Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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:

• – sections 98(a)bis and 98(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; 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.

It noted that the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association in his report of June 2017, reiterated his utmost concern at the 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 information in its report that offences under sections 98(b), 98(b)bis and 174 of the Penal Code shall be punished with imprisonment only if it involves the use of force or violence or terrorism. The Committee, however, observes that the provisions under sections 98 (b)bis and 174 of the Penal Code do not refer to the use of force or violence for prescribing the penalties of imprisonment. The Committee therefore urges the Government to ensure that sections 98(b), 98(b)bis and section 174 of the Penal Code are amended, without delay, 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. It requests the Government to provide information on any measures taken in this regard.

With regard to sections 98(a)bis and 98(d) of the Penal Code, the Committee notes that penalties of imprisonment shall be imposed for their violation. The Committee notes that pursuant to section 16 of the Penal Code all those convicted and sentenced to a penalty of imprisonment are obliged to perform labour within or outside the jail. However, according to section 24 of Law No. 396 of 1956 on Prison Regulations, persons sentenced to simple imprisonment may not work, unless they so wish. Furthermore, section 2 of Decision No. 79 of 1961 on Prison Regulations require persons sentenced to simple imprisonment to submit a written request if they wish to work. Noting that section 16 of the Penal Code provides for the obligation to perform compulsory labour by persons sentenced to imprisonment, the Committee requests the Government to ensure that no form of compulsory labour is imposed in circumstances covered under sections 98(a)bis and 98(d) of the Penal Code.

The Committee further notes that the penalties prescribed for the violation of the provisions of sections 80(d), 98(b), 98(b)bis, 102bis and 188 of the Penal Code, shall be detention. The Committee observes that the Penal Code does not indicate whether persons convicted to detention are under an obligation to work either within or outside the prison. The Committee therefore requests the Government to clarify whether persons convicted to detention as per sections 80(d), 98(b), 98(b)bis, 102bis and 188 of the Penal Code are obliged to perform compulsory labour and to provide a copy of the provisions that substantiate otherwise.

Furthermore, the Committee, in its previous comments, noted the following provisions that are enforceable with sanctions of imprisonment 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 notes the Government’s information that Law No 84 of 2002 has been repealed by Act No. 70 of 2017 on Associations and other Foundations in the field of Civil Work. However, the Committee notes that the activities under section 14 of Act No. 70 of 2017, correspond to those set forth under section 11 of the former Act for which penalties of imprisonment for one year or more shall be prescribed. In this regard, the Committee notes that according to section 20 of the Penal Code, 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. The Committee urges the Government to take the necessary measures to amend the above-mentioned provisions, either by repealing them, by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour with other kinds of sanctions (e.g. fines), in order to ensure that no form of compulsory labour (including compulsory prison labour) may be imposed on persons who, without using or advocating violence, express certain political views or oppositions to the established political, social or economic system. It also requests the Government to provide information on any progress made in this regard.

As regards Act No. 96 of 1996, the Government indicates that it has been repealed by Act No. 180 of 2018 Regulating the Press, Media, and the Supreme Council for Media Regulation which decriminalizes press offences. The Committee notes with interest that the list of sanctions for violations of Act No.180 of 2018, published in the Official Gazette on March 18, 2019, does not include imprisonment (which could involve an obligation to perform work).

Application in practice. The Committee requests the Government to provide information on the application in practice of the abovementioned provisions, including copies of the court decisions, and indicating the prosecutions carried out, the penalties imposed and the grounds for such decision.