Proposed amendments to some laws related to human trafficking operations Included:
“Law No. 64 of 2010 on combating human trafficking“
Law No. 82 of 2016 regarding combating illegal immigration and migrant smuggling
Law No. 10 of 1961 to Combat Prostitution
Egyptian Penal Code
Law No. 5 of 2010 regulating human organ transplantation
Egyptian Labor Law Law No. 12 of 2003
Lead it
Public Policy Analysis and Human Rights Unit
Affiliate Foundation
, Maat for Peace, Development, and Human Rights
Under a project
The Universal Periodic Review as a Tool to Improve Public Policies during the Transition
March 2017
“This release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the vision of the European Union.
First: A proposal to amend Law No. 64 of 2010 regarding combating human trafficking
| Subject | Current text | Suggested text |
| Article (5) | Whoever commits the crime of human trafficking shall be punished with temporary hard labor and a fine of not less than fifty thousand pounds and not exceeding two hundred thousand pounds, or a fine equal to the value of the benefit he received, whichever is greater. | Whoever commits the crime of human trafficking shall be punished with life imprisonment with hard labor and a fine of not less than one million pounds or a fine equal to the value of the benefit he received, whichever is greater. |
| Article (6) | Whoever commits the crime of human trafficking shall be punished with life imprisonment and a fine of not less than one hundred thousand pounds and not exceeding five hundred thousand pounds in any of the following cases:
1- If the perpetrator established, organized or managed an organized criminal group for the purposes of human trafficking or assumed leadership in it, or was a member or joined to it, or the crime was of a transnational nature. 2- If the act was committed by means of threatening death, serious harm, physical or psychological torture, or the act was committed by a person carrying a weapon. 3- If the perpetrator is the spouse of the victim, one of his ascendants or descendants, someone who has guardianship or guardianship over him, is responsible for his supervision or upbringing, or someone who has authority over him. 4- If the perpetrator was a public official or entrusted with a public service and committed his crime by exploiting the position or public service. 5- If the crime resulted in the death of the victim, permanent disability, or a disease from which there is no hope of recovery. 6- If the victim was a child, incapacitated, or disabled. 7- If the crime is committed by an organized criminal group. |
Whoever commits the crime of human trafficking shall be punished with life imprisonment and a fine of not less than five million pounds in any of the following cases:
1- If the perpetrator established, organized or managed an organized criminal group for the purposes of human trafficking or assumed leadership in it, or was a member or joined to it, or the crime was of a transnational nature. 2- If the act was committed by means of threatening death, serious harm, physical or psychological torture, or the act was committed by a person carrying a weapon. 3- If the perpetrator is the spouse of the victim, one of his ascendants or descendants, someone who has guardianship or guardianship over him, is responsible for his supervision or upbringing, or someone who has authority over him. 4- If the perpetrator was a public official or entrusted with a public service and committed his crime by exploiting the position or public service. 5- If the crime resulted in the death of the victim, permanent disability, or a disease from which there is no hope of recovery. 6- If the victim was a child, incapacitated, or disabled. 7- If the crime is committed by an organized criminal group. |
| Article (7) | Imprisonment shall be the penalty inflicted on whoever uses force or threat, or offers a gift or advantage of any kind, or promises something of that, to induce another person to give false testimony, conceal a matter, or make false statements or information at any stage of collecting evidence, investigation, or Prosecution in procedures related to committing any of the crimes stipulated in this law. | The article is added as a paragraph to Article 6 of the law and the same penalty applies to it |
| Article (8) | Imprisonment shall be the penalty inflicted on whoever conceals or deals with any of the perpetrators, objects, or funds obtained from any of the crimes stipulated in this law, or conceals any of the crime's features or tools with knowledge of that.
The court may exempt from punishment if the one who concealed the perpetrators was a spouse, one of his ascendants or descendants. |
Temporary hard labor shall be the penalty inflicted on whoever conceals, or deals in, any of the perpetrators, objects, or funds obtained from any of the crimes stipulated in this law, or conceals any of the crime's features or tools with knowledge of that.
The court may exempt from punishment if the one who concealed the perpetrators was a spouse, one of his ascendants or descendants |
| Article (9) | Imprisonment shall be the penalty inflicted on whoever discloses or reveals the identity of the victim or witness in a manner that exposes him to danger, causes harm to him, facilitates the perpetrators' contact with him, or provides him with incorrect information about his legal rights with the intention of harming him or violating his physical, psychological or mental integrity. | Temporary hard labor shall be the penalty inflicted on whoever discloses or reveals the identity of the victim or witness in a manner that exposes him to danger, causes harm to him, facilitates the perpetrators' contact with him, or provides him with incorrect information about his legal rights with the intention of harming him or violating his physical, psychological or mental integrity. |
| Article (10) | Imprisonment shall be the penalty inflicted on whoever incites, by any means, to commit one of the crimes referred to in the previous articles, even if the incitement has no effect. | Temporary hard labor shall be the penalty inflicted on whoever incites, by any means, to commit one of the crimes referred to in the previous articles. |
| New material | Adding a comprehensive article to the Human Trafficking Law that criminalizes all forms of trafficking in women in relation to the exploitation of women in service work, bargaining marriage, early marriage in case of benefit, servant wife, organ trade, and forcing work that is not covered by legal protection such as "domestic workers - migrant workers" Seizing the income of a wife or daughter against their will, employing women for less than market wages, commercial sex, exploiting refugee women, begging, exploiting their electoral votes, and using women as human shields. |
Second: A proposal to amend Law No. 82 of 2016 on combating illegal immigration and migrant smuggling
| Subject | Current text | Suggested text |
| Article (6) | Whoever commits the crime of smuggling migrants, attempts to do so, or is involved in that shall be punished by imprisonment and a fine of not less than fifty thousand pounds and not exceeding two hundred thousand pounds, or a fine equal to the value of the benefit he has brought, whichever is greater, whoever commits the crime of smuggling migrants or attempts it or is involved in that, and the penalty shall be imprisonment and a fine of not less than two hundred thousand A pound and not exceeding five hundred thousand pounds or a fine equal to the value of the benefit he received, whichever is greater in any of the following cases:
1- If the perpetrator has established, organized or managed an organized criminal group for the purposes of smuggling migrants, or assumed leadership in it, or was one of its members or joined it. 2- If the crime is of a non-national character. 3- If the crime is committed by a person carrying a weapon. 4- If the perpetrator was a public employee or file with a public service and committed the crime by exploiting the position or public service. 5- If the crime threatens the life or exposes the health of those being smuggled out of the migrants to danger or represents inhuman or professional treatment. 6- If the smuggled migrant is a woman, child, incompetent, or a person with a disability. 7 - If a forged travel or identity document was used to commit the crime, or if a travel or identity document was used by someone other than its legal owner. 8- If a ship was used to commit the crime in violation of the purpose designated for it by established traffic lines. 9 - If the perpetrator returns to committing the crime stipulated in the first paragraph of this Article. |
Whoever commits, attempts, or is involved in the crime of smuggling migrants shall be punished with imprisonment and a fine of not less than one million Egyptian pounds or a fine equal to the value of the benefit he received, whichever is greater. The value of the benefit to him, whichever is greater in any of the following cases
1- If the perpetrator has established, organized or managed an organized criminal group for the purposes of smuggling migrants, or assumed leadership in it, or was one of its members or joined it. 2- If the crime is of a non-national character. 3- If the crime is committed by a person carrying a weapon. 4- If the perpetrator was a public employee or file with a public service and committed the crime by exploiting the position or public service. 5- If the crime threatens the life or exposes the health of those being smuggled out of the migrants to danger or represents inhuman or professional treatment. 6- If the smuggled migrant is a woman, child, incompetent, or a person with a disability. 7 - If a forged travel or identity document was used to commit the crime, or if a travel or identity document was used by someone other than its legal owner. 8- If a ship was used to commit the crime in violation of the purpose designated for it by established traffic lines. 9 - If the perpetrator returns to committing the crime stipulated in the first paragraph of this Article. |
| Article (7) | The penalty shall be life and a fine of not less than two hundred thousand pounds and not exceeding five hundred thousand pounds, or a fine equal to the value of the benefit he brought, whichever is greater if any of the crimes stipulated in the first paragraph of the previous article are committed in any of the following cases:
1- If the crime was committed by an organized criminal group. 2- If the crime is committed in execution of a terrorist purpose in accordance with the laws in force in this regard. 3- If the crime resulted in the death of the smuggled migrant, permanent disability, or an illness from which there is no hope of recovery. 4- If the perpetrator used drugs, medicines, weapons of force or violence, or the threat of them, in committing the crime. 5 - If the number of smuggled migrants is more than twenty people or less than that, whenever there are women, children, incompetent people, or people with disabilities. 6- If the perpetrator seized or destroyed the travel document or identity of the smuggled immigrant. 7- If the perpetrator used force or weapons to resist the authorities. 8- If the perpetrator uses children to commit the crime. 9 - If the perpetrator returned to commit the crime in one of the aggravating circumstances stipulated in the second paragraph of Article |
The penalty shall be life and a fine of not less than two million Egyptian pounds or a fine equal to the value of the benefit he received, whichever is greater if any of the crimes stipulated in the first paragraph of the previous article are committed in any of the following cases: -
1- If the crime was committed by an organized criminal group. 2- If the crime is committed in execution of a terrorist purpose in accordance with the laws in force in this regard. 3- If the crime resulted in the death of the smuggled migrant, permanent disability, or an illness from which there is no hope of recovery. 4- If the perpetrator used drugs, medicines, weapons of force or violence, or the threat of them, in committing the crime. 5 - If the number of smuggled migrants is more than twenty people or less than that, whenever there are women, children, incompetent people, or people with disabilities. 6- If the perpetrator seized or destroyed the travel document or identity of the smuggled immigrant. 7- If the perpetrator used force or weapons to resist the authorities. 8- If the perpetrator returns to commit the crime in one of the aggravating circumstances stipulated in the second paragraph of the article |
| New material | The penalty shall be for life and a fine of not less than five million Egyptian pounds or a fine equal to the value of the benefit he received, whichever is greater if any of the crimes stipulated in the first paragraph of Article VI are committed if the smugglers are children or the perpetrator used children in committing the crime. |
Third: A proposal to amend the Anti-Prostitution Law No. 10 of 1961
| Subject | Current text | Suggested text |
| Article (1) | (A) Whoever incites a person, male or female, to commit immorality or lures him or seduces him with the intention of committing debauchery or prostitution, he shall be punished with imprisonment for a period of no less than a year and not exceeding three years and a fine from one hundred to three hundred pounds in the Egyptian region and from one thousand to three pounds Thousands of liras in the Syrian region
(B) If the perpetrator of the crime has not been of the age of twenty-one years of the Gregorian calendar, the penalty shall be imprisonment for a period of no less than one year and not exceeding five years and a fine of not less than one thousand to five thousand pounds in the Syrian region |
(A) Whoever incites a person, male or female, to commit debauchery or lures him or seduces him with the intention of committing debauchery or prostitution, he shall be punished with imprisonment and a fine from one hundred thousand pounds to three hundred pounds
(B) If the person against whom the crime is committed is less than twenty-one years of age, the penalty shall be temporary hard labor. |
| Article (2) | The punishment prescribed in Paragraph (b) of the previous Article shall be punished by:
(A) Whoever uses, lures or induces a person, male or female, with the intention of committing debauchery or prostitution, by deception, force, threat, abuse of power, or other means of coercion (B) Whoever retains, by one of these means, a person, male or female, against his will in a place of immorality or prostitution. |
He shall be punished with strict imprisonment and a fine of one hundred thousand pounds
(A) Whoever uses, lures or induces a person, male or female, with the intention of committing debauchery or prostitution, by deception, force, threat, abuse of power, or other means of coercion (B) Whoever retains, by one of these means, a person, male or female, against his will in a place of immorality or prostitution. |
| Article (3) | Whoever instigates a male, not of twenty-first years of age, or a female of any age, to leave the United Arab Republic, facilitates that for him, uses him, or accompanies him with him outside it to engage in debauchery and prostitution, and whoever assists in this with his knowledge of it shall be punished with imprisonment for a period of no less than one year. It does not exceed five years and a fine from one hundred pounds to five hundred pounds in the Egyptian region, and from one thousand to five thousand pounds in the Syrian region, and the maximum penalty for imprisonment is seven years if the crime is committed against two or more persons or if it is committed by one of the means referred to in the first paragraph of The second article other than the prescribed fine. | Whoever instigates a male, not of twenty-one years of age, or a female of any age, to leave the Arab Republic of Egypt, facilitates that for him, uses him, or accompanies him with him outside it to engage in debauchery and prostitution, and whoever assists in this with his knowledge of it shall be punished with temporary hard labor for a period of no less than Three years and not exceeding ten years, and a fine from one hundred thousand pounds to five hundred thousand pounds, and the maximum penalty for hard labor is seven years if the crime is committed against two or more persons or if it is committed by any of the means referred to in the first paragraph of Article Two other than the prescribed fine. |
| Article (4) | In the cases stipulated in the previous three articles, the penalty of imprisonment shall be from three to seven years if the person against whom the crime is committed has not reached the age of sixteen years of age or noticed him or who has authority over him or was a wage servant with him or those mentioned above. | In the cases stipulated in the previous three articles, the hard labor penalty shall be from ten years to fifteen years if the person against whom the crime is committed has not reached the age of sixteen years of age or noticed him or who has authority over him or was a paid servant with him or with those mentioned above . |
| Article (5) | Whoever brings a person into the United Arab Republic or facilitates his entry to commit debauchery or prostitution, he shall be punished with imprisonment for a period of no less than a year and not exceeding five years and a fine from one hundred to five hundred pounds in the Egyptian region and from one thousand to five thousand pounds in the Syrian region. | Whoever brings a person into the Arab Republic of Egypt or facilitates his entry to commit debauchery or prostitution shall be punished with imprisonment for a period no less than three years and not exceeding five years and a fine from one hundred thousand to five hundred thousand pounds |
| Article (6) | Shall be punished by imprisonment for a period of no less than six months and not exceeding three years:
(A) Whoever assists a female in practicing prostitution, even through financial spending (B) Whoever exploits in any way the prostitution or immorality of a person, and the penalty shall be imprisonment from one to five years if the crime is accompanied by one of the two aggravating circumstances stipulated in Article 4 of this Law |
Shall be punished by imprisonment for a period of no less than a year and not exceeding three years:
(A) Whoever assists a female in practicing prostitution, even through financial spending (B) Whoever exploits in any way the prostitution or immorality of a person, and the penalty shall be imprisonment from one to five years if the crime is accompanied by one of the two aggravating circumstances stipulated in Article 4 of this Law |
Fourth: A proposal to amend the Egyptian penal code
| Subject | Current text | Suggested text |
| Article (227) | A penalty of imprisonment for a period not exceeding two years or a fine not exceeding three hundred pounds shall be inflicted on whoever expresses before the competent authority with the intention of proving that one of the spouses has reached the legally determined age to control the marriage contract with statements that he knows are incorrect, or he writes or submits papers to her as well when the marriage contract is seized on the basis of these sayings Or the papers. A penalty of detention or a fine not exceeding five hundred pounds shall be inflicted on every person authorized by law to control the marriage contract knowing that one of the parties has not reached the age specified in the law. | A penalty of strict imprisonment for a period of no less than five years or a fine of not less than one million pounds shall be inflicted on whoever expresses before the competent authority with the intention of proving that one of the spouses has reached the legally determined age to control the marriage contract with statements that he knows are incorrect, or he writes or submits papers to her as well when the marriage contract is seized on The basis of these sayings or papers. Aggravated imprisonment for a similar period or the same fine shall be imposed on every person authorized by law to control the marriage contract knowing that one of the parties has not reached the age specified in the law |
Fifth: A proposal to amend Law No. 5 of 2010 regarding the regulation of human organ transplantation
Amending the articles of the law so that the organs that are legal to be transferred and transplanted are determined according to what doctors consider from the organs that may be transferred medically in a way that does not affect the health of the donor in detail.
- Articles “5” and “7” of the law must be reformulated so that the intent to transfer and transplant human organs is defined, and a clear and detailed definition of the concept of the human organ and mother cells that he mentioned in the two articles
- Adding an article to the law to define the concept of death, as no article of the law stipulates the definition and description of a complete death.
- Increase the punishment in Article 17 of the law so that the penalty is hard labor and the fine becomes no less than one million pounds. In case of disability, the punishment is also temporary hard labor, and the fine is not less than 2 million. The doctor is prohibited from practicing the profession of medicine in all cases, but in the event of death, the penalty becomes life imprisonment.
- Amending Article 18 of the Law so that it states: “Without prejudice to the penalties prescribed in Articles 17 and 19 of this law, a penalty of tight imprisonment and a fine of not less than two million pounds shall be imposed on whoever performs a transfer or transplant operation in other than licensed medical facilities with his knowledge of that. As a result of the act, the death of the donor or recipient shall be the death penalty. The same penalty stipulated in the previous paragraph shall be imposed on the director responsible for the actual management of the medical facility in the unlicensed places in which any transfer of human organs, part thereof, or human tissue takes place with his knowledge of this.
- Amending Article 19 to state: “Temporary hard labor and a fine of no less than five million pounds shall be imposed on whoever transports with the intention of transplantation by deceit or coercion any organ or part of a living human organ. If the act is committed on human tissue, the penalty shall be temporary hard labor for a period not exceeding fifteen Year. Whoever transplanted an organ or part of it, or tissue that was transferred by means of fraud or coercion, with his knowledge of that, shall be punished by the penalty prescribed in the previous paragraph. The penalty shall be death if the act referred to in the two previous paragraphs results in the death of the transferee.
Sixth: A proposal to amend the Egyptian Labor Law No. 12 of 2003
Delete the exception mentioned in subparagraph (b) of Article 4 ([1]) From the labor law, which excludes domestic workers from protecting that law, and activating what was authorized by the Trade Union Law No. 35 of 1976 for domestic workers by establishing trade union organizations that defend their interests.
- Deleting Article 97 of the Labor Law, which excludes women working in pure agriculture from all workers' rights in accordance with the law, with the legislator developing articles of a law that regulate women's employment in agriculture.
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