of the integrity of the human body except when necessitated by valid medical reasons.

(b) With regard to the provision of health services:

(i) Expansion of the network of health services in order to provide primary, preventive and therapeutic health care in urban and rural areas throughout the Republic, using the most modern equipment and technology and establishing specialized therapeutic centres (cancerology, cardiology, etc.).

(ii) Training of physicians, nurses and technicians to provide integrated services and apply the quality control system.

(iii) A health sector reform programme is being applied in three governorates (Alexandria, El Manoufiya and Sohag) as a first stage before it is extended to all the other governorates.

34. Provide updated information on the effectiveness of government measures to eradicate the practice of female genital mutilation in Egypt.

Reply

Female excision is an old customary practice which female education has directly helped to eliminate in urban areas and among educated women. This custom is now practised, to a decreasing extent, in remote rural areas. Excision is usually performed in secret by unqualified persons since health centres and official hospitals do not permit it. Accordingly, it is difficult to provide statistics in this connection. The Government has diligently endeavoured to eliminate this phenomenon by promoting education, eradicating illiteracy and instructing the information media and educational institutions to highlight the dangers of excision. In addition, the Penal Code prescribes penalties for anyone who performs such operations, which are deemed to constitute not only the practice of medicine without a licence but also an offence of bodily injury against the person undergoing the operation.

The Minister of Health and Population issued Ordinance No. 261 of 8 July 1996 prohibiting female excision operations at public and private hospitals and clinics except in cases in which it is recommended by a treating physician for health reasons.

Emphasis is being placed on the dissemination of proper health information through the media and through governmental and voluntary endeavours to make families aware of the harm caused by female excision. Ministers of religion are also helping by making it clear that this custom is not based on any religious teachings.

The country-wide network of national associations concerned with women and health care is doing its utmost to make the public more aware of the dangers of this practice. The efforts made to eliminate it have been highly successful in urban areas and among educated women and national associations are currently trying to eliminate it in the remote areas in which it still survives.

35. Please indicate what measures are being taken by the Government to protect the economic, social and cultural rights of persons with disabilities and of persons with mental illness.

Reply

1. Mental illness

Act No. 119 of 1952 regulates guardianship of the property of adults afflicted with any type of insanity, lunacy, imbecility or feeble-mindedness who have been declared legally incompetent. A guardian is appointed by the court to administer the sick person's property, in accordance with article 65 of the Act, under the supervision and control of the court.

If a person is affected by mental illness when in employment, the Labour Code grants him the right to sick leave on full pay until such time as he recovers or his condition stabilizes.

2. Persons with general disabilities

Act No. 39 of 1975 concerning the rehabilitation of the disabled regulates all aspects of their affairs. The Act defines a disabled person as anyone who is incapable of an independent existence and is unable to take up or remain in any kind of employment because of physical, mental or sensory impairment or disability.

The Act stipulates that every disabled person has the right to rehabilitation, namely, the provision of all the social, psychiatric, medical, educational and vocational services necessary for himself and his family in order to enable him to overcome the effects of his disability. The Act further stipulates that the State shall provide such rehabilitation free of charge.

The Act also provides for the establishment of a Higher Council for the Rehabilitation of the Disabled, presided over by the Minister for Social Affairs, and of specialized training institutes to award rehabilitation certificates so that disabled persons can register at employment offices.

Under this Act, 5 per cent of the staff in any enterprise employing 50 or more workers must be disabled persons registered with employment offices and certain positions must be set aside for them in the State administrative apparatus.

Sanctions and financial penalties are provided for under this Act for those who contravene its provisions. All revenue accruing from such penalties is used to fund vocational rehabilitation services for disabled persons.

3. Disabled Children

Act No. 12 of 1996 made the following provisions for disabled children:

Articles 75 to 86 of the Children's Act stipulate that a disabled child has the right to enjoy special social, health and psychiatric care. He must receive rehabilitation prostheses free of charge, and he and his family must be provided with social services, in order to enable him to overcome the effects of his disability. Article 85 of this Act stipulates that a fund endowed with corporate personality shall be established for the care and rehabilitation of disabled children. A draft Presidential Decree has been drawn up concerning this fund and will be promulgated in due course.

The Act stipulates that the Ministries of Social Affairs and Education shall establish institutions and classes for the education of disabled persons in a manner consistent with their aptitudes and abilities. The prostheses and means of transport used by, or intended for the rehabilitation of, disabled children are exempt from duties and taxes and rehabilitation certificates are issued to such children. With due regard for the minimum age for employment, rehabilitation institutions notify the local employment office at the child's place of residence of the names of the children who have been rehabilitated so that they can be offered work appropriate to their age, abilities and place of residence. The employment office submits a monthly report to its local Department of Social Affairs on disabled children who have found employment. Employers with a labour force of 50 or more persons are obliged to ensure that disabled children recommended by employment offices constitute at least 25 per cent of the 5 per cent provided for under Act No. 39 of 1975 concerning the rehabilitation of disabled persons.

The Act stipulates that an employer who refuses to employ a rehabilitated disabled person must pay an amount equivalent to the salary of the position for which the said person had been recommended. This amount is payable for a period not exceeding one year from the date on which the violation is established until such time as the disabled person finds appropriate employment.

Under the terms of the Act, employers are obliged to maintain special registers containing the names of the disabled persons whom they have employed. Such registers must include the details given in the rehabilitation certificates and must be presented to the local employment office inspector. Within the period specified by the Implementing Regulations, that office must be informed of the total number of employees, the number of disabled employees and the salaries they are paid.

The Act stipulates that anyone in contravention of the above shall be liable to a fine ranging from LE 100 to LE 1,000.

4. Endeavours aimed at the rehabilitation and care of disabled persons

The National Council for Mothers and Children, in cooperation with the Ministries of Health and Education and the private and voluntary sectors, has formed a group of experts on the rights of disabled children to carry out a study on the causes and incidence of child disability in three governorates in Lower Egypt, Upper Egypt and the central Delta, and a study of the services provided for, and the needs of, disabled children. In the light of these studies, a plan will be formulated for the achievement of the goals to which Egypt is committed. The Council, in cooperation with the Information Centre and with decision-making support from the Prime Minister and the Ministry of Health, was also responsible for the formulation of a national strategy to deal with the problems of disability in Egypt over the period from 1997 to 2002. The strategy included an analysis of the numbers and current situation of disabled persons in Egypt and the proportion of disabled children. In the light of the current situation, the strategy proposed concepts, goals and approaches and evaluated the prospects for implementation during the forthcoming five-year plan for 1997/98-2001/02.

As a result of the studies overseen by the National Council for Mothers and Children, it was decided to use the term "children with special needs" in preference to "disabled children". Projects were inaugurated by the Ministry of Health, in cooperation with international organizations and friendly countries, using international expertise in the fields of education, rehabilitation and care.

An integrated cultural centre was equipped for use by children with special needs in order to occupy their leisure time and provide appropriate access to cultural services.

University and teaching hospitals treat and rehabilitate disabled persons and provide appropriate educational services. They also encourage prenuptial examination to ensure that both partners are free of hereditary or infectious diseases that could cause child disability. The Ministry of Health organizes national vaccination campaigns against infectious diseases that cause disability, and more than 85 per cent of the target child population has been vaccinated. A further aim is to eradicate polio by the year 2000.

A system for disease control has been developed: daily reports are made on the number of cases of severe infantile paralysis, and all governorates report to the central administration in the Ministry on a weekly basis. Monitoring is carried out, reports are produced every month and refrigeration facilities in all vaccination units throughout the Republic have been developed.

The Ministry of Health and the private sector have adopted a national project for emergency relief and are extending an integrated network of first aid centres along highways and in remote areas in order to treat accident victims and injured persons.

The Egyptian Government, as part of the care it provides for disabled persons and in order to improve their standard of living, has taken the following measures:

It has promulgated Act No. 71 of 1996 exempting specially adapted vehicles imported for the use of sick and disabled persons from Customs duty and other taxes and dues.

It has encouraged and developed the skills of children with special needs in the fields of the arts and sport and has encouraged them to participate in international and sporting competitions. It has also organized many foreign tours and visits for them.

It has increased the numbers of institutions and special educational classes for those with special needs and has availed itself of international expertise in this field in order to satisfy the technical and training requirements for staff involved in this work.

36. Please indicate measures taken by the Government to solve the severe pollution crisis, especially in areas affected by the cement industry. Please identify the obstacles to the full enforcement of the Environmental Act No. 4.

Reply

The Environmental Act No. 4 of 1992 gives details of all the internationally recognized environmental pollutants. It also specifies the requirements for the preservation of the environment and the penalties to be imposed on persons who pollute it. The Government has shown special concern for environmental issues and its ministerial team includes a Minister for the Environment, who is concerned solely with the practical problems and issues relating to the application of the provisions of the Environmental Act. An Environmental Protection Agency, staffed by specialists in this field, has also been established.

The cement-manufacturing areas have formed the subject of in-depth studies aimed at avoiding the environmental damage caused by industrial pollution. The Government has formulated a plan to improve the quality of the air around the cement factories, particularly in the areas of Helwan and Tabbin, and has also formulated a plan to monitor the quality of the air and atmospheric pollution levels in Cairo and other governorates. An environmental information and monitoring programme is being implemented in collaboration with friendly States and the factories that cause atmospheric pollution in those areas are regularizing their situation by installing air purification systems in accordance with the Environmental Act.

One of the main practices impeding implementation of the Environmental Act is the inconsiderate use of the Nile river and the irrigation canals and the improper methods employed to dispose of household, industrial and other waste. The Government is conducting a large-scale information campaign to make citizens more aware of the serious damage caused by these reprehensible practices and is introducing a system for the collection and recycling of waste by modern scientific methods.

National environmental associations are playing an active and effective role in this regard by drawing public attention to the damage caused by environmentally-unfriendly behaviour.


Articles 13 and 14: Right to education

37. Please provide the latest enrolment statistics, disaggregated by gender, on students attending school at various levels.

Reply


Numbers of schools, classes and pupils at the various levels

Level
Schools
Classes
Boys
Girls
Total number of students
Pre-school 3 172 10 376 171 868 156 272
328 140
Primary 15 566 173 520 3 918 891 3 432 227
7 351 118
Preparatory 7 325 95 453 2 215 274 1 937 350
4 152 624
Basic 26 063 279 349 6 306 033 5 525 849
11 831 882
Mixed classes 68 98 1 754 976
2 730
Classes for girls 2 260 2 260. 44 820
44 820
General secondary 1 562 24 514 487 984 480 724
968 708
Technical and industrial secondary 718 24 066 547 186 290 139
837 325
Agricultural secondary 154 5 118 146 498 38 643
185 141
Commercial secondary 895 22 080 316 872 512 994
829 866
Technical secondary 1 767 51 264 1 010 556 841 776
1 852 332
Total secondary 3 329 75 778 1 498 540 1 322 500
2 821 040
GRAND TOTAL 31 720 357 485 7 806 327 6 894 145
14 700 472

38. Please discuss the disparities that exist between boys and girls as far as access to basic and secondary is concerned.

Reply


Female enrolment rates in the year 1998/99

Level
Female enrolment rate
Pre-school
47.62%
Primary
46.69%
Preparatory
46.65%
General secondary
49.63%
Industrial
34.65%
Agricultural
20.87%
Commercial
61.82%
TOTAL
45.95%


39. What are the reasons for the high drop-out rates in schools and what measures are being undertaken to address this problem?

Reply

There has been a constant and considerable decline in school drop-out rates. For example, the rate declined from 3.85 per cent in 1990/91 to 0.98 per cent in 1997/98 at the primary level and from 10.81 per cent in 1990/91 to 3.23 per cent in 1997/98 at the preparatory level. The causes of the phenomenon of school drop-outs can be summarized as follows:

(a) Economic factors force families to seek employment for their children at an early age, particularly in industrial areas.

(b) Some parents or guardians, being themselves illiterate, fail to appreciate the importance of education and focus their endeavours on ways to increase their family income.

(c) Some social customs, such as early marriage, are conducive to female drop-outs in rural areas.

(d) Some families refuse to allow their daughters to be taught by male teachers.

(e) Some families refuse to allow their daughters to attend schools situated at a considerable distance from their homes.

(f) Families with a limited income prefer to educate their sons rather than their daughters.

Measures taken by the Ministry to combat this phenomenon

(a) Establishment of small primary schools and schools with classes restricted to females for girls from 8 to 14 years of age. The Ministry has issued directives raising the maximum age of attendance at preparatory schools to 18 years.

(b) Establishment of a Public Authority for Adult Education and Eradication of Illiteracy, which is helping to provide educational opportunities for persons who dropped out of school.

There was a time when the academic curricula played a role in encouraging drop-outs and aversion to the educational process. However, the Ministry became aware of this fact and one of the main recommendations of the Conference on the Development of Primary Education, which was held in 1993 under the chairmanship of Mrs. Suzanne Mubarak, was to diversify and increase the educational activities provided for in academic curricula by at least 30 per cent in order to encourage children to show greater interest in their studies and education. The following statistical table shows the number and percentage of drop-outs at the preparatory level.


.
Boys
Girls
Total
Academic year
Enrolled
Drop-outs
Percentage
Enrolled
Drop-outs
Percentage
Enrolled
Drop-outs
Percentage
1990/91
1 532 052
17 679
11.5
1 241 437
12 304
9.9
2 773 489
29 983
10.8
1991/92
1 222 886
70 034
5.73
996 097
82 122
8.24
2 218 983
15 215
6.86
1992/93
1 216 689
64 081
5.3
996 253
49 801
5
2 212 942
11 388
5.16
1993/94
1 282 462
53 787
4.19
1 037 632
34 378
3.3
2 320 094
88 165
3.8
1994/95
1 287 447
73 051
5.67
1 075 314
48 388
4.5
2 362 761
12 143
5.14
1995/96
1 326 359
62 783
4.7
1 125 567
36 738
3.26
2 451 926
99 521
4.06
1996/97
1 366 672
50 842
3.72
1 178 497
34 196
2.9
2 545 169
85 038
3.34
1997/98
1 437 985
53 700
3.73
1 248 967
33 105
2.65
2 686 952
86 805
3.23



40. Please provide information on the evolution of teachers' salaries over the past five years relative to the cost of living and relative to the salaries of other professionals with similar qualifications in the public sector.

Reply

The Government has increased the emoluments of teachers in order to keep pace with the cost of living and the salaries of persons with similar qualifications working in other sectors. This has been done by adding the following new allowances to the basic salary fixed in the Civil Service Act:

(a) Payment of a fixed annual bonus, equivalent to 5 per cent of the basic salary, to all employees of the Ministry of Education in respect of 170 days' work.

(b) Payment of a 7 per cent examination allowance additional to the above-mentioned bonus.

(c) Distribution of the receipts from private supplementary classes among the teachers giving such classes and other persons working in the schools and educational administrations in various proportions.

(d) Payment of appropriate allowances to employees of the Ministry in respect of participation in special committees, which most of them attend.

(e) Payment of monthly incentive bonuses amounting to 25 per cent of the basic salary.

In addition to the above, since 1987 teachers have been receiving the annual increments which the State grants to civil servants and to which reference has already been made in the reply to question 15. These increments have so far increased their basic salary by 170 per cent.


Article 15: Right to take part in cultural life

41. Please describe what are the specific programmes aimed at preserving the language and culture of the main ethnic minorities.

Reply

Egypt does not have any main ethnic minorities. There is full homogeneity among all the groups and communities of which the Egyptian population consists since they all speak the same language, Arabic, which is the country's official language and Arab culture predominates in all its geographical regions, both desert and coastal. There are no non-Arabic linguistic or dialectal enclaves with the exception of the oasis of Siwa which, in addition to Arabic, also has a local dialect which has formed the subject of numerous academic studies and surveys. The Nubian dialect is being preserved by the cultural associations which previously resettled the population of Nubia when the Aswan dam project inundated their ancient villages, which were saved together with the temple of Abu Simbel. The colloquial dialects which are spoken in the country's various regions and which form the subject of scientific studies and research programmes are all derived from the Arabic mother tongue.

The Ministry of Culture is making considerable endeavours to preserve the cultural heritage of the Arab Republic of Egypt, including Nubia and the desert and coastal regions, through the following measures:

1. Collection of the popular heritage of these regions. The National Centre for the Popular Arts, which is run by the Arts Academy of the Ministry of Culture, is playing a major role in this field and the Institute for the Popular Arts is conducting academic studies on the popular heritage particularly in Nubia and the desert and coastal regions.

2. The Higher Council for Culture has established committees and organized cultural symposia on the cultural heritage and artistic originality of those regions. During its last cultural season, the Council's Committee on Narrative Literature organized a seminar on the originality of Nubian writers. Through its Geographic Committee, the Council is continuing to publish numerous specialized studies on the cultural heritage of Egypt's various regions, including Nubia and the oasis of Siwa.

3. The State-run theatres, including the Opera House, present artistic, vocal, instrumental and theatrical performances by Nubian troupes or inspired by the literary works of Nubian authors or artists. Every cultural season at the Opera House includes a number of vocal and instrumental performances by Nubian troupes and singers.

4. The Association of Cultural Centres organizes an annual congress attended by writers and artists from all parts of Egypt, including the coastal and desert governorates and the governorate of Aswan.

In addition to the above, the Egyptian Broadcasting Authority at the Ministry of Information presents numerous radio and television programmes devoted to the cultural heritage and particularities of Egypt's various regions. These are broadcast on the central television and radio channels or on the regional channels covering the southern part of Upper Egypt, the Sinai peninsular, the Canal zone and the northern coastal regions. Private organizations and State-supported scientific associations are also helping to collect, study and preserve the cultural heritage.

5. The Ministry of Culture's special programmes designed to preserve the culture of population groups in Egypt's various regions (Nubia and the desert and coastal regions).

A. Programmes that have already been implemented:

1. In 1986, the Department of Popular Arts and Culture dispatched a scientific mission consisting of six researchers to the southern and northern parts of Sinai to collect popular heritage data on costumes, popular handicrafts, music, songs, dances, proverbs and nomadic dwellings. The results of these field studies were presented at the First Conference on Egyptian Nomadic Culture and Arts, which was held at El-Arish in December 1986.

2. In 1988, the Department also dispatched the same six researchers to the governorate of Matrouh and the oasis of Siwa to collect the same type of data. The results of these studies were presented at the Second Conference on Egyptian Nomadic Culture and Arts, which was held at Mersa Matrouh in December 1998.

3. In 1989, the same Department dispatched another mission to the towns of Port Said, Ismailiya and Suez to collect the same type of field data on the culture and arts of those towns situated along the Canal.

4. Between 1985 and 1988, the Department established three popular art museums at Mut in the Dakhla oasis (New Valley), at Mersa Matrouh and at El-Arish.

B. Programmes forming part of the Egyptian Folklore Atlas project:

This important national project is being implemented by the Association of Cultural Centres which, from 1995 to 1997, dispatched three scientific missions to collect popular heritage data from the Halaib triangle (Halaib, El-Tlatin and Abu Ramad).

In mid-1998, within the context of a plan for the systematic and organized collection of folklore data which necessitated the preparation of folklore maps, 211 cartographic zones were identified as being representative of the cultural particularities of all parts of the Republic. In this connection, we will refer only to those situated in the areas already referred to in this reply:

1. Aswan

(The zones of Toshki, Klabsha, southern Edfu, El-Bsailiya, Aswan and Kom Ombo).

2. The desert regions

(a) The New Valley (zones of Kharga, Bulaq, Baris, Mut, Balat, El-Rashida, El-Qasr, El-Qalamoun, Farafira, Ganah and El-Munira).

(b) Matrouh (zones of Mersa Matrouh, El-Daba, Siwa oasis and Salum).

(c) Northern Sinai (zones of El-Arish, Nakhl, El-Hasana, Bir el-Abd, Sheikh Ruwaid, Abu Tawila, El-Gora and Mitla).

(d) Southern Sinai (zones of Ras Sidr, Tor, Katherine, Nuwaibi', Abu Zenima, Abu Rudais and Dahab).

3. Coastal regions

(a) Alexandria (zones of Kom el-Dakka, Bahri, El-Hammam, Bakus and Burg el-Arab).

(b) Damietta (zones of Shu'ara, Zarqa, Sirw, Sheikh Dhirgham, Kafr el-Battikh and Kom Zarouq).

(c) Port Said (zones of Manakh, El-Qabuti and Port Fuad).

(d) Ismailiya (zones of El-Qantara, El-Qassasin, Abu Sultan and the town of Ismailiya).

(e) Suez (zones of Arba'in, El-Genayin and El-Gharib).

(f) Red Sea (zones of the Halaib triangle, El-Hamrawin, Ras Gharib and Ghardaqa).

From August 1998 to date, 92 researchers have collected field data from the 211 zones on the following subjects:

(a) All stages of the production of home-made bread.

(b) Folkloric aspects of the celebration of the month of Ramadhan.

(c) Folkloric aspects of the celebration of shamm an-nasim (the spring festival).

(d) Meals and mealtimes.

(e) Four subjects of popular proverbs.

(f) Popular medicine applied to children.

(g) Popular belief in the special characteristics of the various months.

(h) Popular musical instruments (wind, string and percussion).

The first volume of the Egyptian Folklore Atlas, entitled "Bread in the Egyptian popular tradition" and which contains 322 folklore maps and is divided into sections (procedures and analysis of ingredients), is currently being prepared for publication.

Plans have been made to collect field data for the Egyptian Folklore Atlas in the following fields during the next two years:

(a) The manufacture of pottery.

(b) Popular costumes.

(c) Popular architecture.

(d) Popular games.

(e) Genii and demons in popular belief.

(f) Interpretation of dreams.

(g) Customs on the occasion of births.

(h) Marriage customs.

(i) The art of palm-leaf plaiting.

(j) Saints.

(k) The significance of numbers in popular lore and beliefs.

(l) Customs on the occasion of death.

(m) Customs, traditions and beliefs concerning the celebration of the seventh day after a birth.

(n) The evil eye in popular belief.

(o) Popular dance movements.

Last year, the team of researchers working on the Egyptian Folklore Atlas at Aswan published the following five books financed by the Social Fund:

(a) Shamm an-nasim at Aswan

(b) Saints at Aswan

(c) Popular handicrafts at Aswan

(d) The originality of popular medicine at Aswan

(e) Folk tales from Aswan

Workshop on the preservation of folklore

Within the context of the preparation of the Egyptian Folklore Atlas, a workshop on the preservation of Egyptian folklore was held on 3 and 4 October 1999. The workshop discussed 14 working papers as well as a bill of law proposed by UNESCO containing model provisions for national legislation to protect forms of folkloric expression from illegal exploitation and other detrimental acts (photocopy attached hereto). The Higher Committee on the Egyptian Folklore Atlas is currently discussing and reformulating the articles of this proposed bill of law in order to make it more consistent with the nature of Egyptian Arab culture.

Problems

Problems are being encountered in regard to the financing of the electronic storage of the field data on folklore. In fact, the cartographic sheets are currently being prepared manually while a computerized system would enable us to produce the maps in accordance with the geographical information system.

Moreover, much of the technical equipment and modern electronic means of communication needed for the rapid completion of the filing and documentation processes is lacking.

42. What is the legal basis for the practice of censorship?

Reply

Freedom of opinion and of scientific research, literary, artistic and cultural creativity, printing and publication is guaranteed, within the limits of the law, by the Constitution. Act No. 340 of 1955, which regulates the censorship of cinematographic films, slides, songs, theatrical productions, monologues, records and tape recordings, stipulates that these works are subject to censorship in order to protect public order, morals and the higher interests of the State. The Act further stipulates that licences must be obtained for audiovisual works and specifies the procedures through which appeals can be lodged against decisions taken by the Board of Censors.

Article 8 of the Implementing Regulations for the Act, which were promulgated by the Prime Minister in Decree No. 162 of 1993, defines the aspects to be taken into consideration during the examination of applications for licences. It stipulates that the work must not contain anything prejudicial to the religious, spiritual or ethical values of society or to public morals or public order.

It also stipulates that a licence must not be issued if the work advocates atheistic doctrines, slanders divinely-revealed religions, portrays acts of depravity or drug addiction in such a way as to encourage their imitation, or if it contains erotic, indecent or obscene scenes, expressions or allusions or presents crime in such a way as to incite sympathy, encourage imitation or portray criminals as heroes.

From the above, it is evident that the primary purpose of censorship is to protect the fundamental values of Egyptian society and safeguard public morals and public order.




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Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland