Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

Concluding observations on the combined second to fourth periodic reports of Egypt *

1.The Committee considered the combined second to fourth periodic reports of Egypt at its 574th and 575th meetings, held on 3 and 4 December 2024. At its 590th meeting, held on 13 December 2024, it adopted the present concluding observations.

A.Introduction

2.The Committee welcomes the submission of the combined second to fourth periodic reports of the State party and the written replies to the list of issues, as well as the additional information provided by the high-level and multisectoral delegation, which was headed by the Assistant Foreign Minister for Human Rights and International Social and Humanitarian Affairs and Chairman of the Technical Committee of the Supreme Standing Committee for Human Rights and was comprised of representatives of the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons, the Supreme Standing Committee for Human Rights, the Office of the Public Prosecutor, the Ministry of Foreign Affairs, Emigration and Egyptian Expatriates, the Ministry of Justice, the Ministry of Labour, and the Permanent Mission of Egypt to the United Nations Office at Geneva and other international organizations in Geneva.

3.The Committee appreciates the open and constructive dialogue held with the delegation, the information provided by the State party’s representatives and the constructive approach to the meetings, which allowed for a comprehensive analysis and the adoption of the present concluding observations. Noting the delay in the submission of the combined second to fourth periodic reports, the Committee welcomes the State party’s commitment to submit its next periodic report in time.

4.The Committee is aware that Egypt is a country of origin, transit and destination for migrant workers, with nearly 9 per cent of its national population comprised of migrants, while it also continues to be one of the largest remittance recipient countries. While acknowledging the political will and measures taken by the State party, the Committee notes that the State party continues to face challenges in ensuring the protection of the rights of migrant workers and members of their families.

B.Positive aspects

5.The Committee welcomes the ratification of the following international instruments:

(a)International Labour Organization (ILO) Maritime Labour Convention, 2006 on 7 June 2024;

(b)Arab Charter on Human Rights, on 24 February 2019;

(c)Paris Agreement on climate change, on 29 June 2017;

(d)Convention on the Rights of Persons with Disabilities, on 14 April 2008.

6.The Committee welcomes the adoption of the following legislative measures:

(a)Law No. 82 of 2016 on Combating Illegal Migration and Smuggling of Migrants and related decrees;

(b)Law No. 64 of 2010 on Combating Human Trafficking and related decrees.

7.The Committee also welcomes the following institutional and policy measures:

(a)Adoption of the Fourth National Action Plan for Combating and Preventing Illegal Migration 2024–2026, the Third National Strategy on Combating and Preventing Trafficking in Persons 2022–2026, the National Action Plan for Combating the Worst Forms of Child Labour and Supporting Family 2018–2025 and the National Strategy for Combating and Preventing Illegal Migration 2016–2026;

(b)Adoption of the Standard Operating Procedures for the Protection and Assistance of Child Asylum-Seekers, Refugees and Victims of Migrant Smuggling and Trafficking in Persons in 2021;

(c)Establishment of the Pre-departure Orientation Unit under the Ministry of Labour in 2023, the Joint Platform for Migrants and Refugees in Egypt in 2021 (between the Government of Egypt and the United Nations in Egypt) and the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons in 2017.

8.The Committee also welcomes the issuance of the following relevant judicial rulings:

(a)Ruling by the Administrative Court in case No. 25883, on 22 August 2021;

(b)Ruling by the Administrative Court in appeal No. 10891, on 29 September 2012;

(c)Ruling by the Supreme Administrative Court in appeal No. 428, on 21 April 2007.

9.The Committee views as positive that the State party voted in favour of the Global Compact for Safe, Orderly and Regular Migration, adopted by the General Assembly in its resolution 73/195. It also notes as positive the State party’s decision on 5 May 2021 to serve as a Global Compact Champion country. The Committee recommends that the State party continue to make efforts to implement the Global Compact within the framework of its international obligations contained in the Convention and other international human rights instruments.

C.Principal subjects of concern and recommendations

1.General measures of implementation (arts. 73 and 84)

Current context

10.The Committee recognizes that the State party has experienced a significant inflow of migrants and refugees over the reporting period, particularly from protracted and recurring conflict zones such as those in Libya, South Sudan, the Sudan, the Syrian Arab Republic, Yemen and Palestine. While acknowledging the positive efforts made by the State party to provide protection and support, the Committee is concerned about the difficult entry processes and the exacerbation of challenges faced by migrants arising from renewed conflicts in the region since 2023, including in the Sudan and Palestine.

11. The Committee recommends that the State party take all measures necessary to develop and implement a framework ensuring the continued protection of the rights of migrant workers and members of their families, including asylum-seekers and refugees, in times of crisis such as armed conflicts, natural disasters, pandemics and other emergencies. The framework should focus in particular on groups in the most vulnerable situations, including children, women and migrants in an irregular situation, and mitigate the adverse effects of such events on their rights. In addition, the measures taken should facilitate compliance with the requirements to access and enter the State party’s territory, reinforced through international assistance programmes and procedures that ensure the effective enjoyment of the right to seek asylum in the context of migration.

Legislation and application

12.The Committee notes with concern that there are fragmented laws, decrees, decisions and regulations governing migrant workers and members of their families, causing confusion about the rules currently in force, and that there continue to be delays in the adoption of relevant draft laws. It is also concerned about the new asylum law approved by Parliament, which reportedly lacks sufficient provisions for protecting asylum-seekers and refugees, expands criminalization, contains arbitrary provisions on the decision-making process and the discretionary authority of the new commission to grant and revoke status and poses difficulties for challenging these decisions, among others. In addition, it is concerned that certain laws, policy measures and institutions use the phrase “combating illegal migration”, which has the unintended effect of painting irregular migration as a dangerous crime to be combated and leads to stigmatization.

13.The Committee recommends that the State party:

(a) Strengthen efforts to ensure that its legislation is in full conformity with the Convention, including in relation to entry, residence, work authorization and regularization; correct the language used in laws, policy measures and institutions in order to distinguish between and not conflate irregular migration and criminal activities; and ensure clarity in the legal and regulatory framework applicable to migrant workers and members of their families so that it is accurately understood and implemented by the relevant authorities, employers, healthcare providers, schools and other stakeholders;

(b) Review, adopt and implement without further delay the new labour law and the draft law regulating domestic work, and ensure that they include provisions protecting the rights of migrant workers and members of their families, including in informal employment;

(c) Ensure that the new asylum law and related regulations provide protection for asylum-seekers and refugees in accordance with applicable international human rights, refugee and humanitarian law, including the principle of non- refoulement;

(d) Continue to develop and implement education and training programmes on the relevant legal and regulatory framework, including for law enforcement and border authorities, judges, prosecutors, consular officials, labour inspectors, social workers, service providers, local authorities and other officials, and disseminate information in a manner that is accessible and comprehensible to migrant workers and members of their families.

Declarations and reservations, including articles 76 and 77

14.The Committee remains concerned that the State party has made reservations under articles 4 and 18 (6) of the Convention that may hinder the full enjoyment of the rights of migrant workers and members of their families under the Convention. The Committee also notes that the State party has not yet made the declarations provided for under articles 76 and 77 of the Convention recognizing the competence of the Committee to receive and consider communications from States parties and individuals.

15. Reiterating its previous recommendation, the Committee encourages the State party to take the steps necessary to withdraw the reservations made with respect to articles 4 and 18 (6) of the Convention. The Committee also recalls its previous recommendation and encourages the State party to make the declarations provided for under articles 76 and 77 of the Convention.

Ratification of relevant instruments

16.The Committee notes with satisfaction that the State party has ratified the main human rights treaties and fundamental ILO conventions. However, it remains concerned that the State party has yet to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, and the following ILO instruments: the Migration for Employment Convention (Revised), 1949 (No. 97); the Social Security (Minimum Standards) Convention, 1952 (No. 102); the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); the Occupational Safety and Health Convention, 1981 (No. 155); the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173); the Home Work Convention, 1996 (No. 177); the Private Employment Agencies Convention, 1997 (No. 181); the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187); the Domestic Workers Convention, 2011 (No. 189); the Violence and Harassment Convention, 2019 (No. 190); the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Protocol of 1995 to the Labour Inspection Convention, 1947 (No. 81); and the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29).

17. The Committee recommends that the State party ratify or accede to the above-mentioned instruments as soon as possible.

Comprehensive policy and strategy

18.The Committee notes that the State party has national policies, strategies and action plans related to irregular migration and trafficking in persons. However, it notes with concern that there is an absence of a comprehensive policy on migration, including labour migration, and that existing policies and strategies such as the National Human Rights Strategy 2021–2026 and Egypt Vision 2030 do not address migrant workers and members of their families.

19. The Committee recommends that the State party expedite efforts to adopt a national migration policy and strategy in line with the Convention, which is comprehensive, gender-responsive, child- sensitive and human rights-based and that covers the rights of migrant workers and members of their families. It also recommends that the State party take effective measures, with clear time frames, indicators and monitoring and evaluation benchmarks, to implement the strategy through inter-institutional coordination and to provide sufficient financial, human and technical resources for its implementation.

Data collection

20.The Committee notes with concern that the data on migrant workers, which are collected, analysed and managed jointly by the Ministry of Labour and the Central Agency for Public Mobilization and Statistics, are insufficient and do not capture those who do not hold a work permit and a residency permit. It is also concerned that sensitive data collected by institutions and service providers could be transmitted to law and immigration enforcement authorities.

21. The Committee recommends that the State party:

(a) Strengthen its efforts to ensure that the migration-related database comprehensively covers all aspects of the Convention and that it enables the collection, analysis and publication of detailed data on the situation of migrant workers and members of their families in the State party and abroad, including those in informal employment and in an irregular situation, disaggregated by sex, age, nationality, reason for entry and departure, field of occupation or type of work performed, ethnic origin, migration status, geographical distribution and disability;

(b) Conduct regular studies to identify the situation of and challenges faced by migrant workers and members of their families, with a view to informing policies and programmes applicable to them;

(c) Establish safeguards and firewalls to ensure that data on migration status and other sensitive data are not shared with law and immigration enforcement authorities, including data collected by healthcare providers, social protection services and other institutions that collect and manage relevant data.

Independent monitoring

22.The Committee is concerned that the Global Alliance of National Human Rights Institutions recommended in 2024 that the State party’s National Council for Human Rights be downgraded to B status owing to concerns that the institution’s independence and effectiveness have not been sufficiently maintained in line with the requirements of the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).

23. The Committee recommends that the State party take concrete measures to address the recommendations of the Global Alliance to ensure that the Council can effectively and independently discharge its mandate in full compliance with the Paris Principles, including promoting and protecting the rights of migrant workers and members of their families under the Convention. It also encourages the State party to ensure that the Council is equipped with sufficient financial, human and technical resources.

Participation of civil society

24.The Committee is concerned about the shrinking civic space, in particular on issues related to migration and refugees, which impedes multisectoral coordination and collaboration, as well as about reports of intimidation, harassment, criminal investigation and arbitrary detention of civil society organizations and human rights defenders working in the field of labour migration.

25. The Committee recommends that the State party ensure the effective and independent participation of civil society in the promotion and implementation of the Convention and the recommendations contained in the present concluding observations, as well as in the monitoring of progress made. It also recommends that the State party take action to enable human rights defenders and civil society organizations to freely conduct their activities.

2.General principles (arts. 7 and 83)

Non-discrimination

26.The Committee is concerned about reports of discrimination faced by migrant workers and members of their families in exercising their rights and accessing benefits and services, based, in particular, on their nationality and migration or asylum status. It is also concerned about the increasingly antagonistic environment fuelled by xenophobic and racist narratives that incite hatred and violence, blame and scapegoat migrants for social and economic problems, call for their restriction of movement and expulsion and result in discrimination and arbitrary restrictions of rights, especially against migrants from particular countries such as the Sudan. Furthermore, it remains concerned about the discrimination faced by migrant workers living with HIV/AIDS, owing to the mandatory testing required in order for them to obtain a residency or work permit and demanded of them each time they enter the country.

27. The Committee recommends that the State party:

(a) Strengthen the legislative framework to specifically and comprehensively address racial and all other intersecting forms of discrimination against migrant workers and members of their families, including sanctions and measures that enable accountability, and review the legislation and its implementation in order to ensure that legal conditions are fair and dignified for all migrants and to repeal all discriminatory provisions and practices to which migrant workers and members of their families are subject, especially on the basis of their nationality, gender, place of residence and HIV/AIDS status;

(b) Expedite the establishment of an anti-discrimination commission as mandated under article 53 of the Constitution and ensure that the commission is equipped with sufficient financial, human and technical capacity to effectively carry out its functions in an independent manner;

(c) Raise awareness among migration officials, local authorities and the general public, in collaboration with the media and other stakeholders, regarding the importance of combating discrimination, xenophobia and social stigmatization against migrant workers and members of their families and on the rights and presence of migrants in the State party’s territory in order to prevent any manifestation or use of discriminatory rhetoric against them, and ensure that government officials refrain from using such language.

Right to an effective remedy

28.The Committee notes the judicial decisions and subsequent legislative measures taken to promote access to justice and effective remedies for migrant workers and members of their families. It is concerned, however, about challenges that hinder this access, including resource constraints and limited assistance, language barriers, fear of deportation, inaccessibility for migrants in an irregular situation and the lack of awareness by migrant workers and members of their families of pathways for accessing justice and on the remedies available to them.

29. The Committee recommends that the State party take measures, in law and in practice, to facilitate access to justice and remedies for all migrant workers and members of their families, including by removing all obstacles preventing them from filing complaints for abuses and violations, by improving and appropriately resourcing complaints mechanisms and legal assistance to effectively and accessibly respond to the needs of all migrants, including those in an irregular situation, and by launching information campaigns on the administrative and judicial processes available for filing complaints and obtaining remedies in the event of a violation of rights under the Convention.

3.Human rights of all migrant workers and members of their families (arts. 8–35)

Protection from violence, physical injury, threats and intimidation

30.The Committee notes the amendments made to the legislative framework to strengthen accountability in response to acts of violence that have been perpetrated against migrants. It notes with concern, however, the rise in hate crimes and hate speech perpetrated against migrant workers and members of their families, as well as the reports of physical violence perpetrated by law enforcement officials and of their frequent failure to effectively respond to allegations filed by migrant women, asylum-seekers and refugees who have been the victims of sexual violence, including assault and harassment.

31.The Committee recommends that the State party:

(a) Reinforce its framework to combat physical, sexual and all other forms of violence in Egypt, ensuring that it is effective and that the rights and dignity of victims and survivors are fully respected and protected, and implement systematic training programmes for law enforcement and judicial personnel on the management of the cases of violence, emphasizing the importance of a gender-responsive approach;

(b) Strengthen its efforts to prevent and respond to all forms of violence against migrants, especially those in vulnerable situations, including women and children, and provide sufficient protection and services to the victims and survivors, including medical and psychosocial services, in a non-discriminatory manner regardless of their migration status or nationality;

(c) Ensure that allegations of violence are promptly, seriously and thoroughly investigated and that perpetrators are prosecuted and held accountable in a manner commensurate with the gravity of the offence committed, in compliance with the Convention.

Border management and migrants in transit

32.The Committee is concerned that:

(a)There are reports of individuals seeking international protection being detained and returned at the border without access to asylum procedures, at times with the use of disproportionate force, including many Palestinians fleeing the renewed conflict, particularly from Gaza, who are either denied entry or remain in a state of legal limbo;

(b)Barriers to entry, including visa fees, the complexity of procedures, long waiting times and the significant cost of private intermediaries such as for-profit companies, often result in irregular migration and the selection of dangerous migration routes, including from the Sudan and Palestine, as underlined by incidents such as the deaths of migrants crossing into Egypt through the desert during extreme heat waves;

(c)In 2023, the State party instituted a visa requirement policy for Sudanese nationals to enter the country, which included the lifting of the visa exemption for children, women and older persons.

33. Recalling the recommendations of the Committee against Torture and the Human Rights Committee, and in line with the Office of the United Nations High Commissioner for Human Rights (OHCHR) Recommended Principles and Guidelines on Human Rights at International Borders, the Committee recommends that the State party:

(a) Adopt a human rights-based approach to border management and take effective measures to prevent and address discrimination and violence against migrants in transit, including conducting proper investigations and treating seriously any allegations of violence and abuse;

(b) Take measures to enable all individuals seeking or in need of international protection, in particular those apprehended at the borders, to have rapid, unimpeded and safe access to the Office of the United Nations High Commissioner for Refugees (UNHCR) and an individualized case assessment, irrespective of their country of origin;

(c) Take measures to facilitate the support necessary for Palestinians seeking international and humanitarian protection, especially from Gaza, and for Sudanese fleeing from conflict zones;

(d) Review the regulations in place regarding entry requirements and procedures, with a view to reducing barriers and facilitating the entry of migrant workers and members of their families in a non-discriminatory manner, including by assessing the impact of the 2023 visa scheme on Sudanese nationals.

Labour exploitation and other forms of ill-treatment

34.The Committee notes the efforts made by the State party to combat child labour, including the revision by the Ministry of Labour of the list of hazardous work prohibited for children, the adoption and implementation of the National Plan to Combat the Worst Forms of Child Labour 2018–2025 and the labour inspections conducted in that regard. It is concerned, however, that:

(a)Children, including unaccompanied and separated migrant children, reportedly continue to be subjected to the worst forms of child labour, which has an impact on their rights, health and access to education;

(b)There is a significant shortage of labour inspectors, while migrant workers are reportedly subject to forced labour, especially in unregulated informal employment such as domestic work, and reportedly face harsh working conditions and hours, violence, coercion, ill-treatment and restriction of movement owing to the confiscation of their identification documents.

35. In accordance with targets 8.7 and 16.2 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Strengthen efforts to enforce laws and regulations to combat child labour, labour exploitation and ill-treatment and to provide protection and adequate assistance, including psychosocial rehabilitation, to migrant workers, in particular children and women, who have been victims of forced labour and exploitation;

(b) Reinforce the labour inspector workforce throughout the territory of the State party, increase unsolicited and unannounced visits at the workplace, in particular in the sectors with the highest levels of informal employment, such as agriculture, construction, handicrafts and domestic work and prosecute and hold accountable persons or groups exploiting migrant workers, in particular children, or subjecting them to forced labour and abusive practices, including recruitment and employment agencies.

Due process, detention and equality before the courts

36.The Committee is concerned that:

(a)There are reports of a rise in raids of communities with a high concentration of migrants and an overall increase in arbitrary arrests and detention, even when the individuals possess residency permits or are registered with UNHCR;

(b)Children and families reportedly continue to be subjected to detention for migration-related issues;

(c)There remain a lack of clarity as well as discrepancies in information regarding the facilities where individuals are and can be deprived of their liberty based on their migration or asylum status, including ad hoc facilities; there are gaps in information about the grounds for detention and the procedures and due process guarantees afforded in relation to detention; and these places of detention are reportedly in substandard conditions, staffed by authorities who commit violence and abuse and inaccessible to independent organizations for monitoring and delivery of services.

37. Recalling the recommendations of the Committee on the Rights of the Child, the Committee against Torture and the Human Rights Committee, and in accordance with the Committee’s general comment No. 5 (2021) on migrants’ rights to liberty and freedom from arbitrary detention and joint general comments No. 3 and No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration, the Committee recommends that the State party:

(a) Prevent arbitrary arrests of migrant workers and members of their families, including asylum-seekers and refugees, and ensure due process guarantees, including the right to an interpreter and legal assistance, on an equal basis with nationals of the State party, before the courts and tribunals in administrative and judicial proceedings;

(b) Adopt measures to immediately cease, in law and in practice, the migration-related detention of children, families, asylum-seekers and all migrant workers in vulnerable situations, irrespective of their migratory status or that of their parents in the case of children, including with reference to the State party’s Standard Operating Procedures for the Protection and Assistance of Child Asylum-Seekers, Refugees and Victims of Migrant Smuggling and Trafficking in Persons, and provide, in its next periodic report, detailed information about measures taken to that end, along with their outcomes;

(c) Guarantee, in law and in practice, alternative measures to administrative detention for migrant workers and members of their families, including asylum-seekers and refugees, and ensure that measures are taken to prevent arbitrary and unlawful detention and that detention is used only as an exceptional measure of last resort and for the shortest possible time;

(d) In exceptional cases where migration-related detention is applied, ensure that the facilities are designated for that purpose; guarantee adequate and decent conditions, such as gender-responsive healthcare services, inclusive of sexual and reproductive healthcare services and psychological care, water, sanitation and hygiene, food, sufficient space and ventilation, leisure and recreational activities and access to outdoor areas; and grant access to independent organizations to conduct monitoring and deliver necessary services;

(e) Provide, in its next periodic report, detailed information about the detention of migrant workers and members of their families in any type of facility where deprivation of liberty may take place, including disaggregated statistics, the reasons for and duration of the detention, the conditions of detention and any investigations conducted on allegations received regarding the violation of rights under the Convention.

Expulsion

38.The Committee is concerned about reports of collective expulsions of migrant workers and members of their families, including asylum-seekers and refugees, from countries such as the Sudan and Eritrea, who were at risk of persecution or harm in the countries they were deported to, as well as those who held valid residency permits in the State party. In particular, it notes with concern the reported surge of arrests and expulsions in 2024, especially to the Sudan, following the issuance in 2023 of the new residency regulations for foreigners in the State party. It also notes with concern the lack of transparency in the decision-making process for expulsion and appeals.

39. Recalling the recommendations of the Committee on the Rights of the Child, the Committee against Torture and the Human Rights Committee, the Committee recommends that the State party:

(a) Uphold the principle of non-refoulement and the prohibition of collective and arbitrary expulsion at all times, properly investigate all allegations of collective expulsion, guarantee due process and procedural safeguards for migrant workers and members of their families, including asylum-seekers and refugees, who are subject to expulsion and appeals proceedings, and ensure that migrant workers and members of their families have access to support services and free legal representation;

(b) Implement proper age-determination procedures, gender-responsive and age-appropriate examinations and procedural accommodations throughout the process in the best interests of the child, led by child protection authorities who are disconnected from migration control policy goals;

(c) Make publicly available data on expulsions, disaggregated by sex, age, nationality, disability, migration status, country of return and the filing and outcome of appeals.

Consular assistance

40.The Committee notes the efforts by the State party to provide protection and assistance to Egyptian migrant workers and members of their families abroad through its embassies, consulates and labour offices, including through the restructuring of institutional mandates, the expansion of labour offices and the development of online portals. However, it is concerned about the small number of labour offices abroad to cover the significant number of Egyptian migrant workers and members of their families.

41.The Committee recommends that the State party continue to expand the number and reach of its labour offices abroad and ensure that the offices are equipped with sufficient financial, human and technical capacity to protect and promote, in collaboration with trade unions and civil society organizations, the rights of Egyptian migrant workers and members of their families abroad, including those in detention, subject to expulsion orders, facing exploitation and violence, subject to the kafalah (sponsorship) system and in an irregular situation.

Remuneration and conditions of work

42.While the Committee notes the State party’s explanation that the condition of reciprocity is not applied in practice, it remains concerned that the condition is still legally in force under Labour Law No. 12 of 2003 in relation to the protection and entitlements of migrant workers, which runs counter to the principles and obligations under international human rights law.

43. The Committee recommends that, in the new draft labour law, the State party guarantee all migrant workers the same treatment and protection as nationals, without imposing a condition of reciprocity, in respect of remuneration, conditions of work and their rights, including hours of work, days of rest, safety, social security, freedom of association and participation in trade union activities.

Medical care

44.The Committee notes the State party’s efforts to organize vaccination and health campaigns inclusive of migrants. It notes with concern, however, that the campaigns and healthcare services are restricted based on nationality and thus not available to all migrant workers and members of their families, that the rise in medical costs and language barriers hinder effective access and that many migrants continue to face discriminatory attitudes and discrimination from healthcare professionals, including the refusal to provide services. It is also concerned that migrant workers in an irregular situation have limited access to healthcare and social protection services, owing to their fear of being reported, detained and deported.

45. The Committee recommends that the State party:

(a) Expand the applicability of healthcare, health campaigns and the universal health insurance system to all migrants in accordance with the National Health Strategy 2024–2030, which aims to provide comprehensive healthcare and support services to all migrants and refugees;

(b) Adopt concrete and effective measures to ensure effective access to healthcare services, including but not limited to emergency and urgent medical care, and the availability of information in multiple languages for all migrant workers and members of their families, including those in an irregular situation;

(c) Raise the awareness and capacity of healthcare professionals to provide services without discrimination and establish a monitoring system in healthcare facilities to ensure that services are provided regardless of nationality or race.

Birth registration and nationality

46.The Committee is concerned that children of migrant workers continue to face barriers with regard to birth registration and that migrant women face discrimination in accessing documentation for their children.

47. Recalling the recommendations of the Committee on the Rights of the Child and reiterating its previous recommendations, the Committee recommends that the State party facilitate and encourage birth registration and the issuance of identity documents free of charge without discrimination for all children of migrant workers, including asylum-seekers and refugees, irrespective of their status. The Committee also recommends that the State party ensure that all individuals have access to a nationality and take measures to prevent situations of statelessness.

Education

48.The Committee notes that children of migrant workers from the Sudan, South Sudan, the Syrian Arab Republic, Yemen and Palestine are allowed access to public education and can benefit from an exemption or reduction in fees. However, the Committee is concerned that access is not granted to all children regardless of nationality and residency status, especially for public schools, and that there continue to be barriers for children who do have access, including requirements for proof of residency and arduous enrolment procedures, financial implications, language barriers, bullying, other forms of violence and discrimination, as well as confusion by education officials regarding the currently applicable regulation. It is also concerned about reports of a significant number of migrant children who remain out of school and the lack of official statistics in this regard to inform policies and programmes.

49. The Committee recommends that the State party:

(a) Ensure without delay that all migrant children and children of migrant workers, irrespective of their nationality, migration status, documentation and language abilities, or those of their parents, have effective access to free and quality early childhood, primary and secondary education in a manner that promotes the integration of such children in schools, especially in public schools, including by reducing regulatory and practical barriers;

(b) Take measures to increase school enrolment rates and decrease drop-out rates, based on an accurate assessment of the number and situation of children who are out of school, irrespective of their nationality or migration status;

(c) Improve and clarify the regulations and procedures governing the right of children, including children of migrant workers, asylum-seekers and refugees, to be enrolled in an educational establishment, and ensure that all actors in the education sector receive training in this regard;

(d) Integrate topics and activities into the school curriculum, programmes, initiatives, pedagogical methods and teaching materials that aim to address and prevent xenophobia and all forms of discrimination or violence against migrant children and children of migrant workers.

4.Other rights of migrant workers and members of their families who are documented or in a regular situation (arts. 36–56)

Women migrant workers

50.The Committee notes the Prime Minister’s decision in 2021 to establish the State party’s first integrated unit to protect women from violence, with an explicit definition of violence against women, in addition to the existing specialized departments and offices in the Ministry of Interior and the Office of the Public Prosecutor to combat violence against women, specialized medical response units in university hospitals and shelters under the Ministry of Social Solidarity. It is concerned, however, that violence against women remains prevalent and that migrant women are in an aggravated situation of vulnerability, as they are primarily employed in unregulated sectors such as domestic work and face barriers to seeking access to justice owing to their unequal legal standing in divorce and child custody cases, discrimination against them and their reluctance to seek justice because of the stigma associated with it and the fear of backlash.

51. Recalling the recommendations of the Committee on the Elimination of Discrimination against Women and the Committee on the Elimination of Racial Discrimination, the Committee recommends that the State party:

(a) Review and repeal all gender-discriminatory provisions in the law and such practices that may restrict, exclude and limit opportunities for migrant women and girls, including those in an irregular situation, and ensure gender equality in migration policies, in particular on the rights pertaining to employment, health, education, freedom of movement and access to justice;

(b) Take measures to effectively combat all forms of sexual and gender-based violence and safeguard women migrant workers, particularly domestic workers, by ensuring that they have access to an effective and safe mechanism to file complaints against their employers, by thoroughly investigating all allegations and holding perpetrators accountable, by sufficiently resourcing shelters and relevant units, by providing access to protection, appropriate support services and reparations for victims and survivors and by ensuring access to all forms of medical care, including prenatal and postnatal care, for migrant women.

Right to transfer earnings and savings

52.The Committee notes the measures taken to facilitate the transfer of remittances from Egyptian migrant workers and members of their families abroad. However, it is concerned about reports of measures that have been taken aimed at limiting the transfer of remittances or their use.

53. The Committee recommends that the State party:

(a) Ensure that the measures taken in relation to remittances encourage Egyptian nationals abroad to contribute to the national development process through their investments;

(b) Inform migrants in advance of any restrictions that may be imposed, such as limitations on the maximum amount of transfer or restrictions on the use of automatic teller machine cards or the amount that can be withdrawn, and ensure that any such restrictions do not affect or discourage migrants from making investments in the State party.

Work permits and residency

54.The Committee notes with concern that both new and renewal requests for residency often face delays and can take years to process, which hinders access to services, protection, education and employment in the formal labour market. It is also concerned about the small number of work permits issued compared with the number of migrants, including asylum-seekers and refugees, in the State party.

55. The Committee recommends that the State party:

(a) Expedite the issuance of residency and work permits, and consider increasing their period of validity and reducing barriers to obtaining them, including applicable fees and requirements;

(b) Ensure, in law and in practice, that migrant workers who lose their employment have sufficient time to seek legal remedies against the termination of their employment and/or seek alternative employment and are not subject to a loss of their residency permit and expulsion during that time;

(c) Undertake a comprehensive assessment of the impact of the lack of work and residency permits on migrant workers and members of their families, with the aim of substantially increasing the issuance of work permits to all migrant workers holding any residence status, including asylum-seekers, refugees and migrants in an irregular situation

5.Promotion of sound, equitable, humane and lawful conditions in connection with the international migration of workers and members of their families (arts. 64–71)

Migrant domestic workers

56.The Committee notes that a model contract for domestic workers has been adopted to support the employment relationship between the worker and employer. It is concerned, however, that there remains a void in the legal framework applicable to domestic workers, including migrant domestic workers, with respect to the protection of their rights. It is also concerned about reports of wage disparities and harsh working conditions for domestic workers, as well as the lack of proper avenues to seek remedies for violations of their rights under the Convention.

57. Reiterating its previous recommendation and its general comment No. 1 (2011) on migrant domestic workers, the Committee recommends that the State party:

(a) Expedite the enactment of the draft law regulating domestic work, if possible prior to the 2025 parliamentary election to avoid further delays, and ensure that the law is in full conformity with the Convention;

(b) Continue to encourage the use of standard, unified and binding employment contracts with fair, full and clear conditions and labour standards that are legally enforceable in both the State of origin and the State of employment, regulate and monitor recruitment agencies with a view to preventing exploitation and promoting the safety of domestic workers and ensure that migrant domestic workers have access to remedies and other services when their rights have been violated.

Trafficking in persons

58.The Committee notes with appreciation the efforts made by the State party to adopt and implement laws, strategies, action plans, services, inspection protocols, guidance materials and a number of capacity-building and awareness-raising initiatives to combat trafficking in persons. However, it is concerned about the continued rates of trafficking, including trafficking of women migrant workers and children for the purposes of labour and sexual exploitation, and about the reports of ineffective coordination, the inaccessibility of shelters and the insufficient capacity of relevant authorities.

59. In accordance with the OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking and with target 5.2 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Ensure the effective implementation of the Third National Strategy on Combating and Preventing Trafficking in Persons 2022–2026 and the full operationalization of, sufficient resource allocation for and robust monitoring of the national referral mechanism and the national assistance trust fund for victims of trafficking, including access to shelters and legal, medical and psychosocial assistance;

(b) Strengthen the coordination among the responsible government entities and relevant stakeholders, including the National Coordinating Committee for Combating and Preventing Illegal Migration and Trafficking in Persons, and continue to build the capacity of appropriate authorities and service providers in a gender-responsive and child-sensitive manner.

Measures to address migrant workers in an irregular situation

60.The Committee is concerned that there are insufficient pathways to facilitate the regularization of the status of undocumented migrants in the State party and that there is a lack of information on regularization programmes and their impact over the years. The Committee is also concerned at the high administrative costs, fines and requirements related to sponsors and documentation, such as those imposed by Prime Minister Decree No. 3326 of 2023.

61. With reference to its general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, the Committee recommends that the State party consider adopting measures and clear guidelines aimed at facilitating and expediting the regularization of the situation of migrant workers in an irregular situation within a reasonable time frame through adequate, affordable and effective regularization programmes, in order to ensure that such a situation does not persist, including measures such as the reduction of fees and overstay fines and protection against debt bondage. It also recommends that the State party ensure that such workers are informed about these procedures.

6.Dissemination and follow-up

Dissemination

62. The Committee requests the State party to ensure the timely dissemination of the present concluding observations, in the official language of the State party, to the relevant State institutions at all levels, including to government ministries, the legislature, the judiciary and relevant local authorities, as well as to non-governmental organizations and other members of civil society.

Technical assistance

63. The Committee recommends that the State party further avail itself of international and intergovernmental assistance for the implementation of the recommendations contained in the present concluding observations, as well as the 2030 Agenda for Sustainable Development. It also recommends that the State party continue its cooperation with the specialized agencies and programmes of the United Nations.

Follow-up to concluding observations

64. The Committee requests the State party to provide, within two years (that is, by 1 January 2027), written information on the implementation of the recommendations contained in paragraphs 13 (legislation and application), 37 (due process, detention and equality before the courts), 39 (expulsion) and 55 (work permits and residency) above.

Next periodic report

65. The State party’s fifth periodic report is due by 1 January 2030. The Committee will adopt a list of issues prior to reporting under the simplified reporting procedure at one of its sessions preceding that date, unless the State party has explicitly opted for the traditional reporting procedure. The Committee draws the State party’s attention to its harmonized treaty-specific guidelines.