Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Egipto (Ratificación : 1955)

The Committee has noted that the Government’s report gives no further particulars in reply to its earlier direct requests. It must therefore return to the following points in a new direct request.

1. Use of conscripts for non-military purposes. The Committee previously referred to Act No. 76 of 1973 as amended by Act No. 98 of 1975 concerning general (civic) service of young persons on completion of their studies. Referring also to paragraphs 49-62 of its 1979 General Survey on the abolition of forced labour, the Committee recalled that the Conference, while adopting Recommendation No. 136 on special youth schemes, 1970, had rejected the practice of making young people participate in development activities either as part of their compulsory military service or instead of it, as being incompatible with the present Convention and also Convention No. 105 (which provides for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development). The Committee noted the Government’s repeated statement that the services defined by the said Act are considered social and rural services provided for the direct interest of the local community and that the members of the local community are represented in the local committees which determine the areas of work, its organization and follow-up. The Government also indicated that the joining of the programmes of general (civic) service is voluntary as any graduate may apply for an exemption from the service.

While noting these indications, the Committee considers that a service cannot be deemed voluntary merely by the fact that a person may apply for exemptions, since the Convention defines the term "forced or compulsory labour" as work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. The Committee further considers that although the young people concerned may render services useful to the local population under the Act on general (civic) service, these could come under the definition of "minor communal services" only if performed by the members of the community concerned, as stipulated in Article 2(2)(e) of the Convention. The Committee therefore reiterates its hope that the necessary measures will be taken to bring the legislation into conformity with the Convention on that point, for example by amending it so as to ensure that the enrolment of young people in the civic service programme is based on their voluntary participation.

2. Freedom to leave the service. In its earlier comments, the Committee asked the Government to provide information on the application in practice of section 141 of Act No. 232, according to which the officer’s service does not terminate until the resignation is accepted. The Committee noted the Government’s repeated statements in its reports, that the acceptance or refusal of resignations is a matter of organization and administration of manpower and is not related to forced labour.

The Committee once again refers to paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, that persons who have voluntarily entered the service - particularly career servicemen - may not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. In order to ascertain whether the practical effect given to section 141 of Act No. 232 is compatible with the Convention, the Committee asks the Government once again to provide information on the criteria applied in accepting or refusing a request for resignation, along with other relevant information on the acceptance in practice of such requests. The Committee reiterates its hope that the Government will provide the information requested. It also asks the Government once again to supply copies of the laws and regulations concerning employment in the public service which contain provisions on resignation.

3. Article 25. The Committee has previously referred to article 13 of the Constitution and section 375 of the Penal Code, which do not provide for specific penal sanctions for the illegal exaction of forced or compulsory labour. It observed that section 170 of the Labour Code, which prohibits the employer from requiring the work not agreed upon in the employment contract, only covers workers who fall within the scope of the Labour Code.

The Committee has taken due note of the Government’s statements that the right of any person to work includes the right to perform or not perform a job in total freedom, and that recourse to force to perform a job is considered a flagrant violation of the right to work. It recalls that Article 25 of the Convention provides that "the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation of any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced". The Committee reiterates its hope that the necessary measures will be taken to bring the national legislation into full conformity with the Convention (for example, by adding penal sanctions for the illegal exaction of forced labour specifically in the Penal Code by, for instance, amending the abovementioned section 375 to that effect, or in another suitable manner). The Committee asks the Government to provide, in its next report, information on the progress achieved in this regard.