{"id":21378,"date":"2017-02-18T14:26:58","date_gmt":"2017-02-18T12:26:58","guid":{"rendered":"https:\/\/maatpeace.org\/?p=21378"},"modified":"2017-02-19T09:36:41","modified_gmt":"2017-02-19T07:36:41","slug":"%d8%a7%d9%84%d8%a7%d8%aa%d8%ac%d8%a7%d8%b1-%d9%81%d9%8a-%d8%a7%d9%84%d9%86%d8%b3%d8%a7%d8%a1-%d8%a7%d9%84%d8%aa%d9%88%d8%b5%d9%8a%d9%81-%d9%88%d8%b1%d8%a4%d9%8a%d8%a9-%d9%84%d8%b3%d8%af-%d8%a7%d9%84","status":"publish","type":"post","link":"https:\/\/maatpeace.org\/en\/%d8%a7%d9%84%d8%a7%d8%aa%d8%ac%d8%a7%d8%b1-%d9%81%d9%8a-%d8%a7%d9%84%d9%86%d8%b3%d8%a7%d8%a1-%d8%a7%d9%84%d8%aa%d9%88%d8%b5%d9%8a%d9%81-%d9%88%d8%b1%d8%a4%d9%8a%d8%a9-%d9%84%d8%b3%d8%af-%d8%a7%d9%84\/","title":{"rendered":"Trafficking in women ... Characterization and a vision to fill legislative gaps"},"content":{"rendered":"
\u00a0<\/strong>"Trafficking in women ... Characterization and a vision for bridging legislative gaps"<\/strong><\/span><\/p>\n \u00a0<\/strong>Policy Paper<\/strong><\/p>\n Issued it<\/strong><\/p>\n Public Policy Analysis and Human Rights Unit<\/strong><\/p>\n Affiliate Foundation<\/strong><\/p>\n , Maat for Peace, Development, and Human Rights<\/strong><\/p>\n Under a project<\/strong><\/p>\n The Universal Periodic Review as a Tool to Improve Public Policies during the Transition<\/strong><\/p>\n February 2017<\/strong><\/p>\n \u00a0<\/strong><\/p>\n Introduction:<\/strong><\/p>\n In light of the interest of an institution Maat for peace, development and human rights<\/strong> To follow up on the Egyptian government's commitments to its international obligations in the field of combating human trafficking, in light of its project The Universal Periodic Review as a Tool to Improve Public Policies during the Transition<\/strong>The Foundation presents this paper to try to work on presenting legislative and procedural proposals to work to address and combat the phenomenon of trafficking in women in Egypt.<\/p>\n This paper deals with the issue through a number of axes, the first of which is the historical context of the phenomenon of trafficking in women, and the second axis deals with the phenomenon of trafficking in women in Egypt, then the constitutional framework and international obligations in the context of dealing with the phenomenon of trafficking in women, as well as the causes of the spread of the phenomenon, and finally, the paper deals with a vision A proposal to work on curbing the phenomenon of trafficking in women in Egypt and trying to provide advice to policy makers to work on tackling this phenomenon.<\/p>\n The first axis: Women and human trafficking<\/strong><\/p>\n First: A historical overview of the suffering of women from the phenomenon of trafficking in them<\/u><\/strong><\/p>\n The problem of human trafficking, especially in women, is not a product of recent years. Rather, it is a very old and deep problem. It is known that it prevailed in pre-Christian times. The base of the strong controls the weak and from here the roots of the problem began and people divided into masters and slaves, which led to the emergence of trade Slaves in the sixteenth and seventeenth centuries, especially among women and children, given that they are the weakest element in society, and at that time the problem of human trafficking in the slave trade was known, and the slave trade and images of their hideous exploitation spread to the United States of America and to many Western countries, and the situation continued as such until it appeared Movements against racism, slavery and the exploitation of human beings of all kinds during the past three centuries.<\/p>\n Despite the emergence of these movements against slavery and slavery, the problem of human trafficking, especially between women and children, did not end. Rather, it was growing more and more, but in secret, which made it worse than it was in the Middle Ages until it reached what it is today despite the spread The principles of freedom and equality guaranteed by laws, whether international or internal to some countries, and the criminalization of international and domestic laws in some countries for the phenomenon of human trafficking, especially between women and children.[1]<\/a>.<\/p>\n Second: The most common forms of trafficking in women<\/u><\/strong><\/p>\n The images and manifestations of trafficking in women are numerous, and cannot be limited to due to technical development and scientific progress, as they separate many images and manifestations of trafficking and exploitation, which were neither familiar nor expected with the concepts of the present time, and the patterns of this crime can be identified as follows: [2]<\/a>:<\/p>\n Third: The human rights system deals with the issue of trafficking in women<\/u><\/strong><\/p>\n The great danger and negative effects resulting from the phenomenon of human trafficking, especially among women, forced the international community to work to address this phenomenon and work to combat it, and many international agreements have emerged that work to address this phenomenon, and among the most prominent of these international agreements are the following: :<\/p>\n The second axis: forms of trafficking in women in Egypt:<\/strong><\/p>\n First: The most important forms of trafficking in women in Egypt:<\/u><\/strong><\/p>\n The forms of trafficking in women differ in Egypt, according to several different types, and three main types can be referred to about trafficking in women in Egypt, and they can be divided according to the following:[9]<\/a>:<\/p>\n Second: The constitutional framework and recommendations of the universal periodic review regarding trafficking in women<\/u><\/strong><\/p>\n The constitution and combating trafficking in women:<\/strong><\/p>\n \u00a0The Egyptian constitution affirms in a number of constitutional articles, directly and indirectly, the criminalization of human trafficking in general, as the constitution affirms that dignity is the right of every human being, and it is not permissible to violate it, and the state is committed to respect and protect it[10]<\/a>. He also affirmed that the human body is inviolable, and assaulting, mutilating, or mutilating it is a crime punishable by law. And the ban on trafficking in its organs[11]<\/a>. The constitution also prohibits all forms of slavery, slavery, oppression, and forced exploitation of people, the sex trade, and other forms of human trafficking.[12]<\/a>.<\/p>\n Periodic review recommendations regarding combating trafficking in women[13]<\/a>: <\/strong><\/p>\n In the last universal periodic review, several recommendations were submitted to the Egyptian government related to combating human trafficking in general and the need for the government to implement the national plan to combat trafficking in persons, and to intensify efforts and cooperation with the international community in order to combat human trafficking, and the Egyptian government agreed to all of these recommendations, Thus the government is obligated to implement them. Which: -<\/p>\n Recommendation No. 166-169 which stipulated \u201cintensifying efforts aimed at combating trafficking in persons, in cooperation with the international community,\u201d which was submitted by the State (Rwanda);<\/p>\n Recommendation No. 166-170, which stipulated \u201cbroadening the understanding of the definition of trafficking in persons, and integrating a human rights-based approach into policies aimed at eliminating trafficking in persons,\u201d made by a State (Slovenia);<\/p>\n Recommendation No. 166-171, which stipulates \u201cEnsure the effective implementation of the National Plan to Combat Human Trafficking and submitted by (Israel);<\/p>\n Recommendation No. 166-172, which stipulates \u201cto continue its national efforts to combat trafficking in persons, including through international and regional cooperation,\u201d and was submitted by a State (Kazakhstan);<\/p>\n Recommendation No. 166-173, which provided for \u201censuring the establishment of a national database on trafficking in persons,\u201d submitted by the (Philippines) State;<\/p>\n Recommendation No. 166-174, which stipulated \u201cContinue to strengthen efforts aimed at eliminating trafficking in persons in accordance with the National Plan\u201d submitted by the State (Maldives);<\/p>\n Third: the legal framework towards combating trafficking in women: <\/u><\/strong><\/p>\n In light of the different shapes and images of the phenomenon of trafficking in women in Egypt, it can be said that there is a set of laws that deal with the phenomenon of trafficking in women, which criminalize it completely and categorically, especially with regard to forms of sexual exploitation of women such as: prostitution, forced and early marriage of females, and circumcision operations Females, early abortions, hymen reconstruction, and abduction of women for sexual exploitation[14]<\/a>. As for the second type, some of them are not legally criminal, such as: (exploitation of the wife for the benefit of the family, husbands seizure of the returns from their wives' work), and some of them are legally criminal such as (employing women for lower wages than men, and seizing the inheritance of women)[15]<\/a>The anti-trafficking law is one of the most important laws that deal with the issue of trafficking in women in Egypt, as the law prohibited human trafficking in all its forms and forms, by defining human trafficking in Article 2 of the law. The law also referred to several deterrent penalties that are applied to those who commit the act of human trafficking, and therefore this law is a deterrent to the process of human trafficking.[16]<\/a>.<\/p>\n \u00a0<\/u><\/strong><\/p>\n Fourth: The reasons for the spread of the phenomenon of trafficking in women in Egypt:<\/u><\/strong><\/p>\n There are many reasons that lead to the spread of the phenomenon of trafficking in women in Egypt, and these reasons can be divided according to the following[17]<\/a>:<\/p>\n Economic reasons come on top of the motives that lead to the spread of the phenomenon of trafficking in women in many areas in Egypt, such as the spread of poverty and the consequent displacement from the countryside to the cities, which pushes women to work to overcome economic conditions and help the family, which makes them more vulnerable to falling In the clutches of human trafficking, by exploiting poor women by offering jobs as saleswomen, waitresses, or servants, then they find themselves in the clutches of local or international prostitution networks, or forcing them to work for a low wage, or through some parents forcing girls - especially minors - I have to marry wealthy Arabs for short periods of time in exchange for money, and then remarry them multiple times.<\/p>\n The phenomenon of forcing girls to leave education, especially in rural areas, and in Upper Egypt, is one of the most important reasons for the social and political exploitation of women, especially in election campaigns, by buying their votes as a result of their lack of awareness.<\/p>\n \u00a0It also happens in some villages, especially in Upper Egypt, that women are forced to give up their inheritance as a kind of social tradition that does not recognize women's inheritance.<\/p>\n Sometimes religion is used as one of the factors in trafficking in women in Egypt, where fathers resort to marrying their daughters at an early age, under the pretext of concealment and preserving the chastity of the daughters, and thus fathers benefit from marrying their daughters at an early age, and this type is widespread in regions other than In urban and rural areas, and thus the phenomenon of early marriage is widely spread in Egyptian society.<\/p>\n \u00a0<\/u><\/strong><\/p>\n Some of the legal problems that lead to the spread of the phenomenon <\/u><\/strong><\/p>\n Despite the multiplicity of Egyptian legislations that protect the rights of women from trafficking in women, these laws have been enacted long ago, which led to the weakness of the legal structure related to the criminalization of the phenomenon of trafficking in women, and made it not fulfill the required purpose in criminalizing the phenomenon, including: -<\/p>\n \u00a0<\/strong><\/p>\n The third axis: a proposed vision to curb the phenomenon of trafficking in women<\/strong><\/p>\n Given the widespread prevalence of the phenomenon of trafficking in women at the present time, a set of recommendations and proposals can be submitted that may help the Egyptian decision-maker in addressing the phenomenon, and the most important of these proposals are the following:<\/p>\n \u00a0<\/strong><\/p>\n First: Legislative Proposals:<\/strong><\/p>\n Maat Foundation believes in light of the spread of the phenomenon of trafficking in women and the negative consequences of that, that state institutions and parliament should work more to combat this phenomenon by amending some legislations, including: - <\/strong><\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Second: Community Proposals:<\/strong><\/p>\n [1]<\/strong><\/a>: a. Ali Nasser Al-Jali, The phenomenon of human trafficking: its social, economic and religious dimensions<\/u>(Maneuver Center, Yemen, August 2010), more details on the following link: <\/strong>http:\/\/www.felixnews.com\/news-6429.html<\/a><\/strong><\/span><\/p>\n [2]<\/strong><\/a>: Amal Adabiyat, The problems of trafficking in women in the Arab world<\/u>(Syrian International Academy: Research presented for a diploma in international affairs and diplomacy, 2010), 4-7.<\/strong><\/span><\/p>\n [3]<\/strong><\/a>The Universal Declaration of Human Rights, 1948, Article 4, states: \u201cNo person shall be held in slavery or servitude. It prohibits slavery and the slave trade in all their forms. Article 5 states, \u201cNo person shall be subjected to torture or to cruel, brutal or degrading treatment or punishment.<\/strong><\/span><\/p>\n [4]<\/strong><\/a>The International Covenant on Civil and Political Rights, December 1966, Article 7, states: \u201cNo one shall be subjected to torture, nor to cruel, inhuman or degrading treatment or punishment. In particular, it is not permissible to conduct any medical or scientific experiment on anyone without his free consent. Article 8 states, \u201cNo one shall be enslaved, and slavery and the slave trade in all their forms are prohibited. No one may be subjected to servitude. No one may be forced into forced or compulsory labor.<\/strong><\/span><\/p>\n [5]<\/strong><\/a>: The 1979 Convention on the Elimination of All Forms of Discrimination against Women, Article 6 states, \u201cStates parties shall take all appropriate measures, including legislation, to combat all forms of trafficking in women and exploitation of prostitution of women. <\/strong><\/span><\/p>\n [6]<\/strong><\/a>2004 Arab Charter on Human Rights, Article 10, states: \u201cSlavery and trafficking in persons in all their forms shall be prohibited and punished. Under no circumstances shall slavery and servitude be permitted. Forced labor and trafficking in persons for the sake of prostitution, sexual exploitation, exploitation of the prostitution of others or any other form, or the exploitation of children in armed conflicts are prohibited.<\/strong><\/span><\/p>\n [7]<\/strong><\/a>: United Nations General Assembly Resolution December 2013, No. 68\/192, entitled \u201cImproving coordination of efforts to combat trafficking in persons.<\/strong><\/span><\/p>\n [8]<\/strong><\/a>: The United Nations Convention against Transnational Organized Crime and the Protocols thereto, in particular the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, pp. 41-48.<\/strong><\/span><\/p>\n [9]<\/strong><\/a>: Basma Mustafa, a survey of 16 forms of trafficking related to sex, (Masryat website, November 30, 2015), more details on the following link: <\/strong>http:\/\/masreiat.com\/organizations\/2015\/11\/30\/27841<\/a><\/strong><\/span><\/p>\n [10]<\/strong><\/a>The Egyptian Constitution 2014, Chapter Three, Public Rights and Freedoms, Article 51, states: \u201cDignity is the right of every human being, and it is not permissible to violate it, and the state is obligated to respect and protect it.\u201d<\/strong><\/span><\/p>\n [11]<\/strong><\/a>The Egyptian Constitution 2014, Chapter Three, Public Rights and Freedoms, Article 60, states: \u201cThe human body is inviolable, and assaulting, mutilating, or mutilating it is a crime punishable by law. Trading in its organs is prohibited, and no medical or scientific experiment may be conducted on it without the free, documented consent, according to established foundations in the field of medical sciences, as regulated by law.<\/strong><\/span><\/p>\n [12]<\/strong><\/a>The Egyptian Constitution of 2014, Chapter Three, Public Rights and Freedoms, Article 89, states: \u201cAll forms of slavery, slavery, oppression, forced exploitation of human beings, sex trade, and other forms of human trafficking are prohibited, and the law criminalizes all of this.\u201d<\/strong><\/span><\/p>\n [13]<\/strong><\/a>Results of the 2014 UPR Report, more details at the following link:<\/strong> http:\/\/bit.ly\/1YGQDSg<\/a><\/strong>\u00a0 <\/strong><\/span><\/p>\n [14]<\/strong><\/a>: Anti-Prostitution Law No. 10 of 1961, Article 14, regarding the criminalization of prostitution, the Egyptian Penal Code, Chapter Sixteen \u201cForgery,\u201d Article 227, and Civil Status Law No. 143 of 1994, Article 31 bis regarding the criminalization of forced and early marriage, the Egyptian Penal Code Article 242 bis, regarding the criminalization of female circumcision and the punishment of those who carry out this act, Egyptian Penal Code, Article 260 to Article 265, relating to the criminalization of abortion and the punishment of those who carry out abortions. The Egyptian Penal Code, Article 290, is related to the criminalization of female abduction, and the punishment of those who carry out this crime with a penalty that may amount to death.<\/strong><\/span><\/p>\n [15]<\/strong><\/a>The Egyptian Labor Law, Article 88, states: \u201cWithout prejudice to the provisions of the following articles, all provisions regulating the employment of workers shall apply to women workers, without discrimination between them when their work conditions are similar.\u201d Egyptian inheritance law No. 77 of 1943, chapter on penalties, regarding the punishment of anyone who deliberately refuses to hand over one of the heirs his legal share of inheritance<\/strong>.<\/strong> More details on the following link <\/strong>http:\/\/www.youm7.com\/2526146<\/a><\/strong><\/span><\/p>\n [16]<\/strong><\/a>More details: Law No. 64 of 2010 regarding combating human trafficking, Article 2, regarding the definition of human trafficking. And articles 4-15, regarding the penalties applied to the crime of human trafficking. More details on the following link<\/strong> : <\/strong>http:\/\/bit.ly\/2l7l7QD<\/a> <\/strong><\/span><\/p>\n\u00a0<\/strong>\u201cThis 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.<\/strong><\/span><\/h6>\n
<\/a>Human trafficking is the new old manifestation that violates human rights, which strikes the human dignity at its roots and is a stain on the forehead of the international community, and women and children are the most vulnerable to the process of trafficking, as the World Report on Trafficking in Persons issued by the United Nations Office on Drugs and Crime indicates that Women and girls make up about 70 1TTP1T victims of human trafficking, which confirms the failure of global efforts to address this phenomenon and requires more international cooperation to overcome it.<\/p>\n
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