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

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

Other comments on C105

Observation

Direct Request

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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.]