Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Egypte (Ratification: 1958)

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.