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Viewing cable 09CAIRO386, CAIRO SUBMISSION FOR THE NINTH ANNUAL TRAFFICKING

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Reference ID Created Released Classification Origin
09CAIRO386 2009-03-04 14:32 2011-08-24 16:30 UNCLASSIFIED Embassy Cairo
VZCZCXYZ0000
PP RUEHWEB

DE RUEHEG #0386/01 0631432
ZNR UUUUU ZZH
P 041432Z MAR 09
FM AMEMBASSY CAIRO
TO SECSTATE WASHDC PRIORITY 1791
UNCLAS CAIRO 000386 
 
SIPDIS 
 
DEPARTMENT FOR NEA/ELA, NE/RA FOR CHATTERJI, G/TIP FOR 
YOUSEY 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG
CASC, EG 
SUBJECT: CAIRO SUBMISSION FOR THE NINTH ANNUAL TRAFFICKING 
IN PERSONS (TIP) REPORT 
 
REF: A. 08 STATE 132759 
     B. 08 CAIRO 2483 
     C. 08 CAIRO 2562 
 
1. (U) This cable contains U.S. Embassy Cairo's response to 
Trafficking in Persons (TIP) contribution requirements 
(reftel A).  The following text contains responses to 
paragraphs 23-29 in the original tasking cable. 
 
2. (U) THE COUNTRY'S TIP SITUATION: 
 
-- A. The available sources of information are mainly the 
press, Egyptian government and non-government contacts, and 
TIP experts.  We regularly discuss TIP with officials in the 
Egyptian Ministry of Foreign Affairs (MFA), the National 
Council for Childhood and Motherhood, the Public Prosecutor's 
Office, the Ministry of Justice, the International 
Organization for Migration, UNICEF, and other independent 
activists.  The quasi-governmental National Council for 
Childhood and Motherhood (NCCM) is working on a study on 
early marriages. The National Commission for Combating 
Trafficking in Persons, composed of 16 agencies in the 
Government, has retained the National Council for 
Criminological and Social Studies to carryout a comprehensive 
study on TIP to determine the nature and scope of the problem 
in Egypt. NCCM's Special Trafficking Unit is mandated to 
spread awareness and issue publications on forms of 
trafficking.  Our sources are generally reliable, but several 
are likely to reflect the government's view of the situation. 
 
-- B. Egypt is both a country of origin and a transit country 
for Eastern European women being trafficked to Israel. 
Trafficking occurs within the country's borders, but does not 
occur in territories outside the government's control. 
Street children are the most vulnerable population.  They are 
trafficked locally where they may be forced to beg and 
participate in prostitution. They are subject to abuse and 
sexual assault. It is estimated that there are at least one 
million street children in Egypt, but some NGO's believe that 
the figures could be higher.  In February, Alexandria 
prosecutors revealed that a local gang forced eight street 
children to engage in homosexual acts for which the gang was 
remunerated. There are cases of child marriages where poor 
families, often living in villages, marry their young 
daughters to older men from the Gulf in return for money, 
which is used to assist the family financially. There are no 
statistics on the scope of this practice. Children are 
subject to domestic servitude, but there are no reliable 
statistics on numbers.  Children are also recruited for 
seasonal agricultural work.  Some children employed in 
domestic and agricultural work may face conditions of 
involuntary servitude, restrictions on movement, non-payment 
of wages, threats, and physical or sexual abuse.  Child sex 
tourism is increasingly being reported in Cairo, Alexandria 
and Luxor. There have been no changes in destinations for 
trafficking. 
 
The Government of Egypt does not fully comply with minimum 
standards for the elimination of trafficking, but is 
undertaking significant actions to do so. In July 2007, the 
government established the &National Coordinating Committee 
to Combat and Prevent Trafficking in Persons,8 which 
improved inter-governmental coordination on anti-trafficking 
initiatives. The Committee is currently working on a draft 
for a comprehensive law that will incriminate all forms of 
trafficking in persons. The committee charged the National 
Center for Criminological and Social Research to undertake a 
comprehensive study of the trafficking situation in Egypt. 
The Egyptian Government in June 2008 passed amendments to its 
Child Law, which specifically criminalized trafficking of 
children.  The first case using this law is now making its 
way through the courts. Since the passage of the Child Law 
amendments, the Public Prosecutor's office conducted training 
for 125 prosecutors working on children's cases.  The 
three-day training program, organized with the assistance of 
USAID, defined trafficking in children, addressed prosecutor 
responsibilities for protecting child victims, educated 
prosecutors about street children, and addressed the need to 
provide health and psychological care for child victims. The 
Public Prosecutor's office prepared a handbook that was 
distributed to all prosecutors working with children, which 
explains how to use the child law amendments to prosecute 
cases. The National Committee for Childhood and Motherhood 
(NCCM) formed a special anti-trafficking unit using USD 1 
million of USAID local currency made available through the 
Ministry of International Cooperation.  The establishment of 
this unit strengthens measures to prevent and combat 
trafficking in children through:  1) legislative reform, 2) 
capacity building of governmental and civil society 
 
 
organizations to address issues related to child trafficking; 
3) raising public awareness and community responsibility; 4) 
establishing a mechanism for data collection and analysis; 
and 5) protecting and rehabilitating children at risk and 
their families. NCCM's TIP Unit will also develop a national 
plan of action to combat child trafficking. The unit's goal 
is to provide protection and assistance to victims and 
children at risk, rehabilitate victims of trafficking, 
provide training and awareness, establish a database and 
coordinate activities of governmental and non governmental 
bodies.  The National Council for Women recently established 
a special unit for TIP to push for policies to protect women 
from becoming trafficking victims. 
 
-- C. The conditions that people are trafficked into depends 
on the type of trafficking. Street children remain on the 
streets, but are often abused. Women from Eastern Europe are 
moved from Cairo to the Sinai Peninsula and then to Israel. 
 
-- D. Street children, young females from economically 
underprivileged families, female refugees, and Eastern 
European females going to Israel through Egypt are most at 
risk of being trafficked. 
 
-- E. Traffickers are street children gang members, family 
members, brokers of the early marriages, and external 
organized crime groups (i.e. Russians moving women to 
Israel). Victims in Egypt are usually trafficked because they 
are vulnerable and lack the ability to protect themselves, 
such as street children, young girls, and refugees. 
Traffickers may use money as a motivation for trafficking. In 
the case of early marriages, young females may accept 
marriage to elderly men, often from the Gulf, in return for 
financial assistance to their families. In the case of street 
children, traffickers may approach potential victims to make 
them part of the group or the gang. There are no national or 
official agencies that traffic victims. In the case of early 
marriages it is impossible to ascertain whether all marriages 
take place through marriage brokers. 
 
3. (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP 
EFFORTS: 
 
-- A. Government officials previously noted that Egypt is a 
transit country for Eastern European women trafficked to 
Israel.  However, the government now recognizes problems in 
the trafficking of street children and early marriages. 
 
-- B. Multiple government agencies are involved in 
anti-trafficking efforts especially under the auspices of the 
National Coordinating Committee to Combat and Prevent 
Trafficking in Persons. The lead agency for the Committee is 
the Ministry of Foreign Affairs.  However, 15 other agencies 
are also involved including the Ministry of Justice, Public 
Prosecutor's Office, the National Council for Childhood and 
Motherhood, National Council for Criminological and Social 
Studies, Ministry of Interior, Ministry of Social Solidarity, 
Ministry of Tourism, Ministry of Health and Population, 
Ministry of Information, Ministry of Labor, Ministry of 
Education and the National Council for Women. 
 
-- C. The lack of financial resources is one of the largest 
impediments to the implementation of trafficking laws. 
Additionally, the lack of training for first responders 
(police) impedes implementation.  Prosecutors and judges 
could also use training to help prosecute cases under 
trafficking laws.  Egypt lacks data and statistics on the 
nature and scope of trafficking. Overall corruption is a 
problem, but it is not directly related to trafficking in 
persons.  The government lacks resources to aid victims. 
 
-- D. The government does not systematically monitor 
anti-trafficking efforts in terms of prosecution, prevention 
and protection. However, adopting the comprehensive law on 
trafficking could trigger significant change. 
 
4. (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
-- A. The Child law: Enacted in 1996. It was law no. 12 of 
1996 and amended to law number 126 of 2008 
 
Child Law Amendments: 
 
Article 7 to penal code provision no. 291:  Violating the 
rights of a child to be protected from trafficking is 
unlawful. This includes trafficking, sexual abuse, commercial 
or economic abuse and use of a child in research and 
scientific experiments. Whoever sells, buys or presents a 
child for sale, and whoever sells the child as a slave, 
 
assaults a child sexually or commercially or uses a child in 
forced labor or for any illegal gains is punishable by at 
least 5 years of imprisonment and a fine no less than 50,000 
LE and not more than 200,000 LE. (USD 9,000-36,000). The 
penalty applies even if the act was committed abroad.  The 
same penalty applies on those who incite such acts even if 
the crime was not committed based on this incitement.  The 
penalty is multiplied if committed by an organized 
transnational crime group. 
 
Child Law 
 
Article 64: Takes into consideration the non-violation of 
provision 18(b) of the Education Law no 139 of 1981. It is 
unlawful to employ a child under the age of 15 and it is 
unlawful to train a child before reaching the age of 13. The 
Governor of a specific Governorate can ask the Minister of 
Education to permit children aged 12-14 to engage in seasonal 
work  as long as it does not affect the children's health, 
growth and school attendance. 
 
Article 65: It is unlawful to employ a child in any work that 
can by its nature or its conditions risk the health, 
well-being or morality of a child. It is particularly 
unlawful to employ a child in the worst forms of child labor 
as stipulated in the agreement number 182 of 1999. 
A child should be subject to medical check-up before 
employment. The medical check-up should be conducted at least 
once a year. The employment must not lead to pain, physical 
or psychological impairments to the child and not deprive a 
child from the right to education, leisure, development. The 
employer is obligated to provide health insurance for the 
child and to protect him/her from any harm that could take 
place during work. A child's annual leave is 7 days longer 
than adults and should not be delayed or canceled. 
 
Article 66: A child should not be employed for more than 6 
hours a day and there should be at least one break for lunch 
or rest for at least one hour during the day. A child should 
not work for more than 4 hours consecutively. A child should 
not work overtime or during weekly or official holidays. 
 
Prostitution law:  Enacted in 1961 and called the Law for 
Combating Prostitution. 
 
Prostitution Law: 
 
Article 1(a):  Any person who incites a male or a female to 
practice debauchery or prostitution or tempts them to engage 
in these practices is punished with a minimum of one year of 
imprisonment and a maximum of three years, and a fine between 
100 LE and 300 LE (USD 18-55). 
 
Article 1 (b): If the victim is below 21 years of age the 
imprisonment should be at least one year and maximum five 
years. The same penalty applies to any individual who uses, 
deceives, or encourages a male or a female to commit 
debauchery or prostitution through deception, force, threat, 
misuse of authority or any means of coercion. The penalty 
also applies to whoever keeps a male or a female without 
their consent in a place for prostitution or debauchery. 
 
Article 3: Whoever incites or facilitates a male or a female 
below the age of 21 to travel outside Egypt to work in 
debauchery or prostitution is punished by imprisonment of at 
least one year and at most five years, and a fine between 100 
LE and 500 LE. (USD 18-91). 
 
Article 9: Imprisonment of at least three months and a 
maximum of three years, and a fine between 25 LE to 300 LE 
(USD 5-55) applies to: 
 
any person who rents or provides a place for prostitution or 
debauchery. 
 
any person who furnishes a venue that facilitates 
prostitution or debauchery whether with the person's consent 
or by allowing others to encourage prostitution or debauchery. 
 
any person who habitually practices debauchery or 
prostitution. When arrested, the person maybe sent for 
medical examination. If the person proves to have any 
venereal infectious diseases, he/she will be kept in a 
medical facility until he/she heals from the disease. A 
verdict maybe issued to put the convicted person in a special 
institution after serving the sentence until an 
administrative entity orders his/her release.  However, the 
person may not be kept more than three years. 
 
Venues used for prostitution or debauchery will be closed. 
The closing duration should not exceed three months. 
 
On June 7, 2008, Egypt passed amendments to the current Child 
Law criminalizing the trafficking of children. Under the 
child law amendments, an individual who sells, buys, or 
offers a child for sale may be sentenced to at least five 
years' imprisonment and fined up to LE 200,000 ($36,000). 
 
A Ministry of Justice ruling bans marriages of Egyptian girls 
to foreigners, if the age gap is more than 25 years.  The 
government prosecutes trafficking-related cases under laws 
prohibiting commercial sexual exploitation, with penalties of 
up to seven years imprisonment and forced labor.  The 
government is currently drafting a separate and comprehnsive 
trafficking law.  The law will criminalizeall forms of 
trafficking in persons and will defne all people as possible 
victims, not just childen. 
 
-- B. Prostitution law:  Enacted in 1961 an called the Law 
for Combating Prostitution. 
 
Postitution Law: 
 
Article 1(a):  Any person who icites a male or a female to 
practice debauchery r prostitution or tempts them to engage 
in these practices is punished with a minimum of one year of 
imprisonment and a maximum of three years, and a fine between 
100 LE and 300 LE (USD 18-55). 
 
Article 1 (b): If the victim is below 21 years of age the 
imprisonment should be at least one year and maximum five 
years. The same penalty applies to any individual who uses, 
deceives, or encourages a male or a female to commit 
debauchery or prostitution through deception, force, threat, 
misuse of authority or any means of coercion. The penalty 
also applies to whoever keeps a male or a female without 
their consent in a place for prostitution or debauchery. 
 
Article 3: Whoever incites or facilitates a male or a female 
below the age of 21 to travel outside Egypt to work in 
debauchery or prostitution is punished by imprisonment of at 
least one year and at most five years, and a fine between 100 
LE and 500 LE. (USD 18-91). 
 
Article 9: Imprisonment of at least three months and a 
maximum of three years, and a fine between 25 LE to 300 LE 
(USD 5-55) applies to: 
 
any person who rents or provides a place for prostitution or 
debauchery. 
 
any person who furnishes a venue that facilitates 
prostitution or debauchery whether with the person's consent 
or by allowing others to encourage prostitution or debauchery. 
 
any person who habitually practices debauchery or 
prostitution. When arrested the person maybe sent for medical 
examination. If the person proves to have any venereal 
infectious diseases, he/she will be kept in a medical 
facility until he/she heals from the disease. A verdict maybe 
issued to put the convicted person in a special institution 
after serving the sentence until an administrative entity 
orders his/her release.  However, the person may not be kept 
more than three years. 
 
Venues for prostitution or debauchery will be closed.  The 
closing duration should not exceed three months. 
 
-- C. The Unified Labor Law does not define "forced labor." 
Therefore, there are no provisions against it.  The Egyptian 
Government investigates labor recruiters and agents.  If 
there is any wrongdoing, the case is referred to the 
misdemeanor court on charges of swindling. The confiscation 
of passports is not applicable for Egypt because there is no 
sponsorship (Kafala) system in the country. 
 
On June 2008, the Cabinet discussed amending Law 232 for the 
year 1989 which would &make the transport of illegal 
migrants punishable by imprisonment and fines not to exceed 
LE 200 thousand pounds and not less than LE 50 thousand 
pounds8 (USD 9,000-36,000).  No actions have been taken, but 
it is expected that the parliament will discuss this 
amendment in the near future. 
 
-- D.  Those who exploit, use or incite victims under 
21-years old to practice prostitution shall be sentenced to 
not less than one year and not more than five years 
imprisonment.  Anyone who uses any means of coercion, threat, 
 
or abuses this authority over the victim in order to exploit 
him/her sexually shall be subject to not less than one year 
and not more than seven years in prison. The maximum penalty 
level of seven years imprisonment is used if the perpetrators 
committed crimes against two or more victims.  According to 
article 267 of the Penal Code, rape is punishable by 15 years 
in prison if the perpetrator uses any means for coercion or 
threat, 25 years in prison if committed by family member or 
guardian, and death if accompanied by the abduction of the 
victim. 
 
-- E. On January 16, Egyptian authorities charged 11 people, 
including two U.S. citizens, with involvement in a 
trafficking scheme to buy newborn Egyptian infants for 
illegal adoption. This is the Government's first case using 
the child amendments that prohibit trafficking of children. 
The case is currently making its way through the courts.  The 
original investigation of the case was carried out by the 
U.S. Embassy's Diplomatic Security agents, which helped to 
make the case ready for prosecution (reftels b, c). The 
Public Prosecutor's office noted that Egyptian police do not 
yet possess significant training to deliver trafficking cases 
that are ready for prosecution. 
 
On January 26, Tanta Criminal Court confirmed the verdicts 
issued against the perpetrators convicted of trafficking and 
murdering 24 street children in 2006. In 2006, the Public 
Prosecutor brought six men to trial charged with kidnapping, 
deceiving, molesting, forced prostitution and begging, and 
the murder of 24 street children between April 9 and November 
17 in 2006.  Two received death sentences (Ramadan Abdel 
Rahman Mansour, Farag Mahmoud Al Sayed); Moemen Ahmed Abdel 
Monem was sentenced to 40 years, Ahmed Samir Abdel Moneim was 
sentenced to 45 years, Hamada Mohamed Marouf was sentenced to 
30 years and Mohamed Shaaban was sentenced to 18 years. 
 
In February, the Alexandria Prosecutor's office began an 
investigation into a network that forced street children to 
engage in homosexual prostitution. 
 
-- F. NCCM TIP Unit began training for government officials 
on TIP focusing on prosecutors and judges. NCCM's TIP Unit 
also completed a manual to spread awareness of the selling 
and trafficking of new born babies in hospitals.  NCCM will 
follow up with training to nurses, doctors and psychosocial 
specialists in hospitals. The Prosecutor General issued a 
booklet to all prosecutors dealing with trafficking on how to 
investigate and prosecute trafficking crimes while protecting 
the victims of trafficking.  IOM conducted a special training 
on trafficking in persons and victim protection for 20 police 
officers. 
 
--G. The Prosecutor General told us that the Egyptian 
government will cooperate with other governments in the 
investigation and prosecution of trafficking cases.  The 
Egyptian Government is cooperating with U.S. Diplomatic 
Security on a baby trafficking case (reftels b, c).  The 
government gave no specifics on extraditions. 
 
-- I. There is no evidence of government involvement in or 
tolerance of trafficking, on a local or institutional level. 
 
-- J. There is no evidence government officials are involved 
in trafficking. 
 
-- K. Prostitution is illegal in Egypt and the laws are 
enforced. According to the Egyptian Law for combating 
prostitution, Article 9 stipulates that any person who 
practices prostitution, or rents or provides a place for 
prostitution is subject to imprisonment between three months 
and three years and a fine between LE 25 to 300. ($5-55) 
 
-- L. Egypt has peacekeeping forces deployed to Darfur and 
South Sudan.  We have not been able to ascertain whether 
specific training was offered to these forces on trafficking. 
 
-- M. Sex tourists are usually from Gulf and EU countries. 
We have no information on extraditions.  There are no reports 
of Egyptians involved in extraterritorial sex tourism. 
 
5. (U) PROTECTION AND ASSISTANCE TO VICTIMS: 
 
-- A.  The Government is constrained by lack of resources. 
There is a medical file started for each child victim.  The 
Ministry of Social Solidarity and NGO's provide basic health 
care for victims.  El Orman Orphanage can house children in 
need of protection. 
 
-- B.  There are care facilities with insufficient resources 
 
to meet the needs of all victims. The Ministry of Social 
Solidarity provides shelters, but they are only open during 
the day, and do not provide residence for victims at night. 
Foreign victims do not have the same access to care as 
domestic trafficking victims.  Juvenile detention centers are 
in bad condition, and juveniles may be subject to 
incarceration with adults. Street children generally refuse 
to stay in shelters. Child victims may also be referred to 
their guardians.  El Orman Orphanage can house children in 
need of protection. Egypt does not have specialized care for 
adults or male victims.  The Ministry of Social Solidarity 
offers day-time shelters.  NCCM launched a special center for 
rehabilitation of victims of trafficking in persons. Other 
public shelters such as Hope Village provide assistance to 
victims.   NCCM also operates a free hotline that operates 24 
hours per day, 365 days per year.  Street children and 
victims of violence and abuse can call to receive assistance. 
 
-- C.  The Ministry of Social Solidarity and NGO's provide 
basic health care for victims.  NCCM receives partial funding 
from the government, but it is a quasi-governmental body. 
 
-- D. Victims of trafficking maybe subject to deportation and 
there is no provision of alternative protection. Foreign 
trafficking victims are often returned to their countries of 
origin through their embassies in Cairo, but they are not 
treated as criminals. 
 
-- E. The government does not provide longer-term sheltering 
or housing benefits to victims.  It also does not provide 
resources to aid the victims in rebuilding their lives. 
 
-- F. The government does not have a referral process to 
transfer victims detained, arrested, or placed in protective 
custody by law enforcement authorities to institutions that 
provide short- or long-term care. 
 
-- G. In the absence of a trafficking law, there is no way to 
estimate the number of trafficking victims.  There are 
estimates of at least one million street children in Egypt 
who are subject to trafficking, but there are no exact 
statistics on the actual trafficking cases among street 
children or other forms of trafficking. The same applies with 
early marriages since it is carried out informally. The MFA 
hopes that the study that will be carried out by the National 
Council for Criminological and Social Studies will reveal 
details on the scope and nature of trafficking in Egypt. 
 
-- H. The government's law enforcement, immigration, and 
social services personnel do not have a formal system of 
proactively identifying victims of trafficking. 
 
-- I. There is an effort under way to educate police and 
first responders to the need to protect victims of 
trafficking.  The IOM's training of police and the Prosecutor 
General's Handbook are two examples of this effort.  However, 
in practice street children and prostitutes are still often 
treated as criminals rather than victims especially by the 
security apparatus. 
 
-- J. The government encourages street children to assist in 
the investigation and prosecution of trafficking offenses. 
However, in other cases the government may not push victims 
to testify due to familial and societal ramifications. 
 
-- K. NCCM TIP Unit began training for government officials 
on TIP focusing on prosecutors and judges. NCCM's TIP Unit 
also completed a manual to spread awareness of the selling 
and trafficking of new born babies in hospitals.  NCCM will 
follow up with training to nurses, doctors and psycho-social 
specialists in hospitals.   IOM conducted a special training 
on trafficking in persons for police officers. There is no 
immigration control for identification of potential victims 
at the airport. 
 
-- L. The government does not provide assistance, such as 
medical aid, shelter, or financial help, to its nationals who 
are repatriated as victims of trafficking. 
 
-- M. There are no international organizations or NGO's that 
specifically work with trafficking victims in Egypt. However, 
some organizations such as UNICEF, UNISAM, and Save the 
Children provide general services for women and children, and 
some of the people they assist are trafficking victims. In 
January, NCCM launched a special center for rehabilitation of 
women and children victims of trafficking. 
 
6. (U) PREVENTION: 
 
-- A. There is no official campaign to prevent trafficking 
because the Government is waiting for the results of the 
study on trafficking to target its anti-trafficking campaign. 
 However, there has been wider media reporting on trafficking 
in persons throughout the year, much of it related to the 
efforts of First Lady Suzanne Mubarak. The National Council 
for Human Rights held a seminar and a round table discussion 
on the issue to raise awareness and to bring together 
officials from different ministries, agencies, and experts 
who work on human trafficking. 
 
-- B. The government does not monitor immigration and 
emigration patterns for evidence of trafficking. 
 
-- C. The National Commission for Combating Trafficking in 
Persons led by Ministry of Foreign Affairs was established to 
coordinate and communicate between various agencies on the 
issue.  It has also been charged with drafting the 
comprehensive trafficking law. 
 
-- D. The National Commission and NCCM's TIP Unit both are 
formulating a national plan of action to address trafficking 
in persons. IOM and UN agencies have been included in the 
process. 
 
-- E: We have no information on government actions to reduce 
the demand for commercial sex acts. 
 
-- F. Egyptian nationals do not often participate as 
consumers in child sex trafficking. 
 
-- G. No Information.  However, we have no reports on 
Egyptian troops in UNAMID or UNMIS being involved in 
trafficking. 
 
7. (U) No one to recommend. 
 
8. (U) Not applicable. 
SCOBEY