Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Abolition of Forced Labour Convention, 1957 (No. 105) - Egypt (Ratification: 1958)

The Committee has noted the information provided by the Government in reply to its earlier comments.

Article 1(a) of the Convention. 1. In its earlier comments, the Committee noted the following legislative provisions, which provide for sanctions involving compulsory labour:

(a)  section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interests;

(b)  section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 - dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;

(c)  section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and Act No. 93 of 28 May 1995 - production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, emphasizing aspects which are not appropriate, or in any other manner;

(d)  section 172 of the Penal Code (concerning incitement to any offence against the security of the State); and

(e)  section 188 of the Penal Code (concerning the dissemination of false news, etc., which may harm the public interest).

The Committee refers to its observation under the Convention and to the explanations provided in paragraphs 133-134 of its 1979 General Survey on the abolition of forced labour concerning the restrictions to which the freedom of expression and other civil liberties may be subjected as normal safeguards against their abuse. In order to enable the Committee to ascertain that the abovementioned provisions are applied in a manner compatible with the protection afforded by Article 1(a) of the Convention, the Government is requested to provide information on their application in practice, with copies of any judicial decisions which may assist in defining their exact scope.

2. The Committee similarly requests the Government to supply information on the application in judicial practice of section 22 read together with section 21 of Act No. 96 of 1996 on the reorganization of the press, under which penalties of imprisonment (which may involve compulsory labour) may be imposed on journalists or others for dealing with the conduct of a functionary of public works, a person vested with public prosecution quality or those in charge of a public service, unless such dealing is closely connected with their work, or was aimed at the public interest and general welfare.

3. The Committee previously noted that, under Act No. 33 of 1978 respecting the protection of the "interior front" and social peace, any call to oppose the principles of the revolution or to propagate doctrines hostile to the democratic socialist system, or which involves rejection of the laws of heaven or is contrary to their teachings is punishable in accordance with the provisions of sections 98 and 174 of the Penal Code. The Government indicates in its latest report that Act No. 33 of 1978 has been repealed. The Committee requests the Government to supply a copy of the repealing text with its next report.

Communication of texts. 4. In its earlier comments the Committee requested the Government to provide copies of: (a) the text repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps; (b) the laws concerning the enforcement of arbitration awards, referred to in sections 102 and 104 of the Labour Code of 1981; and (c) the full text of the Penal Code with amendments made to date. The Committee takes due note of the Government’s intention to communicate these texts as soon as they are received from the bodies concerned and again expresses the hope that the texts requested will be provided in the near future. It also requests the Government once again to provide a copy of the Act respecting political parties, as amended.