Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the Government’s indication in its latest report that the information previously requested will be provided as soon as it is communicated by the competent authorities. Noting that the Government’s report contains no further information in response to its earlier comments, the Committee expresses the firm hope that the Government will provide, with its next report, detailed information as regards the following points:

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views opposed to the established system. In its previous comments, the Committee drew the Government’s attention to certain provisions of the Penal Code, the Public Meetings Act of 1923, the Meetings Act of 1914 and Act No. 40 of 1977 respecting political parties, which provide for penal sanctions involving compulsory labour in circumstances falling within the scope of Article 1(a) of the Convention:

–      sections 98(a)bis and (d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibit the following: advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State; encouraging aversion or contempt for these principles; encouraging calls to oppose the union of the people’s working forces; constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;

–      sections 98(b), 98(b)bis and 174 of the Penal Code concerning advocacy of certain doctrines;

–      the Public Meetings Act 1923, and the Meetings Act 1914, granting general powers to prohibit or dissolve meetings, even in private places;

–      sections 4 and 26 of Act No. 40/1977 respecting political parties, as amended by Act No. 177/2005, which prohibit the creation of political parties whose objectives are in conflict with the requirement of preserving national unity, social peace or the democratic system.

In its 2009 report, the Government indicates that, according to sections 98(a)bis and 98(d) of the Penal Code, sentences of imprisonment involving compulsory labour only apply for the establishment or participation in an association or organization by any means, in opposition to the fundamental principles of the socialist system of the State, and not for the peaceful expression of political views opposed to the established political system. In this regard, the Committee recalls, referring to the explanations provided in paragraphs 154, 162 and 163 of its 2007 General Survey on the eradication of forced labour, that the opinions and views ideologically opposed to the established system are often expressed in different kinds of meetings or through political parties or associations. The Committee also notes that the above provisions of the Penal Code are not limited to the establishment or participation in such associations or groups, but are as well applied to acts such as the advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State, encouraging aversion or contempt for these principles.

Concerning sections 98(b), 98(b)bis and 174 of the Penal Code as regards the advocacy of certain doctrines, the Government indicates in its 2009 report, that the sentences of imprisonment involving compulsory labour are only applicable against the advocacy of certain doctrines aimed at changing the fundamental principles of the Constitution or the social order, by the use of force or other unlawful means.

While noting this information, the Committee observes that the application of these provisions is not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seems to allow punishment involving the obligation to work to be imposed for the peaceful expression of opinions contrary to the Government’s policy and the established political system.

The Committee therefore hopes that the necessary measures will be taken to bring these provisions into conformity with the Convention, e.g. by clearly limiting their application to acts of violence or incitement to violence. Pending the amendment, the Committee again requests the Government to provide information on the application of these provisions in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

The Committee takes note of the Government’s explanations in its 2009 report according to which Act No. 14 of 1923 (Public Meetings Act) and Act No. 10 of 1914 (Meetings Act) provide for sentences of imprisonment not exceeding six months in case of disruptive meetings conducted without prior authorization. The Committee requests the Government to provide, in its next report, information on the application in practice of the above provisions, supplying copies of relevant court decisions and indicating the penalties imposed.

Regarding the amendment of Act No. 40/1977 concerning political parties by Act No. 177/2005, the Committee notes that the new version of section 4, paragraph 2, prohibits the establishment of political parties in conflict with the requirements of preserving national unity, social peace and the democratic system, and that any act of this kind is subject to a sentence of imprisonment that could involve an obligation to work. The Committee observes that this provision is defined in such general terms that it could be used as a means of punishing the expression of views and may raise questions about its compatibility with the Convention. It therefore requests the Government to provide information on the application of the above provision in practice that could define or illustrate its scope.

Article 1(b). Use of conscripts for purposes of economic development. The Committee refers in this connection to its observation addressed to the Government under the Forced Labour Convention, 1930 (No. 29), likewise ratified by Egypt.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for participation in strikes. The Committee also noted the Government’s indications that sentences of imprisonment imposed under sections 124, 124A, 124C and 374 of the Penal Code on public employees participating in strikes could range from three months to one year, constituting a “simple imprisonment” which does not involve an obligation to work. The Committee also noted that according to article 20 of the Penal Code, the judge may pass a sentence of imprisonment with an obligation to work if the term of imprisonment is one year, which is the maximum term under section 124, paragraph 1. As regards the provision of section 124, paragraph 2, which provides for the possibility of doubling the term of imprisonment, this provision is not compatible with the Convention. The Committee recalls that the Convention lays down a generally worded prohibition to have recourse to any form of forced or compulsory labour “as a punishment for having participated in strikes”. It points out however that the Convention does not prohibit the punishment of acts of violence, assault or destruction of property committed in connection with the strike. The Committee therefore reiterates the firm hope that the adequate measures will be taken to bring the above provisions into conformity with the Convention, by ensuring that no sanctions involving compulsory labour are imposed for the mere participation in a strike. The Committee hopes that, pending the amendment of the legislation, the Government will provide copies of court decisions passed under the abovementioned sections of the Penal Code, if and when such decisions become available.

Article 1(c) and (d). Sanctions involving compulsory labour applicable to seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act 1960, under which penalties of imprisonment (involving compulsory labour) may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) and (d) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee observed that, in order to remain outside the scope of the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons.

The Committee previously noted the Government’s indication in its report that the above Act was being amended. Since the Government’s latest report contains no new information on this matter, the Committee trusts that, in the course of the revision, the provisions of the 1960 Act will be brought into conformity with the Convention and that the Government will supply a copy of the amended text, as soon as it is adopted.

The Committee is raising other points in a request addressed directly to the Government.