EGYPT CRIMINALIZES TRAFFICKING OF CHILDREN AND FGM

UNCLAS CAIRO 001192 SENSITIVE SIPDIS DEPARTMENT FOR NEA/ELA, NEA/RA AND G/TIP E.O. 12958: N/A TAGS: PGOV PHUM SOCI KCRM KWMN EG SUBJECT: EGYPT CRIMINALIZES TRAFFICKING OF CHILDREN AND FGM REF: A. 2007 CAIRO 3031 ¶B. CAIRO 410 Sensitive but unclassified, not for Internet distribution. ¶1. (SBU) Summary: On June 7, Egypt's upper house of parliament approved amendments to Egypt's Child Protection Law that criminalize and stipulate severe punishments for trafficking of children and for female genital mutilation (FGM). The new legislation represents Egypt's first legal framework to specifically address trafficking in persons (TIP). This, along with other efforts, shows the GOE's increasing momentum to improve its anti-TIP posture, as well as its increasing efforts against FGM. End summary. -------------- Criminalizing Child Trafficking, FGM -------------- ¶2. (U) On June 7, the People's Assembly approved a series of amendments to Egypt's Child Protection Law that contain a specific statute criminalizing trafficking of children and laying out severe punishments for such an offense. Specifically, a provision bans any kind of "abuse, trafficking, sexual harassment, and commercial or economic abuse of children." It mandates a punishment of at least five years imprisonment and a fine of between LE 50,000 ($9260) and LE 200,000 ($37,000) for anyone who "buys, sells, or offers a child for sale" or anyone who "participates in transferring a child as a slave for sexual or commercial exploitation." ¶3. (U) In a similarly unprecedented step, another provision criminalizes the practice of FGM, except in cases of "medical necessity," by between three months and two years imprisonment and a fine of LE 1000 ($190) and LE 5000 ($950). Additionally, the legal age of marriage for girls was raised from 16 to 18 (although another law still permits "civil registration" before the age of 18). Also, a provision for the first time allows the mother of a child whose father is unknown to issue a birth certificate for the child under her name, conferring upon these children all the benefits of Egyptian citizenship. ¶4. (SBU) The amendments to the law been in the works for over a year, and were developed with the full backing of First Lady Suzanne Mubarak by the governmental NGO the National Center for Childhood and Motherhood (NCCM),and in consultation with Embassy Cairo Justice Attache and poloff regarding the TIP-specific provisions (ref A). Aza El Ashmawy, the director of the NCCM's Trafficking in Children unit, told us on June 9 that the NCCM is satisfied with the anti-TIP provisions of the law as finally passed. -------------- -------------- Opposition on Religious Grounds, Alleged U.S. Pressure -------------- -------------- ¶5. (U) The majority of MPs who opposed the amendments did so over the statute banning FGM. Many in Egypt believe FGM to be a religious duty; although rates are on the decline, the most recent official statistics from Egypt's 2005 Demographic and Health Survey indicated that the incidence of FGM among females aged 15 to 49 was a staggering 96 percent. Some MPs also cited Islamic law in objection to raising the marriage age - resulting in the compromise where a separate law still allows "civil registration" under age 18 - and issuing a birth certificate to a child under other than the father's name. The anti-TIP provisions received little opposition from MPs. ¶6. (U) On June 9, MFA Assistant Minister for Multilateral Affairs Naela Gabr publicly denied that the new child protection provisions had been passed due to "American pressures." Although she did not specifically mention it, this was perhaps a reference to the TIP report released on June 4, which opposition newspaper Al Dustour cited as the potential catalyst for the parliament moving so quickly on the child protection amendments. Gabr also stated that the new provisions do not conflict with Islamic law. -------------- USG-Sponsored TIP Training Begins -------------- ¶7. (SBU) Separately, on June 8 the International Organization for Migration funded by G/TIP began a three-week training course for Egyptian police on trafficking in persons. The class will educate 23 Egyptian and two Jordanian security officials about the phenomenon of trafficking and will discuss techniques to investigate traffickers and protect victims in the context of international migration. Additionally, from July 14 to 17 the International Center for Missing and Exploited Children, in cooperation with the USDOJ and Microsoft, will conduct a four day seminar for approximately 50 public prosecutors on combating child pornography on the Internet. -------------- Comment -------------- ¶8. (SBU) These amendments provide Egypt with its first legal framework that specifically tackles TIP, as well as its first law criminalizing FGM. Taken in conjunction with other GOE-sponsored efforts, including the international training efforts, NCCM training on victim protection and services, draft comprehensive anti-trafficking legislation, and a comprehensive study of the trafficking situation in Egypt (ref B),the new legislation shows that the GOE is actively working to improve its anti-TIP posture. We will continue to encourage Egyptian police and prosecutors to arrest and prosecute traffickers under this new framework, to pursue and document pursuit of traffickers under existing law, and to move forward on the other anti-TIP initiatives underway. Scobey