Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. Since 1964, the Committee has been drawing the Government’s attention to certain provisions under which penal sanctions involving compulsory prison labour (pursuant to sections 16 and 20 of the Penal Code) may be imposed in situations covered by Article 1(a) of the Convention, namely:

• – section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and by 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, or emphasizing aspects which are not appropriate;
• – 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 98(a)bis and (d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibits 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; 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) and(b)bis, and 174 of the Penal Code concerning advocacy of certain doctrines;
• – 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 188 of the Penal Code concerning the dissemination of false news which may harm the public interest;
• – the Public Meetings Act (No. 14 of 1923), and the Meetings Act (No. 10 of 1914), granting general powers to prohibit or dissolve meetings, even in private places.

Moreover, the Committee previously noted that section 11 of Act No. 84/2002 on non-governmental organizations prohibits 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 also noted that sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibit 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 observed 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. The Committee urged the Government to take the necessary measures to bring the above legislation into conformity with the Convention.

The Committee notes the Government’s indication in its report that Act No. 95 of 2003, which repealed Act No. 105 of 1980 concerning the establishment of state security courts, abolished the sanction of hard labour, and therefore the sanctions to which the Committee is referring have been amended, especially with respect to the above provisions.

The Government adds that Act No. 107 of 2013 on the right to public meetings and peaceful assemblies repealed Act No. 14 of 1923 on public meetings. Act No. 107 only punishes acts which violate the rules regulating the holding of meetings, processions and peaceful demonstrations. The Government further states that Act No. 10 of 1914 on assemblies only prohibits assemblies which threaten public peace. Moreover, the penalties specified in this Act do not include imprisonment, unless the persons assembled had weapons, caused any death, or inflicted intentional damage on public buildings and bodies, which reflects a violation of public peace. Finally, the Government indicates that there is a current trend for courts to impose financial fines as a penalty rather than imprisonment, and that it has not been informed of any judicial decisions that have been handed down on the issues raised above.

The Committee also notes the Government’s indication that section 41 of Act No. 96/1996 on the reorganization of the press, as amended by Act No. 1 of 2012, specifies that detention shall not be authorized by the judge, pending investigation of press-related crimes. The Government adds that, subsequent to the 2012 amendment, section 20 of the Penal Code has also been amended to provide that the judge shall hand down a sentence of hard labour whenever the period of punishment exceeds one year. As the penalties imposed for the violations cited in section 11 of Act No. 84 of 2002, and also those set out in sections 20 and 21 of Act No. 96/1996, are for less than one year, they are not all relevant to the Convention.

The Committee notes the information provided by the Government with regard to the sentence of “hard labour”. It observes in particular the contradiction between the Government’s indication that Act No. 95 of 2003 has abolished sentences of hard labour, and section 20 of the Penal Code which establishes penalties of imprisonment with labour whenever the period of punishment exceeds one year. The Committee once again points out that the scope of the Convention is not restricted to sentences of “hard labour” or other particularly arduous forms of labour, as opposed to ordinary prison labour. The Convention prohibits the use of “any form” of forced or compulsory labour as a sanction, as a means of coercion, education or discipline, or as a punishment in respect of the persons within the ambit of Article 1(a) (2007 General Survey, Eradication of forced labour, paragraph 147).

The Committee notes the information provided by the Government with regard to the application of the above provisions of the Penal Code, the Meetings Act (No. 10 of 1914), Act No. 107 of 2013 on the right to public meetings and peaceful assemblies, Act No. 84/2002 on non-governmental organizations, as well as Act No. 1 of 2012 on the reorganization of the press. The Committee observes, however, that in its resolution (2014/2728 (RSP)) of 15 July 2014, the European Parliament strongly condemns and calls for the immediate end to all acts of violence, incitement, hate speech, harassment, intimidation or censorship against political opponents, protesters, journalists, bloggers, trade unionists and civil society activists by state authorities, the security forces and services, and other groups in Egypt (REP8_B(2014)0013_EN.doc).

The Committee also notes that in its recommendations of 24 December 2014, the Working Group on the Universal Periodic Review of the Human Rights Council recommends that the Government strengthen freedom of expression and the media so that all journalists can carry out their activities freely and without intimidation and those imprisoned in connection with their work can be released without delay. The Working Group also recommends that the Government amend Act No. 107 of 2013 on the right to public meetings and peaceful assemblies and review all laws on public assemblies, including the Meetings Act (No. 10 of 1914) (A/HRC/28/16).

In view of the above, the Committee notes with deep concern that despite the comments it has been making for a number of years, the above provisions of the Penal Code, the Meetings Act (No. 10 of 1914), Act No. 107 of 2013 on the right to public meetings and peaceful assemblies, Act No. 84/2002 on non-governmental organizations, as well as Act No. 1 of 2012 on the reorganization of the press, have not been amended to bring them into conformity with the Convention. The Committee once again recalls that restrictions on fundamental rights and liberties, including freedom of expression, may have a bearing on the application of the Convention if such measures are enforced by sanctions involving compulsory labour. Referring to its 2012 General Survey on the fundamental Conventions (paragraph 302), the Committee points out that the range of activities which must be protected from punishment involving compulsory labour, under Article 1(a) of the Convention, include the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and which may also be affected by measures of political coercion. The Committee finally emphasizes that the protection conferred by the Convention is not limited to the expression or manifestation of opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are protected by the Convention, as long as they do not resort to or call for violent means to these ends. The Committee therefore once again urges the Government to take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee expresses the firm hope that the necessary measures will be taken to bring the above legislation into conformity with the Convention, and requests the Government to provide information on the progress made in this regard.

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