which aims to reveal the truth by searching and examining a place granted special inviolability by
virtue of the law. Moreover, the mentioned inspectors have the status of law enforcement officers,
and are subject to the provisions of Decree-Law No. (46) of 2002 promulgating the Code of Criminal
Procedure and its amendments regulating the work of law enforcement officers.
17. It is also noted that clause (c) has established a legal presumption against the owner of the household
that the complaint of the worker is valid if the owner of the household does not consent to the
inspection of the place of residence of the worker. There is no doubt that there is legal suspicion
surrounding this presumption, as there is no causal relationship between refusing to inspect the
place where the worker lives in the employer’s house and the soundness of the complaint. There
may be considerations leading the owner of the household to insist on non-inspection, including
tarnishing of reputation and invasion of privacy.
18. Therefore, it is the view of the NIHR to reconsider the text of Article (17) above, in a way that does
not conflict with the individual’s right to privacy and inviolability of his/her dwelling, which is
guaranteed by the Constitution, legal systems, and international human rights instruments. The
right of the worker to verify his/her complaint should not be given priority over the right to privacy,
which the law accorded to the place of dwelling, in a way that does not contradict the provisions of
the Code of Criminal Procedure issued by Decree-Law No. (46) of 2002 and its amendments.
19. Article (20) of the draft law stipulates that, “(a) The inspectors of the Authority who are appointed
by the CEO to carry out inspections and checks with regard to the execution of the provisions
of this law and the regulations and decisions issued in implementation thereof, shall have the
following powers: (1) Enter the work premises, recruitment offices, and other related sites.
(2) Examine records relating to foreign workers. (3) Check work permits and the identity of
foreign workers. (4) Request the necessary data, documents, and information from employers,
recruitment offices, their representatives, or those responsible for their actual administration.
(b) Employers, recruitment offices, their representatives, or those responsible for their actual
administration shall not obstruct the inspectors of the Authority in performing their duties,
and shall provide them with the correct documents, data, and information required for the
performance of their duties within a reasonable period as specified by the inspectors. (c) The
employees authorized by the Minister of Justice, in agreement with the Minister, shall have the
capacity of legal enforcement officers with regard to the offenses set out in this law, which fall
within their jurisdiction, and are related to their duties. The Reports drawn up in connection to
such crimes shall be referred to the attorney general pursuant to a decision issued by the CEO.”
20. Referring to the provisions of Article (34) of Law No. (19) of 2006 concerning Regulating the Labor
Market and its amendments, which dealt with inspection and judicial arrest of work premises,
branches and offices of employers, recruitment (Manpower) agencies, employment offices, and
other related sites, the NIHR notes that they conform with the provisions of Article (20) of the draft
law in terms of the procedures and the targeted parties, and without changing some of the terms
that do not apply to domestic work, the owner of the household, domestic worker, or recruitment
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