Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Egypte (Ratification: 1960)

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

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

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

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

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

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

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

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

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

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

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

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

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

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