Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Egypt (Ratification: 1960)

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

The Government has communicated the following information:

1. In paragraph 1 of its observation, the Committee of Experts referred to Presidential Decision No. 214 of 1978 and to the two laws adopted in conformity with this decision, namely Act No. 33 of 1978 respecting the protection of the home front and social peace and Act No. 95 of 1980 respecting the protection of values. In reply to these comments supplied, the Government maintains the information supplied in its preceding reply to which the Committee has referred. Furthermore, the Government indicates that the Egyptian legislation authorizes adhesion to any opinion, whether political or religious. Only the call for denying religions, the exercise of an activity prejudicial to the security of the State, the call for use of violent methods or recourse to such methods would be punished. Adhesion to any opinion is entirely authorized. Only the appeal to certain aberrant opinions which are contrary to the fundamental principles of society, established in the Constitution, and the call for violence are forbidden. Any persons against whom a measure is taken in this respect may have recourse to the judiciary. This is in conformity with the letter and the spirit of the Convention.

2. In paragraph 2 of its observation, the Committee of Experts recalls that it has raised the point of incompatibility of section 18 of Act No. 148 of 1980 respecting the power of the press, with the principles of the Convention. In this respect, the Government states that the persons not allowed to publish or to participate in the publication of newspapers are those affected by a ban on the exercise of their political rights or of the right to form political parties, those professing doctrines rejecting the divine laws and persons convicted by the Court of Moral Values.

3. The Committee of Experts has also noted that Act No. 33 of 1978 limited the freedom of publication and distribution by means of the press or other means of information. The Government states that the Egyptian legislation does not forbid any group or person having political or religious opinions to exercise the profession of journalist or to express opinions through a journalist. The prohibition in section 18 of the Act concerned persons against whom final decisions had been handed down. This ban may be considered to be part of the supplementary sanctions which are known in all penal legislation and which aimed at ensuring the integrity of the press, which is not contrary to the provisions of the Convention. The Government mentions that section 4 of Act No. 33 of 1978 was declared to be unconstitutional by the Constitutional Tribunal on 21 June 1986 (Case No. 56, judicial year VI; decision published in the Official Journal No. 27 of 3 July 1986).

In addition, a Government representative stated that Presidental Decision No. 214 of 1978 respecting the protection of the home front and social peace had been issued in the context of a basically socialist regime but that since then his country had undertaken structural reforms in order to encourage private initiative and promote a market economy. In the light of recent changes, the Government had undertaken, in collaboration with the ILO, a review of certain laws concerning in particular fundamental freedoms, freedom of association and equality of opportunity and treatment in employment. However, the modification of these aspects of the legislation required time. The Government was trying to guarantee non-discrimination in law as well as in practice in conformity with the Convention. A reply to the 1993 observation of the Committee of Experts had already been supplied to the Office. Reference was also made to the previous responses of the Government.

The Workers' members recalled that Presidential Decision No. 214 excluded persons convicted of maintaining principles contrary to the divine law from senior posts in the public administration and the public sector and also prohibited them from publishing articles or engaging in work that might influence public opinion. According to the Government representative, Egypt was making an earnest effort to cooperate with the ILO and to modify the legislation in order to ensure its conformity with the Convention. Moreover, according to the Government representative, the Government did not apply in practice the provisions and this was contrary to Article 1 of the Convention. In this respect, the Committee of Experts had recalled as usual that the wording of the law also had to be brought into conformity with the Convention. The Government representative was thanked for the good intent which he had shown and the efforts which were promised to eliminate any incompatibilities.

The Employers' members, recalling that this case had already been examined by the Conference Committee in 1991, considered that the restrictions in the domain of employment resulting from provisions which restricted freedom of expression, were of a discriminatory nature which was contrary to the provisions of Article 1 of the Convention. However, the Government had stated that these provisions were incompatible with the Constitution and were not applied in practice. The Committee of Experts had recalled that the expression of religious, philosophical or political views should be allowed in the absence of the use of, or the incitation to, violence. However, this point of view, based on law, raised certain problems which should be reflected on during the examination of this case. Lately there had been an increase in religious extremism which, without explicitly inciting, was by its nature an encouragement to carry out acts of violence. Everybody knew that Egypt had to face acts of terrorism fed by religious and political fanatics and the Government's concerns were understandable. In practice, a balance had to be found so that the necessary protection of freedom of expression did not encourage extremists. Although a delicate task, the Government was earnestly trying to remove the restrictions existing in the legislation and to interpret them so that no political discrimination could take place. It was hoped that the Government would quickly take measures to this end. When the Committee of Experts examined the results obtained through these measures on the basis of a detailed report, this Committee could once again readdress the issue.

The Workers' member of Italy emphasized that the existence of discrimination was contradictory to the powerful tradition of tolerance in Egypt and could only be explained in the international context. By repealing this discriminatory legislation, the traditional spirit of tolerance in Egypt would once again be renewed.

The Government representative specified that the Constitution and the Egyptian laws guaranteed freedom of opinion and equality before the law to all citizens. Only atheist propaganda and recourse to violence were prohibited.

The Committee noted the information supplied by the Government representative. The Committee stated that it shared the opinion of the Committee of Experts that specific measures were required to remove the possibility of discrimination in employment on the basis of religious or political opinions. The Committee expressed the hope that the revision under way of the national legislation would ensure its conformity with the provisions of the Convention. The Committee stated that it hoped that the Committee of Experts would receive information on this subject in the next report of the Government. In particular, the Committee expressed the firm hope that, in the very near future, there would be an amendment to Presidential Decision No. 214 of 1978, to section 18 of Act No. 148 of 1980 with regard to the power of the press, as well as to Act No. 33 of 1978 respecting the protection of the home front, with a view to bringing national law and practice into full conformity with this fundamental Convention. The Committee reminded the Government that it could ask for technical assistance from the Office, if it so wished.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

A Government representative recalled that the Egyptian Constitution stipulated in article 151 that international treaties should have the force of law after their ratification. He also recalled the national constitutional provisions relating to the equality of rights issues. With reference to point 1 of the Committee of Experts' observation, the speaker pointed out that Presidential Decision No. 214 of 1978, referred to by Experts, ensured respect for the religions without discriminating between them. He indicated that this Decision did not violate the provisions of Article 1, paragraph 1(a), of the Convention, but rather was in conformity with the provisions of Article 4 of the Convention. The rationale of this decision was to combat all forms of fundamentalism and terrorism with a view to maintaining the values of the community and to achieving the welfare of the people, including the working class. The speaker informed the Committee that many exceptions to the National Constitutional provision dealing with the equality of rights had been annulled as a matter of law, and stated that the denunciation of these exceptions was aimed at upholding the principle of non-discrimination and equality of opportunities which was laid down in the international labour instruments. Some recent judgements of the Supreme Constitutional Court followed the same direction.

As regards point 2 of the Committee of Experts' observation, the Government representative clarified that section 18 of Act No. 148 of 1980 respecting the power of the press did not restrict the right of any citizen to express his views through the various means of mass media, since the Act only regulated the ownership and publication of newspapers. He emphasised, however, that this Act would be repealed on the occasion of the revision of the law of the press. He also pointed out that all the comments and remarks of the Committee should be the subject of vigorous study by the competent authorities.

The Workers' members noted that the Presidential Decision No. 214 of 1978 went beyond the scope of application of the exception provided for in Article 4 of the Convention and insisted that the Government should adopt measures necessary to re-examine the texts in question. As regards section 18 of Act No. 148 of 1980, they pointed out that the Government reiterated its previous declarations according to which this provision should be repealted. They insisted that such a repeal should take place in the nearest future.

The Employers' members, with regard to the Decision No. 214 of 1978, recalled the Government's indications concerning the priority of the national Constitution and the non-application in practice of provisions in question, and stated that both arguments were sufficient to repeal these provisions. As regards the reference to state security which made such provisions possible, it was not sufficient because the scope of the exception provided for in Article 4 of the Convention did not comprise religious or philosophical views. Concerning section 18 of Act No. 148 of 1980, the Employers' members emphasised that participation in press activities or publications, as well as the professional activity as an employer, were also protected by the Convention. They invited the Government to reconsider its position and expressed the hope that the results of it would be communicated by the Government in its next report for the examination by the Committee of Experts.

The Government representative, with reference to the Workers' members comments, repeated his previous statement concerning Act No. 148 of 1980.

The Committee took note of the information supplied by the Government representative and of the discussions which took place in the Committee. It noted that serious discrepancies persisted in relation to the provisions of the Convention both the in the national law and in practice. The Committee firmly hoped that the Government would take all the necessary steps in the near future in order to ensure full application of the Convention and would thus be able to report substantial progress in its next report.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee notes with interest that Decree No. 43 of 2021 on occupations in which women cannot be employed revised Ministerial Decree No. 183 of 2003 on the employment of women on night shifts so as to allow night work for women (section 1). In this regard, the Committee notes that Egypt has ratified the Night Work (Women) Convention (Revised), 1948 (No. 89). The Committee encourages the Government to consider launching the process of denunciation of Convention No. 89 and ratifying the Night Work Convention, 1990 (No. 171) which is not devised as a gender-specific instrument but focuses on the protection of all those working at night.

The Committee notes that Decree No. 43 of 2021 also revised Decree No. 155 of 2003 and provides that: (1) the list of occupations in which women cannot be employed has been restricted to work in mines and quarries of any kind, and all work related to extraction of metals and stones from underground (section 1); and (2) women’s work in occupations involving risks and hazards (chemical, physical, and biological hazards) that pose harm to their reproductive health or the health of their children or foetuses is prohibited during pregnancy and breast-feeding periods (section 3). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Restrictions to women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment for men and women, unless they are genuine protective measures in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore, such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protection purposes. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see 2012 General Survey on the fundamental Conventions, paragraph 840). Consequently, the Committee asks the Government to consider reviewing, in consultation with employers’ and workers’ organizations, section 1 of Decree No. 43 of 2021, in light of the principle of gender equality and technological developments, in order to ensure that any protective measures taken are strictly limited to maternity protection and/or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, in particular their access to posts with career prospects and responsibilities. The Committee asks the Government to provide information on any development in this regard.

Women judges. Referring to its previous comments and in the absence of information provided by the Government, the Committee asks once again theGovernment to provide information on the number of female judges appointed by year and the overall number of women and men judges, disaggregated by sex, in the different branches and levels of the judicial system.

Article 1(1)(a). Discrimination on the basis of religion. In the absence of information regarding the identity documents and birth certificates of Baha’i in the Government’s report, the Committee recalls that the absence of mention of religion on the identity documents or birth certificates could indirectly result in discrimination based on religion in that such an absence infers that the holder of such documents is presumably a member of an unrecognized religious minority. The Committee therefore asks once again the Government to provide information on the practical impact of the Administrative Court of Appeal ruling of March 2009 on the employment of so-called unrecognized religious minorities and on the specific situation of Baha’i in employment and occupation. It once again reiterates its request to the Government to provide information on the measures taken or envisaged to promote and ensure, in law and in practice, equality of opportunity and treatment in employment, with respect to access to education, training and employment of those belonging to unrecognized religious minorities.

Articles 2 and 3. Promoting equality of opportunity and treatment for men and women. The Committee notes that the Government has not replied to its previous comments. It notes, from the 2022 Global Gender Gap Report from the World Economic Forum, that Egypt ranked 129th out of the 146 countries in the Global Gender Gap Index. Moreover, only 15 per cent of the working-age women are participating in the economy, compared to 67 per cent of men. The Committee also takes note of the Government’s report on the implementation of the Beijing Declaration and Platform for Action, 1995 (Report Beijing +25) according to which the 2030 National Strategy for the Empowerment of Egyptian Women was adopted in 2017. The Strategy contains 34 indicators of sustainable development goals and is made up of four pillars: political empowerment and leadership; economic and social empowerment; protection; legislation and culture as cross-cutting pillars. The National Women’s Council also established the Egyptian National Observatory for Women (ENOW) to ensure strict follow-up of the Strategy and to monitor its implementation. In the report Beijing+25, the Government acknowledges that there are still a number of social and cultural traditions that prevent women from enjoying their rights, especially in rural communities and regions, because of women’s lack of awareness of their rights (p. 10). In this regard, it indicates that it has launched awareness raising campaigns, such as the “Knocking doors” which targeted 6 million women through field visits over three years. The Committee also takes note of the information contained in the Government’s report submitted this year under Article 19 of the ILO Constitution. It notes in particular that: (1) the Gender Equality Unit was established pursuant to Minister of Manpower Decree No. 1 of 2019; and (2) the unit carried out various activities to raise awareness about the right to gender equality in all areas of work; to eliminate all forms of discrimination against women; to empower women economically and to help them to reconcile their family responsibilities. The Committee further notes that under section 94 of Labour Law No. 12 of 2003, female workers working in an establishment where 50 workers or more are employed shall have the right to leave without pay for a period not exceeding two years to care for her child. Also, pursuant to section 96 of Labour Act and section 73 of Child Act No. 126 of 2008, an employer who employs 100 female workers or more in the same place shall establish a nursery school or assign to a nursery school care of the female workers' children. The Committee asks the Government to provide information on the implementation and impact of the measures taken in the framework of the 20230 National Strategy for the Empowerment of Egyptian Women or otherwise, in particular measures to increase women’s participation in a wider range of occupations, including those that are not non-stereotypically women’s jobs and in decision-making positions. It also asks the Government to provide information on the steps taken to:

• (i)ensure equal access for men and women workers to all measures and schemes aimed at integrating work and family responsibilities;
• (ii)continue to develop childcare facilities; and
• (iii)address gender stereotypes and prejudices in that regard. Finally, it asks the Government to provide statistical information on the participation of men and women in the labour market, disaggregated by sector, and occupational category, if possible, in both the public and private sectors.

Enforcement. In the absence of information in the Government’s report, the Committee once again asksthe Government to provide information on the number, nature (ground invoked) and outcomes (success rates, sanctions imposed and compensation granted) of cases of discrimination dealt with by the labour inspectorate, the courts, or any other enforcement authorities.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. Protection against discrimination. Legislation. Private sector. With respect to the absence of comprehensive anti-discrimination provisions in the Labour Law No. 12 of 2003, the Committee observes that: (1) there is no definition and no explicit prohibition of discrimination; (2) sections 35 (discrimination in wages), and 120 (employment termination) of the Labour Law, while providing some protection against discrimination, do not cover all discrimination grounds enumerated by the Convention and do not apply to access to employment and all terms and conditions of work, and do not appear to address indirect discrimination; and (3) section 4(b) of the Labour Law explicitly excludes domestic workers from its scope of application. The Committee notes that, in its report, the Government merely refers to the same provisions of the Labour Law and the Constitution of 2014. In this regard, the Committee observes once again that: (1) article 53 of the Constitution provides that all citizens are equal before the law, without discrimination based on religion, belief, sex, origin, race, colour, language, disability, social class, political or geographical affiliation, or for any other reason; (2) the text of the Constitution excludes non-citizens from its application, while the Convention covers both nationals and non-nationals; and (3) the provisions of the Constitution do not appear to be directly invoked in civil proceedings by employees in the private sector. In this regard, the Committee highlights that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and that a more detailed legislative framework is required (see 2012 General Survey on the fundamental Conventions, paragraph 851). The Committee further takes note of the draft Law on the Regulation of Domestic Workers’ Employment of 2022, drafted with the technical assistance of the ILO, and welcomes the inclusion in section 4 of the prohibition of discrimination on the grounds of “religion, creed, gender, race, ethnicity, colour, language or asylum status or for any other reason resulting in a breach of the equal opportunity principle”.

Public service. In the absence of relevant information in the Government’s report and in the absence of explicit anti-discrimination provisions in Act No. 47 of 1978 on the Civil Service, the Committee recalls the obligation of ratifying States to ensure and promote the application of the principles of the Convention to all workers, including public servants (see 2012 General Survey on the fundamental Conventions, paragraphs 741 and 742). The Committee notes the information provided by the ILO Decent Work Technical Support Team for North Africa and Country Office for Egypt and Eritrea (DWT/CO–Cairo) that the draft new Labour Law was approved by the Upper House and will be submitted to the Lower House.

Consequently, the Committee urges the Government to take the necessary steps to ensure that the revised Labour Law will include provisions: (i) clearly prohibiting and defining direct and indirect discrimination based on at least the seven grounds listed in the Convention (namely, race, colour, sex, religion, political opinion, social origin and national extraction); (ii) covering all stages of employment, including recruitment, promotion and terms and conditions of employment; and (iii) specifying preventive measures and remedies available for victims and sanctions for authors of discrimination. The Committee also asks the Government to take steps to include such provisions in the Civil Service Law (Act No. 47 of 1978). Furthermore, the Committee urges the Government to take the necessary measures to expedite the process of adoption of the Law on domestic workers to ensure their protection against discriminatory practices, in accordance with the Convention.

Article 1(1)(a). Discrimination on the basis of sex. Sexual harassment. The Committee recalls the absence in the Labour Law as well as in the Civil Service Law (Act No. 47 of 1978)of provisions protecting workers against sexual harassment and the importance of clearly defining and prohibiting sexual harassment in employment and occupation. It further recalls that, while the provisions of the Penal Code (Act No. 58/1937), as amended by Act No. 50/2014 (sections 306A bis and 306B bis) address certain forms of sexual harassment, they still define sexual harassment too narrowly and do not cover the full range of behaviours that may constitute sexual harassment in employment and occupation. The Committee recalls that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. Noting that the Government’s report is silent on this issue, the Committee notes with regret the absence of progress in developing an appropriate framework defining, prohibiting and addressing all forms of sexual harassment specifically in employment and occupation, and refers the Government to paragraphs 789 and 792 of its 2012 General Survey on the fundamental Conventions for more details on sexual harassment. The Committee wishes to recall that in its general observation of 2002, it highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) any conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). The Committee further notes that, according to the information provided by the DWT/CO–Cairo, the draft Labour Law contains provisions on sexual harassment. In light of the above, the Committee urges the Government to take the opportunity of the revision of the Labour Law to ensure that it includes a clear definition and prohibition of all forms of sexual harassment and establishes mechanisms for prevention and redress, including appropriate sanctions and compensation. It also asks the Government to take steps to include such provisions in the Civil Service Law (Act No. 47 of 1978). Finally, the Committee asks the Government to provide information on any awareness-raising measures taken, in cooperation with the social partners, with a view to preventing and eliminating sexual harassment in employment and occupation both in the public and private sectors.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. Discrimination on the basis of religion. With reference to its previous comments regarding equality of opportunity and treatment of religious minorities, the Committee notes that the Government continues to reiterate its position that no discriminatory impact can result from judgment No. 10831-54q of 16 March 2009, of the Administrative Court of Appeal which ruled that the Baha’i are entitled to obtain identity documents and birth certificates without mentioning any religion (whereas those belonging to other religions will still have their religion specifically noted on such documents). The Committee notes that the Government also considers, as in the past, that the provisions of the new Constitution of 2014 guaranteeing equality of citizens before the law ensure that discrimination on the basis of religion is effectively prohibited in practice. Recalling that the absence of mention of religion on the identity documents or birth certificates could indirectly result in discrimination based on religion in that such an absence infers that the holder of such documents is presumably a member of an unrecognized religious minority, the Committee encourages the Government to undertake an examination of the prevalence of any discriminatory practices against members of unrecognized religious minorities in employment and occupation, and to provide information on any steps taken in this regard. It once again reiterates its request to the Government to provide information on the measures taken or envisaged to promote and ensure, in law and in practice, equality of opportunity and treatment in employment, with respect to access to education, training and employment of those belonging to unrecognized religious minorities.

Articles 2 and 3. Public service. Regarding the exclusion of public officials from the Labour Code pursuant to section 4 (their employment being governed by Act No. 47 of 1978), the Committee had noted previously that, in the absence of a clear legislative framework supporting equality and non-discrimination, it needs to be shown that such rights are ensured for workers in the public service, and had recalled the obligation of governments to ensure and promote the application of the principles of the Convention to all workers, including public officials (2012 General Survey on the fundamental Conventions, paragraphs 741–742). The report of the Government being silent on this issue, the Committee firmly hopes that, in the context of the current legislative review, the Government will examine the need to provide effective protection against discrimination for public officials, and asks the Government to provide information in this regard. The Committee also asks the Government to provide information on any specific measures taken to promote and ensure equality of opportunity and treatment in the public service, including specific information on the activities carried out by the units on equal opportunities set up in the ministries.

Equality of opportunity and treatment of men and women. Previously, the Committee had asked the Government to provide statistical data on the distribution of men and women in the various economic sectors and occupations. The Committee notes the statistics provided by the Government indicating that the employment rate of women in the private sector was 59.3 per cent (compared to 74.7 per cent for men); 37.8 per cent in the government sector (compared to 19.3 per cent for men); 1.4 per cent in the public sector (compared to 3.7 per cent for men). In response to the Committee’s request for information on the specific measures taken and results achieved in the context of the various activities and policies concerning the promotion of gender equality in employment and occupation mentioned in its previous report, the Government merely refers to the legal framework regulating women’s employment. The Committee further notes that the Department on Women’s Affairs in the Ministry of Manpower and Migration is henceforth the body which formulates policies, plans and programmes promoting women’s employment and identifies and addresses obstacles encountered by women in the world of work. The Committee therefore requests the Government to provide detailed information on the work of the Department on Women’s Affairs and other relevant bodies regarding the promotion of gender equality in employment and occupation, including the creation of job opportunities for women and the removal of obstacles to women’s entry into the formal labour market, the increasing of women’s participation in the broadest possible range of economic activities, including non-traditional occupations and self-employment, and vocational training programmes, and the results achieved of the measures taken. In the absence of any information regarding the implementation of development projects targeting rural women mentioned in the Government’s previous report and their impact on the economic situation of such women, in particular regarding the elimination of unpaid work performed by women in agricultural family enterprises, the Committee reiterates its request for more information in this regard. The Committee also invites the Government to consider undertaking a statistical report on the situation of women in Egypt, and to provide information on any steps taken in this regard.

Female judges. While noting the general information provided by the Government on the number of female judges appointed, the Committee asks the Government to provide up-to-date statistics on the number of women and men in the judicial system (the different branches of the courts and levels), and on the nature and number of judgments handed down by female judges, and the courts concerned.

Articles 2 and 5. Prohibition of women performing certain occupations. The Committee notes the information provided by the Government according to which section 2 of Order No. 155 of 2003 specifies that the range of employment restrictions for women is to be reviewed periodically to take into consideration new developments and that the Government will inform the Committee of any new amendments adopted in this regard. The Committee wishes to emphasize that a major shift over time has occurred from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. Protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which comes within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (2012 General Survey, paragraphs 838–839). Consequently, the Committee asks the Government to continue to provide information on the steps taken to initiate a review pursuant to section 2 of Order No. 155 of 2003, with a view to ensuring that any restrictions on work that can be undertaken by women is strictly limited to maternity protection.

Enforcement. The Government indicates that no new judicial decisions regarding discrimination have been handed down in the reporting period. The Committee asks the Government to continue to provide information on any cases dealt with by the National Women’s Council, the labour inspectorate or the courts concerning compliance with the national legislation on discrimination.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Protection against discrimination. Legislation. For a number of years, the Committee has been commenting on the existence of gaps in the legislative protection against discrimination. In particular it noted that the relevant provisions (sections 35, 88 and 120) of the Labour Code of 2003, while providing some protection against discrimination in relation to certain aspects of employment and with respect to certain grounds of discrimination, did not cover access to employment and all terms and conditions of work, and did not appear to address indirect discrimination. Furthermore, domestic workers and public officials were excluded from the application of the Labour Code. In this regard, the Government referred repeatedly to the provisions in the Constitutional Declaration which prohibited discrimination against citizens on the basis of race, origin, language, religion and creed (article 6). The Committee therefore asked the Government to take the necessary measures to amend the legislation in order to ensure effective protection against discrimination in accordance with the Convention. The Committee notes that the Government in its reply merely indicates that a new Constitution was adopted in 2014, article 53 of which provides that “All citizens are equal before the Law, and are equal in rights, freedoms and general duties without discrimination based on religion, belief, sex, origin, race, colour, language, disability, social class, political or geographical affiliation, or for any other reason”, thus covering all the grounds set out in Article 1(1)(a) of the Convention. Article 53 in fine further stipulates that the State shall take the necessary measures to eliminate all forms of discrimination. The Committee notes that these provisions continue to apply only to citizens. Moreover, it does not appear that they can be directly invoked in civil proceedings by employees in the private sector. Regarding the application of the Convention to non-citizens, the Committee recalls that where constitutional guarantees on equality or non-discrimination are confined to citizens, it is necessary to ensure that non-nationals are covered by non-discrimination and equality provisions in the labour or other relevant legislation. With respect to the protection of domestic workers from discrimination, the Committee notes that the Government does not provide any information in this regard. The Committee requests the Government to clarify whether the constitutional provisions concerning equality and non-discrimination can be directly invoked in civil proceedings by employees in the private sector and, if so, to provide examples of any judicial decisions in this regard. Noting that, pursuant to Ministerial Order No. 60 of 2011, a committee has been established to review the provisions of the Labour Code with a view to bringing the labour legislation into line with international labour standards, the Committee encourages the Government to take the opportunity of the legislative review process to ensure that specific legislative protection is provided against direct and indirect discrimination based on at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, covering all aspects of employment and occupation and all workers, including non-citizens and domestic workers.

Discrimination on the basis of sex. Sexual harassment. For more than a decade, the Committee has been drawing the attention of the Government to the importance of specifically defining and prohibiting sexual harassment in employment and occupation, addressing both quid pro quo and hostile work environment harassment in accordance with the elements set out in its 2002 general observation and the General Survey of 2012 on the fundamental Conventions, paragraph 789. The Committee recalls that sexual harassment is currently prohibited in a number of criminal law provisions, none of which contain a comprehensive definition of sexual harassment taking into account these elements, and the Government until now has not provided any information on the practical application of these provisions. The Committee therefore requested the Government to consider including sexual harassment in the labour legislation, in the context of the ongoing legislative review. The Committee notes from the Government’s report that the Penal Code (Act No. 58/1937) has been amended by Act No. 50/2014 to criminalize and define for the first time sexual harassment. In particular, section 306Abis(1) criminalizes “Any person who intercepts another person at a public, private or common place and subjects the latter to sexual or pornographic gestures, allusions or signs, whether this is by using hands, words or through deed in any manner including the use of telecommunications” and provides for sanctions including imprisonment and a fine; sanctions are increased if the act is repeated by the perpetrator by observing or following the victim (section 306Abis(2)). Section 306Bbis of the Penal Code provides that the crime set out in section 306Abis is sexual harassment if the aim of the perpetrator is to obtain a favour of a sexual nature from the victim, and in this case provides for heavier sanctions. Heavier sanctions are also provided for if the offender is in a position of authority. While the Committee welcomes the new provisions to the extent that they address certain forms of sexual harassment, it considers that they still define sexual harassment too narrowly and do not appear to cover the full range of behaviour that may constitute sexual harassment in employment and occupation. Moreover, in order to constitute such harassment, the perpetrator’s intention to obtain a favour of a sexual nature from the victim is required, whereas in cases of sexual harassment the focus should be on the fact that the conduct is “unwelcome, unreasonable and offensive to the victim” or “conduct that creates an intimidating, hostile or humiliating working environment for the recipient”. The Committee also wishes to recall once again that addressing sexual harassment in employment only through criminal proceedings is normally not sufficient due to the sensitivity of the issue, the higher burden of proof and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (see the 2012 General Survey, paragraphs 789 and 792). In light of the current review of the Labour Code and to ensure comprehensive protection against sexual harassment in employment and occupation, the Committee requests the Government to take the necessary measures to include in the Labour Code a definition of sexual harassment that expressly covers both quid prod quo and hostile working environment sexual harassment in employment and occupation taking into account the elements set out in its 2002 general observation, as well as a mechanism that provides remedies for victims and penalties for offenders, whether they are employers, work colleagues or clients. The Committee once again asks the Government to provide information on the practical measures adopted to raise awareness and to prevent sexual harassment in the public and private sectors and on any complaints of sexual harassment in the workplace filed with the labour inspectorate or the judicial authorities. The Committee further requests the Government to include information on the manner in which the criminal provisions cited above have been applied in practice, in particular any convictions concerning sexual harassment in employment and occupation.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 2 of the Convention. Legislative protection against discrimination. The Committee refers to its previous comments in which it noted the existence of gaps in the legislative protection against discrimination, and asked the Government to take the necessary measures to amend the legislation. The Government refers to the Constitutional Declaration, promulgated on 30 March 2011, which provides that “Law applies equally to all citizens, and they are equal in rights and general duties. They may not be discriminated against due to race, origin, language, religion or creed” (article 6). The Committee notes that, while such general constitutional provisions regarding equality and non discrimination are important, such provisions have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation and a more detailed legislative framework is also required (see General Survey on fundamental Conventions, 2012, paragraphs 850–851). The Committee also notes that the grounds of colour, sex, political opinion, national extraction and social origin, which are enumerated in Article 1(1)(a) of the Convention, are not addressed in the Constitutional Declaration. With respect to the protection of domestic workers against discrimination, who, along with public servants are excluded from the scope of the Labour Law No. 12 of 2003 (section 4), the Government indicates that both the Civil Code and the Penal Code guarantee the protection of civil and penal rights of domestic workers; however, no indication is given of the particular provisions that would ensure protection of domestic workers against discrimination in employment on all the grounds enumerated in the Convention, and covering all aspects of employment. The Government also indicates, however, that pursuant to Ministerial Order No. 60 of 2011, a committee has been established to review the provisions of the Labour Law and its amendments, with a view to bringing the labour legislation into line with international labour standards. The Committee urges the Government to take the opportunity of the legislative review process to ensure that specific legislative protection covering all workers, including domestic workers, is provided against direct and indirect discrimination, based on at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, and covering all aspects of employment and occupation.

Public servants. Regarding the exclusion of public servants from the Labour Law pursuant to section 4, the Government indicated previously that this was because their employment was governed by Act No. 47 of 1978; however, this Act does not contain explicit provisions regarding the prohibition of discrimination or the promotion of equal opportunities. In its most recent report, the Government refers to the general equality and non-discrimination provision of the Constitutional Declaration and to the units on equal opportunities set up in the ministries. The Committee notes that in the absence of a clear legislative framework supporting equality and non-discrimination, it needs to be shown that such rights are ensured for workers in the public service, and recalls the obligation of governments to ensure and promote the application of the principles of the Convention to all workers, including public servants (see General Survey, 2012, paragraphs 741–742). The Committee hopes that the committee reviewing the provisions of the Labour Law to bring them into line with international labour standards will examine the need to provide effective protection against discrimination for public servants, and asks the Government to provide information in this regard. The Committee also asks the Government to provide information on any concrete measures taken to promote and ensure equality of opportunity and treatment in the public service, including specific information on the activities carried out by the units on equal opportunities.

Discrimination on the basis of sex. Sexual harassment. The Committee notes from the Government’s report that the Penal Code provides for hard labour and pecuniary sanctions against perpetrators of rape (sections 267–268) and makes provision for harsher sanctions where the perpetrator holds power over the victim, be it within the family circle or in the workplace. In this regard, the Government submits that the severity of the penalties imposed will act as a deterrent against sexual harassment in the workplace. The Committee considers that addressing sexual harassment only through criminal proceedings is not sufficient, due to the sensitivity of the issue, the higher burden of proof, and the fact that the focus on sexual assault does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey, 2012, paragraph 792). The Committee also understands that a Bill addressing gender equality is in the preliminary stages of being drafted, and that it is foreseen that sexual harassment would be addressed. In the context of developing a new act on gender equality and reviewing the Labour Law, the Committee draws the Government’s attention to the importance of specifically defining and prohibiting sexual harassment in employment and occupation, addressing both quid pro quo harassment and hostile work environment harassment (see general observation, 2002). The Committee asks the Government to provide information on any further developments regarding the introduction in a new gender equality Bill of provisions defining and prohibiting sexual harassment, or any steps taken to include sexual harassment in the Labour Law, in the context of the ongoing legislative review. Please also provide information on any practical measures taken or envisaged to prevent and address sexual harassment in the workplace.

Discrimination on the basis of religion. The Government reiterates its position that no discriminatory impact can result from judgment No. 10831-54q of 16 March 2009 of the Administrative Court of Appeal which ruled that the Baha’i are entitled to obtain identity documents and birth certificates without mentioning any religion (whereas those belonging to other religions will still have their religion specifically noted on such documents). The Government considers that the provisions of the Constitutional Declaration guaranteeing equality of citizens before the law ensure that discrimination on the basis of religion is effectively prohibited in practice. Referring to its previous comment, the Committee points out again that the absence of mention of religion on the identity documents or birth certificates could indirectly result in discrimination based on religion in that such an absence infers that the holder of such documents is presumably a member of an unrecognized religious minority. It also reiterates that general provisions prohibiting discrimination on the basis of religion may not be sufficient to ensure effectively equality of opportunity and treatment in employment and occupation. The Committee therefore requests the Government to evaluate the impact of judgment No. 10831-54q of 16 March 2009, and any related decisions, with respect to access to education, training and employment of unrecognized religious minorities, and to provide information on the measures taken to promote and ensure, in law and in practice, equality of opportunity and treatment in employment and occupation of those belonging to such minorities.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes that following the High-Level Interactive ILO Conference on “Employment for Stability and Socio-Economic Progress in North Africa” held in Cairo in April 2012, the stakeholders and development partners have defined key priorities and actions to implement a decent work strategy for stability and growth in North Africa. In this context, the participants have acknowledged the need to address labour market segmentation, the gap between the public and private sectors, the formulation of supporting action to micro-, small and medium-sized enterprises, the transition from informal economy to formality and the promotion of gender equality in all policy action. The Committee also notes that a “Roadmap for Recovery and Decent Work in Egypt” has been developed with ILO support, in close collaboration with the Ministry of Manpower and Migration and the Ministry of Finance. Under this integrated approach, several points have been defined, including the creation of job opportunities for young people and other groups, especially women and workers employed in the informal economy. Moreover, the Committee notes from the Government’s report that the National Women’s Council (NWC) has convened national symposia to discuss and propose gender mainstreaming in public policies, focusing on economic equal opportunity and the empowerment of women in rural areas. Following such symposia, recommendations were made such as the drafting of a statistical report on the situation of women in Egypt, the formulation of a strategy for a better integration of women into the labour market and an increase of female participation in the labour force, and the implementation of 35 development projects focusing in particular on women in rural areas. The Committee also notes the information provided by the Government on the activities of the Women’s Affairs and Equal Opportunity Department at the Ministry of Manpower and Migration. Against this background, the Committee notes nevertheless that women’s participation in the labour force is still significantly lower than that of men, that women are still predominantly employed in the public sector and that in 2011, the informal economy employed 48.2 per cent of the country’s total labour force, that is 43.3 per cent of the female labour force and 49.5 per cent of male labour force (Central Agency for Public Mobilization and Statistics – CAPMAS). The Committee therefore asks the Government to provide information on the specific measures taken and results achieved in the context of the various activities and policies noted above, in particular as regards the promotion of gender equality in employment and occupation, including the creation of job opportunities for women and the removal of obstacles to women’s entry into the formal labour market, increasing women’s participation in the broadest possible range of economic activities, including non-traditional occupations and self-employment, and vocational training programmes. Please also provide information on the implementation of the development projects targeting rural women and their impact on the economic situation of such women, in particular as regards the elimination of unpaid work performed by women in agricultural family enterprises. The Committee also invites the Government to consider undertaking a statistical report on the situation of women in Egypt, and to provide information on any steps taken in this regard.

The Committee further notes from the Government’s report that the number of female judges is increasing and that the courts to which they are assigned are more varied, with one assuming the presidency of the Workers’ Court and other female judges presiding over courts of summary justice. The Committee asks the Government to continue to provide information on the measures taken to enhance appointment of female judges and their access to the various courts. The Committee also asks the Government to provide statistical data on the distribution of men and women in the various economic sectors and occupations.

Prohibition of women performing certain occupations. The Committee recalls that pursuant to Order No. 155 of 2003, there are a range of employment restrictions for women. The Committee notes that the Government provides no information on this point in its most recent report. The Committee asks the Government to take concrete steps to initiate a review of Order No. 55 of 2003, with a view to ensuring that any restrictions on work that can be undertaken by women is strictly limited to maternity protection.

Parts III and IV of the report form. Enforcement. The Government indicates that no further judicial decisions regarding discrimination have been issued in the reporting period. The Committee asks the Government to provide information on any cases dealt with by the NWC, the labour inspectorate or the courts concerning compliance with the national legislation on discrimination.

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

Articles 1 and 2 of the Convention. Legislative protection against discrimination. Referring to its previous comments on the legislative gaps in the protection of workers against discrimination, the Committee recalls that, in accordance with the Convention, equality of opportunity and treatment must be ensured in respect of all aspects of employment and occupation, including training and all terms and conditions of employment and that, as a minimum, all the grounds listed in Article 1(1)(a) should be addressed. The Committee observes that the anti-discrimination provisions in the Labour Code of 2003 do not cover all aspects of employment, since they only prohibit discrimination with respect to wages (section 35) and termination of employment (section 120). The Committee therefore requests the Government to take the necessary measures to amend the Labour Code with a view to including legal provisions applicable to all workers defining and prohibiting explicitly direct and indirect discrimination, at all stages of employment, and covering, as a minimum, all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin.

Scope of application. Domestic workers. In its previous comments, the Committee noted the Government’s statement that the bodies responsible for women’s affairs would carry out an assessment of whether the national legislative framework provided sufficient protection against discrimination and abuse of domestic workers and asked for information on the results of such assessment. The Government merely indicates that this type of employment is not widespread in Egypt and that the necessary arrangements are being carried out to identify the occupations concerned. Recalling that the Convention applies to all categories of workers, and that domestic workers are excluded from the protection against discrimination provided by the Labour Code, the Committee requests the Government to indicate how it is ensured that this particularly vulnerable category of workers is protected against discrimination based on the grounds enumerated in Article 1(1)(a) of the Convention.

Scope of application. Public servants. Noting that public servants are also excluded from the scope of the Labour Code and that the proportion of women in the public sector is much higher than in the private sector, the Committee asks the Government to indicate how these workers are protected against discrimination in all aspects of employment, including access, training, promotion and terms and conditions of employment. In addition, the Committee asks the Government once again to provide information on any measures taken or envisaged, for instance through the units on equal opportunities set up in the ministries, to promote and ensure, in law and in practice, equality of opportunity and treatment, particularly between men and women, in the public service.

Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s statement that the Department for Women’s Affairs and Equal Opportunities at the Ministry of Manpower and Migration did not receive any complaints on sexual harassment at the workplace, with respect to either the private or the public sector. The Government also recalls in its report that it considers that the penal provisions sanctioning sexual assaults (sections 267 to 269 of the Penal Code) address sexual harassment. The Committee considers that the absence of complaints does not mean that sexual harassment at the workplace does not occur. This may, on the other hand, indicate that the victims either have an inadequate knowledge of the legal provisions and dispute resolution procedures available or fear possible reprisals by the perpetrator (employer or colleagues). The Committee would like to point out that the penal provisions to which the Government refers may not provide adequate protection against sexual harassment at the workplace, as certain practices or behaviour may not amount to such crimes, but nevertheless constitute discrimination on the basis of sex. Moreover, none of these provisions contains a comprehensive definition of sexual harassment. The Committee recalls in this regard its 2002 general observation referring to the different types of sexual harassment: (1) (quid pro quo) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (2) (hostile work environment): conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The Committee therefore asks the Government to consider including in the labour legislation provisions defining and prohibiting sexual harassment, in line with its 2002 general observation. The Government is requested to provide information on any developments in this respect, as well as on any practical measures taken or envisaged, in cooperation with workers’ and employers’ organizations or other competent bodies, to prevent and address sexual harassment at the workplace.

Discrimination on the basis of religion. In its previous comments, the Committee requested the Government to provide information on the practical impact of the High Court’s ruling of 16 December 2006 according to which unrecognized religious minorities, including the Baha’i, could not explicitly state their religion on identity papers, on the employment of members of such minorities. The Government replies that according to judgment No. 10831-54q of 16 March 2009 of the Administrative Court of Appeal, the Baha’i are entitled to obtain identity documents and birth certificates without mentioning any religion. While welcoming this information, the Committee requests the Government to remain vigilant to ensure that the absence of mention of religion on the identity documents or birth certificates does not indirectly result in discrimination based on religion with respect to access to education and training and employment of unrecognized religious minorities. Recalling that general provisions prohibiting discrimination on the basis of religion may not be sufficient to ensure equality of opportunity and treatment in employment and occupation, the Committee further requests the Government to provide information on any practical measures taken or envisaged, such as training and awareness raising activities for law enforcers, workers’ and employers’ organizations and the public, to promote equality in employment and occupation.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes with concern that although there has been a consensus of the Special Council allowing women to be appointed to judicial positions, the State Council decided in July 2010 to defer the appointment of female judges, due to practical issues. With respect to the employment of women in general, the Committee notes the detailed information provided by the Government on the activities of the National Council of Women (NCW). It notes in particular that a strategy for including women in the labour market has been developed and that several projects, including a programme on rural women, have been carried out. The Committee notes, however, from the statistics provided by the Government that only 19.7 per cent of women were employed in the private sector in 2008 and the number of women employed in managerial functions is seven times lower than men. The statistics also show significant occupational segregation between men and women in the labour market.

Noting again that the progress towards achieving equality in employment and occupation is very slow, the Committee asks the Government to increase its efforts and take proactive measures to increase women’s participation in the broadest possible range of economic activities, including non-traditional occupations and self-employment, and vocational training programmes. In this respect, the Committee requests the Government to provide information on the strategy developed by the NCW with a view to including women in the labour market, the concrete measures taken to this end and any assessment of the impact of such measures on the participation of women in the labour force. The Government is requested to indicate the progress made with respect to the effective appointment of female judges by the State Council. Please also provide information on measures taken to improve the economic situation of rural girls and women, in particular with respect to the removal of practical and traditional obstacles to their access to education, vocational training and paid employment.

Access to the civil service. The Committee notes that the Government’s report contains no information on this point. The Committee therefore once again requests the Government to provide information on any measures taken or envisaged to promote and ensure, in law and in practice, equality of opportunity and treatment in the civil service.

Article 5. Prohibition of women performing certain occupations. In its previous comments, the Committee requested the Government to provide information on any review undertaken of the list of work prohibited to women in Order No. 155 of 2003 and recalled that protective measures should be limited to protecting maternity and that those protective measures aimed at protecting women based on gender-related stereotyped assumptions, should be repealed. The Committee notes from the Government’s report that the necessary measures are being taken to examine this matter in collaboration with the concerned departments. The Committee hopes that the Government will soon be in a position to report progress regarding the revision of the list of work prohibited to women so as to ensure that it is in conformity with the principle of equal opportunity and treatment between men and women.

Enforcement. Please continue to provide information on any cases dealt with by the NCW, the labour inspectorate or the courts concerning compliance with the national legislation on discrimination.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 1 and 2 of the Convention. Legislative protection against discrimination and national policy. The Committee refers to its previous comments in which it continued its dialogue with the Government regarding certain gaps in the legislative protection against discrimination with respect to certain aspects of employment and categories of workers, in particular domestic workers. The Committee notes that the Government affirms that the provisions of the Constitution and the Labour Code of 2003 apply the Convention and that sections 35, 88 and 120 of the Labour Code provide for a general prohibition of direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention. The Government further states that no complaints have been received from workers with respect to discrimination nor have there been any judicial decisions.

2. The Committee draws the attention of the Government to the fact that while the abovementioned provisions of the Labour Code may, when read together, cover all the grounds of discrimination set out in the Convention, they do not appear to protect against direct and indirect discrimination in all areas of employment and occupation, including access to employment and all terms and conditions of employment. Without any further information on the application in practice of these provisions, the Committee considers that the national legislative framework may be insufficient to provide for adequate protection against discrimination in all aspects of employment and occupation, and particularly against discriminatory recruitment practices on the part of the employer. The Committee also recalls that the absence of complaints regarding violations of the provisions of the Labour Code does not necessarily indicate an absence of discrimination, but often results from the absence of an appropriate legal framework to bring discrimination claims, a lack of awareness and understanding among workers as well as law enforcers of the right to equal remuneration for men and women, and an absence of accessible dispute resolution procedures. The Committee therefore asks the Government to:

–           undertake an assessment of whether the legislative framework provides, in law and practice, sufficient protection against discrimination in all aspects of employment. Such an assessment should give due consideration to the possibility of amending the Labour Code of 2003 so as to introduce a general prohibition of discrimination which would explicitly prohibit discrimination in all aspects of employment and occupation, including discriminatory recruitment practices and discrimination in respect of all terms and conditions of employment, covering all the grounds set out in the Convention; and

–           provide information on the measures taken or envisaged regarding the following: to provide training to law enforcers, including labour inspectors, so that they are better able to identify and deal with cases of discrimination in the workplace; to raise awareness among workers and employers of the rights under the Convention; and to ensure that complaints mechanisms are accessible to all. Please also continue to provide information on any cases dealt with by the labour inspectorate or the courts concerning compliance with the national legislation on discrimination.

3. Scope of application. Domestic workers. The Committee notes the Government’s statement that in view of the nature of their work and due to the private sphere of life, it is difficult to monitor the application of the provisions of the Labour Code with respect to domestic workers. According to the Government, domestic workers are protected through the Civil and Penal Codes and through the Constitution. The Committee recalls its concern regarding the particular vulnerability of these workers to discrimination due to the character of their employment, and thus the need for effective and accessible complaints mechanisms and procedures for redress. Noting the Government’s statement that the bodies responsible for women’s affairs shall carry out an assessment of whether the national legislative framework provides sufficient protection against discrimination and abuse of domestic workers, the Committee trusts that the Government’s report will include information on the results of this assessment.

4. Discrimination on the basis of sex. Sexual harassment. With reference to its previous comments on the practical application of the criminal provisions covering acts such as sexual harassment, the Committee notes that the Government once more merely repeats the relevant legislative provisions of the Penal Code. The Committee asks the Government to include in its next report information on any convictions concerning sexual harassment in the context of work or employment on the basis of sections 267 and 268 of the Penal Code. The Committee also trusts that the Government’s next report will contain full particulars on any measures taken or envisaged to address sexual harassment as part of its national policy on equality, for instance through awareness-raising activities and collaboration with workers’ and employers’ organizations.

5. Discrimination on the basis of religion. The Committee recalls that articles 40 and 46 of the Constitution stipulate that there shall be no discrimination on the basis of religion or creed and that the State shall guarantee freedom of belief and freedom of practising religious rights, and that the Labour Code protects against discrimination on the basis of religion or creed. The Committee notes that in a judgment of 16 December 2006, the Egyptian Administrative High Court made a clear distinction between the so-called “recognized religions” – Islam, Christianity and Judaism – and other religious beliefs, in ruling that only the three recognized religions could be mentioned on official documents. The ruling as such determined that unrecognized religious minorities, including the Baha’i, could not explicitly state their religion on identity papers. The Committee understands that in Egypt, carrying identity papers at all times is required by law and essential for access to employment and education. The High Court’s decision may therefore have a discriminatory impact on the right of persons belonging to unrecognized religious minorities to access education, employment and particular occupations, which would be contrary to the Convention. The Committee asks the Government to provide information on the practical impact of the High Court’s ruling of 16 December 2006 on the employment of so-called unrecognized religious minorities, including on the number of persons belonging to “unrecognized religious minorities” that have been denied access to education and employment as a result of the High Court’s ruling, as well as information on the Government’s policy regarding recognized and unrecognized religions. The Committee hopes that the Government will take the necessary steps to ensure that there is no discrimination in employment and occupation on the basis of religion, and asks the Government to keep the Committee apprised of the progress made in this regard.

6. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the statistics in the Government’s report that women’s participation in the labour force remains extremely low (23.3 per cent), and that currently there are 30 women working as judges. The Committee further notes the information in the Government’s report concerning the mandate and activities of the National Council of Women (NCW), such as a project on integrating gender in development planning, developing institutional capacity, follow-up and evaluation, a training guide on gender, development and planning, and legal assistance to women through the Centre for Women’s Complaints. Considering the slow progress made in improving women’s participation in the labour force, the Committee questions whether these measures are effective in achieving substantial equality of opportunity and treatment between men and women in employment and occupation. The Committee asks the Government to increase its efforts to increase women’s participation, including Bedouin women, in the broadest possible range of economic activities, including non-traditional occupations, and vocational training programmes. The Committee also asks the Government to indicate the specific impact of the activities of the NCW on women’s employment, and in particular how they have addressed stereotypical attitudes on the role and responsibilities of men and women in the labour market and social factors constituting obstacles to women’s entry into the formal labour market. Please also indicate in which cases female judges can issue verdicts, and continue to provide statistical data on the distribution of men and women in the various economic sectors and occupations.

7. Access to the civil service. In the absence of any concrete information on this point, the Committee reiterates its request to the Government to provide information on any measures taken or envisaged to promote and ensure, in law and in practice, equality of opportunity and treatment, particularly between men and women, in the civil service.

8. Article 5. Prohibition of women performing certain occupations. The Committee refers to its previous comments regarding Order No. 183 and Order No. 155 of 2003 containing certain employment restrictions for women. The Committee notes the Government’s statement that Orders Nos 155 and 183 already cancel a number of employment restrictions for women contained in the previous Labour Code and subsequent regulations. The Government also states that the Orders were adopted in consultation with the workers’ and employers’ organizations. The Committee recalls that special protective measures for women which are based on stereotyped perceptions of their capacity and role in society may give rise to violations of the principle of equality of opportunity and treatment. The Committee asks the Government to keep it informed of any review undertaken of the list of work prohibited to women in Order No. 155 of 2003 and hopes that in revising the Order, it will be ensured that protective measures will be limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 1 and 2 of the Convention. Labour Code No. 12 of 2003. In its previous direct request the Committee has sought additional information on a number of matters arising in the context of the Labour Code, No. 12 of 2003, and in particular in relation to sections 35, 88 and 120: (1) the manner in which protection against discrimination on all grounds referred to in the Convention is ensured in respect of access to employment and as regards conditions of work other than wages; (2) the extent to which the prohibited grounds of discrimination of sections 35 and 120 cover the grounds listed in the Convention; (3) the application of the Convention to categories of employment excluded from the scope of the Labour Code; and (4) the application of sections 35, 88 and 120 in practice.

2. The Committee notes the information provided by the Government in reply to the above matters. The Government states that the employment agencies registered jobseekers without discrimination and that the Labour Code’s provisions on working conditions applied equally to all employees. It indicates that the term "origin" in section 35 is to be understood in the general sense of the word, and would thus include social, national and religious origin. More generally, the legislation covered the grounds of discrimination that were most relevant in the Egyptian context. Domestic workers and employers’ family members were excluded from the Labour Code because these types of work were close to the private sphere and supervision of labour legislation was therefore difficult. However, these employees were protected generally by criminal and civil law.

(a)  While acknowledging that progress has been made in providing legal protection from discrimination through the 2003 Labour Code, the Committee encourages the Government to further strengthen the Convention’s application by introducing a general prohibition of direct and indirect discrimination, which would explicitly prohibit discriminatory recruitment practices on the part of the employer and discrimination in respect of all terms and conditions of employment, on the basis of all grounds listed in the Convention.

(b)  Drawing the Government’s attention to the fact that due to the character of their employment domestic workers, and particularly female domestic workers, are particularly vulnerable to discrimination and abuse, the Committee suggests that the Government undertakes an assessment of whether the current legislation provides sufficient protection for domestic workers against such practices, including whether effective mechanisms and procedures exist that are accessible for domestic workers subjected to discrimination or abuse, and to inform the committee of the results such assessment.

(c)  The Committee requests the Government to provide information on the practical application of sections 35, 88 and 120 of the Labour Code in its future reports, including any situations or cases dealt with by the labour inspectorate or the courts concerning compliance with these provisions.

3. Discrimination on the basis of sex. Sexual harassment. In its previous direct request, the Committee invited the Government to provide information on how the criminal provisions on sexual harassment have been applied in practice, and in what contexts. In reply, the Government again refers to the relevant provisions of the Criminal Code but does not provide information on the practical application of these provisions.

(a)  The Committee would appreciate receiving information on the practical application of the criminal provisions covering acts of sexual harassment in its next report, particularly indications on any convictions concerning sexual harassment in the context of work or employment.

(b)  The Committee also reiterates it requests to the Government to provide information on the measures taken to address sexual harassment as a part of its national policy to promote equality of opportunity and treatment in employment and occupation, for instance through awareness-raising activities and collaboration with workers’ and employers’ organizations.

4. Article 2. Equality of opportunity and treatment of men and women. The Committee notes that 22.9 per cent of women were economically active in 2004 and that in the same year women constituted 28.4 per cent of the labour force. The Committee notes the Government’s indication that the National Council for Women and the media play an important role in the country in changing stereotypical attitudes and perceptions about the roles and responsibilities of men and women. The Committee also notes that the National Council for Women operates a Women Business Development Centre, which provides advice to women on how to start businesses, and an Ombudsperson Office. The Committee requests the Government to:

(a)  continue to provide information on the specific measures taken or envisaged by the various competent Ministries to promote women’s access to income-generating activities, including information on any measures taken to assist Bedouin women and on efforts made to promote women’s access to the broadest possible range of economic activities, including non-traditional occupations;

(b)  provide detailed information on the activities of the National Council for Women to promote equality of opportunity and treatment of men and women, including measures taken to change stereotypical attitudes of the role and responsibilities of men and women and to combat social factors constituting obstacles to women’s entry into the formal labour market; and

(c)  provide complete statistical data on the labour force participation of men and women in the private and public sector, including information on the distribution of men and women in the various areas of economic activities and occupations. Further, to its observation, the Committee would appreciate receiving indications on the number of women currently working as judges.

5. Article 3(d). Application in the public sector. The Committee notes the Government’s statement that public employees are excluded from the scope of the Labour Code because their employment was governed by Act No. 47 of 1978. While the Act applies equally to all public employees, it does not explicitly promote equal opportunities. The Committee would appreciate receiving information on any measures taken or envisaged to promote and ensure, in law and in practice, equality of opportunity and treatment, particularly between men and women, in the civil service.

6. Article 5. Prohibition on women performing certain jobs. The Committee notes that Order No. 23 concerning night work of women and Order No. 22 concerning work prohibited for women issued under the previous labour legislation were replaced by Order No. 183 of 2003 and Order No 155 of 2003, respectively. The Committee notes that section 2 of Order No. 183 provides that the list of work prohibited for women should be reviewed periodically to take into account new developments. The Committee asks the Government to indicate whether any consultations with workers’ and employers’ organizations have been carried out in the context of the preparation Orders Nos. 183 and 155, and whether the two Orders remove some of the employment restrictions for women that were contained in the previous regulations. The Government is also requested to keep the Committee informed of any future review undertaken of the list of work prohibited for women contained in Order No. 155 of 2003. When reviewing whether it is still necessary to prohibit access to women to certain occupations, the Government is invited to consider the provisions covering this question in: (a) the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), with the corresponding Recommendations; and (c) the ILO resolution on equal opportunities and equal treatment for men and women in employment, 1985.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Articles 1 and 2 of the Convention. Equality of opportunity and treatment of men and women. The Committee notes with interest that it is now possible in Egypt for women to assume the post of a judge, which was not the case previously. It notes the Government’s indications that this development has been achieved due to: (i) the role that the National Council for Women plays in raising awareness on gender equality issues; and (ii) the religious authorities clarifying that Islamic law does not prohibit women from taking up judicial posts. The Government states that men and women can now be appointed as judges on an equal basis, consideration being given only to their professional qualifications. The Committee invites the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment of men and women in employment and occupation, including the activities carried out by the National Council for Women and other competent bodies, and on any further progress made in this regard.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Sexual harassment. In reply to the Committee’s general observation on sexual harassment, the Government reported that sexual harassment is prohibited by a number of criminal law provisions. None of these provisions, however, contains a comprehensive definition of sexual harassment, including reference to the key elements described by the Committee of Experts of quid pro quo and hostile work environment. The scope of protection and the scope of liability for sexual harassment are also not clear. The Committee would welcome information from the Government as to how the criminal provisions cited have been applied in practice, and in what contexts.

2. The Government has provided no information on administrative mechanisms to address sexual harassment, enforcement mechanisms, court decisions, educational and awareness-raising measures or activities with employers’ and workers’ organizations to address sexual harassment through policies and collective agreements. It has noted in its report that sexual harassment in Egyptian workplaces is generally not encountered. The Committee reiterates the view that policies to promote equality of opportunity and treatment should ensure that measures are taken to address sexual harassment as a form of sex discrimination, and reiterates its request for information on these questions.

3. Prohibition of discrimination. Further to its previous comment, the Committee notes the adoption of the Labour Act, No. 12 of 2003, which the Government supplied with its report. The Committee notes that the new law does not include a definition of discrimination although it incorporates a number of provisions providing some protection against discrimination in relation to employment, including sections 35, 88 and 120. In the absence of a definition of discrimination, it is not clear what kinds of distinction would be covered by the Act. In particular it is not clear whether these provisions would address indirect discrimination. The Committee requests the Government to provide information on how indirect discrimination is addressed and to provide copies of any relevant cases that may have been decided by courts or labour tribunals in connection with this issue.

4. Coverage of the Convention. The Labour Act excludes certain categories of workers from its application. Public servants, domestic service workers and the employer’s family members are excluded under section 4, and female agricultural workers are excluded from maternity protection provisions in section 97. The Committee of Experts has emphasized that there is no provision in either the Convention or its Recommendation limiting its scope as regards either individuals or occupations (General Survey on equality in employment and occupation, 1988, paragraph 17). The Committee requests the Government to provide information on measures taken to protect these workers from discrimination.

5. Article 1(3). Access to employment. The Committee notes that, under section 14 of the Labour Act, access to employment is governed by the chronological order of registrations of requests to work, though the employer may also appoint the person he chooses, whether or not that person is registered. Please indicate how protection against discrimination in access to employment on the grounds covered by the Convention, is ensured. Please indicate as well how the protection of migrant workers against discrimination on the grounds covered in the Convention is ensured.

6. Wages. In section 35 of the Act on non-discrimination in connection with wages, discrimination is prohibited on the basis of sex, origin, language, religion or creed, but discrimination on the grounds of race, colour, national extraction and social origin have been omitted, though they are also covered by the Convention. The Government is requested to provide information on how origin in this section is interpreted in practice and how discrimination on the other grounds would be addressed.

7. Other conditions of work. The Committee notes that section 88 of the Labour Act provides that "Subject to the provisions of the following articles, all provisions regulating the employment of workers shall apply to woman workers, without discrimination among them, once their work conditions are analogous." The Committee requests the Government to provide more information as to what is meant by the wording "once their work conditions are analogous". Please indicate how protection on the other grounds under the Convention besides sex is assured, as regards conditions of work other than wages.

8. Termination of employment. In section 120 of the Labour Act, colour, sex, social status, family obligations, pregnancy, religion or political views may not be reasons for termination of employment, but the grounds of race, social origin and national extraction (to the extent that they are not covered by social status) have been omitted. The Government is requested to provide information as to how discrimination in termination of employment on these other grounds is ensured.

9. Article 2. Equality of opportunity and treatment of men and women. Section 94 of the Labour Act provides that a female worker shall have the right to obtain leave without pay for a period not exceeding two years to care for her child. Section 96 provides that an employer engaging 100 female workers or more shall establish a nursery school to care for the female workers’ children. The Committee notes that these measures apply only to women and not to men. The Committee of Experts has stated that certain advantages currently afforded to women to raise children or to care for them should increasingly be granted to men as well in accordance with the spirit of the Workers with Family Responsibilities Convention, 1981 (No. 156). Beyond the impact that this might have on attitudes as regards stereotypes of the respective roles of men and women as regards family responsibilities, the fact that these advantages are no longer exclusive to women would tend to make women more competitive on the labour market, for they would cease to be seen by employers as more costly than men (General Survey, 1988, paragraph 145). The Committee would welcome information from the Government as to whether it is considering extending these measures to men.

10. Practical measures concerning equality based on sex. Further to previous comments, the Committee notes the information provided by the Government in connection with the projects of the General Directorate for Women’s Affairs of the Ministry of Social Affairs. It notes that over 160,000 income-generating projects have been financed through these activities to promote rural women. Noting that all projects are in traditional female occupations, the Committee hopes that the Government will consider funding projects in less traditional occupations as well. It would also welcome information on the sustainability and success of the newly created businesses. Further it reiterates its earlier request for information on the access of ethnic minority women to these projects and to funding.

11. The Committee reiterates its request for the Government to provide information on the activities and measures undertaken by the National Council of Women.

12. The Committee reiterates its request for statistical data on the labour force participation of women in the private and public sectors, including information on high-level positions. It notes the concern of the Committee on the Elimination of Discrimination against Women of the low level of representation of women in decision-making at all levels and in all areas. It notes the request of that committee for the Government to implement special temporary measures to increase the representation of women at decision-making levels. The Committee would welcome information on measures taken by the Government in this regard.

13. In relation to its request for information on measures taken to eliminate discrimination because of maternity and family responsibilities, the Committee notes the Government’s references to the Constitution, in particular reference to article 11. In this regard it also notes the remarks of the Committee on the Elimination of Discrimination against Women that finds that this article entrenches the woman’s primary role as mother and homemaker and possibly reinforces cultural stereotypes and patriarchal attitudes. The Government is asked to continue to provide information on its awareness-raising programmes and other measures, including those programmes directed at men, to change stereotypical attitudes and perceptions about the roles and responsibilities of women and men and combat social factors constituting obstacles to women’s entry into the formal labour market. It also reiterates its request for information on the concrete steps taken by the Government to eliminate discrimination because of maternity and family responsibility.

14. Article 5. Prohibitions on women performing certain jobs. The Committee notes that sections 89 and 90 of the Labour Act relate to work that women shall not be employed to do. It notes that Orders Nos. 23 (night work) and 22 (harmful work) were issued under the previous Labour Code of 1981. The Committee would welcome information from the Government as to the status of these Orders and copies of any new Orders issued under the new Act.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

1. The Committee notes that the new Labour Code, which has been under discussion since 1994, has still not been adopted. It notes that the legislative committee of the National Council of Women had reviewed the draft Code, recommending amendments to ensure that existing benefits, including maternity leave and childcare leave, remained available for all working women (Committee on the Elimination of Discrimination Against Women, CEDAW/C/2001/I/Add.2, paragraph 4). It requests the Government to keep it informed of further progress made regarding the new Labour Code and to provide a copy upon adoption.

2. With reference to its previous comment concerning activities and measures in respect to equality in employment and occupation undertaken by the various relevant bodies responsible for women’s affairs, the Committee notes from the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/EGY74-5, page 21) that a National Council of Women was established in February 2000, which replaces the former National Committee for Women. The Committee notes the various tasks of the Standing Committee for Education, Training and Scientific Research of the National Council of Women, which include addressing the qualitative gap between men and women in education and technology and stressing increased participation of women in planning and formulating educational and research policies. The Standing Committee is also to evaluate illiteracy programmes for women and to encourage the competent authorities to carry out training sessions for rural Bedouin women on management of integrated development projects. The Committee notes that the General Department for Women’s Affairs at the Ministry of Social Affairs is undertaking a project to promote rural women, which includes training on income-generating skills and the provision of loans to rural women to carry out income-generating projects. The unit for women’s activities of the Ministry of Agriculture also provides loans for job-creating small projects for women in rural areas. The Committee requests the Government to continue to supply information on these activities and other measures undertaken or planned, including information on their assessment and impact, by the National Council of Women and the other competent bodies to promote equal access of women, including minority women, to training and employment. Please also provide information on the follow-up to the project carried out in collaboration with the ILO on training and information on the rights of women workers.

3. The Committee notes from the Government’s report that the percentage of women’s participation in the labour force, according to the 1996 census, reached 15.2 per cent. As regards the low participation of women in high-level functions, the Committee notes the information that, despite the equal status of women in law, discrimination of women continues to exist. According to the Government, among the reasons for low participation of women in leading positions in the private sector is the view that women’s work is less productive due to measures, such as maternity protection and part-time work to fulfil family responsibilities. In this regard, the Committee notes that the Government is endeavouring to change the traditional perception of women which does not adequately acknowledge their rights or abilities. It also note the Government’s recognition of the importance of providing services that will enable women to carry out their family and professional roles efficiently. The Government is asked to continue to provide information on its activities to promote the application of the Convention in all parts of society and to combat social factors constituting obstacles to the integration of women in development and their entry into the formal labour market. The Committee also requests the Government to continue to provide information, including statistical data on the labour force participation of women in the private and public sector, including in high-level positions. It further asks the Government to supply information on measures taken to eliminate discrimination of women because of maternity and family responsibilities.

4. The Committee reiterates its previous request for information on measures to ensure non-discrimination in employment and occupation on the basis of all the grounds set out in the Convention and particularly political opinion, religion and national extraction.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s brief report.

1.  The Committee notes that the new Labour Code, which has been under discussion since 1994, has still not been adopted. It requests the Government to provide it with a copy when it has been adopted.

2.  The Committee notes that, in reply to the questions that it raised in its previous observation concerning the practical measures taken by bodies such as the National Committee for Women, the General Department for Women’s Affairs and the Ministry of Agriculture’s unit responsible for policy and coordination of women’s agricultural activities, the Government indicates that the competent authorities make every effort to improve the level of education and to combat illiteracy in rural areas by means of numerous projects at the national level and broad media campaigns. The Committee also notes that a training and information project on the rights of women workers, involving representatives of the administration, employers and trade unions, as well as non-governmental organizations, was launched in 1996. It requests the Government to provide further practical information on the activities and measures undertaken by the above bodies, including the project carried out in collaboration with the ILO, and on the results obtained and the measures envisaged in the future. In particular, the Committee would be grateful if the Government would continue to inform it of developments in the participation rates of women in the labour market, including in high-level functions in the public service and in the private sector. It would also be grateful to be provided with information on the measures taken to promote the access of girls to the broadest possible range of fields of education and vocational training, including the practical measures taken to combat sociological factors which are considered to constitute a major obstacle to the integration of women in development and their entry into the formal employment market.

3.  Furthermore, the Committee also requests the Government to provide information on the measures taken to ensure non-discrimination in employment and occupation on the basis of the other criteria set out in the Convention, and particularly political opinion, religion and national extraction.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in response to its previous direct request.

1. With regard to the revision of the Labour Code, the original version of which was drafted in 1994 with technical assistance from the ILO, the Committee notes that the Government intends to supply a copy of the revised Code as soon as it is enacted.

2. With regard to Order No. 22 of 1982 which lists 23 jobs from which women are barred and which the Government deems to be dangerous for health and morals or to be too arduous for women, the Committee notes the Government's statement that the list is periodically reviewed by the Ministry of Manpower and Training in the light of scientific and technological advances and in accordance with the provisions of the Convention. The Government adds that, in implementing the new Labour Code, account will be taken of technological and scientific progress in determining jobs which may not be performed by women and which are harmful to their reproductive role. The Committee hopes that with its next report and with the requested copy of the Labour Code, the Government will provide full information on measures taken to remove restrictions on women's access to employment.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes with satisfaction that Act No. 96 of 1996 repeals Act No. 148 of 1980 respecting the power of the press, on which it made comments to the effect that section 18 of the Act established discrimination based on political opinion by restricting newspaper publication or ownership on political grounds. The Committee also notes the Government's confirmation that the repeal -- already noted in its previous observation -- by Act No. 221 of 1994, of Act No. 33 of 1978 on the Protection of the Home Front and Social Peace means that Presidential Decree No. 214 of 1978 establishing the principles of Protection of the Home Front and Social Peace is no longer applied by any legal instrument.

2. With regard to the employment situation of women, the Committee notes the Government's statement that training in household work -- together with painting, music and sports -- is part of the regular curriculum taught to girl students in all secondary, intermediate and primary schools. It also notes that, according to the Government, in 1994 there were 17,800 women in high-level posts (according to statistics from the Central Bureau for Statistics and Mobilization) and that with regard to vocational training irrespective of sex, the sole criterion used in assessing skills and interests is the personal aspirations and willingness of the individual, whether male or female. The Government provides statistical data in this connection showing the training provided to men and women, with particular reference to vocational training, skill-level assessment and vocational guidance. On the strength of the examples given, the Government states that not only are there no "typically male" jobs or occupations, but there is also a tendency among women to seek training in occupations formerly considered to be "typically male". In this connection, the Committee would again point out to the Government that this situation could be further improved through the adoption of appropriate measures to guide women towards training which is less typically or traditionally female in order to promote the principle of equality.

3. The Committee recalls that in its 1988 General Survey on equality in employment and occupation, it considered that archaic and stereotyped concepts with regard to the respective roles of men and women "are at the origin of types of discrimination based on sex and all lead to the same result: the nullification or impairment of equality of opportunity and treatment. Occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, is to a large extent the product of these archaic and stereotyped concepts" (paragraphs 38 and 97).

4. With regard to practical measures taken to apply a national policy to promote equality of opportunity and treatment for women, the Committee notes the information supplied by the Government and the summary of its report to the Fourth World Conference on Women held in Beijing in 1995. The Committee also notes the statistical data for the period from 1985 to 1995 showing that, during that period women progressed in a number of areas: the proportion of women in the total number of senior government officials increased from 5.7 per cent in 1980 to 11.8 per cent in 1992; the proportion of women in the management category increased from 13.7 per cent in 1984 to approximately 20 per cent in 1988; the proportion of women in the employers' category increased from 5.5 per cent in 1984 to 17.1 per cent in 1988. The Government also cites machinery and programmes that have been developed recently to encourage the advancement of women, such as the National Committee for Women (whose responsibilities include strengthening the role of women in society, improving the performance of women, studying the problems women encounter and the means of solving them on a scientific basis), the General Department for Women's Affairs of the Ministry of Social Affairs (which has carried out projects such as developing the role of women in food production, the creation of women's clubs for the improvement of living standards in local communities and the autonomous development of rural and urban communities) and the Ministry of Agriculture's unit responsible for policy and coordination in women's agricultural activities (which conducts many activities to improve the situation of rural women). The Committee asks the Government to continue to provide information on the progress made by the various mechanisms set up to improve the proportion of women in employment and their representation in high-level posts, which remains low in the above-mentioned sectors.

5. Observing that the Government cites in the report it presented at Beijing, the "domination of traditional values" especially in rural and isolated areas as one of the obstacles to women's integration in development and their entry into the formal labour market, the Committee hopes that the Government's next report will indicate measures taken or envisaged to overcome such obstacles.

6. The Committee raises other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report.

1. With regard to its request concerning the work of the placement services, the Ministry of Manpower and Vocational Training and, in particular, the Social Development Fund, the Committee notes the brief indications contained in the Government's report. It would be grateful if, in its next report, the Government would provide information of a more specific and practical nature on the work of these bodies. The Committee noted previously that research and practical studies on manpower planning and development are organized. It once again asks the Government to provide examples of such studies and information on the application of the principles of non-discrimination in this area.

2. The Committee notes the Government's statement in reply to its request concerning article 11 of the Constitution which provides that women shall have the means to reconcile their duties towards the family with their work in society "without prejudice to the provisions of Islamic law". It asks the Government to indicate in its next report the concrete measures taken to apply a national policy to promote equality of opportunity and treatment, particularly in respect of women, as provided for in Article 2 of the Convention, and to ensure that working women are protected against all discriminatory practices.

3. The Committee refers to Order No. 22 of 1982 listing the jobs which may not be performed by women, which was adopted under section 153 of the Labour Code. Referring to its 1988 General Survey on Equality in Employment and Occupation, particularly to paragraph 144 which deals with the legitimacy of protecting women workers against the biological risks which they face as women, the Committee points out that this legislation protecting women goes beyond protection against biological risks. It therefore asks the Government to indicate the manner in which it ensures that the legislation does not unduly restrict their access to employment. Furthermore, it asks the Government to indicate to what extent women are able to work in the industries or sectors listed in this Order, in jobs where they would not be directly exposed to prohibited substances or work which endangers their health.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. In its previous direct request, the Committee raised Order No. 22 of 1982, which lists the jobs which may not be performed by women. The Committee, referring to, in particular, paragraph 144 of its 1988 General Survey on Equality in Employment and Occupation, which deals with the legitimacy of protecting women workers against the biological risks which they face as women, pointed out that the Order protects women beyond the protection against risks to their reproductive role. The Government states in its report that the Order does not prohibit the employment of women in industrial work. However, it adds that, taking into consideration the physiological nature of women, the Order provides for their protection from work in certain industries which may endanger their health. According to the Government, with the exception of the industries mentioned in the Order, women are treated exactly as men in all types of employment. The Committee is sensitive to the needs of different countries when examining special measures of protection of women; its position as set out in Chapter III of the above-mentioned General Survey echoes that of the International Labour Conference in its 1975 Declaration on Equality of Opportunity and Treatment for Women Workers, namely that protection should aim at improvement of the conditions of all employees and special measures for women should be taken only for work proved to be potentially prejudicial to reproduction, and that such measures should be reviewed periodically in the light of advances in scientific knowledge. The Committee would therefore ask the Government whether the long list of jobs which are considered in Order No. 22 to be dangerous for health and morals, or too arduous to be performed by women, might be reviewed, so that it does not unduly restrict equal opportunity for women in access to these occupations and trades.

2. The Committee asked the Government to report on the concrete measures taken to apply a national policy to promote equality of opportunity and treatment in respect of women, in the light of article 11 of the Constitution which provides that women shall have the means to reconcile their duties towards the family with the work in society "without prejudice to the provisions of Islamic law". The Government points out that this provision is not discrimination, but rather takes into consideration the role of a working woman as a wife and mother. It adds that all national laws "strive to help women combine both roles as best as possible". The Government explains that the basis of Egyptian legislation is the Islamic Shari'a, which does not discriminate between men and women in employment. The Committee stresses that the Convention, while providing that the obligation to promote equality in employment and occupation must be carried out "by methods appropriate to national conditions and practice", requires that each Member for which it is in force declare and pursue a national policy to eliminate any discrimination in this respect based on, inter alia, sex. It would therefore appreciate receiving in the Government's next report details of the national methods being used to ensure women's equality in employment and occupation, including statistics on labour market participation disaggregated by sex, which the Government undertakes to send in its reply to the observation on this Convention. The Committee would also be grateful if the Government would supply copies of any national report on the situation of Egyptian women that might have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

3. For a number of years the Committee has been requesting specific information on the activities in practice of placement services, the Ministry of Manpower and Vocational Training and, in particular, the Social Development Fund in applying the principle of the Convention. It notes that the Government intends to transmit this information as soon as it is received from the competent authorities, and looks forward to examining examples of practical studies and training material.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with satisfaction the repeal, by Act No. 221 of 1994, of Act No. 33 of 1978 on the protection of the home front and social peace (which had restricted access to senior public sector posts on religious grounds) and the amendment, by the same Act, of certain provisions of Act No. 95 of 1980 concerning the protection of values, including section 4 (which had denied access on religious grounds to governing boards of public companies or bodies, or to posts and functions related to influencing public opinion and education of future generations).

2. The Committee recalls that it had also made comments in previous observations in relation to discrimination based on political opinion arising from section 18 of Act No. 148 of 1980 respecting the power of the press, which restricted newspaper publication or ownership on the basis of political grounds. The Committee recalls the Government's indication - in a letter of 28 January 1992 - that this Act would be repealed on the occasion of the revision of the law of the press. The Committee also notes from the Government's most recent report that the repeal of Act No. 33, mentioned above, means that the categories of persons whose right to publish or own newspapers was restricted due to their political beliefs no longer exist. The Government states that the national legislation has thus been brought into conformity with the Convention on this point. The Committee concludes from this that section 18 of Act No. 148 is consequently devoid of content and asks the Government to confirm that section 18 has no effect, and to inform it of any measures taken to remove section 18 from the press law. The Committee also asks the Government to indicate whether Presidential Decree No. 214 of 1978 concerning the principles of the protection of the home front and social peace is still in force.

3. With regard to the employment situation of women, the Committee notes that the Government denies that the Ministry of Manpower and Training had any intention to encourage women to stay at home. On the contrary, the Government encourages women to enter the labour market, with due consideration to their circumstances and providing the necessary care they need through the establishment of nurseries and the granting of child-care leave without loss of jobs. The Government adds that it will provide, in its next report, statistics on the number of secondary schools where women receive training in "household" work, and on the number of women holding high-level posts, as well as details on the Five-year Plan for Development (1992-97). The Committee looks forward to receiving this data. It repeats its request to the Government for information on measures taken in the area of vocational training irrespective of sex, particularly on vocational guidance criteria used to assess women's skills and interests in an effort to avoid stereotyping of training into "typically male" or "typically female" trades or occupations.

4. The Committee again asks for information on the adoption of the revised Labour Code, an initial version of which was completed with the technical assistance of the Office in 1994.

5. The Committee is addressing a direct request to the Government on other points.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report on the application of the Convention.

1. The Committee recalls that Presidential Decree No. 214 of 1978 concerning the principles of protection of the home front and social peace contains, inter alia, a provision under which "any person who is convicted of maintaining principles contrary to, or conflicting with, the divine laws may not occupy a senior post in the public administration or the public sector, publish articles in the newspapers or perform work in any organ of information or perform any other work that may influence public opinion". Two laws adopted under this text, namely Act No. 33 of 1978 on the protection of the home front and social peace, and Act No. 95 of 1980 concerning the protection of values, contain similar provisions. Under section 2 of Act No. 33, "any person convicted, following an investigation by the Socialist Public Prosecutor ... of advocating or of complicity in advocating doctrines which involve the rejection of the divine laws or which are contrary to their teachings, may not occupy a senior post in the State or the public sector whose attributions include the issuing of directions or orders, or a post which has a bearing on public opinion, or any post as a representative member on executive boards of public bodies and enterprises or press establishments". Under section 4 of Act No. 95, any person proved guilty of violating the fundamental values of the people, including their rights and religious values, is prohibited for a period of six months to five years from "being a candidate to, or occupying, the posts of chairman or of member of steering committees or governing boards of public companies or bodies" and from "occupying posts or performing functions which may influence public opinion or which are related to the education of future generations". Under the same section, the persons in question are transferred to another post, retaining their wages and seniority rights "unless they are deprived of them on legal grounds".

The Committee notes that the Government reiterates its position that these laws are not contrary to the Convention since they do not call for discrimination in employment on religious grounds, and that such discrimination is prohibited by law. It also notes that the Government considers that Article 4 of the Convention allows the punishment of persons who could impair the security of the State, cause civil conflicts and represent a threat to society. The Government states that the provisions of the 1978 and 1980 Acts are not applied in practice. The Committee recalls that the expression of opinions or religious, philosophical or political beliefs is not, in itself, a sufficient base for the application of the exception set out in Article 4 of the Convention for activities prejudicial to the security of the State, provided that those who advocate them do not resort to or incite violent methods. The Committee asks the Government once again to refer in this connection to paragraph 135 of its 1988 General Survey on Equality in Employment and Occupation.

The Committee therefore asks the Government to reconsider its position and to adopt measures to ensure that a distinction is made (as regards access to employment and terms and conditions of employment) between the expression of certain opinions and recourse to violent methods aimed at fundamental changes. The Committee points out that in the above-mentioned General Survey, it recalled in paragraph 127 that "criteria such as political opinion, national extraction and religion may be taken into account in connection with the inherent requirements of certain posts involving special responsibilities, but that if carried beyond certain limits, this practice comes into conflict with the provisions of the Convention".

2. The Committee recalls that, in its previous comments, it also raised the incompatibility of section 18 of Act No. 148 of 1980 respecting the power of the press, with the principles of the Convention. Section 18 forbids the publication, participation in the publication or the ownership of newspapers by certain categories of persons: those who are prohibited from exercising their political rights; who are banned from setting up or joining political parties; who profess doctrines that reject divine laws; and who have been convicted by the Court of (Moral) Values. The Committee also noted that Act No. 33, mentioned above, imposed restrictions, enforceable by disciplinary sanctions, on members of the journalists' trade union in respect, in particular, of the freedom to publish or disseminate through the press or any other information media articles prejudicial to the "democratic socialist regime of the State" or "to the socialist achievements of the workers and peasants". The Government indicated that section 18 does not restrict the right of any citizen to express his or her views through the various information media and that Act No. 148 would be repealed on the occasion of the revision of the law of the press. In its present report, the Government expresses surprise that the persons covered by Act No. 148 can be protected by the Convention.

The Committee recalls that these legislative provisions, to the extent that they establish discrimination based on political opinion which has the effect of nullifying or impairing the equality of opportunity and treatment in employment and occupation of these people, are contrary to Article 1, paragraph 1(a), of the Convention. The Committee trusts that, during the revision of the national legislation announced by the Government in a letter of 28 January 1992, the Government will take into account all its comments and will do everything in its power to ensure that the above-mentioned provisions are brought into conformity with the Convention in the very near future. It asks the Government to keep it informed of any measures taken to this end, and to inform it of any court decisions relevant to this point.

3. With regard to the employment situation of women, the Committee notes that, in reply to its previous comment, the Government indicates that it will shortly send a detailed report on this matter. It would be grateful if, with the report, the Government would send statistical data of the number of women holding high-level posts, and the sectors concerned, together with information on the specific measures for the promotion, in practice, of equality between men and women in employment. It asks the Government to provide information on any measures taken in the area of education and vocational training as regards the 1992 proposals of the Ministry of Manpower and Training, contained in the Government's strategy for employment, to encourage women to stay at home and to establish secondary schools to train women in household work, home-based production and small-scale projects. Recalling that, in the above-mentioned General Survey, the Committee pointed out that "the use of standards of general education that differentiate between men and women, as is the practice in some countries, very soon leads to discriminatory practices based on sex" (paragraph 78), the Committee again asks the Government to provide detailed information on the vocational guidance criteria used to assess women's skills and tastes.

4. Noting that in 1994 the Office provided technical assistance in revising the Labour Code, the Committee asks the Government to inform it of the adoption of the final text and to provide a copy of it.

5. The Committee is addressing a request directly to the Government concerning other points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous direct requests, the Committee notes the information supplied in the Government's reports, in particular the explanation of the work of the commissions responsible for workers' affairs and Act No. 203 of 1992.

1. Noting that section 94(6) of Act No. 47 of 1978 and section 96(6) of Act No. 48 of 1978, concerning respectively the conditions of service of civilian workers in the public administration and the conditions of workers in the public sector, provide that these workers may be dismissed by decision of the President of the Republic in the specific cases laid down in a special Act concerning this subject, and that pending promulgation of such Act, cases of non-disciplinary dismissals are regulated by Act No. 10 of 1981. The Committee had asked the Government to indicate whether non-disciplinary dismissals were still regulated in the public sector by this Act and, if not, to state the texts which apply. The Committee notes the Government's statements that Act No. 10 concerns insurance and has nothing to do with public sector dismissals, that the special Act has still not been promulgated and that the President has never ordered dismissals under these circumstances. The Committee asks the Government to inform it in future reports of any use made of the Presidential discretion.

2. The Committee notes the information supplied by the Government concerning the national employment policy in the context of the economic reform, the establishment and operation of the Social Development Fund, the work of placement services and the functions and organization of the Ministry of Manpower and Vocational Training. It notes, however, that this information concerns only texts of laws or general matters. The Committee would appreciate information of a more practical nature on the work of the above bodies, particularly the programmes of the Social Development Fund. In this connection, the Committee notes that the Ministry of Manpower and Vocational Training organizes research and practical studies on manpower planning and development and that particular importance is given to the establishment and development of training centres. The Committee would be grateful if the Government would provide examples of such studies, together with information on the application of the principles of non-discrimination in these areas.

3. The Committee also notes that Order No. 22 of 1980 contains a long list of jobs which are considered to be dangerous for health and morals or too arduous to be performed by women. Since, in the light of changes, some of these jobs may be regarded as no longer warranting the exclusion of women, the Committee would be grateful if the Government would indicate the measures taken or contemplated to review the list so that it does not unduly restrict equal opportunity and treatment for men and women in employment and occupation.

4. The Committee notes that article of the Constitution provides that women shall have the means to reconcile their duties towards the family with their work in society "without prejudice to the provisions of Islamic law". Since this raises the question of women's equal access to occupations, the Committee asks the Government to provide information on the practical effect of this provision.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the Government's reports and the discussion at the 1993 Conference Committee on the matters raised in its previous observation.

1. The Committee notes that, in both its report and the discussion in the Conference Committee, the Government again stated that Presidential Decision No. 214 of 1978 is not inconsistent with Article 1 of the Convention, since it aims to combat all forms of fundamentalism and terrorism, which is allowed by Article 4 of the Convention. The Government refers to its previous replies and indicates that Egyptian legislation authorizes adhesion to any opinion, whether political or religious. What it does punish, the Government states, is the call to deny religions, the call to adhere to certain abherrent opinions which are contrary to the fundamental principles of society, established in the Constitution or to exercise an activity which is prejudicial to the security of the State, and the call to use violent methods. The report specifies that anyone against whom a measure is taken in this respect may have recourse to the judiciary. The Government representative at the Conference also specified that only atheist propanganda and the use of violence are prohibited.

The Committee recalls that Presidential Decision No. 214 respecting the principles of the protection of the home front and social peace provides, amongst other things, that "anyone who is convicted of maintaining principles contrary to, or conflicting with, the divine laws may not hold a senior post in the public administration or the public sector, or publish articles in newspapers or perform work in any organ of information or perform any other work that may influence public opinion". Two laws issued under this text, namely Act No. 33 of 1978 respecting the protection of the home front and social peace and Act No. 95 of 1980 respecting the protection of values, contain similar provisions. The Committee notes that the Government representative at the Conference stated that these provisions were contrary to the Constitution and were not applied in practice. Although it is aware that Egypt has recently had to cope with increasing terrorism, the Committee is bound once again to stress that the above provisions should be brought into conformity with Article 1, paragraph 1(a), of the Convention, as regards both content and implementation, in respect of any exclusion or preference based on religion or the expression of opinions related to moral values. The Committee stresses once again that, in its 1988 General Survey on Equality in Employment and Occupation, it recalled in paragraph 127 that "criteria such as political opinion, national extraction and religion may be taken into account in connection with the inherent requirements of certain posts involving special responsibilities, but that if carried beyond certain limits, this practice comes into conflict with the provisions of the Convention". The Committee considers that the provisions of Presidential Decision No. 214 and those of the two Acts mentioned above go beyond what may be deemed to be in conformity with the Convention.

The Committee also refers to paragraph 135 of the above-mentioned General Survey, and recalls that the expression of opinions or religious, philosophical or political beliefs is not, in itself, a sufficient base for the application of the exception set out in Article 4 of the Convention for activities prejudicial to the security of the State, provided that no violent methods are advocated or used.

2. With regard to the inconsistency with the principles of the Convention of section 18 of Act No. 148 of 1980 respecting the power of the press (persons prohibited from exercising their political rights or from forming political parties, persons professing doctrines that reject divine laws and persons convicted by the Court of Moral Values may not publish or participate in the publication of newspapers, or own newspapers) and Act No. 33 mentioned above (which imposes restrictions, enforceable by disciplinary penalties, on members of the journalists' trade union in respect, in particular, of the freedom to publish or disseminate through the press or any other information media articles that are prejudicial to the "democratic socialist regime of the State" or to "the socialist achievements of the workers and peasants"), the Committee notes the Government's indication in its report that these laws do not prohibit any group or person holding political or religious opinions from exercising the profession of journalist or expressing opinions through a journalist. The Government states that section 18 of Act No. 148 applies to persons against whom final decisions have been handed down, and may be considered to be part of the supplementary sanctions which are known in all penal legislation and which aim to ensure the integrity of the press.

The Committee recalls that these legal provisions are contrary to Article 1, paragraph 1(a), of the Convention in that they may give rise to discrimination based on political opinion and have the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation for the persons concerned. The Committee recalls that the Government representative stated in the Conference Committee in 1991 that section 18 of Act No. 148 would be repealed when the law of the press was revised and that, in a letter of 28 January 1992, the Government indicated that it was undertaking the revision of national legislation in order to bring it into conformity with international Conventions. The Committee regrets to note that the report contains no further information on the revision, and asks the Government to inform it of developments.

3. The Committee none the less notes with interest that section 4 of Act No. 33 of 1978 which bans persons who held public sector posts before the revolution of 23 July 1952 from joining a political party or from exercising political rights or activities, was declared unconstitutional by the Constitutional Court on 21 June 1986 (Case No. 56, judicial year VI; decision published in Official Gazette No. 27 of 3 July 1986).

4. With regard to the employment of women, the Committee notes that the Government recalls the provisions of the law which govern the employment of women. It notes the Government's indication in its report that women's participation in economic activity is increasing steadily and has reached over 70 per cent in certain branches of the food, ready-to-wear apparel and pharmaceuticals industries. The Government also points out that women participate regularly in many training courses in certain occupations suited to their skills and tastes, such as spinning and weaving, medical occupations and home economics, but have also entered courses in non-traditional areas such as smelting, electricity and carpentry. In this connection, the Committee again draws the Government's attention to the fact that this situation could be improved through the adoption of appropriate measures to guide girls towards training for jobs which are not so typically or traditionally female in order to promote the principle of equality. The Committee refers to the above-mentioned General Survey of 1988 in which it points out, that archaic attitudes and stereotypes as regards the distribution of "male" and "female" tasks are "at the origin of types of discrimination based on sex and all lead to the same result: the nullification or impairment of equality of opportunity and treatment. Occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, is to a large extent the product of these archaic and stereotyped concepts" (paragraphs 38 and 97).

The Committee would also appreciate further information on the Third Five-Year Plan for the Economic Development of Egypt which began on 1 July 1992, and particularly the Ministry's proposals to encourage women to remain at home, and the establishment of secondary schools to train women in household work, home-based production and small-scale projects (see ILO: Social and Labour Bulletin, Vol. 4/92, p. 447). The Committee draws the Government's attention to the potential long-term effects of such a policy. It points out that it considered in the 1988 General Survey that "The use of standards of general education that differentiate between men and women, as is the practice in some countries, very soon leads to discriminatory practices based on sex" (paragraph 78). The Committee again asks the Government to provide in its next report detailed information on specific measures taken to promote, in practice, equality between men and women in employment, for example through education, information and vocational training. In this connection, the Committee asks the Government to provide particulars of the vocational guidance criteria used to assess women's skills and tastes. Noting that the statistics provided by the Government show a male/female ratio of 2:1 in the occupational category called "scientific and technical", the Committee asks the Government to provide specific data on the number of women doctors and labour inspectors.

5. The Committee notes that, since 1990, the Government's reports have referred to the revision of certain laws respecting, in particular, fundamental freedoms, freedom of association and equality of opportunity and treatment in employment, and that the Government representative at the Conference stated that amendment of these aspects of the legislation required more time. The Committee expresses the firm hope that the Government will make the necessary amendments in the near future to Presidential Decision No. 214 of 1978, section 18 of Act No. 148 of 1980 respecting the power of the press, Act No. 33 of 1978 respecting the protection of the home front and social peace and Act No. 95 of 1980 respecting the protection of values, so as to bring national legislation and practice fully into conformity with the Convention.

6. The Committee is addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report and requests it to refer also to its observation on the application of this Convention.

1. The Committee recalled previously that section 94(6) of Act No. 47 of 1978 and section 96(6) of Act No. 48 of 1978, concerning respectively the conditions of service of civilian workers in the public administration and the conditions of workers in the public sector, provide that these workers may be dismissed by decision of the President of the Republic in special cases laid down by the special Act concerning this subject. The Government indicated that this special Act had not yet been promulgated but that, in the meantime, cases of non-disciplinary dismissals were regulated by Act No. 10 of 1981. The Committee notes that the Government will transmit the text of this Act as soon as it has been received from the competent departments. It requests the Government to indicate in its next report whether non-disciplinary dismissals are still regulated in the public sector by this text and, if not, to state the texts which are applicable.

2. The Committee notes the information supplied by the Government concerning the national employment policy, in the context of economic reform, the establishment of the Social Development Fund and the work of the employment services. It notes that this information is of a general character and particularly economic in nature. It therefore requests the Government to supply with its next report more detailed information on the measures which have been taken to include in this policy the principle of non-discrimination provided for in the Convention and to promote in practice equality of opportunity and treatment.

The Committee notes that research is undertaken and studies prepared on manpower planning and development. It would be useful for the Committee to have at its disposal examples of such studies and information on the application of the principle of non-discrimination in this field.

3. With regard to the employment situation of women, the Committee notes that the Government limits itself to outlining the legislative provisions which govern their employment and does not provide information on the effect given in practice to the principle of the Convention. It notes in particular that, according to the report, women participate in vocational training which is appropriate for their capacities and preferences. In its previous direct request, the Committee noted that the proportion of women attending vocational training centres is much lower than the proportion of men. The Committee once again draws the Government's attention to this situation, which could be improved by taking appropriate measures to ensure equality between men and women in practice. The Committee considers that positive measures to guide girls towards training which is less traditionally or typically "feminine" might be such as to improve the situation and promote the principle of equality.

The Committee requests the Government to transmit with its next report statistics on the number of women employed in positions of responsibility and the sectors concerned, as well as information on specific measures which have been taken to promote in practice equality between men and women in employment, such as the measures taken in the fields of education, public information and vocational training.

4. Please also describe the general methods by which the national policy of equality set out in Article 2 of the Convention is implemented with regard to conditions of employment.

5. The Committee notes the information supplied on the activities and responsibilities of the commissions responsible for workers' affairs established under Acts Nos. 47 and 48 of 1978. It notes the adoption of Act No. 203 of 1992 and requests the Government to supply the text of this Act. It also requests the Government to indicate the manner in which these commissions apply the principles of non-discrimination in their fields of responsibility, as enumerated in the report.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report and the discussion in the Conference Committee in 1991 concerning the questions raised in its previous observation.

1. The Committee notes that the Government reiterated its position that Presidential Decision No. 214 of 1978 is not contrary to Article 1 of the Convention since it protects religions without discriminating between them and is intended to combat all forms of fundamentalism and terrorism with a view to maintaining the values of the community and promoting the welfare of the people, as permitted by Article 4 of the Convention.

The Committee recalls that Presidential Decision No. 214 respecting the principles of the protection of the home front and social peace contains, in particular, a provision under which "any person who is convicted of maintaining principles contrary to, or conflicting with, the divine laws may not occupy a senior post in the public administration or the public sector, publish articles in the newspapers or perform work in any organ of information or perform any other work that may influence public opinion". Two laws adopted under this text, namely Act No. 33 of 1978 respecting the protection of the home front and social peace, and Act No. 95 of 1980 respecting the protection of values, contain similar provisions. Under section 2 of Act No. 33, "any person convicted, following an investigation by the Socialist Public Prosecutor (...) of advocating or of complicity in advocating doctrines which involve the rejection of divine laws or which are contrary to their teachings, may not occupy a senior post in the State or the public sector whose attributions include the issuing of directions or orders, or a post which has a bearing on public opinion, or any post as a representative member on executive boards of public bodies and enterprises or press establishments". Similarly, under section 4 of Act No. 95, any person proved guilty of violating the fundamental values of the people, including the rights and religious values of the people, is prohibited, for a period of six months to five years, "from being a candidate to, or occupying, posts of chairman or of member of steering committees or of boards of administration of societies or public bodies" and "from occupying posts or performing functions which may influence public opinion or which are related to the education of future generations". Under the same section, the persons in question are transferred to another post, retaining their wages and seniority rights, unless they are deprived of them on legal grounds.

The Committee notes that, according to the Government representative at the Conference, many provisions contrary to the principles of equality contained in the Egyptian Constitution, have already been annulled, thereby making it possible to respect the principles of non-discrimination. Furthermore, in a recent report, the Government stated that these provisions are not used in practice and that there is currently no-one who would be penalized under the above Decision.

The Committee is bound to recall once again that conformity should be ensured in the wording as well as in the application of the above national provisions with Article 1, paragraph 1(a), of the Convention, regarding any exclusion or preference based on religion or the expression of opinions related to moral values. As emphasized in paragraph 127 of the Committee's 1988 General Survey on Equality in Employment and Occupation, "criteria such as political opinion, national extraction and religion may be taken into account in connection with the inherent requirements of certain posts involving special responsibilities, but that if carried beyond certain limits, this practice comes into conflict with the provisions of the Convention". It appears to the Committee that the provisions of Presidential Decision No. 214 go beyond what may be considered to be in conformity with the Convention.

The Committee further recalls that the expression of opinions or religious, philosophical or political beliefs is not in itself a sufficient basis for the application of the exception provided for in Article 4 of the Convention in respect of activities prejudicial to the security of the State, provided that no violent methods are advocated or used (the Committee requests the Government to refer to paragraph 135 of its 1988 General Survey).

The Committee therefore once again requests the Government to make every effort to amend the above legislation in order to ensure that the principle of non-discrimination in employment and occupation laid down by the Convention is applied in law and in practice to all persons, regardless of their religious affiliation or beliefs, and the expression given to them. The Committee trusts that in its next report the Government will supply information on the measures taken in this respect.

2. The Committee recalls that it also raised the incompatibility of section 18 of Act No. 148 of 1980 respecting the power of the press, with the principles of the Convention. Section 18 prohibits the publication, participation in the publication or the ownership of newspapers by certain categories of persons (persons prohibited from exercising their political rights or from forming political parties, persons professing doctrines that reject divine laws, and persons convicted by the Court of Moral Values). The Committee also noted that Act No. 33, mentioned above, imposed restrictions, enforced by disciplinary sanctions, on members of the journalists' trade union in respect, in particular, of the freedom to publish or disseminate through the press or any other information media articles prejudicial to the "democratic socialist regime of the State" or "to the socialist achievements of the workers and peasants".

The Committee notes that, in his statement to the Conference Committee, the Government representative stated that section 18 did not restrict the right of any citizen to express his views through the various means of mass media, and that Act No. 148 would be repealed on the occasion of the revision of the law of the press.

The Committee points out that these legislative provisions are contrary to Article 1, paragraph 1(a), of the Convention, to the extent that they may give rise to discrimination based on political opinion and have the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation for the persons concerned. The Committee notes that, in a letter dated 28 January 1992, the Government states that it is currently undertaking the revision of national legislation in order to bring it into conformity with international Conventions. It trusts that the Government will take into account, on that occasion, all of its comments on the application of the Convention and that it will make every effort to ensure that the above provisions are brought into conformity in the very near future with Article 1, paragraph 1(a), of the Convention. It requests the Government to keep it informed of any measure taken in this respect.

[The Government is asked to supply full particulars to the Conference at its 80th Session.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has taken note of the information supplied by the Government in its report and requests the Government to refer to its observation concerning the application of this Convention.

In its previous direct request, the Committee had requested the Government to transmit certain information, the copy of an Act and certain statistics. As the Government's report has only provided some of the statistics requested, the Committee is obliged to pursue the lines of its previous comments:

1. The Committee previously recalled that section 94, subsection 6, of Act No. 47 of 1978 and section 96, subsection 6, of Act No. 48 of 1978, concerning respectively the conditions of service of civilian workers in the public administration and the conditions of workers in the public sector, provide that these workers may be dismissed by decision of the President of the Republic in particular cases laid down by the special Act concerning this subject. The Government had indicated in its previous report that this special Act had not yet been promulgated, but that, in the meantime, cases of non-disciplinary dismissals were regulated by Act No. 10 of 1981. The Committee once again requests the Government to provide a copy of this Act with its next report.

2. The Committee had also requested the Government to provide detailed information on any positive measures taken in practice to give effect to the national policy referred to in Article 2 of the Convention, designed to promote equality of opportunity and treatment in respect of employment and occupation in the following areas: (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment (according to the report form for this Convention under Article 2).

The Committee would also like to have detailed information on the manner in which the above-mentioned national policy is applied in practice: (1) for employment under the direct control of a national authority; (2) concerning vocational training and guidance controlled by the national authorities; and (3) by the public placement services (information requested in the report form for the Convention under Article 3(d) and (e)).

The Committee notes that the Government reiterates its previous indication that the legislative provisions in force guarantee the application of the principles of equality in all areas relating to employment and occupation and that there is no discrimination on the basis of sex or religion. Furthermore, the Government indicates that, as concerns vocational training, the Minister of Manpower and Training is responsible for studying the technical and financial aspects of projects and for ensuring their conformity with the national policy for the development of labour resources and for responding to national needs. None the less, the Committee would like to have available to it more complete information on the measures taken (for example, in the field of public education and information and in the field of vocational training and access to employment) in order to promote the application of the Convention, particularly in respect of women.

According to the statistics provided by the Government, the proportion of women (i.e. about 13 per cent) who participate in the national vocational training centers is much lower than the proportion of men. The Committee draws the Government's attention to this situation which, in its opinion, could be improved by taking appropriate measures to ensure equality between men and women in practice.

The Committee requests the Government to transmit, with its next report, statistics on the number of employed persons in the private sector and in the public sector and on the number of women employed in positions of responsibility, as well as details on the activities of the commissions responsible for workers' affairs, the establishment of which is provided for by the above-mentioned Acts Nos. 47 and 48 of 1978.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has taken note of the Government's report and of the information supplied in answer to its previous comments.

1. The Committee had noted earlier that Presidential Decision No. 214 of 1978 respecting the principles of the protection of the home front and social peace included a provision according to which "any person who is convicted of maintaining principles contrary to, or conflicting with, the divine laws may not occupy a senior post in the public administration or the public sector, publish articles in the newspapers or perform work in any organ of information or perform any other work that may influence public opinion". The Committee also noted that two laws adopted under the Decision, namely, Act No. 33 of 1978 respecting the defence of the home front and social peace and Act No. 95 of 1980 respecting the protection of values, contained similar provisions. Under section 2 of Act No. 33, "any person convicted, following an investigation by the Socialist Public Prosecutor, of advocating, or of complicity of advocating, doctrines which involve the rejection of divine laws or which are contrary to their teachings, may not occupy a senior post in the State or the public sector whose attributions include the issuing of directions or orders, or a post which has a bearing on public opinion, or any post of representative members on executive boards of public bodies and enterprises or press establishments". Similarly, under section 4 of Act No. 95 of 1980, any person proved guilty of violating the fundamental values of the people, including the rights and religious values of the people, is prohibited, for a period of six months to five years, "from being a candidate to, or occupying, posts of chairman or of member of steering committees or of boards of administration of societies or public bodies" and "from occupying posts or performing functions which may influence public opinion or which are related to the education of future generations". Under the same section, the persons in question are transferred to another post, retaining their wages and seniority rights unless they are deprived of them on legal grounds.

The Committee notes from the Government's report that Presidential Decision No. 214 concerns any person likely to oppose or combat the divine religions but that at present there is none in the country who is so engaged. It is further stated that the relevant provisions, while not applied in practice, are maintained in order to protect the divine religions and ensure the security of the State, as allowed by Article 4 of the Convention. The Government also recalls that article 40 of the National Constitution ensures for all citizens equality before the law.

As the Committee had pointed out in earlier comments, conformity should be ensured in the wording as well as in the application of the above-mentioned national provisions with Article 1(a) of the Convention, regarding any exclusion or preference based on religion. (The Committee requests the Government to refer in this respect to paragraphs 47 to 49 of its General Survey of 1988 on equality in employment and occupation.) The Committee further recalls that the expression of opinions or religious, philosophical or political beliefs is not in itself a sufficient base for the application of the exception provided for in Article 4 of the Convention in respect of activities prejudicial to the security of the State, provided that no violent methods are advocated or used (the Committee requests the Government to refer to paragraph 135 of the same General Survey).

The Committee once again draws the Government's attention to the need to re-examine all the national provisions in question in relation to the relevant provisions of the Convention. It requests the Government to make every effort to amend the above legislation in order to ensure that the principle of non-discrimination in employment and occupation laid down by the Convention is applied to all persons, regardless of their religious application or beliefs. The Committee asks the Government to report any measures taken to this end.

2. In earlier comments the Committee raised the question of section 18 of Act No. 148 of 1980 respecting the power of the press, being contrary to the principles of the Convention. Section 18 prohibits the publication, participation in the publication or the ownership of newspapers, to certain categories of persons (persons prohibited from exercising their political rights or from forming political parties, persons professing doctrines that reject divine laws, and persons convicted by the Court of moral values). The Committee had also noted that Act No. 33, mentioned above, imposed restrictions, enforced by disciplinary sanctions, on members of the journalists' trade unions, in respect, in particular, of the freedom to publish or disseminate, through the press or any other information media, articles prejudicial to the "democratic socialist regime of the State" or "to the socialist achievements of the workers and peasants".

The Committee points out that the legislative provisions in question are contrary to Article 1(a) of the Convention, to the extent that they give rise to discrimination based on political opinion and having the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation for the persons concerned. The Committee notes that the Government reiterates in its report its earlier statement according to which section 18 of Act No. 148 was to be repealed on the occasion of a revision of the press law and also indicates that Act No. 33 is under discussion by the competent services.

The Committee hopes that the Government will make every effort in order soon to bring the above-mentioned provisions into conformity with the Convention in respect of Article 1(a). It requests the Government to indicate any progress made in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied in reply to its previous comments and requests the Government also to refer to its observation.

1. The Committee notes the Government's indications that the special Act mentioned in paragraph 6 of section 94 of Act No. 47 of 1978 and in paragraph 6 of section 96 of Act No. 48 of 1978 (concerning, respectively, the status of civilian workers in the public service and the status of workers in the public service) and which determines the cases in which such workers may be dismissed by a decision of the President of the Republic, has not yet been promulgated. The Government adds, however, that dismissals on non-disciplinary grounds are governed in the meantime by Act No. 10 of 1981. The Committee requests the Government to supply a copy of Act No. 10 with its next report.

2. In its previous comments the Committee had also requested the Government to supply information on any positive measures taken in practice to implement the national policy of promoting equality of opportunity and treatment in: (a) access to vocational training; (b) access to employment and to different occupations; and (c) conditions of employment (which is provided for in the report form for this Covention under Article 2). Moreover, it had asked for details on: (a) the way in which the above-mentioned national policy is applied in practice with regard to jobs directly controlled by the public authorities; (b) the measures taken to promote equality of opportunity and treatment in training and vocational guidance and training which are supervised by the national authorities; (c) the way in which the public placement services ensure the application of the principle of non-discrimination (information requested in the report form for this Convention under Article 3(d) and (e)).

In reply, the Government indicates that, as regards vocational training, the plans of the Ministry of Manpower and Training provide for the development and modernisation of the training centres which are the responsibility of this Ministry. As regards employment, the national policy takes account of the current legislation on the subject, namely the Constitution, the Labour Code and the ministerial ordinances issued for this. The Committee notes these indications and hopes that the Government will be able to supply more detailed information on the measures taken (for example, in the field of education and public information, and in that of vocational training and access to employment, etc.) so as to promote the application of the principle of non-discrimination which is set out in the Convention, particularly as regards women, as well as to supply information on the results obtained. In particular, the Committee would like to have statistical data on the number of persons (designated by sex and religion) attending schools and training and vocational training courses, as well as on the number of persons holding positions in both the private and the public sectors, and on the number of women employed in posts of responsibility. The Committee hopes that the next report will contain the above-mentioned information and details on the activities of the commissions responsible for workers' matters which are to be set up under Acts Nos. 47 and 48 referred to above.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous comments, the Committee referred, amongst other matters, to Presidential Decision No. 214 of 1978 respecting the principles of the protection of the home front and social peace, and noted the Government's statement that the first of the principles laid down in this Decision is not applied in practice. According to this principle, any person who is convicted of maintaining principles contrary to, or conflicting with, the divine laws may not occupy a senior post in the public administration or the public sector, publish articles in the newspapers or perform work in any organ of information or perform any other work that may influence public opinion. The Committee also noted the Government's statement that Act No. 33 of 1978 respecting the defence of the home front and social peace and Act No. 95 of 1980 respecting the protection of values were adopted under the above-mentioned Decision. It therefore asked the Government to provide copies of these laws and to indicate the measures taken or under consideration to repeal or amend the provisions of the first principle laid down in Presidential Decision No. 214 in order to ensure that practical effect is given to article 40 of the national Constitution. Under this article all citizens are equal before the law and have the same rights and obligations without distinction as to race, origin, language, religion or belief. This action would ensure, in accordance with the Convention, that no discrimination on the basis of religion is exercised in respect of access to employment and occupation.

In reply, the Government states in its last report that the first principle of Decision No. 214 does not conflict with the above-mentioned provision of the Constitution, that freedom of religion is guaranteed to all persons belonging to one of the three "divine religions" practised in the country and that no discrimination or preference is exercised by reason of a person's belonging to any of these three religions. The Government adds that the provision concerning the principle in question must be maintained in order to guarantee state security. The Government communicated the text of the above legislation.

The Committee has examined this legislation, i.e. Acts Nos. 33 of 1978 and 95 of 1980. It notes, however, that under section 2 of Act No. 33, any person convicted, following an investigation by the Socialist Public Prosecutor, of advocating, or of complicity in advocating, doctrines which involve the rejection of the divine laws or which are contrary to their teachings, may not occupy a senior post in the State or the public sector whose attributions include the issuing of directions or orders or a post which has a bearing on public opinion, or any post of delegate members on executive boards of state bodies and enterprises or press establishments. Similarly, under section 4 of Act No. 95 of 1980, any person proved guilty of violating the fundamental values of the people (including the principles whereby the rights and religious values of the people are safeguarded), is prohibited, for a period of from six months to five years, from occupying posts or performing functions which may influence public opinion or which are related to the education of future generations. Under the same section, the persons in question are transferred to another post, retaining their wages and seniority rights unless they are deprived thereof on legal grounds.

In view of the above provisions of the national legislation and of the fact that, under Article 1(a) of the Convention, any decision, exclusion or preference on the basis of religion which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation, constitutes discrimination, the Committee asks the Government to indicate how the Convention is applied in this regard, both to persons who belong to any of the three religions referred to by the Government and to persons who do not belong to these religions. The Committee also asks the Government to state how equality of treatment as provided in the Convention is ensured in practice between the persons who belong to the three religions in question. The Committee would also like to receive copies of the decisions taken by the Socialist Public Prosector under the provisions of Acts Nos. 33 of 1978 and 95 of 1980 and of any appeals against such decisions by the persons concerned. (With regard to the scope of the Convention on this point, the Committee asks the Government to refer to paragraphs 47 to 49 of its 1988 General Survey on Equality in Employment and Occupation.)

With regard to state security, which the Government invokes to justify the maintenance of the above-mentioned provisions of the national legislation, the Committee recalls - as it did in paragraph 135 of its General Survey - that the expression of opinions or religious, philosophical or political beliefs does not in itself justify the application of the exception provided for in Article 4 of the Convention in respect of activities prejudicial to the security of the State, provided that this expression of opinions or beliefs does not involve the use of violent methods to bring about fundamental changes to state institutions. The Committee therefore hopes that the Government will be able to re-examine this question and make every effort to amend the above legislation in order to ensure that the principle of non-discrimination in access to employment and occupation laid down in the Convention is applied to all persons, regardless of their religious beliefs. The Committee asks the Government to indicate any progress achieved in this regard.

2. The Committee also referred to section 18 of Act No. 148 of 1980 respecting the power of the press, which provides that the publication, participation in the publication or the ownership of newspapers is prohibited to certain classes of persons. It noted the Government's statement that this section is not applied in practice and expressed the hope that the provision could be repealed on the occasion of a forthcoming revision of the press law. In its last report, the Government states that the prohibition laid down in section 18 of Act No. 148 is limited to the production and ownership of newspapers and does not affect the publication of articles, the expression of opinions or the exercise of the profession of journalist.

The Committee takes note of this statement. Noting that Act No. 33 of 1978 also contains prohibitions on the freedom to publish or disseminate, through the press or any other information media, articles prejudicial to the democratic socialist regime of the State or to the socialist achievements of the workers and the peasants, which affect, inter alia, under section 8 of this Act, the members of journalists' trade unions, the Committee again expresses the hope that the Government will be able to reconsider the possibility of repealing or amending the above-mentioned provisions in so far as they constitute discrimination based on political opinions and by nullifying or impairing equality of opportunity and treatment in employment and occupation in respect of the persons concerned, in contradiction to Article 1(a) of the Convention. The Committee asks the Government to indicate any progress made in this respect.