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

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

Referring to its observation under the same Convention, the Committee notes the indication in the Government’s 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 the previous direct request, 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. The Committee draws the Government’s attention, once again, to the following legislative provisions, which provide for sanctions involving compulsory labour:

–      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 interest;

–      section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 regarding the 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;

–      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 regarding the 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;

–      section 172 of the Penal Code concerning incitement to any offence against the security of the State;

–      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 addressed to the Government under the Convention, as well as to the explanations provided in paragraph 153 of its General Survey of 2007 on the eradication of forced labour concerning the restrictions on freedom of expression and other civil liberties which may be imposed as normal safeguards against their abuse.

The Committee again requests the Government to provide information on the application of these penal provisions in practice, supplying sample copies of the relevant court decisions defining or illustrating their scope, in order to enable the Committee to ascertain that these provisions are applied in a manner compatible with the Convention. The Committee also reiterates its request to supply a copy of the text which, according to the Government’s indication, repealed Act No. 33 of 1978 respecting the protection of the Interior Front and social peace, and which the Government promised to communicate to the Office, as soon as it is received from the competent authorities.

The Committee previously noted the provisions of section 11 of Act No. 84/2002 on non-governmental organizations prohibiting associations from performing activities threatening national unity, violating public order, or calling for discrimination between citizens on the grounds of race, origin, colour, language, religion or creed. It has also noted the provisions of sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibiting the following acts: attacking the religious faith of third parties; inciting prejudice and contempt for any religious group in society; and attacking the work of public officials. The Committee notes that the above provisions are enforceable with sanctions of imprisonment for a term of up to one year (section 76(1)(B) of Act No. 84/2002 and section 22 of Act No. 96/1996), which may involve an obligation to perform labour, by virtue of section 20, paragraph 1, of the Penal Code, if the term of imprisonment is one year (which is the maximum term under the above sections), as pointed out by the Committee in the observation addressed to the Government under the Convention. The Committee again requests the Government to provide information on the application of these provisions in practice, supplying copies of any court decisions defining or illustrating their scope, in order to enable the Committee to ascertain that they are applied in a manner compatible with the Convention.

Communication of texts. In its previous comments, the Committee has requested the Government to communicate copies of the text repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps and the laws concerning the enforcement of arbitration sentences. The Committee hopes that the text repealing Proclamation No. 14 as well as the laws concerning the enforcement of arbitration sentences will be communicated in the Government’s next report.