Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Egypt (Ratification: 1960)

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Discrimination on the basis of religion. With reference to its previous comments regarding equality of opportunity and treatment of religious minorities, the Committee notes that the Government continues to reiterate 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 Committee notes that the Government also considers, as in the past, that the provisions of the new Constitution of 2014 guaranteeing equality of citizens before the law ensure that discrimination on the basis of religion is effectively prohibited in practice. Recalling 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, the Committee encourages the Government to undertake an examination of the prevalence of any discriminatory practices against members of unrecognized religious minorities in employment and occupation, and to provide information on any steps taken in this regard. It once again reiterates its request to the Government to provide information on the measures taken or envisaged to promote and ensure, in law and in practice, equality of opportunity and treatment in employment, with respect to access to education, training and employment of those belonging to unrecognized religious minorities.

Articles 2 and 3. Public service. Regarding the exclusion of public officials from the Labour Code pursuant to section 4 (their employment being governed by Act No. 47 of 1978), the Committee had noted previously 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 had recalled the obligation of governments to ensure and promote the application of the principles of the Convention to all workers, including public officials (2012 General Survey on the fundamental Conventions, paragraphs 741–742). The report of the Government being silent on this issue, the Committee firmly hopes that, in the context of the current legislative review, the Government will examine the need to provide effective protection against discrimination for public officials, and asks the Government to provide information in this regard. The Committee also asks the Government to provide information on any specific 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 set up in the ministries.

Equality of opportunity and treatment of men and women. Previously, the Committee had asked the Government to provide statistical data on the distribution of men and women in the various economic sectors and occupations. The Committee notes the statistics provided by the Government indicating that the employment rate of women in the private sector was 59.3 per cent (compared to 74.7 per cent for men); 37.8 per cent in the government sector (compared to 19.3 per cent for men); 1.4 per cent in the public sector (compared to 3.7 per cent for men). In response to the Committee’s request for information on the specific measures taken and results achieved in the context of the various activities and policies concerning the promotion of gender equality in employment and occupation mentioned in its previous report, the Government merely refers to the legal framework regulating women’s employment. The Committee further notes that the Department on Women’s Affairs in the Ministry of Manpower and Migration is henceforth the body which formulates policies, plans and programmes promoting women’s employment and identifies and addresses obstacles encountered by women in the world of work. The Committee therefore requests the Government to provide detailed information on the work of the Department on Women’s Affairs and other relevant bodies regarding 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, the increasing of women’s participation in the broadest possible range of economic activities, including non-traditional occupations and self-employment, and vocational training programmes, and the results achieved of the measures taken. In the absence of any information regarding the implementation of development projects targeting rural women mentioned in the Government’s previous report and their impact on the economic situation of such women, in particular regarding the elimination of unpaid work performed by women in agricultural family enterprises, the Committee reiterates its request for more information in this regard. 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.

Female judges. While noting the general information provided by the Government on the number of female judges appointed, the Committee asks the Government to provide up-to-date statistics on the number of women and men in the judicial system (the different branches of the courts and levels), and on the nature and number of judgments handed down by female judges, and the courts concerned.

Articles 2 and 5. Prohibition of women performing certain occupations. The Committee notes the information provided by the Government according to which section 2 of Order No. 155 of 2003 specifies that the range of employment restrictions for women is to be reviewed periodically to take into consideration new developments and that the Government will inform the Committee of any new amendments adopted in this regard. The Committee wishes to emphasize that a major shift over time has occurred from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. Protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which comes within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (2012 General Survey, paragraphs 838–839). Consequently, the Committee asks the Government to continue to provide information on the steps taken to initiate a review pursuant to section 2 of Order No. 155 of 2003, with a view to ensuring that any restrictions on work that can be undertaken by women is strictly limited to maternity protection.

Enforcement. The Government indicates that no new judicial decisions regarding discrimination have been handed down in the reporting period. The Committee asks the Government to continue to provide information on any cases dealt with by the National Women’s Council, the labour inspectorate or the courts concerning compliance with the national legislation on discrimination.