Strategic Review of the Egyptian Goodwill Committee

1. Assessment and recommendations

Abstract

This chapter outlines the key findings of the OECD assessment and summarises key recommendations to uplift Egypt’s child abduction governance arrangements. OECD recommendations have been designed in three streams: enhancement of current governance arrangements, review of multilateral ratification, as well as removal of systemic barriers and the implementation of prevention mechanisms.

1.1. Purpose and vision

Increasing evidence has established a correlation between socio-economic disadvantage, increased legal needs, and an inability to access justice (OECD, 2023[1]). Recognising this connection and taking appropriate action is essential to foster inclusive growth and sustainable development. Access to justice in the context of international parental child abduction cases is particularly unique, given the cross-border dimension and potential for prolonged distress and diplomatic complexity. International parental child abduction cases require a governance framework that is accessible and equitable, ensuring not only that the rule of law is upheld but that international trust and co-operation is nurtured.

In the absence of an effective governance framework, international parental child abduction cases can remain unresolved for extended periods, escalating tensions between the individual parties and states involved. Across 103 contracting states (including all 38 OECD Members) the Hague Convention operates as the standardised governance framework for international parental child abduction case management, enabling consistency of approach and thereby fostering international trust.

In 2000, in lieu of the Hague ratification, the Egyptian Government created the Goodwill Committee (hereafter the Committee) to manage international parental child abduction cases and facilitate their amicable resolution. The Committee has remained operational without review or amendment for the past 24 years. This Strategic Review considers the contemporary Egyptian child justice landscape and examines the mandate, composition and efficiency of the Committee to ensure it remains fit for purpose, responsive to the needs of users and capable of achieving its mandate.

In this context, recommendations to strengthen Egyptian child abduction governance mechanisms are proposed in three streams:

• enhancement of current governance arrangements (by including new institutions, clarifying roles and responsibilities, revising the decree or mandate, streamlining access, improving case management, increasing transparency and promoting awareness)

• review of multilateral ratification (to assess the viability of transforming governance arrangements and aligning with OECD Member country practices)

• implementation of prevention mechanisms (to reduce the overall volume of cases).

The streams of reform recommendations are complementary and not mutually exclusive. For example, if Egypt pursues multilateral ratification, (joining the 103 contracting states that subscribe to the Hague Convention), the enhancement of existing Committee governance processes will remain relevant to managing cases from non-Hague States. Similarly, the implementation of prevention mechanisms will support an overall reduction in the number of cases requiring oversight and governance.

Care has been taken to ensure that recommendations align with the Egyptian Constitution, specifically Article 80, which requires Egypt to endeavour to achieve the best interests of children in all decisions and actions affecting them.1 Throughout this review there is also recognition that children are rights holders, separate from their parents or guardians, and that there is an ongoing need to build a culture of child rights, enabling empowerment and participation in legal proceedings.

1.2. Improve existing governance arrangements

The Goodwill Committee was formed in 2000. Since its establishment significant legislative and constitutional reforms have been adopted, and many new Egyptian governance institutions created. To ensure that the Committee is strengthened and capable of continuing to fulfil its mandate, existing governance arrangements can be enhanced to provide the tools and frameworks necessary to navigate the complexity of the legal landscape, including the nuanced considerations required to assess the best interests of the child. More generally, adoption of the recommendations would support the broader development of a co-ordinated, efficient and adaptable justice system in Egypt.

Irrespective of Egypt’s future decisions on multilateral ratification, uplifting existing governance arrangements will ensure equitable management of cases from all States, including those outside multilateral arrangements. In this regard, the Government of Egypt (GoE) can:

• Include new child justice institutions within the Committee to apply augmented capacity to the consideration of the best interests of the child. Specifically, the OECD recommends the inclusion of the Child Protection Bureau for Child Protection and Persons with Disabilities (CPB-CPPD) and the National Council for Childhood and Motherhood (NCCM) as permanent members.

• Clarify the roles and responsibilities of all members via the development of Terms of Reference (ToR). The ToR should be publicly available and include detail on:

  • The entry pathway to access Committee support.

  • Committee co-ordination processes or stages.

  • Individual Committee member responsibilities.

  • Collective Committee responsibilities and extent of power (including intersection with judicial processes).

• Revise the Committee’s mandate and reissue the authorising Ministerial Decree, to ensure it:

  • Expressly prioritises the considerations of the best interests of the child.

  • Specifically includes the NCCM and the CPB-CPPD as permanent members.

  • Provides a pathway for enforceability (e.g. registration of Committee decisions for judicial seal).

  • Broadens participation mechanisms (e.g. child participation, if appropriate, and virtual sessions).

  • Encourages diversity (e.g. female members and those from diverse religious backgrounds as relevant to the case under discussion).

• Streamline access to the Committee. Existing processes that require users to seek assistance from the Ministry of Foreign Affairs (MoFA), who in turn transmit the request to the Ministry of Justice (MoJ), can be streamlined via the development of a central, dual-channel access pathway (e.g. via usage of mail merge systems). The same access pathway may be used for follow-up inquiries, allowing individuals to easily seek updates on the progression of their cases, minimising confusion and enabling more human-centred, user-friendly access.

• Enhance procedural case management, reference materials and training support to enhance the operational capabilities and professional acumen of the Committee, including the development of:

  • A case management system to track deadlines, monitor progress, manage critical documents and prioritise urgent matters.

  • Case management guidelines to consolidate all relevant reference materials, and provide clear and comprehensive guidance on the interpretation of governing laws and procedures.

  • An ongoing training schedule to help develop expertise and cohesive understanding across the justice system (Committee members, Judges and the legal profession or bar association).

• Enhance transparency via robust monitoring and evaluation processes, including the development of a comprehensive set of baseline metrics to increase transparency and provide actionable insights enabling evidence-based decision making (resource allocation, trend identification, etc.).

• Promote awareness of the Committee via the development of a comprehensive communications strategy for raising awareness and facilitating access. The communications strategy may propose the development of:

  • A user-friendly website, serving as a central hub of information. The website should be supplemented by informative brochures, FAQs and clear access pathways, including contact information in multiple languages.

  • A social media strategy, including detail on the use of online expatriate discussion sites and the social media platforms of Committee members.

  • Regular in-person forums, between members of the Committee and foreign Cairo-based embassies to facilitate direct communication, allowing for an ongoing, fluid exchange of information and the development of stronger relationships.

  • Standardised embassy communications, ensuring that new laws or decrees (relevant and applicable to foreign citizens) are systematically circulated.

1.3. Assess the viability of multilateral governance

The GoE may also consider reviewing the viability of ratifying the Hague Convention as the primary multilateral framework governing child abduction to ensure governance reforms are comprehensive and consider all available reform options, while undertaking an uplift of existing governance arrangements. Hague Convention ratification would enable Egypt to strengthen its commitment to the rule of law, demonstrate regional leadership and commitment to child rights, and align with the child abduction governance framework of all 38 OECD Members. To this end, it is recommended that the GoE:

• Undertake a review process to assess the viability of multilateral ratification.

1.4. Remove systemic barriers and consider prevention mechanisms

The most prevalent child abduction concern in Egypt is children entering, rather than leaving the country. After entry, Egyptian parents are not required to disclose the address of their children and can seek the imposition of a travel ban (including in situations where the non-accompanying parent remains abroad) to prevent the child’s departure. During consultation, concern was expressed that issues with locating children, together with the usage of child travel bans, can operate as systemic barriers.

Additional preventative mechanisms that the GoE may wish to consider to address or mitigate the volume of child abduction cases may include:

• Referring child travel ban applications involving a foreign parent to the Committee so that reports on appropriateness may be prepared before any court decision. The involvement of the Committee in this context may provide another layer of oversight and ensure child travel bans are made only when consistent with the best interests of the child.

• Requiring parents entering Egypt with their children to register their contact or location details upon entry via an amendment to the existing entry cards required to be completed at the port of entry.

• Provide awareness counselling for couples of mixed nationalities before marriage and after birth registration to ensure that both parties have a clear understanding of custodial rights and the Egyptian child abduction governance frameworks.

References

[1] OECD (2023), Towards a Child-friendly Justice System in Egypt: Implementing the Sustainable Development Goals, OECD Publishing, Paris, https://doi.org/10.1787/9f5b0524-en.

Note

← 1.  Article 80, Constitution of The Arab Republic of Egypt 2014.