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

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views, or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted the following provisions under the national legislation under which penal sanctions involving compulsory prison labour (pursuant to sections 16 and 20 of the Penal Code) may be imposed in situations covered by Article 1(a), namely:

• -section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and by Act No. 93 of 28 May 1995, regarding the production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, or emphasizing aspects which are not appropriate;
• -the Meetings Act (No. 10 of 1914) and the Right to Public Meetings and Peaceful Assemblies Act (Act No. 107 of 2013, section 9) granting general powers to prohibit or dissolve meetings, even in private places.

The Committee notes the Government’s information in its report that pursuant to Act No 10 of 1914 and Act No 107 of 2013, no penalties shall be imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. Thus, only using violence or carrying weapons and any other tools that endanger the life and property of citizens, or affect the course of justice, public utilities, destruction of roads and transportation, or any other act that falls outside the scope of exercising the right to demonstrate peacefully and legitimately, shall be punished. The Committee notes that as per section 72 of Act No 107 of 2013, imprisonment for not more than one year and a fine shall be imposed on whoever conducts any prohibited activities contained in section 9 of the Act. In this regard, the Committee notes the Government’s information that penalties involving imprisonment for less than one year do not lead to compulsory labour under section 20 of the Penal Code.

The Committee further notes the Government’s indication that section 178(3) of the Penal Code has been amended by Act No. 93 of 1995 such that the penalty prescribed for its violation shall be fines instead of imprisonment. The Committee requests the Government to supply a copy of Act No. 93 of 1995.

Article 1(c). Sanctions involving compulsory labour as a means of labour discipline. Seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of Act No 167 of 1960 on Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, according to which penalties of imprisonment (involving compulsory labour) may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) prohibits the exaction of compulsory labour as a means of labour discipline. It observed that, in order to be compatible with the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons. The Committee previously noted the Government’s indication that the above Act was being amended.

The Committee notes the Government’s information that according to section 4 of the Act, if a violation under this Act has been established, the offender shall be referred to the disciplinary Committee and that there shall be no criminal proceedings and the penalties shall be disciplinary. However, pursuant to section 14 the penalty of imprisonment shall exceptionally be considered if the offence is committed by more than three persons and following prior agreement between two of them, and this is in rare cases. The Government further indicates that Act No 167 of 1960 is in the process of undergoing amendments in order to harmonize its provisions with the Convention. The Committee reiterates its hope that the necessary measures will be taken to revise the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, in order to bring sections 13(5) and 14 into conformity with the Convention. The Committee requests the Government to supply a copy of the amended text, as soon as it is adopted.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for participation in strikes. For many years, the Committee has been referring to sections 124, 124A and B, and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment for up to one year (with the possibility of doubling the term of imprisonment), which may involve compulsory labour pursuant to section 20 of the Penal Code. It noted the Government’s statement that while the penalty of hard labour (Act No. 169 of November 1981) has been abolished, prisoners have to perform work according to Law No. 396 of 1956 on Prison Regulations as well as section 20 of the Penal Code which aims at rehabilitating prisoners and providing them with the appropriate training and skills.

The Committee notes the Government’s detailed information concerning the obligations under the International Covenant on Civil and Political Rights and on the provisions under the Constitution on reforming and rehabilitating convicts and Act No 396 of 1956 regulating the employment and working conditions of prison inmates. The Government thus states that the sentence of imprisonment accompanied by labour is not deemed forced or compulsory labour. In this regard, the Committee once again recalls that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons participating peacefully in a strike.  Therefore, the Committee once again urges the Government to take the necessary measures to repeal or amend the above provisions of the Penal Code, so that no sanctions involving compulsory prison labour can be imposed for the mere fact of persons peacefully participating in strikes. Pending the adoption of such measures, the Committee requests the Government to provide copies of court decisions passed under the above-mentioned sections of the Penal Code in order to assess their application in practice.

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

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

• – sections 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibit the following: advocacy, by any means of opposition to the fundamental principles of the socialist system of the State; encouraging aversion or contempt for these principles; constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;
• – sections 98(b) and (b)bis, and 174 of the Penal Code concerning advocacy of certain doctrines;
• – section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970, regarding the dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;
• – section 188 of the Penal Code concerning the dissemination of false news which may harm the public interest.

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

The Committee notes the Government’s information in its report that offences under sections 98(b), 98(b)bis and 174 of the Penal Code shall be punished with imprisonment only if it involves the use of force or violence or terrorism. The Committee, however, observes that the provisions under sections 98 (b)bis and 174 of the Penal Code do not refer to the use of force or violence for prescribing the penalties of imprisonment. The Committee therefore urges the Government to ensure that sections 98(b), 98(b)bis and section 174 of the Penal Code are amended, without delay, by clearly restricting the application of these provisions to situations connected to the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. It requests the Government to provide information on any measures taken in this regard.

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

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

Furthermore, the Committee, in its previous comments, noted the following provisions that are enforceable with sanctions of imprisonment which may involve an obligation to perform labour in prison:

• – section 11 of Act No. 84/2002 on non-governmental organizations prohibits associations from performing activities threatening national unity, violating public order or calling for discrimination between citizens on the grounds of race, origin, colour, language, religion or creed;
• – sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibit the following acts: attacking the religious faith of third parties; inciting prejudice and contempt for any religious group in society; and attacking the work of public officials.

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

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

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

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

Article 1(c) of the Convention. Sanctions involving compulsory labour as a means of labour discipline. Seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, according to which penalties of imprisonment (involving compulsory labour) may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) prohibits the exaction of compulsory labour as a means of labour discipline. It observed that, in order to be compatible with the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons. The Committee previously noted the Government’s indication that the above Act was being amended.

The Committee notes once again the Government’s indication that it has submitted the Committee’s request to the relevant authorities for further examination, and will inform on the progress made in this regard. The Committee reiterates its hope that the necessary measures will be taken to revise the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, in order to bring sections 13(5) and 14 into conformity with the Convention. The Committee requests the Government to supply a copy of the amended text, as soon as it is adopted.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for participation in strikes. For many years, the Committee has been referring to sections 124, 124A and B, and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment for up to one year (with the possibility of doubling the term of imprisonment), which may involve compulsory labour pursuant to section 20 of the Penal Code. The Committee requested the Government to take the necessary measures to repeal or amend the above provisions of the Penal Code.

The Committee notes the Government’s indication in its report that following its ratification of the International Covenant on Economic, Social and Cultural Rights in 1981, it has committed to respect the right to strike. The Government also states that while the penalty of hard labour (Act No. 169 of November 1981) has been abolished, prisoners have to perform work according to Law No. 396 of 1956 on Prison Regulations as well as section 20 of the Penal Code. Such work aims at rehabilitating prisoners and providing them with the appropriate training and skills. The Committee notes the comprehensive explanations provided by the Government regarding the working conditions of prisoners. However, the Committee points out that under sections 124, 124A and B, and 374 of the Penal Code, strikes by any public employee may be punished with imprisonment for up to one year (with the possibility of doubling the term of imprisonment), which may involve compulsory labour pursuant to section 20 of the Penal Code. The Committee further recalls that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons participating peacefully in a strike. Therefore, the Committee urges the Government to take the necessary measures to repeal or amend the above provisions of the Penal Code, so that no sanctions involving compulsory prison labour can be imposed for the mere fact of persons peacefully participating in strikes. Pending the adoption of such measures, the Committee requests the Government to provide copies of court decisions passed under the abovementioned sections of the Penal Code in order to assess their application in practice.

Communication of texts. The Committee requests the Government to indicate whether Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps and the laws concerning the enforcement of arbitration sentences have been repealed, and to provide a copy of the Political Party Law (Act No. 12/2011).

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

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

• -section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and by Act No. 93 of 28 May 1995, regarding the production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, or emphasizing aspects which are not appropriate;
• -section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interest;
• -section 98(a) bis and (d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibits the following: advocacy, by any means of opposition to the fundamental principles of the socialist system of the State; encouraging aversion or contempt for these principles; constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;
• -sections 98(b) and (b) bis, and 174 of the Penal Code concerning advocacy of certain doctrines;
• -section 102 bis of the Penal Code, as amended by Act No. 34 of 24 May 1970, regarding the dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;
• -section 188 of the Penal Code concerning the dissemination of false news which may harm the public interest;
• -the Meetings Act (No. 10 of 1914) and the Right to Public Meetings and Peaceful Assemblies Act (Law No. 107 of 2013) granting general powers to prohibit or dissolve meetings, even in private places.

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

• -section 11 of Act No. 84/2002 on non-governmental organizations prohibits associations from performing activities threatening national unity, violating public order or calling for discrimination between citizens on the grounds of race, origin, colour, language, religion or creed;
• -sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibit the following acts: attacking the religious faith of third parties; inciting prejudice and contempt for any religious group in society; and attacking the work of public officials.

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

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

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

• -section 178(3) (production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, or emphasizing aspects which are not appropriate);
• -section 80(d) (wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the reputation of the State);
• -section 98(a) bis and (d) (advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State and constituting or participating in any association or group pursuing any of the foregoing aims);
• -sections 98(b) and (b) bis, and 174 (advocacy of certain doctrines); section 102 bis and 188 (the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security) aim at protecting the public interest of the nation from acts that violate public order or harm or expose the interests of citizens to danger.

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

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

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

Therefore, the Committee once again recalls that restrictions on fundamental rights and liberties, including freedom of expression, may have a bearing on the application of the Convention if such measures are enforced by sanctions involving compulsory prison labour. Referring to its 2012 General Survey on the fundamental Conventions, paragraph 302, the Committee points out that the range of activities which must be protected from punishment involving compulsory labour, under Article 1(a), include the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and which may also be affected by measures of political coercion. The Committee finally emphasizes that the protection conferred by the Convention is not limited to the expression or manifestation of opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are protected by the Convention as long as they do not resort to or call for violent means to these ends.

In view of the above, the Committee, once again deplores that despite the comments it has been making for a number of years, Act No. 10 of 1914 on Meetings, Act No. 107 of 2013 on the Right to Public Meetings and Peaceful Assemblies, Act No. 84/2002 on non-governmental organizations, as well as sections 80, 98, 102, 174 and 188 of the Penal Code, have not been amended to bring them in line with the Convention. The Committee therefore strongly urges the Government to take immediate and effective measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee requests the Government to ensure that the provisions of Act No. 10 of 1914 on Meetings, Act No. 107 of 2013 on the Right to Public Meetings and Peaceful Assemblies, Act No. 84/2002 on non-governmental organizations, as well as sections 80, 98, 102, 174 and 188 of the Penal Code are amended, by clearly restricting the application of these provisions to situations connected to the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee also requests the Government to take the necessary measures to ensure that the application in practice of the abovementioned legislation does not lead to punishment involving compulsory labour in situations covered by Article 1(a) of the Convention. Lastly, with regard to the amendment to Act No. 96/1996 on the Reorganization of the Press, the Committee requests the Government to provide information on any progress made regarding the adoption of the new Press and Media Act, and to provide a copy of the Act, once adopted. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of these provisions in practice, including sample copies of the court decisions and indicating the penalties imposed, the number of individuals whose penalties involve compulsory prison labour according to sections 16 and 20 of the Penal Code.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(c) of the Convention. Sanctions involving compulsory labour as a means of labour discipline. Seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, according to which penalties of imprisonment (involving compulsory labour) may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) prohibits the exaction of compulsory labour as a means of labour discipline. It observed that, in order to be compatible with the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons. The Committee previously noted the Government’s indication that the above Act was being amended.

The Committee notes the Government’s indication that it has submitted the Committee’s request to the relevant authorities for further examination, and will inform on the progress made in this regard. The Committee hopes that the necessary measures will be taken to revise the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, in order to bring sections 13(5) and 14 into conformity with the Convention. The Committee requests the Government to supply a copy of the amended text, as soon as it is adopted.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for participation in strikes. For many years, the Committee has been referring to sections 124, 124A and B, and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment for up to one year (with the possibility of doubling the term of imprisonment), which may involve compulsory labour pursuant to section 20 of the Penal Code. The Committee requested the Government to take the necessary measures to repeal or amend the above provisions of the Penal Code.

The Committee notes the Government’s indication in its report that, section 124 provides that a penalty of detention for a period not exceeding six months or paying a fine may be imposed on any public official or employee who leaves his work or refrains from performing his duty, with the aim of impeding the process of work or disturbing its regularity. The penalty shall be doubled if leaving work or refraining from performing any of his official’s duties is liable to endanger the life, health, or safety of the population, or cause trouble or sedition among the population or damage the public interest. The Government also adds that under section 20 of the Penal Code, the judge shall pass a judgement of penal servitude whenever the penalty period sentence is for one year or more, and also in the other cases determined by the law. According to the Government, as the sanction provided for under section 124 is imprisonment for a period not exceeding six months, and penal servitude (imprisonment with hard labour) is only applied for one year or more, there is no contradiction with the Convention.

The Committee observes that, pursuant to sections 124, 124A and B, and 374 of the Penal Code, public employees who abandon their jobs or voluntarily abstain from performing any obligation in order to participate in strikes, are liable to three months to one year imprisonment, involving compulsory prison labour. It also notes that by virtue of Act No. 169 of November 1981 the penalty of hard labour (penal servitude) was abolished. However, under section 16 of the Penal Code, convicted prisoners still have to perform labour. The Committee recalls that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons participating peacefully in a strike. Therefore, the Committee once again expresses the firm hope that the necessary measures will at last be taken to repeal or amend the above provisions of the Penal Code, so that no sanctions involving compulsory labour can be imposed for the mere fact of peacefully participate in strikes. Pending the adoption of such measures, the Committee requests the Government to provide copies of court decisions passed under the abovementioned sections of the Penal Code.

Communication of texts. The Committee requests the Government to indicate whether Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps and the laws concerning the enforcement of arbitration sentences have been repealed, and to provide a copy of the Political Party Law (Act No. 12/2011).

[The Government is asked to reply in full to the present comments in 2018.]

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

• -section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and by Act No. 93 of 28 May 1995, regarding the production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, or emphasizing aspects which are not appropriate;
• -section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interest;
• -section 98(a)bis and (d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibits the following: advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State; encouraging aversion or contempt for these principles; constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;
• -sections 98(b) and (b)bis, and 174 of the Penal Code concerning advocacy of certain doctrines;
• -section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970, regarding the dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;
• -section 188 of the Penal Code concerning the dissemination of false news which may harm the public interest;
• -the Public Meetings Act (No. 14 of 1923), and the Meetings Act (No. 10 of 1914), granting general powers to prohibit or dissolve meetings, even in private places.

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

• -section 11 of Act No. 84/2002 on non-governmental organizations prohibits associations from performing activities threatening national unity, violating public order or calling for discrimination between citizens on the grounds of race, origin, colour, language, religion or creed;
• -sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibit the following acts: attacking the religious faith of third parties; inciting prejudice and contempt for any religious group in society; and attacking the work of public officials.

In addition, the Committee noted the Government’s explanations in its 2015 report that, Act No. 95 of 2003, which repealed Act No. 105 of 1980 concerning the establishment of state security courts, abolished the sanction of hard labour, and therefore the sanctions to which the Committee was referring had been amended. The Government also added that section 41 of Act No. 96/1996 on the reorganization of the press, as amended by Act No. 1 of 2012, specifies that detention shall not be authorized by the judge pending investigation of press related charges. Subsequent to the 2012 amendment, section 20 of the Penal Code has also been amended to provide that the judge shall hand down a sentence of hard labour whenever the period of punishment exceeds one year. The Government states that, as the penalties imposed for the violations cited in section 11 of Act No. 84 of 2002, and also those set out in sections 20 and 21 of Act No. 96/1996, are for less than one year, they are not incompatible with the Convention.

With regard to the Government’s explanations on the abolition of the sanction of “hard labour”, the Committee observed that under section 20 of the Penal Code, penalties of imprisonment still involve compulsory prison labour. The Committee drew the Government’s attention to the fact that the application of the Convention is not restricted to sentences of “hard labour” or other particularly arduous forms of labour, as opposed to ordinary prison labour. The Convention prohibits the use of “any form” of compulsory prison labour, as a sanction for holding or expressing political views, or views ideologically opposed to the established political, social or economic system.

Finally, the Committee noted the Government’s indication that Act No. 10 of 1914 which grants general powers to prohibit or dissolve meetings, even in private places, only prohibits assemblies which threaten public peace, and the penalties specified in this Act do not include imprisonment, unless the persons assembled have weapons, cause any death, or inflict intentional damage on public buildings and bodies, which reflects a violation of public peace. Moreover, Law No. 107 of 2013 on the right to public meetings and peaceful assemblies repealed Act No. 14 of 1923 on public meetings. According to the Government, Act No. 107 only punishes acts which violate the rules regulating the holding of meetings, processions and peaceful demonstrations.

While having noted the above explanations, the Committee observed that the European Parliament and the UN Human Rights Council had referred to Law No. 107 of 2013 on the right to public meetings and peaceful assemblies, and had called on the Government to end all acts of violence, intimidation and censorship against political dissenters, journalists and trade unionists. In this regard, the Committee urged the Government to take the necessary measures to bring the above legislation into conformity with the Convention.

The Committee notes with regret an absence of information on this point in the Government’s report. The Committee observes that in a joint letter dated 29 July 2016 (Case No. EGY7/2016) issued by several bodies of the United Nations, including the Working Group on Arbitrary Detention, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, and the Special Rapporteur on the situation of human rights defenders (pursuant to Human Rights Council resolutions 24/7, 24/5, 24/6, 25/13 and 25/18) underlined that Law No. 107 of 2013, which severely limits freedom of peaceful assembly and association, is regularly invoked by the authorities to crack down on protesters with excessive or unnecessary force to disperse unauthorized demonstrations and other public gatherings, often resulting in serious injuries, detention and sometimes even death of protesters. According to the same document, nearly 60,000 persons have been detained for political reasons from July 2013 to July 2016.

The Committee further notes that in his report presented to the UN General Assembly in June 2017, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, reiterated his utmost concern at the past year’s serious escalation of the crackdown on independent civil society, including on human rights defenders, lawyers, trade unions, journalists, political opponents and protestors in Egypt. The Special Rapporteur received a large amount of information regarding interrogations, judicial harassment, torture, ill-treatment, arbitrary detention, unfair trials, asset freezes, travel bans and closure orders of civil society organizations in Egypt. He expressed particular concern that the abovementioned persons appear to be targeted for peacefully carrying out their human rights activities as well as for legitimately exercising their rights to freedom of expression and freedom of association. He underlines that such attacks may be representative of intent by the authorities to intimidate and silence media, trade unions, organizations and human rights defenders operating in Egypt (A/HRC/35/28/Add.3, paragraph 548).

In view of the above, the Committee deplores that despite the comments it has been making for a number of years, the Meetings Act (No. 10 of 1914), Act No. 107 of 2013 on the right to public meetings and peaceful assemblies, Act No. 84/2002 on non-governmental organizations, Act No. 1 of 2012 on the reorganization of the press, as well as sections 80, 98, 102, 174 and 188 of the Penal Code, have not been amended to bring them into conformity with the Convention. The Committee once again recalls that restrictions on fundamental rights and liberties, including freedom of expression, may have a bearing on the application of the Convention if such measures are enforced by sanctions involving compulsory labour. Referring to its General Survey on the fundamental Conventions, 2012, paragraph 302, the Committee points out that the range of activities which must be protected from punishment involving compulsory labour, under Article 1(a), include the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views, and which may also be affected by measures of political coercion. The Committee finally emphasizes that the protection conferred by the Convention is not limited to the expression or manifestation of opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are protected by the Convention as long as they do not resort to or call for violent means to these ends. The Committee therefore once again urges the Government to take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee expresses the firm hope that the necessary measures will be taken to bring the above legislation into conformity with the Convention, and requests the Government to provide information on the progress made in this regard.

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

[The Government is asked to reply in full to the present comments in 2018.]

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

Article 1(d)of the Convention. Penal sanctions involving compulsory labour as a punishment for participation in strikes. For many years, the Committee has been referring to sections 124, 124A and C, and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment for up to one year (with the possibility of doubling the term of imprisonment), which may involve compulsory labour pursuant to section 20 of the same law. The Committee requested the Government to take the necessary measures to repeal or amend the above provisions of the Penal Code.

The Committee notes an absence of information in the Government’s report. Therefore, the Committee expresses the firm hope that the necessary measures will at last be taken to repeal or amend the above provisions of the Penal Code and requests the Government to provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide copies of court decisions passed under the abovementioned sections of the Penal Code.

Article 1(c) and (d). Sanctions involving compulsory labour applicable to seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, according to which penalties of imprisonment (involving compulsory labour) may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) and (d) of the Convention prohibits the exaction of compulsory labour as a means of labour discipline or as punishment for having participated in strikes. It observed that, in order to be compatible with the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons. The Committee previously noted the Government’s indication that the above Act was being amended.

The Committee once again notes that the Government’s report contains no information on this point. The Committee urges the Government to take the necessary measures, in the context of the revision of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, in order to bring sections 13(5) and 14 into conformity with the Convention. The Committee requests the Government to supply a copy of the amended text, as soon as it is adopted.

Communication of texts. In its previous comments, the Committee requested the Government to provide copies of the texts repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps, the laws concerning the enforcement of arbitration sentences, as well as a copy of the Political Party Law (Act No. 12/2011).

The Committee notes the Government’s indication that all national regulations are currently being revised in order to insert the necessary amendments thereto through the House of Representatives. In view of the current delay in holding the parliamentary elections, the requested legislation will be sent as soon as the amendments are adopted after the convening of the House of Representatives. The Committee requests the Government to supply copies of the abovementioned legislation, once adopted.

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

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

• – section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and by Act No. 93 of 28 May 1995, regarding the production or possession with a view to the distribution, sale, etc. of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, or emphasizing aspects which are not appropriate;
• – section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interest;
• – section 98(a)bis and (d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibits the following: advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State; encouraging aversion or contempt for these principles; constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;
• – sections 98(b) and(b)bis, and 174 of the Penal Code concerning advocacy of certain doctrines;
• – section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970, regarding the dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;
• – section 188 of the Penal Code concerning the dissemination of false news which may harm the public interest;
• – the Public Meetings Act (No. 14 of 1923), and the Meetings Act (No. 10 of 1914), granting general powers to prohibit or dissolve meetings, even in private places.

Moreover, the Committee previously noted that section 11 of Act No. 84/2002 on non-governmental organizations prohibits associations from performing activities threatening national unity, violating public order or calling for discrimination between citizens on the grounds of race, origin, colour, language, religion or creed. It also noted that sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibit the following acts: attacking the religious faith of third parties; inciting prejudice and contempt for any religious group in society; and attacking the work of public officials. The Committee observed that the above provisions are enforceable with sanctions of imprisonment for a term of up to one year (section 76(1)(B) of Act No. 84/2002 and section 22 of Act No. 96/1996), which may involve an obligation to perform labour. The Committee urged the Government to take the necessary measures to bring the above legislation into conformity with the Convention.

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(a) of the Convention. Penal sanctions involving an obligation to work as a punishment for expressing political views. Law on non-governmental organizations. The Committee previously referred to section 11 of Act No. 84/2002 on non-governmental organizations, which prohibits associations from performing activities threatening national unity, violating public order, or calling for discrimination between citizens on the grounds of race, origin, colour, language, religion or creed. It also referred to the provisions of sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibiting the following acts: attacking the religious faith of third parties; inciting prejudice and contempt for any religious group in society; and attacking the work of public officials. The Committee observed that the above provisions are enforceable with sanctions of imprisonment for a term of up to one year (section 76(1)(B) of Act No. 84/2002 and section 22 of Act No. 96/1996), which may involve an obligation to perform labour pursuant to section 20 of the Penal Code. Noting that the Government’s report contains no information on this matter, the Committee once again requests the Government to provide information on the application in practice of section 11 of Act No. 84/2002 on non-governmental organizations, and sections 20 and 21 of Act No. 96/1996 on the reorganization of the press, supplying copies of any court decisions defining or illustrating their scope.

Article 1(c) and (d). Sanctions involving compulsory labour applicable to seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, according to which penalties of imprisonment (involving compulsory labour) may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) and (d) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. It observed that, in order to remain outside the scope of the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons. The Committee previously noted the Government’s indication that the above Act was being amended. Noting that the Government’s report contains no information on this point, the Committee strongly encourages the Government to take the necessary measures, in the context of the revision of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, in order to bring sections 13(5) and 14 into conformity with the Convention. The Committee requests the Government to supply a copy of the amended text, as soon as it is adopted.

Communication of texts. Noting the Government’s indication that copies of the texts repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps, as well as the laws concerning the enforcement of arbitration sentences, have been requested to the competent authorities, the Committee reiterates its hope that the requested texts will be provided as soon as they become available. With regard to its previous comments concerning Act No. 40/1977 on political parties, as amended by Act No. 177/2005, the Committee requests the Government to provide a copy of the Political Party Law (Act No. 12/2011).

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been referring to certain provisions under which penal sanctions involving compulsory prison labour (pursuant to sections 16 and 20 of the Penal Code) may be imposed in situations covered by Article 1(a) of the Convention, such sanctions being therefore incompatible with the Convention, namely:

• – section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and Act No. 93 of 28 May 1995, regarding the production or possession with a view to the distribution, sale, etc. of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, or emphasizing aspects which are not appropriate;
• – section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interest;
• – section 98(a)bis and (d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibits the following: advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State; encouraging aversion or contempt for these principles; encouraging calls to oppose the union of the people’s working forces; constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;
• – sections 98(b) and(b)bis, and 174 of the Penal Code concerning advocacy of certain doctrines;
• – section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970, regarding the dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;
• – section 188 of the Penal Code concerning the dissemination of false news which may harm the public interest; and
• – the Public Meetings Act, No. 14 of 1923, and the Meetings Act, No. 10 of 1914, granting general powers to prohibit or dissolve meetings, even in private places.

The Committee notes that the Government reiterates its statement that, with regard to section 98(a)bis and (d) of the Penal Code, sentences of imprisonment are only applicable in the case of establishment of, or participation in, associations or organizations in opposition to the fundamental principles of the socialist system of the State, and not for the peaceful expression of political views opposed to the established political system. Concerning sections 98(b) and (b)bis, and 174, the Government repeatedly indicates that the sentences of imprisonment of up to five years are only applicable against the advocacy of certain doctrines aimed at changing the fundamental principles of the Constitution or the social order by the use of force or other unlawful means. Finally, as regards the Public Meetings Act of 1923, the Government states that its provisions aim at safeguarding public safety and prevent offences that might result from public meetings. Therefore, only acts that go beyond the peaceful expression of views are punishable under the 1923 Act. The Committee also notes the Government’s reiterated indication that the penalty of hard labour has been abolished from the Penal Code pursuant to Law No. 126 of 2008.

In this regard, the Committee once again draws the Government’s attention to the fact that the scope of the Convention is not restricted to sentences of “hard labour” or other particularly arduous forms of labour, as opposed to ordinary prison labour. The Convention prohibits the use of “any form” of forced or compulsory labour as a sanction, as a means of coercion, education or discipline, or as a punishment in respect of the persons within the ambit of Article 1(a), (c) and (d).

The Committee also points out that sanctions involving compulsory labour, including compulsory prison labour, are incompatible with Article 1(a) where they enforce a prohibition of the peaceful expression of non-violent views or of opposition to the established political, social or economic system. Therefore, the range of activities which must be protected from punishment involving forced or compulsory labour under this provision comprise the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens peacefully seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion.

In this connection, the Committee notes the Government’s brief indication that the application in practice of the above provisions does not violate the Convention. The Government also states that it is committed to implementing the provisions in the legislation relating to freedom of expression. The Committee observes, however, that the above provisions are not limited to acts of violence or incitement to violence, but are as well applied to acts such as the advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State, encouraging disrespect for principles such as freedom of expression and assembly.

In light of the above considerations, the Committee notes with regret that, despite the comments it has been addressing to the Government on this point, a new Protests Law was promulgated in November 2013, giving local security authorities broad powers to ban public gatherings, and allowing for excessive sanctions, including sentences of imprisonment, to be imposed on those found in breach of its provisions. The Committee also notes that, following the adoption of the 2013 law, the UN High Commissioner for Human Rights has expressed deep concern about the increasingly severe restrictions and physical attacks on both media and civil society activists in Egypt, including the harassment, detention and prosecution of national and international journalists. The UN High Commissioner stressed that “the charges levelled against the journalists, which include harming national unity and social peace, spreading false reports, and membership of a ‘terrorist organization,’ are far too broad and vague, and therefore reinforce the belief that the real target is freedom of expression”. According to the High Commissioner, since its promulgation in November 2013, the new Protests Law “has been used to arrest and convict dozens of protesters, including political activists” (UN OHCHR, Press Release, 23 June 2014).

The Committee urges the Government to take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee trusts that the necessary measures will be taken to bring the above provisions of the Penal Code, the Public Meetings Act, No. 14 of 1923, the Meetings Act, No. 10 of 1914, and the Protests Law of 2013 into conformity with the Convention, and requests the Government to provide information on the progress made in this regard.

Article 1(b). Use of conscripts for purposes of economic development. The Committee refers in this regard to its observation addressed to the Government under the Forced Labour Convention, 1930 (No. 29).

Article 1(d). Penal sanctions involving compulsory labour as a punishment for participation in strikes. For many years, the Committee has been referring to sections 124, 124A and C, and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment for up to one year (with the possibility of doubling the term of imprisonment), which may involve compulsory labour pursuant to section 20 of the same law.

The Committee notes that, in 2010, the Government indicated that sections 124, 124A and C, and 374 apply to cases in which the stoppage of services would endanger people’s health or safety, such as in cases of doctors in public hospitals refraining from aiding a patient. The Government also stated that the Court of Cassation has handed down rulings in this regard, including one decision that sentenced a nurse for inciting his colleagues in a public hospital to suspend work and for the damage caused by the workers’ assembly.

The Committee recalls in this regard that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a punishment for having participated peacefully in a strike. With reference to paragraph 315 of its 2012 General Survey on the fundamental Conventions, the Committee also draws the Government’s attention to the fact that, in all cases, sanctions imposed should not be disproportionate to the seriousness of the violations committed, and the authorities should not have recourse to measures of imprisonment for the mere fact of organizing or participating in a strike. The Committee therefore trusts that the necessary measures will at last be taken to repeal or amend the above provisions of the Penal Code and requests the Government to provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide copies of court decisions passed under the abovementioned sections of the Penal Code, including the rulings handed down by the Court of Cassation to which reference was made by the Government.

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

[The Government is asked to reply in detail to the present comments in 2015.]

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

Referring to its observation under the same Convention, the Committee notes the indication in the Government’s report that the information previously requested will be provided as soon as it is communicated by the competent authorities. Noting that the Government’s report contains no further information in response to the previous direct request, the Committee expresses the firm hope that the Government will provide, with its next report, detailed information as regards the following points.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. The Committee draws the Government’s attention, once again, to the following legislative provisions, which provide for sanctions involving compulsory labour:

–      section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interest;

–      section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 regarding the dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;

–      section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and Act No. 93 of 28 May 1995 regarding the production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, emphasizing aspects which are not appropriate;

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

–      section 188 of the Penal Code concerning the dissemination of false news, etc., which may harm the public interest.

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

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

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

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

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

The Committee notes the Government’s indication in its latest report that the information previously requested will be provided as soon as it is communicated by the competent authorities. Noting that the Government’s report contains no further information in response to its earlier comments, the Committee expresses the firm hope that the Government will provide, with its next report, detailed information as regards the following points:

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views opposed to the established system. In its previous comments, the Committee drew the Government’s attention to certain provisions of the Penal Code, the Public Meetings Act of 1923, the Meetings Act of 1914 and Act No. 40 of 1977 respecting political parties, which provide for penal sanctions involving compulsory labour in circumstances falling within the scope of Article 1(a) of the Convention:

–      sections 98(a)bis and (d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibit the following: advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State; encouraging aversion or contempt for these principles; encouraging calls to oppose the union of the people’s working forces; constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;

–      sections 98(b), 98(b)bis and 174 of the Penal Code concerning advocacy of certain doctrines;

–      the Public Meetings Act 1923, and the Meetings Act 1914, granting general powers to prohibit or dissolve meetings, even in private places;

–      sections 4 and 26 of Act No. 40/1977 respecting political parties, as amended by Act No. 177/2005, which prohibit the creation of political parties whose objectives are in conflict with the requirement of preserving national unity, social peace or the democratic system.

In its 2009 report, the Government indicates that, according to sections 98(a)bis and 98(d) of the Penal Code, sentences of imprisonment involving compulsory labour only apply for the establishment or participation in an association or organization by any means, in opposition to the fundamental principles of the socialist system of the State, and not for the peaceful expression of political views opposed to the established political system. In this regard, the Committee recalls, referring to the explanations provided in paragraphs 154, 162 and 163 of its 2007 General Survey on the eradication of forced labour, that the opinions and views ideologically opposed to the established system are often expressed in different kinds of meetings or through political parties or associations. The Committee also notes that the above provisions of the Penal Code are not limited to the establishment or participation in such associations or groups, but are as well applied to acts such as the advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State, encouraging aversion or contempt for these principles.

Concerning sections 98(b), 98(b)bis and 174 of the Penal Code as regards the advocacy of certain doctrines, the Government indicates in its 2009 report, that the sentences of imprisonment involving compulsory labour are only applicable against the advocacy of certain doctrines aimed at changing the fundamental principles of the Constitution or the social order, by the use of force or other unlawful means.

While noting this information, the Committee observes that the application of these provisions is not limited to acts of violence (or incitement to violence), armed resistance or uprising, but seems to allow punishment involving the obligation to work to be imposed for the peaceful expression of opinions contrary to the Government’s policy and the established political system.

The Committee therefore hopes that the necessary measures will be taken to bring these provisions into conformity with the Convention, e.g. by clearly limiting their application to acts of violence or incitement to violence. Pending the amendment, the Committee again requests the Government to provide information on the application of these provisions in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

The Committee takes note of the Government’s explanations in its 2009 report according to which Act No. 14 of 1923 (Public Meetings Act) and Act No. 10 of 1914 (Meetings Act) provide for sentences of imprisonment not exceeding six months in case of disruptive meetings conducted without prior authorization. The Committee requests the Government to provide, in its next report, information on the application in practice of the above provisions, supplying copies of relevant court decisions and indicating the penalties imposed.

Regarding the amendment of Act No. 40/1977 concerning political parties by Act No. 177/2005, the Committee notes that the new version of section 4, paragraph 2, prohibits the establishment of political parties in conflict with the requirements of preserving national unity, social peace and the democratic system, and that any act of this kind is subject to a sentence of imprisonment that could involve an obligation to work. The Committee observes that this provision is defined in such general terms that it could be used as a means of punishing the expression of views and may raise questions about its compatibility with the Convention. It therefore requests the Government to provide information on the application of the above provision in practice that could define or illustrate its scope.

Article 1(b). Use of conscripts for purposes of economic development. The Committee refers in this connection to its observation addressed to the Government under the Forced Labour Convention, 1930 (No. 29), likewise ratified by Egypt.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for participation in strikes. The Committee also noted the Government’s indications that sentences of imprisonment imposed under sections 124, 124A, 124C and 374 of the Penal Code on public employees participating in strikes could range from three months to one year, constituting a “simple imprisonment” which does not involve an obligation to work. The Committee also noted that according to article 20 of the Penal Code, the judge may pass a sentence of imprisonment with an obligation to work if the term of imprisonment is one year, which is the maximum term under section 124, paragraph 1. As regards the provision of section 124, paragraph 2, which provides for the possibility of doubling the term of imprisonment, this provision is not compatible with the Convention. The Committee recalls that the Convention lays down a generally worded prohibition to have recourse to any form of forced or compulsory labour “as a punishment for having participated in strikes”. It points out however that the Convention does not prohibit the punishment of acts of violence, assault or destruction of property committed in connection with the strike. The Committee therefore reiterates the firm hope that the adequate measures will be taken to bring the above provisions into conformity with the Convention, by ensuring that no sanctions involving compulsory labour are imposed for the mere participation in a strike. The Committee hopes that, pending the amendment of the legislation, the Government will provide copies of court decisions passed under the abovementioned sections of the Penal Code, if and when such decisions become available.

Article 1(c) and (d). Sanctions involving compulsory labour applicable to seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act 1960, under which penalties of imprisonment (involving compulsory labour) may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) and (d) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee observed that, in order to remain outside the scope of the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons.

The Committee previously noted the Government’s indication in its report that the above Act was being amended. Since the Government’s latest report contains no new information on this matter, the Committee trusts that, in the course of the revision, the provisions of the 1960 Act will be brought into conformity with the Convention and that the Government will supply a copy of the amended text, as soon as it is adopted.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views opposed to the established system. 1. In its earlier comments, the Committee noted the following legislative provisions, which provide for sanctions involving compulsory labour:

(a)   section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interests;

(b)   section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 – dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;

(c)   section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and Act No. 93 of 28 May 1995 – production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, emphasizing aspects which are not appropriate;

(d)   section 172 of the Penal Code (concerning incitement to any offence against the security of the State);

(e)   section 188 of the Penal Code (concerning the dissemination of false news, etc., which may harm the public interest).

The Committee refers to its observation addressed to the Government under the Convention, as well as to the explanations provided in paragraph 153 of its General Survey of 2007 on the eradication of forced labour concerning the restrictions imposed by law to which the freedom of expression and other civil liberties may be subjected as normal safeguards against their abuse. The Committee has duly noted the Government’s statements in its 2006 report that the above provisions punish the dissemination of false news and rumours, and that acts of violence or incitement to violence fall outside the scope of the Convention. While noting these statements, the Committee again requests the Government to provide information on the application of the above penal provisions in practice, supplying sample copies of the relevant court decisions defining or illustrating their scope, in order to enable the Committee to ascertain that these provisions are applied in a manner compatible with the Convention. The Committee also repeats its request to supply a copy of the text which, according to the Government’s indication, repealed Act No. 33 of 1978 respecting the protection of the Interior Front and social peace, and which the Government promised to communicate to the ILO, as soon as it is received from the competent authorities.

2. The Committee previously noted the provisions of section 11 of Act No. 84/2002 on Non-Governmental Organizations prohibiting the associations from exercising activities threatening national unity, violating public order, or calling for discrimination between citizens on the grounds of race, origin, colour, language, religion or creed. It has also noted the provisions of sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibiting the following acts: attacking the religious faith of third parties; promoting bias and alignment or disdainments to any of society’s religious categories; and attacking the works of public officials. The Committee has noted that the above provisions are enforceable with sanctions of imprisonment for a term of up to one year (section 76(1)(B) of Act No. 84/2002 and section 22 of Act No. 96/1996), which may involve an obligation to perform labour, by virtue of section 20, paragraph 1, of the Penal Code, if the term of imprisonment is one year, (which is the maximum term under the above sections), as explained in the observation addressed to the Government under the Convention. The Committee again requests the Government to provide information on the application of the above provisions in practice, supplying copies of any court decisions defining or illustrating their scope, in order to enable the Committee to ascertain that they are applied in a manner compatible with the Convention. Noting also the Government’s statement in its 2006 report that the information sought in its previous direct request will be provided once it has been received from the competent authorities, the Committee hopes that the Government will not fail to provide such information in its next report.

Communication of texts. The Committee again requests the Government to provide copies of the text repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps, the laws concerning the enforcement of arbitration awards and the Act respecting political parties, which the Government promised to communicate, as soon as they are received from the bodies concerned.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views opposed to the established system. For many years, the Committee has been referring to the following provisions of the Penal Code, the Public Meetings Act of 1923, the Meetings Act of 1914 and Act No. 40 of 1977 respecting political parties, which provide for penal sanctions involving compulsory labour in circumstances falling within the scope of Article 1(a) of the Convention:

(a)   section 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibit the following: advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State, encouraging aversion or contempt for these principles, encouraging calls to oppose the union of the people’s working forces, constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;

(b)   sections 98(b), 98(b)bis and 174 of the Penal Code (concerning advocacy of certain doctrines);

(c)   the Public Meetings Act, 1923, and the Meetings Act, 1914, granting general powers to prohibit or dissolve meetings, even in private places;

(d)   sections 4 and 26 of Act No. 40 of 1977 respecting political parties, which prohibit the creation of political parties whose objectives are in conflict with Islamic legislation or with the achievements of socialism, or which are branches of foreign parties.

The Committee points out once again, referring also to the explanations provided in paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour, that the abovementioned provisions are contrary to the Convention in so far as they provide for sanctions involving compulsory prison labour for expressing certain political views or views ideologically opposed to the established system, or for having infringed a discretionary decision by the administrative authorities depriving people of the right to make public their opinions or suspending or dissolving certain associations.

The Committee has taken due note of the adoption of Act No. 95 of 2003, to which the Government refers in its 2006 report in reply to the Committee’s earlier comments. It has noted that section 2 of the Act has abolished the penalty of hard labour in the Penal Code or any other penal text, and replaced it with the penalty of “aggravated imprisonment” (as distinct from “simple imprisonment”), which involves an obligation to work. The Committee refers in this connection to the explanations in paragraph 147 of the above General Survey, in which it pointed out that the scope of the Convention is not restricted to sentences of “hard labour” or other particularly arduous forms of labour, as distinct from ordinary prison labour. The Convention makes no distinction between “hard labour” and compulsory labour exacted from people as a result of any other type of sentence and prohibits the use of “any form” of forced or compulsory labour as a sanction, as a means of coercion, education or discipline, or as a punishment in respect of the persons within the ambit of Article 1(a), (c) and (d).

The Committee also draws the Government’s attention to the explanations contained in paragraphs 154, 162 and 163 of the above General Survey, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. Since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, if such meetings are subject to prior authorization granted at the discretion of the authorities and violations can be punished by sanctions involving compulsory labour, they also come within the scope of the Convention.

The Committee has observed that the scope of the provisions referred to above is not limited to acts of violence or incitement to the use of violence, armed resistance or an uprising, but appears to provide for the punishment of the peaceful expression of non-violent views that are critical of government policy and the established political system, with penalties involving compulsory labour. The Committee therefore reiterates the firm hope that the necessary measures will at last be taken to bring the above provisions into conformity with the Convention, and that the Government will report on the action taken to this end. Pending the amendment of the legislation, the Committee again requests the Government to provide full information on their application in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

Article 1(b). Use of conscripts for purposes of economic development. The Committee refers in this connection to its observation addressed to the Government under Convention No. 29, likewise ratified by Egypt.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for participation in strikes. In comments it has been making for many years, the Committee referred to sections 124, 124A, 124C and 374 of the Penal Code, under which strikes by any public employees may be punished with imprisonment, which may involve compulsory labour. The Committee requested the Government to take the necessary measures to ensure the observance of Article 1(d) of the Convention, which prohibits the use of compulsory labour as a punishment for having participated in strikes.

The Committee has noted the Government’s repeated indications in its reports that terms of imprisonment under the above sections of the Penal Code vary from six months to one year, which means that the imprisonment in question is “simple imprisonment” which involves no obligation to perform labour. However, the Committee previously noted that section 124 refers to imprisonment for a period of up to one year, which may be doubled in certain cases; the maximum penalty is two years under section 124A; sections 124 and 124A apply in conjunction with sections 124C and 374 of the Code. The Committee also noted previously that under sections 19 and 20 of the Penal Code, imprisonment with labour is imposed in all cases where persons are sentenced to imprisonment for one year or more. It follows from the provision of section 20 that the judge will pass a sentence of imprisonment with labour already when the term of imprisonment is one year, which is the maximum term under section 124, paragraph 1. As regards the provision of section 124, paragraph 2, concerning a possibility to double the term of imprisonment, this provision is applicable in certain cases defined in terms large enough to raise questions about their compatibility with the Convention: when such work stoppages create disorder among the people or are prejudicial to the public interest.

The Committee therefore expresses the firm hope that appropriate measures will be taken in this connection to ensure the observance of the Convention, so that no sanctions involving compulsory labour can be imposed for the mere fact of participating in a peaceful strike. Having also noted the Government’s indication in its previous report that no court decisions have been issued yet under the abovementioned sections of the Penal Code, the Committee hopes that, pending the amendment of the legislation, the Government will supply copies of such court decisions, if and when they are handed down.

Article 1(c) and (d). Sanctions involving compulsory labour applicable to seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, under which penalties of imprisonment (involving compulsory labour) may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) and (d) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee observed that, in order to remain outside the scope of the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons.

The Committee previously noted the Government’s indication in its report that the above Act was being amended. Since the Government’s latest report contains no new information on this matter, the Committee reiterates its hope that, in the course of the revision, the abovementioned provisions of the 1960 Act will be brought into conformity with the Convention and that the Government will supply a copy of the amended text, as soon as it is adopted.

The Committee is also addressing a request on certain other points directly to the Government.

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

I. Referring to its observation under the Convention, the Committee has noted the Government’s statement in the report that the information sought in its previous direct request will be provided once it has been received from the competent authorities. Since the Government’s report contains no other information in reply to its previous direct request, the Committee hopes that the next report will include full information on the following matters raised therein:

Article 1(a) of the Convention. 1. In its earlier comments, the Committee noted the following legislative provisions, which provide for sanctions involving compulsory labour:

(a)  section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interests;

(b)  section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 - dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;

(c)  section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and Act No. 93 of 28 May 1995 - production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, emphasizing aspects which are not appropriate, or in any other manner;

(d)  section 172 of the Penal Code (concerning incitement to any offence against the security of the State);

(e)  section 188 of the Penal Code (concerning the dissemination of false news, etc., which may harm the public interest);

The Committee refers to its observation under the Convention and to the explanations provided in paragraphs 133-134 of its General Survey of 1979 on the abolition of forced labour concerning the restrictions to which the freedom of expression and other civil liberties may be subjected as normal safeguards against their abuse. In order to enable the Committee to ascertain that the abovementioned provisions are applied in a manner compatible with the protection afforded by Article 1(a) of the Convention, the Government is requested to provide information on their application in practice, with copies of any judicial decisions which may assist in defining their exact scope.

2. The Committee previously noted that, under Act No. 33 of 1978 respecting the protection of the Interior Front and social peace, any call to oppose the principles of the revolution or to propagate doctrines hostile to the democratic socialist system, or which involves rejection of the laws of heaven or is contrary to their teachings is punishable in accordance with the provisions of sections 98 and 174 of the Penal Code. The Government indicates in its report that Act No. 33 of 1978 has been repealed. The Committee requests the Government to supply a copy of the repealing text with its next report.

II. Article 1(a). With reference to point 6 of its observation under the Convention, the Committee has noted the provisions of section 11 of Act No. 84/2002 on non-governmental organizations prohibiting the associations from exercising activities threatening national unity, violating public order, or calling for discrimination between citizens on the grounds of race, origin, colour, language, religion or creed. It has also noted the provisions of sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibiting the following acts: attacking the religious faith of third parties; promoting bias and alignment or disdainments to any of the society’s religious categories; and attacking the works of public officials. The Committee has noted that the above provisions are enforceable with sanctions of imprisonment for a term of up to one year (section 76(1)(B) of Act No. 84/2002 and section 22 of Act No. 96/1996), which may involve an obligation to perform labour, in virtue of sections 19 and 20 of the Penal Code. The Committee requests the Government to provide information on the application of these provisions in practice, supplying copies of any court decisions defining or illustrating their scope, in order to enable the Committee to ascertain that they are applied in a manner compatible with the Convention.

III. Communication of texts. In its earlier comments the Committee requested the Government to provide copies of: (a) the text repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps; and (b) the laws concerning the enforcement of arbitration awards. The Committee takes due note of the Government’s intention to communicate these texts as soon as they are received from the bodies concerned and again expresses the hope that the texts requested will be provided in the near future. It also requests the Government once again to provide a copy of the Act respecting political parties, as amended.

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

Article 1(a) of the Convention. Political coercion and punishment for
holding or expressing political views opposed to the established system

1. For a number of years, the Committee has been referring to certain provisions of the Penal Code, the Public Meetings Act of 1923, the Meetings Act of 1914 and Act No. 40 of 1977 on political parties, which provide for penal sanctions involving compulsory labour in circumstances falling within the scope of Article 1(a) of the Convention, which prohibits the use of compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It has been referring, in particular, to the following legislative provisions enforceable with sanctions of imprisonment involving compulsory labour:

(a)  section 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibits the following: advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State; encouraging aversion or contempt for these principles; encouraging calls to oppose the union of the people’s working forces; constituting or participating in any association or group pursuing any of the foregoing aims; or receiving any material assistance for the pursuit of such aims;

(b)  sections 98(b), 98(b)bis and 174 of the Penal Code (concerning advocacy of certain doctrines);

(c)  the Public Meetings Act, 1923, and the Meetings Act, 1914, granting general powers to prohibit or dissolve meetings, even in private places;

(d)  sections 4 and 26 of Act No. 40 of 1977 on political parties, which prohibit the creation of political parties whose objectives are in conflict with Islamic legislation or with the achievements of socialism, or which are branches of foreign parties.

2. The Committee recalled, referring to the explanations provided in paragraphs 102-109 and 133-134 of its General Survey of 1979 on the abolition of forced labour, that the abovementioned provisions are contrary to the Convention insofar as they provide for sanctions involving compulsory prison labour for expressing certain political views or views ideologically opposed to the political system, or for having infringed a discretionary decision by the administration depriving persons of the right to make public their opinions or suspending or dissolving certain associations.

3. The Committee notes the Government’s indications in its report that the abovementioned provisions aim at the protection of the State’s security and stability and represent a shield against terrorist groups and persons trying to impose their views by force for the only purpose to seize power without due regard to democracy and freedom of the people to choose their system and leaders.

4. While noting these indications, the Committee draws the Government’s attention to the explanations contained in paragraphs 133-140 of the above General Survey, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. Since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, if such meetings are subject to prior authorization granted at the discretion of the authorities and violations can be punished by sanctions involving compulsory labour, they also fall within the scope of the Convention.

5. The Committee observes that the scope of the provisions referred to above is not limited to acts of violence or incitement to the use of violence, armed resistance or an uprising, but appears to provide for political coercion and the punishment of the peaceful expression of non-violent views that are critical of government policy and the established political system, with penalties involving compulsory labour. The Committee therefore expresses its firm hope that the necessary measures will at last be taken to bring these provisions into conformity with the Convention, and that the Government will report on the action taken to this end. Pending the amendment of the legislation, the Committee again requests the Government to provide full information on their application in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

6. The Committee has noted that Act No. 156 of 1960 respecting the reorganization of the press, as amended by Act No. 148 of 1980 respecting press authority, to which the Committee has referred in its earlier comments, has been superseded by Act No. 96 of 1996 on the reorganization of the press, in virtue of its section 81. The Committee has also noted that Act No. 32 of 12 February 1964 respecting associations and private foundations, to which the Committee has referred in its earlier comments, has been superseded by Act No. 84 of 2002 on non-governmental organizations, in virtue of its section 7. The Committee is dealing with these texts in its request addressed directly to the Government.

Article 1(b). Use of conscripts for purposes of economic development

7. The Committee refers in this regard to its observation addressed to the Government under Convention No. 29, likewise ratified by Egypt.

Article 1(d). Punishment for participation in strikes

8. In its earlier comments, the Committee referred to sections 124, 124A, 124C and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment, which may involve compulsory labour. The Committee requested the Government to take the necessary measures to ensure the observance of Article 1(d) of the Convention, which prohibits the use of compulsory labour as a punishment for having participated in strikes. It referred in this connection to the explanations provided in paragraph 123 of its General Survey of 1979 on the abolition of forced labour, in which it considered that the imposition of penalties for participation in strikes in essential services in the strict sense of the term fall outside the scope of the Convention.

9. The Government indicates in its report that terms of imprisonment under the above sections of the Penal Code vary from six months to one year, which means that the imprisonment in question is "simple imprisonment" which involves no obligation to perform labour. However, the Committee previously noted that section 124 refers to imprisonment for a period of up to one year, which may be doubled in certain cases (e.g. if work stoppages are liable to create disorder among the population or are prejudicial to the public interest), as clearly indicated in the Government’s 1997 report; the maximum penalty is two years under section 124A; sections 124 and 124A apply in conjunction with sections 124C and 374 of the Code. The Committee also noted previously that under sections 19 and 20 of the Penal Code, imprisonment with labour is imposed in all cases where persons are sentenced to imprisonment for one year or more.

10. The Committee therefore reiterates its hope that appropriate measures will be taken in this connection to ensure the observance of the Convention (e.g. by limiting the scope of the abovementioned provisions to persons working in essential services in the strict sense of the term, that is, services whose interruption would clearly and imminently endanger the life, personal safety or health of the whole or part of the population). Noting also the Government’s indication in the report that no court decisions have been issued yet under the abovementioned sections of the Penal Code, the Committee hopes that, pending the amendment of the legislation, the Government will supply copies of such court decisions, if and when they are handed down.

Article 1(c) and (d). Sanctions involving compulsory labour
applicable to seafarers

11. In its earlier comments, the Committee referred to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, under which penalties of imprisonment involving compulsory labour may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) and (d) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee observed that, in order to remain outside the scope of the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life of persons.

12. The Committee notes with interest the Government’s indication in its report that the above Act is currently being amended. It therefore hopes that, in the course of the revision, the abovementioned provisions of the 1960 Act will be brought into conformity with the Convention and that the Government will supply a copy of the amended text, as soon as it is adopted.

The Committee is addressing a request on certain other points directly to the Government.

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

The Committee has noted the information provided by the Government in reply to its earlier comments.

Article 1(a) of the Convention. 1. In its earlier comments, the Committee noted the following legislative provisions, which provide for sanctions involving compulsory labour:

(a)  section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interests;

(b)  section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 - dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;

(c)  section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and Act No. 93 of 28 May 1995 - production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, emphasizing aspects which are not appropriate, or in any other manner;

(d)  section 172 of the Penal Code (concerning incitement to any offence against the security of the State); and

(e)  section 188 of the Penal Code (concerning the dissemination of false news, etc., which may harm the public interest).

The Committee refers to its observation under the Convention and to the explanations provided in paragraphs 133-134 of its 1979 General Survey on the abolition of forced labour concerning the restrictions to which the freedom of expression and other civil liberties may be subjected as normal safeguards against their abuse. In order to enable the Committee to ascertain that the abovementioned provisions are applied in a manner compatible with the protection afforded by Article 1(a) of the Convention, the Government is requested to provide information on their application in practice, with copies of any judicial decisions which may assist in defining their exact scope.

2. The Committee similarly requests the Government to supply information on the application in judicial practice of section 22 read together with section 21 of Act No. 96 of 1996 on the reorganization of the press, under which penalties of imprisonment (which may involve compulsory labour) may be imposed on journalists or others for dealing with the conduct of a functionary of public works, a person vested with public prosecution quality or those in charge of a public service, unless such dealing is closely connected with their work, or was aimed at the public interest and general welfare.

3. The Committee previously noted that, under Act No. 33 of 1978 respecting the protection of the "interior front" and social peace, any call to oppose the principles of the revolution or to propagate doctrines hostile to the democratic socialist system, or which involves rejection of the laws of heaven or is contrary to their teachings is punishable in accordance with the provisions of sections 98 and 174 of the Penal Code. The Government indicates in its latest report that Act No. 33 of 1978 has been repealed. The Committee requests the Government to supply a copy of the repealing text with its next report.

Communication of texts. 4. In its earlier comments the Committee requested the Government to provide copies of: (a) the text repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps; (b) the laws concerning the enforcement of arbitration awards, referred to in sections 102 and 104 of the Labour Code of 1981; and (c) the full text of the Penal Code with amendments made to date. The Committee takes due note of the Government’s intention to communicate these texts as soon as they are received from the bodies concerned and again expresses the hope that the texts requested will be provided in the near future. It also requests the Government once again to provide a copy of the Act respecting political parties, as amended.

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

The Committee has noted the Government’s report.

Article 1(a) of the Convention

1. In its earlier comments, the Committee referred, inter alia, to certain provisions of the Penal Code, Act No. 156 of 1960 respecting the reorganization of the press, Act No. 32 of 12 February 1964 respecting associations and private foundations, the Public Meetings Act of 1923, the Meetings Act of 1914 and Act No. 40 of 1977 respecting political parties. It pointed out that the implementation of these provisions could affect the application of Article 1(a) of the Convention, which prohibits the use of sanctions involving any form of compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

2. The Committee noted the Government’s indication in its 1997 report that Act No. 156 of 1960 respecting the reorganization of the press had been amended by Act No. 148 of 1980 respecting press authority, which had subsequently been repealed by Act No. 96 of 1996 on the reorganization of the press. The Government stated that the new Act provides for the independence of journalists from any intervention in the performance of their work, though they are subject to the provisions of the law, and prohibits the imposition of pre-trial detention on journalists for crimes related to publication. The Government indicates in its latest report that Act No. 156 of 1960, which was previously referred to, as amended by Act No. 148 of 1980, has been repealed by the said Act, in virtue of its section 55. The Committee again expresses the hope that the Government will supply a copy of the repealing provision.

3. In its earlier comments, the Committee also referred to the following legislative provisions, which are enforceable with sanctions involving compulsory labour:

(a)  section 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibit the following: advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State, encouraging aversion or contempt for these principles, encouraging calls to oppose the union of the people’s working forces, constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;

(b)  sections 2, 12 and 92 of Act No. 32 of 12 February 1964 concerning associations and private foundations, under which no association may be established if its objective is to impair the social system of the Republic, wide discretionary powers are granted to the competent administrative authorities to refuse the establishment of any association, and imprisonment with compulsory labour may be imposed on anyone who undertakes any activity on behalf of an association not duly established;

(c)  the Public Meetings Act, 1923, and the Meetings Act, 1914, granting general powers to prohibit or dissolve meetings, even in private places;

(d)  sections 98(b), 98(b)bis and 174 of the Penal Code (concerning advocacy of certain doctrines); and

(e)  sections 4 and 26 of Act No. 40 of 1977 respecting political parties, which prohibit the creation of political parties whose objectives are in conflict with Islamic legislation or with the achievements of socialism, or which are branches of foreign parties.

Referring to the explanations provided in paragraphs 102 to 109 and 133 to 134 of its 1979 General Survey on the abolition of forced labour, the Committee must point out that the abovementioned provisions are contrary to the Convention in so far as they provide for sanctions involving compulsory prison labour for expressing certain political views or views ideologically opposed to the political system, or for having infringed a discretionary decision by the administration depriving persons of the right to make public their opinions or suspending or dissolving certain associations. The Committee hopes that the necessary measures will be taken to bring these provisions into conformity with the Convention, and that the Government will report on the action taken. Pending the amendment of the legislation, the Committee hopes that the Government will provide full information on their application in practice.

Article 1(d)

4. In its earlier comments, the Committee referred to sections 124, 124A, 124C and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment which may involve compulsory labour. The Government states in its latest report that the concept of a public employee is linked with the performance of public services whose interruption would endanger the life, personal safety or health of the whole or part of the population. Referring to the explanations provided in paragraphs 123 and 124 of its 1979 General Survey on the abolition of forced labour, the Committee must point out that only penalties for participation in strikes in essential services in the strict sense of the term (that is, services whose interruption would pose a clear and imminent threat to the life, personal safety or health of the whole or part of the population) fall outside the scope of the Convention. This cannot be taken for granted generally for any public employee. The Committee therefore hopes that appropriate measures will be taken in this connection to ensure the observance of the Convention (e.g. by limiting the scope of the abovementioned provisions to persons working in essential services in the strict sense as indicated above), and that pending the amendment of the legislation, the Government will supply copies of any court decisions handed down under the abovementioned provisions of the Penal Code.

Article 1(c) and (d)

5. The Committee previously referred to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, under which penalties of imprisonment involving compulsory labour may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) and (d) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee noted that, in order to remain outside the scope of the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life of persons. The Committee observed that, under section 13(5) read together with section 14 of the Act, breaches of discipline or participation in strikes may be punished with imprisonment even in circumstances where the safety of the vessel or the life and health of persons are not endangered. While noting the Government’s indication in its latest report that the Act on Maritime Commerce No. 8 of 1990 does not contain provisions relating to the punishment of seafarers, the Committee trusts that appropriate measures will be taken in the near future with a view to amending the abovementioned provisions of the 1960 Act in order to ensure the observance of the Convention.

The Committee addresses a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted the adoption of Act No. 93 of 1995 amending certain provisions of the Penal Code, Code of Criminal Procedures and Act No. 76 of 1970 establishing the Union of Journalists.

Article 1(a) of the Convention. 1. In its earlier comments, the Committee referred to:

(a) section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interests;

(b) section 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970 -- advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State, encouraging aversion or contempt for these principles, encouraging calls to oppose the union of the people's working forces, constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;

(c) section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 -- dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;

(d) section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and Act No. 93 of 28 May 1995 -- production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, emphasizing aspects which are not appropriate, or in any other manner;

(e) sections 2, 12 and 92 of Act No. 32 of 12 February 1964 concerning associations and private foundations -- under which no association may be established if its objective is to impair the social system of the Republic, wide discretionary powers are granted to the competent administrative authorities to refuse the establishment of any association, and imprisonment with compulsory labour may be imposed on anyone who undertakes any activity on behalf of an association not duly established;

(f) the Public Meetings Act, 1923, and the Meetings Act, 1914, granting general powers to prohibit or dissolve meetings, even in private places, subject to penalties of imprisonment with compulsory labour;

(g) sections 98(b), 98(b)bis and 174 of the Penal Code (concerning advocacy of certain doctrines);

(h) section 172 of the Penal Code (concerning incitement to any offence against the security of the State);

(i) section 188 of the Penal Code (concerning the dissemination of false news, etc., which may harm the public interest);

(j) sections 4 and 26 of Act No. 40 of 1977 (prohibiting the creation of political parties whose objectives are in conflict with Islamic legislation or with the achievements of socialism, or which are branches of foreign parties).

2. As explained in paragraphs 102-109 and 133-140 of the General Survey of 1979 on the abolition of forced labour, any sanction involving compulsory prison labour is contrary to the Convention when inflicted for expressing certain political views or views ideologically opposed to the political system, or for having infringed a discretionary decision by the administration depriving them of the right to make public their opinions or suspending or dissolving certain associations.

3. The Committee also noted that, under Act No. 33 of 1978 respecting the protection of the Interior Front and social peace, any call to oppose the principles of the revolution or to propagate doctrines hostile to the democratic socialist system, or which involves rejection of the laws of heaven or is contrary to their teachings is punishable in accordance with the provisions of sections 98 and 174 of the Penal Code. Under the same Act, the provisions of section 80(d) and Title 4 of Book 2 of the Penal Code, concerning offences committed through the press, apply to all publications and dissemination abroad by an Egyptian citizen, liable to prejudice the country's higher national interests or to corrupt political life and endanger national unity and social peace. The public ministry may conduct an investigation into such offences and summon the authors to appear before the Court of Fundamental Values which may sentence them to the penalties provided for in Act No. 95 of 1980 respecting the protection of fundamental values; if the offender is an association, the penalty of imprisonment and the fine are handed down in accordance with section 92 of the Act respecting private associations.

4. Section 4 of Act No. 40 of 1977 respecting political parties was amended by Act No. 36 of 1979, and the new Act provides that in order for a party to be formed or to continue to exist, its principles, programmes, activities and the choice of its leaders and members must not be based on notions of class or of a confessional, sectarian or geographical nature, or on discrimination on grounds of sex, extraction, religion or belief.

5. The Committee asked the Government to provide information on the practical application of the above provisions in cases where penalties involving compulsory labour are imposed, stating the number of sentences imposed for violations of the above provisions and giving details of any judicial decisions which assist in defining their exact scope. It also asked the Government to provide a copy of the Act respecting political parties, as amended; and to indicate any measures taken or envisaged to ensure that the legislation meets the requirements of the Convention.

6. The Committee noted the Government's indication in its 1994 report that all the provisions mentioned in the Committee's comments provide for penalties of imprisonment or detention which do not involve labour. It requests the Government once again to elaborate this point by indicating any legislative texts which ensure that persons convicted under the various legislative provisions mentioned above are not obliged to perform labour and by providing copies of any judicial decisions handed down regarding the above-mentioned provisions.

7. Communication of texts. In its earlier comments the Committee requested the Government to provide copies of: (a) the text repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps; (b) the laws concerning the enforcement of arbitration awards, referred to in sections 102 and 104 of the Labour Code of 1981; (c) the full text of the Penal Code with amendments made to date. The Committee again expresses strongly the hope that the Government will provide these texts in the near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee has noted the information supplied by the Government in its report for the period ending 30 June 1997, as well as the Government's reply to its earlier comments.

1. In its previous observation, the Committee referred to certain provisions of the Penal Code, Act No. 156 of 1960 respecting the reorganization of the press, Act No. 430 of 31 August 1955 respecting film censorship, Act No. 32 of 12 February 1964 respecting associations and private foundations, the Public Meetings Act of 1923, the Meetings Act of 1914 and Act No. 40 of 1977 respecting political parties. It pointed out that the implementation of these provisions could affect the application of Article 1(a) of the Convention, which prohibits forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Government indicates that Act No. 148, 1980 respecting press authority, which amended Act No. 156 of 1960, has been repealed, and that Act No. 96 of 1996, on regulation of the press, has been promulgated. The Government states that the new Act provides for the independence of journalists from any intervention in the performance of their work, though they are subject to the provisions of the law, and prohibits the imposition of pre-trial detention on journalists for crimes related to publication. The Committee would be grateful if the Government would indicate, in its next report, whether Act No. 156 of 1960 has been also formally repealed, and asks the Government to supply a copy of the relevant text and also supply a copy of Act No. 96 of 1996.

The Committee reiterates its hope that the Government will re-examine the other texts referred to above concerning film censorship, associations and private foundations, public meetings and political parties, with a view to ensuring the observance of the Convention: this might be achieved by redefining the punishable offences so that no person may be punished for holding or expressing political views or views ideologically opposed to the established political, social or economic system; or by modifying the nature of the penalty, for example replacing imprisonment with fines or granting prisoners convicted of certain offences a special status under which they are exempt from prison labour imposed on common offenders, but are allowed to work on their own initiative.

2. Article 1(d). In its earlier comments, the Committee referred to sections 124, 124A, 124C and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment which may involve compulsory labour. The Government indicated previously that, under section 24 of the Act concerning the organization of prisons, prisoners who are detained temporarily or who have been convicted without obligation to perform prison labour can only work when they so wish. The Government states in its latest report that section 24 is applicable to persons convicted under section 124 of the Penal Code, since the latter provides for detention and not for imprisonment. However, the Committee previously noted that all the above-mentioned sections of the Penal Code provide for imprisonment as a punishment for having participated in strikes. Thus, section 124 refers to imprisonment for a period of up to one year, which may be doubled in certain cases, as clearly indicated in the Government's latest report; the maximum penalty is two years under section 124A; sections 124 and 124A apply in conjunction with sections 124C and 374 of the Code. The Committee also noted previously that under sections 19 and 20 of the Penal Code, imprisonment with labour is imposed in all cases where persons are sentenced to imprisonment for one year or more. The Committee therefore reiterates its hope that measures will be taken in this connection to ensure the observance of the Convention. It recalls, with referring to the explanations provided in paragraph 123 of its General Survey of 1979 on the abolition of forced labour, that the imposition of penalties for participation in strikes in essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population) fall outside the scope of the Convention. The Committee repeats its request to the Government to supply copies of any court decisions handed down under the above-mentioned provisions of the Penal Code.

3. Article 1(c) and (d). The Committee previously expressed the hope that measures would be taken to ensure the observance of the Convention with regard to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, under which penalties of imprisonment involving compulsory labour may be imposed on seafarers who together commit repeated acts of insubordination. In this connection, the Committee recalled that Article 1(c) and 1(d) of the Convention prohibit the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee noted that, in order to remain outside the scope of the Convention, such punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life of persons. The Committee observed that, under section 13(5) read together with section 14, breaches of discipline or participation in strikes may be punished with imprisonment even in circumstances where the safety of the vessel or the life and health of persons are not endangered.

While noting the Government's indications in its latest report that the term "insubordination" used in the above-mentioned sections has a technical meaning different from that of the term "strike", the Committee points out that Article 1 prohibits the exaction of forced or compulsory labour both as a means of labour discipline and as a punishment for having participated in strikes. The Committee therefore reiterates its hope that the Government will soon be in a position to indicate that the necessary measures have been taken to ensure the observance of the Convention on this point.

4. The Committee requests the Government to supply information on a number of other points that are again dealt with in a request addressed directly to the Government.

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

1. Article 1(a) of the Convention. In its previous comments, the Committee referred to the following legislative provisions which provide for sanctions involving compulsory labour:

(a) section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interests;

(b) section 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970 - advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State, encouraging aversion or contempt for these principles, encouraging calls to oppose the union of the people's working forces, constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;

(c) section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 - dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;

(d) section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 - production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, emphasizing aspects which are not appropriate, or in any other manner;

(e) sections 1, 2 and 11 of Act No. 156 of 1960 concerning the reorganization of the press - under which imprisonment with compulsory labour may be imposed on anyone who issues a periodical publication or engages in journalism without the permission of the National Union, which may be granted or withheld at the discretion of the latter body - and sections 2, 15 and 16 of Act No. 430 of 31 August 1955 - imposing similar penalties on anyone who makes, publishes or produces any song, play or recording without the authorization of the Ministry of National Orientation;

(f) sections 2, 12 and 92 of Act No. 32 of 12 February 1964 concerning associations and private foundations - under which no association may be established if its objective is to impair the social system of the Republic, wide discretionary powers are granted to the competent administrative authorities to refuse the establishment of any association, and imprisonment with compulsory labour may be imposed on anyone who undertakes any activity on behalf of an association not duly established;

(g) the Public Meetings Act, 1923, and the Meetings Act, 1914, granting general powers to prohibit or dissolve meetings, even in private places, subject to penalties of imprisonment with compulsory labour.

The Committee also referred to the following provisions:

(a) sections 98(b), 98(b)bis and 174 of the Penal Code (concerning advocacy of certain doctrines);

(b) section 172 of the Penal Code (concerning incitement to any offence against the security of the State);

(c) section 188 of the Penal Code (concerning the dissemination of false news, etc., which may harm the public interest);

(d) sections 4 and 26 of Act No. 40 of 1977 (prohibiting the creation of political parties whose objectives are in conflict with Islamic legislation or with the achievements of socialism, or which are branches of foreign parties).

The Committee referred to paragraphs 102 to 109 and 133 to 140 of its General Survey of 1979 on the abolition of forced labour, and observed that any sanction involving compulsory prison labour is contrary to the Convention when inflicted on persons for expressing certain political views or views ideologically opposed to the political system, or for having infringed a discretionary decision by the administration depriving them of the right to make public their opinions or suspending or dissolving certain associations.

The Committee also noted that, under Act No. 33 of 1978 respecting the protection of the Interior Front and social peace, any call to oppose the principles of the revolution or to propagate doctrines that are hostile to the democratic socialist system, or which involves rejection of the laws of heaven or is contrary to their teachings is punishable in accordance with the provisions of sections 98 and 174 of the Penal Code. Under the same Act, the provisions of section 80(d) and those of Title 4 of Book 2 of the Penal Code, concerning offences committed through the press, apply to all publications and dissemination abroad by an Egyptian citizen, liable to prejudice the country's higher national interests or to corrupt political life and endanger national unity and social peace. The public ministry may conduct an investigation into such offences and summon the authors to appear before the Court of Fundamental Values which may sentence them to the penalties provided for in Act No. 95 of 1980 respecting the protection of fundamental values; if the offender is an association, the penalty of imprisonment and the fine are handed down in accordance with section 92 of the Act respecting private associations.

The Committee also noted that section 4 of Act No. 40 of 1977 respecting political parties has been amended by Act No. 36 of 1979, and that the new Act provides that in order for a party to be formed or to continue to exist, its principles, programmes, activities and the choice of its leaders and members must not be based on notions of class or of a confessional, sectarian or geographical nature, nor on discrimination on grounds of sex, extraction, religion or belief.

The Committee asked the Government to provide information on the practical application of the above provisions in cases where penalties involving compulsory labour are imposed, stating the number of sentences handed down for violations of the above provisions and giving details of any judicial decisions which can assist in defining their exact scope. It also asked the Government to provide a copy of the Act respecting political parties, as amended.

It also asked the Government to indicate any measures taken or envisaged to ensure that the legislation meets the requirements of the Convention.

The Committee notes the Government's indication in its report that all the provisions mentioned in the Committee's comments provide for penalties of imprisonment or detention which do not involve labour.

The Committee requests the Government to elaborate this point by indicating any legislative texts which ensure that persons convicted under the various legislative provisions mentioned above are not obliged to perform labour and by providing copies of any judicial decisions handed down regarding the above-mentioned provisions.

2. Communication of texts. The Committee in its previous direct request requested the Government to provide copies of: (a) the text repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps; (b) the laws concerning the enforcement of arbitration awards, referred to in sections 102 and 104 of the Labour Code of 1981; (c) the Penal Code with amendments made to date. The Committee again expresses the strong hope that the Government will provide these texts in the near future.

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

1. In its previous observations, the Committee referred to certain provisions of: the Penal Code; Act No. 156 of 1960 respecting the reorganization of the press; Act No. 430 of 31 August 1955 respecting film censorship; Act No. 32 of 12 February 1964 respecting associations and private foundations; the Public Meetings Act, 1923; the Meetings Act, 1914; and Act No. 40 of 1977 respecting political parties. It pointed out that the implementation of these provisions could affect the application of Article 1(a) of the Convention, which prohibits forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee notes the Government's indications in its report that various provisions of the Penal Code are not meant for punishing the adoption of any particular political opinion or the expression of political views on social and economic order, as long as the means used to do so are lawful. It also notes the Government's indication that Act No. 156 of 1960 respecting the reorganization of the press, as amended by Act No. 148, 1980 respecting press authority, is not concerned with ideological or political orientation of the press but with procedural aspects of the publication, and that persons holding opposing views may, on obtaining the appropriate authorization, expose their dissenting political, economic and social views without being prosecuted under the Act.

The Committee refers to paragraphs 133 and 138 of its 1979 General Survey on the abolition of forced or compulsory labour, in which it indicated that the Convention prohibits neither punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, nor judicial imposition of certain restrictions on persons convicted of crimes of this kind; however, where authorities enjoy wide powers to ban publications in the public interest, subject to sanctions involving compulsory labour, this may lead to the imposition of compulsory labour as a punishment for expressing political or ideological views. The Committee hopes that the Government will re-examine the above-mentioned legislation with a view to ensuring the observance of the Convention and that it will soon indicate measures taken or envisaged to this end.

2. Article 1(d). In its previous comments, the Committee referred to sections 124, 124A, 124C and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment which may involve compulsory labour. The Committee notes the Government's indication in its report that the conviction under the above-mentioned provisions does not involve any obligation to perform compulsory labour inside the prison. The Government also refers to section 24 of the Act concerning the organization of prisons which provides that prisoners who are detained temporarily or who have been convicted without obligation to perform prison labour can only work when they so wish. The Committee requests the Government to indicate any measures taken or contemplated to ensure that persons convicted under the above-mentioned provisions of the Penal Code are entitled to the status set out in section 24 of the Act concerning the organization of prisons. The Committee would also appreciate it if the Government would supply copies of any court decisions handed down under the above-mentioned provisions of the Penal Code.

3. The Committee previously expressed the hope that measures would be taken to ensure the observance of the Convention with regard to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, under which penalties of imprisonment involving compulsory labour may be imposed on seamen who together commit repeated acts of insubordination. In this connection, the Committee recalled that Article 1(c) and (d) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee noted that, in order to remain outside the scope of the Convention, such punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life of persons.

The Committee notes the indication in the Government's report that the penalties imposed under the above-mentioned sections of the Act are aimed at preventing the exposure of the vessel, its crew, passengers and its cargo to danger, especially at sea or in a foreign country.

The Committee observes that while section 13, paragraphs (1) to (4) of the Act deal with breaches of discipline of an apparently serious nature defined with reasonable precision and do not give rise to any problem as to their compatibility with the Convention, it however appears that under section 13(5), read together with section 14, participation in strikes may be punished with imprisonment even in circumstances where the safety of the vessel or the life and health of persons are not endangered.

Noting the Government's earlier indication that the Committee's comments on this matter had already been transmitted to the competent authorities in 1985 with a view to amending these provisions, the Committee hopes that the Government will soon be in a position to indicate that the necessary measures have been taken to ensure the observance of the Convention.

4. The Committee recalls the Government's earlier indication that the legislation was being reviewed in order to bring it into conformity with international Conventions. The Committee trusts that the Government will soon be in a position to indicate progress made in its efforts to this end.

In this connection, the Committee hopes that the Government will supply full details also on a number of other points that are again dealt with in a request addressed directly to the Government.

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

Further to its observation and in view of the current revision of the legislation, the Committee wishes to draw the Government's attention to the following points:

1. Article 1(a) of the Convention. In its previous comments, the Committee referred to the following provisions of the law:

(a) section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interests;

(b) section 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970 - advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State, encouraging aversion or contempt for these principles, encouraging calls to oppose the union of the people's working forces, constituting or participating in any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;

(c) section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 - dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interests;

(d) section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 - production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, emphasizing aspects which are not appropriate, or in any other manner;

(e) sections 1, 2 and 11 of Act No. 156 of 1960 concerning the reorganization of the press - under which imprisonment with compulsory labour may be imposed on anyone who issues a periodical publication or engages in journalism without the permission of the National Union, which may be granted or withheld at the discretion of the latter body - and sections 2, 15 and 16 of Act No. 430 of 31 August 1955 - imposing similar penalties on anyone who makes, publishes or produces any song, play or recording without the authorization of the Ministry of National Orientation;

(f) sections 2, 12 and 92 of Act No. 32 of 12 February 1964 concerning associations and private foundations - under which no association may be established if its objective is to impair the social system of the Republic, wide discretionary powers are granted to the competent administrative authorities to refuse the establishment of any association, and imprisonment with compulsory labour may be imposed on anyone who undertakes any activity on behalf of an association not duly established;

(g) the Public Meetings Act, 1923, and the Meetings Act, 1914, granting general powers to prohibit or dissolve meetings, even in private places, subject to penalties of imprisonment with compulsory labour.

The Committee also referred to the following provisions:

(a) sections 98(b), 98(b)bis and 174 of the Penal Code (concerning advocacy of certain doctrines);

(b) section 172 of the Penal Code (concerning incitement to any offence against the security of the State);

(c) section 188 of the Penal Code (concerning the dissemination of false news, etc., which may harm the public interest);

(d) sections 4 and 26 of Act No. 40 of 1977 (prohibiting the creation of political parties whose objectives are in conflict with Islamic legislation or with the achievements of socialism, or which are branches of foreign parties).

The Committee refers to paragraphs 102 to 109 and 133 to 140 of its General Survey of 1979 on the Abolition of Forced Labour, and observes that any sanction involving compulsory prison labour is contrary to the Convention when it is inflicted to punish persons for expressing certain political views or views ideologically opposed to the political system, or who have infringed a discretionary decision by the administration depriving them of the right to make public their opinions or suspending or dissolving certain associations.

The Committee also noted that, under Act No. 33 of 1978 respecting the protection of the Interior Front and social peace, any call to oppose the principles of the revolution or to propagate doctrines that are hostile to the democratic socialist system, or which involves rejection of the laws of heaven or is contrary to their teachings is punishable in accordance with the provisions of sections 98 and 174 of the Penal Code. Under the same Act, the provisions of section 80(d) and those of Title 4 of Book 2 of the Penal Code, concerning offences committed through the press, apply to all publications and dissemination abroad by an Egyptian citizen, liable to prejudice the country's higher national interests or to corrupt political life and endanger national unity and social peace. The public ministry may conduct an investigation into such offences and summon the authors to appear before the Court of Fundamental Values which may sentence them to the penalties provided for in Act No. 95 of 1980 respecting the protection of fundamental values; if the offender is an association, the penalty of imprisonment and the fine are handed down in accordance with section 92 of the Act respecting private associations.

The Committee also noted that section 4 of Act No. 40 of 1977 respecting political parties has been amended by Act No. 36 of 1979, and that the new Act provides that in order for a party to be formed or to continue to exist, its principles, programmes, activities and the choice of its leaders and members must not be based on notions of class or of a confessional, sectarian or geographical nature, nor on discrimination on grounds of sex, extraction, religion or belief.

The Committee again asks the Government to provide information on the practical application of the above provisions in cases where penalties involving compulsory labour are imposed, stating the number of sentences handed down for violations of the above provisions and giving details of any judicial decisions which can assist in defining their exact scope. It also asks the Government to provide a copy of the Act respecting political parties, as amended.

It also asks the Government to indicate the measures taken or envisaged, particularly in the context of the current review of the legislation, to ensure that the legislation meets the requirements of the Convention.

2. Article 1(d). With reference to point 2 of its observation, the Committee recalls that it asked the Government to provide information on the application of the provisions of sections 124, 124A, 124C and 374 of the Penal Code and to supply a copy of relevant judicial decisions, and on the measures taken to draw attention to the interpretation of the law given in the judgement of the Court of Security. The Committee noted from the information supplied by the Government that contacts were being pursued with the departments concerned with a view to providing the information and documents requested. The Committee again expresses the hope that the Government will provide the information and documents with its next report.

3. Communication of texts. The Committee requested the Government to provide copies of: (a) the text repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps; (b) the laws concerning the enforcement of arbitration awards, referred to in sections 102 and 104 of the Labour Code of 1981; (c) the Penal Code with amendments made to date. The Committee again expresses the hope that the Government will provide the above texts in the near future.

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

The Committee notes the indications in the Government's report that the legislation is currently being reviewed in order to bring it into line with international Conventions. It also notes that the ILO will participate in this review. The Committee wishes to draw the Government's attention to the following points on which it has already made comments.

1. In its previous observations, the Committee referred to certain provisions of: the Penal Code; Act No. 156 of 1960 respecting the reorganization of the press; Act No. 430 of 31 August 1955 respecting film censorship; Act No. 32 of 12 February 1964 respecting associations and private foundations; the Public Meetings Act, 1923; the Meetings Act, 1914; and Act No. 40 of 1977 respecting political parties. It pointed out that the implementation of these provisions could affect the application of Article 1(a) of the Convention, which prohibits forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee noted the Government's indications repeated from previous reports that there are no longer any political prisoners and that the purpose of prison labour is to reintegrate the prisoner into society through the acquisition of various trades and vocational training and cannot be compared to forced labour.

With regard to prison labour, the Committee referred to paragraphs 102 to 109 of its General Survey of 1979 on the Abolition of Forced Labour and pointed out that, in the case of persons convicted for expressing certain political views, an intention to reform or educate them through labour would in itself be covered by the express terms of the Convention, which applies, inter alia, to any form of compulsory labour as a means of political education. The Committee has considered that compulsory labour in any form, including compulsory prison labour, is covered by the Convention in so far as it is exacted in the five cases specified by the Convention.

The Committee recalls that, in order to bring penal legislation falling within the scope of Article 1(a) into conformity with the Convention, measures may be taken either to redefine the punishable offences so that no person may be punished for holding or expressing political views or views ideologically opposed to the established political, social or economic order, or to modify the nature of the penalty, for example by replacing imprisonment with fines or by granting prisoners convicted of certain offences a special status under which they are exempt from prison labour imposed on common offenders, but allowed to work on their own initiative. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

2. Article 1(d). In its previous comments, the Committee referred to sections 124, 124A, 124C and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment which may involve compulsory labour. The Committee notes the Government's indications, repeated from a previous report, that article 151 of the Constitution and section 23 of the Civil Code provide that national laws become ineffective when their provisions are incompatible with international treaties ratified by Egypt. In this connection, the Government cited the judgement of the Supreme Court of State Security which, pursuant to Article 8 of the International Covenant on Economic, Social and Cultural Rights, acquitted the persons prosecuted in connection with a strike action of railway workers. The Committee asks the Government to indicate the measures taken or contemplated to amend the above-mentioned provisions of the Penal Code to bring them into line with the provisions of the Convention.

3. The Committee previously expressed the hope that measures would be taken to ensure observance of the Convention with regard to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, under which penalties of imprisonment involving compulsory labour may be imposed on seamen who together commit repeated acts of insubordination. In this connection, the Committee recalled that Article 1(c) and (d) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee noted, in this regard, that such punishment can only be authorized in cases of insubordination that endanger or are likely to endanger the safety of the vessel or the life of persons.

The Committee noted that section 13(5) and section 14 of the above Act can be applied to cases in which participation in a strike has not endangered the safety of the vessel. It noted that the Committee's comments had already been transmitted to the competent authorities in 1985 with a view to amending these provisions in order to align them with those of the Convention. It asks the Government to indicate the measures taken or contemplated in this respect.

4. The Committee also refers to the comments set out in its direct requests to the Government concerning the application of the Convention as well as of Convention No. 29.

It hopes that in the current review of the legislation the provisions in question will be amended so as to bring the legislation into conformity with the Convention and asks the Government to report on any progress made in applying the present Convention and Convention No. 29.

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

1. Article 1(a) of the Convention. With reference to point 1 of its observation, the Committee asks the Government to provide information, in so far as penalties involving compulsory labour are involved, on the practical application of the following provisions, indicating the number of sentences handed down for infringements of the provisions and providing particulars of any court decisions which might assist in defining their exact scope:

(a) section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the interior situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interests;

(b) section 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970 - advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State, encouraging aversion or contempt for these principles, encouraging appeals against the union of the people's working forces, constituting, or participating, in any any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;

(c) section 102 bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 - dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;

(d) section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 - production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, emphasising aspects which are not appropriate, or in any other manner;

(e) sections 1, 2 and 11 of Act No. 156 of 1960 concerning the reorganisation of the press - under which imprisonment with compulsory labour may be imposed on anyone who issues a periodical publication or engages in journalism without the permission of the National Union, which may be granted or withheld at the discretion of the latter body - and sections 2, 15 and 16 of Act No. 430 of 31 August 1955 - imposing similar penalties on anyone who makes, publishes or produces any song, play or recording without the authorisation of the Ministry of National Orientation;

(f) sections 2, 12 and 92 of Act No. 32 of 12 February 1964 concerning associations and private foundations - under which no association may be established if its objective is to impair the social system of the Republic, wide discretionary powers are granted to the competent administrative authorities to refuse the establishment of any association, and imprisonment with compulsory labour may be imposed on anyone who undertakes any activity on behalf of an association not duly established;

(g) Public Meetings Act, 1923 and the Meetings Act, 1914 - granting general powers to prohibit or dissolve meetings, even in private places, subject to penalties of imprisonment with compulsory labour.

The Committee also referred to the following provisions:

(a) sections 98(b) and 98(b)bis and 174 of the Penal Code (concerning advocacy of certain doctrines);

(b) section 172 of the Penal Code (concerning incitement to any offence against the security of the State);

(c) section 188 of the Penal Code (concerning the dissemination of false news, etc., which may harm the public interest);

(d) sections 4 and 26 of Act No. 40 of 1977 (prohibiting the creation of political parties whose objectives are in conflict with Islamic legislation or with socialist achievements, or which are branches of foreign parties).

In its report, the Government repeats its former statement that the purpose of these provisions is to protect the social structures and society. Referring to paragraphs 102 to 109 and 133 to 140 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee observes that any sanction involving compulsory prison labour is contrary to the Convention when it is inflicted to punish persons for expressing certain political views or views ideologically opposed to the political system, or who have infringed a discretionary decision by the administration depriving them of the right to make public their opinions or suspending or dissolving certain associations.

The Committee also notes that, under Act No. 33 of 1978 respecting the protection of the interior front and social peace, any call to oppose the principles of the revolution or to propagate doctrines that are hostile to the democratic socialist system, or which involves rejection of the laws of heaven or is contrary to their teachings is punishable in accordance with the provisions of sections 98 and 174 of the Penal Code. Under the same Act, the provisions of section 80(d) and those of Title 4 of Book 2 of the Penal Code, concerning offences committed through the press, apply to all publications and dissemination abroad by an Egyptian citizen, liable to prejudice the country's higher national interests or to corrupt political life and endanger national unity and social peace. The public ministry may conduct an investigation into such offences and summon the authors to appear before the Court of Fundamental Values which may sentence them to the penalties provided for in Act No. 95 of 1980 respecting the protection of fundamental values; if the offender is an association, the penalty of imprisonment and the fine are handed down in accordance with section 92 of the Act respecting private associations.

The Committee also notes the Government's statement in its periodic report to the Committee on the Elimination of Racial Discrimination (document CERD/C/172/Add.12 of 14 April 1989), to the effect that section 4 of Act No. 40 of 1977 respecting political parties has been amended by Act No. 36 of 1979, and that the new Act provides that in order for a party to be formed or to continue to exist, its principles, programmes, activities and the choice of its leaders and members must not be based on notions of class or of a confessional, sectarian or geographical nature, nor on discrimination on grounds of sex, extraction, religion or belief.

The Committee asks the Government to provide information on the practical application of the above provisions, in so far as involving penalties comprising compulsory labour, including the number of sentences handed down for violations of the above provisions and details of any judicial decisions which can assist in defining their exact scope. It also asks the Government to provide a copy of the Act respecting political parties, as amended.

2. Article 1(d). With reference to point 2 of its observation, the Committee recalls that it asked the Government to provide information on the application of the provisions of sections 124, 124A, 124C and 374 of the Penal Code, including a copy of relevant judicial decisions, and on the measures taken to draw attention to the interpretation of the law given in the judgement of the Court of Security. The Committee notes the information supplied by the Government in its report that contacts are being pursued with the departments concerned with a view to providing the information and documents requested. The Committee hopes that the Government will provide the information and documents with its next report.

3. Communication of texts. The Committee requested the Government to provide copies of: (a) the text repealing Proclamation No. 14 of 19 December 1956 on the organisation of preventive detention camps; (b) the laws concerning the enforcement of arbitration awards, referred to in sections 102 and 104 of the Labour Code of 1981; (c) the Penal Code with amendments made to date. The Commission again expresses the hope that the Government will shortly provide the above texts.

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

1. In its previous comments, the Committee referred to a number of provisions of the Penal Code, Act No. 156 of 1960 concerning the reorganisation of the press, Act No. 430 of 31 August 1955 respecting film censorship, etc., Act No. 32 of 12 February 1964 concerning associations and private foundations, the Public Meetings Act, 1923, the Meetings Act, 1914 and Act No. 40 of 1977 respecting political parties. It pointed out that the application of those provisions could have a bearing on the application of Article 1(a) of the Convention, which prohibits recourse to penalties involving compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee noted the Government's repeated indications that political prisoners are not obliged to work but may work if they so request and will in that case be remunerated. In 1985, the Government indicated that political prisoners are subject to the same provisions as prisoners in general, i.e. the 1956 Act on the Prisons Organisation, and that the aim of the penalty is not forced labour, but the re-education of the prisoner. In 1988, the Government stated that there were no longer any political prisoners.

In its last report, the Government refers to its previous statements that there are no longer any political prisoners, freedom of expression is guaranteed by article 47 of the Constitution and freedom of the press is applied, in practice, as evidenced by the publication of a large number of opposition newspapers. The Government adds that the purpose of prison labour is to reintegrate the prisoner into society through the acquisition of various trades and vocational training and cannot be compared to forced labour.

The Committee takes due note of these indications. With regard to prison labour, the Committee refers to paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour in which it indicated that while prison labour exacted from common offenders is intended to reform or rehabilitate them, the same need does not arise in the case of persons convicted for their opinions or for having taken part in a strike. Furthermore, in the case of persons convicted for expressing certain political views, an intention to reform or educate them through labour would in itself be covered by the express terms of the Convention, which applies inter alia to any form of compulsory labour as a means of political education. For all these reasons, the Committee has considered that compulsory labour in any form, including compulsory prison labour, is covered by the Convention in so far as it is exacted in the five cases specified by the Convention.

Regarding the Government's indications that there are no longer any political prisoners and that freedom of the press has been reinstituted, the Commission hopes that the necessary measures will be taken to bring the legislation into conformity with the practice described by the Government. In this connection, the Committee notes with interest that, in its last report, the Government again refers to the proposed amendments to the legislation. The Committee recalls that, in order to bring penal legislation falling within the scope of Article 1(a) into conformity with the Convention, measures may be taken either to redefine the punishable offences so that no person may be punished for holding or expressing political views or views ideologically opposed to the established political, social or economic system, or to modify the nature of the penalty, e.g. by replacing imprisonment with fines, or by granting prisoners convicted of certain offences a special status, under which they are free from prison labour imposed on common offenders, but allowed to work on their own initiative. The Committee asks the Government to indicate any measures taken in this respect.

2. Article 1(d). In its previous comments, the Committee referred to sections 124, 124A, 124C and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment which may involve compulsory labour. The Committee noted the Government's indications in its previous report to the effect that, by virtue of section 151 of the Constitution and section 23 of the Civil Code, national laws become ineffective to the extent that their provisions are incompatible with the international treaties to which Egypt is a party. In this connection, the Government cited the judgement of the Supreme Court of State Security (Cairo) of 16 April 1987 which, by virtue of Article 8 of the International Covenant on Economic, Social and Cultural Rights, acquitted the persons prosecuted in relation to strike action of railway workers. The Committee again asks the Government to indicate whether the above judgement has been made enforceable. Noting also the Government's statement in its report that international instruments will take precedence over the national legislation, the Committee asks the Government to indicate the measures taken or under consideration to amend the above-mentioned provisions of the Penal Code in order to bring them into conformity with the judgement of the Court and the provisions of the Convention.

3. The Committee previously expressed the hope that measures would be taken to ensure observance of the Convention with regard to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, under which sentences of imprisonment involving the obligation to work can be imposed on seamen who together commit repeated acts of insubordination. In this connection, the Committee recalled that Article 1(c) and (d) of the Convention prohibits the imposition of forced or compulsory labour as a means of labour discipline or as a punishment for having participated in strikes, and authorises such punishment only in cases of insubordination that endanger or are likely to endanger the safety of the vessel or the life of persons.

The Committee notes the repeated indication of the Government in its report that the Act is applied in cases where the safety of persons is endangered, and is therefore outside the scope of the Convention. The Committee notes, however, that while subsections 1 to 4 of section 13 of the Act appear to deal with such cases, defined with the necessary precision, subsection 5 of section 13, as well as section 14, can be applied to cases in which participation in a strike has not endangered the safety of the ship. Since the Government indicated in its report communicated in 1985 that the Committee's comments had been submitted to the competent authorities with a view to all the provisions in question being amended and brought into harmony with the provisions of the Convention, it again expresses the hope that the necessary measures will shortly be taken and that the Government will indicate any progress made in this respect.