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There were several policies and national legislations that existed before the current policy on trafficking. As shown in the figure below, trafficking is not an isolated crime that is only punished by the anti-trafficking law. It has legal basis before law 64/2010. The first legislation through which we can attribute the criminalization of trafficking in Egypt is the 1937 Penal Code. Likewise, the 1961 Suppression of

Prostitution Act punishes any person who incites, assists, or facilitates another person to practice debauchery or prostitution. This is similarly stated in law 64/2010. In 1996 the Child Law criminalized child pornography. The amendment to the child law in 2008

61 added the protection of children from trafficking, sexual, economic, and commercial exploitation.

There were significant social trends that led to policy formation. The most obvious social trend that influences policy formation was the underage marriages. The trend was significant enough for the Grant Mufti to issue a fatwa condemning underage marriage and similar acts. The Fatwa of Aly Gomaa, the Grand Mufti of Egypt, on early marriage is another very significant policy milestone for trafficking in Egypt. The 5-page document details the position of Al-Azhar on the seasonal/temporary marriage

phenomenon in which he refers to it as a façade for prostitution. Gomaa emphasized that this issue is a critical social dilemma through which young girls are forced into degrading situations. He affirms that such cases are not considered marriage due to the fact that the process results in the loss of the purpose of marriage according to Islam. He uses

1937

Penal

Code

1996

Child

Law

62 religious evidence to support his fatwa and declares it illegitimate. The fatwa, which preceded Law 64/2010 is a significant milestone due to the fact that it condemns the most prevalent manifestations of trafficking.

The policy process “proceeds within the contexts of both the specific bureaucratic

styles and capacity of government agencies, and also wider social and political framework and trends of change.” As a result, a fundamental investigation that is

necessary to understand policy is the examination of the style and structure of

government agencies that have the capacity to influence and drive policy. In 2005, the Ministry of Interior established an Office of Organized Crime to serve as the coordinating body for narcotics and trafficking in persons. This body; however, was not sufficient to deal with trafficking in Egypt. As a result there were repeated calls on Egypt to appoint a national coordinating body that would be responsible for overseeing all trafficking related efforts.

Today, the major government institution responsible for trafficking in persons is the National Coordinating Committee for Combating and Preventing Trafficking in Persons (NCCTIP). The committee was first set up by a Prime Ministerial Decree in 2007. Naela Gabr, the first director of the Committee, stated that the committee was “composed of representatives of all competent ministries and authorities, with the aim of coordinating national effort to combat this crime.” Since its establishment, NCCTIP

worked closely on drafting an anti-trafficking law and was able to do so. According to article 28 of this law

63

“A National Committee to Combat Human Trafficking shall be established under the Prime Minister and shall have jurisdiction to coordinate at the national level among policies, plans, and programs set forth to combat human trafficking to protect the victims and provide them with services and to protect the witnesses.”86

As a result of this article, the committee was reestablished by a new decree from the Prime Minister (Decree 2353/ 2010). The committee was later reestablished in 2012 and renamed to become the National Coordinating Committee for Combating and Preventing Trafficking in Persons and Illegal Migration. The committee was situated in the Ministry of Foreign Affairs; however, it was reporting directly to the Prime Minister’s

Cabinet. At the end of 2013, a Prime Minister’s Decree (Decree 1537/2013) reestablished the committee as the National Coordinating Committee for Combating and Preventing Trafficking in Persons. The headquarters was moved to the Ministry of Justice; however, it was still reporting directly to the Prime Minister’s Cabinet. The chairperson of

NCCTIP is always the Deputy Minister of Justice for the Human Rights Sector. In 2014 Decree 380/2014 established the National Coordinating Committee for Combating and Preventing Illegal Migration (NCCPIM). NCCPIM is currently located in the Ministry of Foreign Affairs and is led by Amabassador Naela Gabr. The chairperson of the NCCPIM is appointed by the Minister of Foreign Affairs.

64 Decree

Number

Year Name of Committee

1584/2007 2007 National Coordinating Committee for Combating and Preventing Trafficking in Persons

2353/2010 2010 National Coordinating Committee for Combating and Preventing Trafficking in Persons

239/2012 2012 National Coordinating Committee for Combating and Preventing Trafficking in Persons and Illegal Migration

1537/2013 2013 National Coordinating Committee for Combating and Preventing Trafficking in Persons

380/2014 2014 National Coordinating Committee for Combating and Preventing Illegal Migration

Table 2 History of the National Coordinating Committee for Combating and Preventing Trafficking in Persons