Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing 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), 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 102 bis 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 Meetings Act (No. 10 of 1914) and the Right to Public Meetings and Peaceful Assemblies Act (Law No. 107 of 2013) granting general powers to prohibit or dissolve meetings, even in private places.

The Committee also previously noted that the following provisions are enforceable with sanctions of imprisonment for a term of up to one year which may involve an obligation to perform labour in prison:

• -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;
• -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 also noted that in a joint letter dated 29 July 2016 issued by several bodies of the United Nations, underlined that Law No. 107 of 2013, which severely limits freedom of peaceful assembly and association, is regularly invoked by the authorities to crackdown on protesters with excessive or unnecessary force to disperse unauthorized demonstrations and other public gatherings, often resulting in serious injuries, detention and sometimes even death of protesters. According to the same document, nearly 60,000 persons have been detained for political reasons from July 2013 to July 2016.

The Committee further noted that in his report presented to the UN General Assembly in June 2017, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, reiterated his utmost concern at the past year’s serious escalation of the crackdown on independent civil society, including on human rights defenders, lawyers, trade unionists, journalists, political opponents and protestors in Egypt (A/HRC/35/28/Add.3, paragraph 548).

The Committee notes the Government’s indication in its report that the following sections of the Penal Code aim at protecting the public interest of the nation from acts that violate public order or harm or expose citizens to danger:

• -section 178(3) (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) (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 reputation of the State);
• -section 98(a) bis and (d) (advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State and constituting or participating in any association or group pursuing any of the foregoing aims);
• -sections 98(b) and (b) bis, and 174 (advocacy of certain doctrines); section 102 bis and 188 (the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security) aim at protecting the public interest of the nation from acts that violate public order or harm or expose the interests of citizens to danger.

With regard to Act No. 10 of 1914 (the Meetings Act) as well as Law No. 107 of 2013 on the Right to Public Meetings and Peaceful Assemblies, the Government states that under the mentioned legislation, public meetings, processions and peaceful demonstrations are rights that all citizens are entitled to. Such rights can be exercised but only in accordance with certain rules in order to avoid disruption of citizens’ interests, vandalism or disruption of economic activities. With regard to Act No. 96/1996 on the Reorganization of the Press, the Government indicates that Parliament approved in July 2018 a draft Act on the Reorganization of the Press and the Media that will amend the Act of 1996 and decriminalize press offences.

Concerning Act No. 84/2002 on non-governmental organizations, the Government states that the penalties provided for the violations cited in section 11 of the Act are imprisonment for less than one year, which do not lead to compulsory labour under section 20 of the Penal Code. This latter, provides that the judge shall hand down a sentence of hard labour (penal servitude) whenever the period of punishment exceeds one year. In all other cases, a light confinement sentence or hard labour may be handed down. On this point, the Committee points out that although section 20 of the Penal Code mainly deals with the sentence of hard labour, section 16 of the Penal Code as well as the provisions of Law No. 396 of 1956 on Prison Regulations provide that all those convicted and sentenced to a penalty of imprisonment are obliged to perform labour within or outside the jail. In this regard, the Committee draw the Government’s attention to the fact that the application 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 compulsory prison labour, as a sanction for holding or expressing political views, or views ideologically opposed to the established political, social or economic system.

Moreover, the Committee observes that in a press release dated 28 September 2018, United Nations Experts (Special Rapporteur on the situation of human rights defenders, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and others) expressed their concern at the human rights defenders’ prolonged period of detention arising from their peaceful exercise of human rights.

Therefore, 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 prison 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), 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.

In view of the above, the Committee, once again deplores that despite the comments it has been making for a number of years, Act No. 10 of 1914 on Meetings, 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 sections 80, 98, 102, 174 and 188 of the Penal Code, have not been amended to bring them in line with the Convention. The Committee therefore strongly urges the Government to take immediate and effective 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 requests the Government to ensure that the provisions of Act No. 10 of 1914 on Meetings, 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 sections 80, 98, 102, 174 and 188 of the Penal Code are amended, by clearly restricting the application of these provisions to situations connected to the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee also requests the Government to take the necessary measures to ensure that the application in practice of the abovementioned legislation does not lead to punishment involving compulsory labour in situations covered by Article 1(a) of the Convention. Lastly, with regard to the amendment to Act No. 96/1996 on the Reorganization of the Press, the Committee requests the Government to provide information on any progress made regarding the adoption of the new Press and Media Act, and to provide a copy of the Act, once adopted. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of these provisions in practice, including sample copies of the court decisions and indicating the penalties imposed, the number of individuals whose penalties involve compulsory prison labour according to sections 16 and 20 of the Penal Code.

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