Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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

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

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

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

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

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

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

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

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