Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Articles 1 and 2 of the Convention. Legislative protection against discrimination. Referring to its previous comments on the legislative gaps in the protection of workers against discrimination, the Committee recalls that, in accordance with the Convention, equality of opportunity and treatment must be ensured in respect of all aspects of employment and occupation, including training and all terms and conditions of employment and that, as a minimum, all the grounds listed in Article 1(1)(a) should be addressed. The Committee observes that the anti-discrimination provisions in the Labour Code of 2003 do not cover all aspects of employment, since they only prohibit discrimination with respect to wages (section 35) and termination of employment (section 120). The Committee therefore requests the Government to take the necessary measures to amend the Labour Code with a view to including legal provisions applicable to all workers defining and prohibiting explicitly direct and indirect discrimination, at all stages of employment, and covering, as a minimum, all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin.

Scope of application. Domestic workers. In its previous comments, the Committee noted the Government’s statement that the bodies responsible for women’s affairs would carry out an assessment of whether the national legislative framework provided sufficient protection against discrimination and abuse of domestic workers and asked for information on the results of such assessment. The Government merely indicates that this type of employment is not widespread in Egypt and that the necessary arrangements are being carried out to identify the occupations concerned. Recalling that the Convention applies to all categories of workers, and that domestic workers are excluded from the protection against discrimination provided by the Labour Code, the Committee requests the Government to indicate how it is ensured that this particularly vulnerable category of workers is protected against discrimination based on the grounds enumerated in Article 1(1)(a) of the Convention.

Scope of application. Public servants. Noting that public servants are also excluded from the scope of the Labour Code and that the proportion of women in the public sector is much higher than in the private sector, the Committee asks the Government to indicate how these workers are protected against discrimination in all aspects of employment, including access, training, promotion and terms and conditions of employment. In addition, the Committee asks the Government once again to provide information on any measures taken or envisaged, for instance through the units on equal opportunities set up in the ministries, to promote and ensure, in law and in practice, equality of opportunity and treatment, particularly between men and women, in the public service.

Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s statement that the Department for Women’s Affairs and Equal Opportunities at the Ministry of Manpower and Migration did not receive any complaints on sexual harassment at the workplace, with respect to either the private or the public sector. The Government also recalls in its report that it considers that the penal provisions sanctioning sexual assaults (sections 267 to 269 of the Penal Code) address sexual harassment. The Committee considers that the absence of complaints does not mean that sexual harassment at the workplace does not occur. This may, on the other hand, indicate that the victims either have an inadequate knowledge of the legal provisions and dispute resolution procedures available or fear possible reprisals by the perpetrator (employer or colleagues). The Committee would like to point out that the penal provisions to which the Government refers may not provide adequate protection against sexual harassment at the workplace, as certain practices or behaviour may not amount to such crimes, but nevertheless constitute discrimination on the basis of sex. Moreover, none of these provisions contains a comprehensive definition of sexual harassment. The Committee recalls in this regard its 2002 general observation referring to the different types of sexual harassment: (1) (quid pro quo) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (2) (hostile work environment): conduct that creates an intimidating, hostile or humiliating working environment for the recipient. The Committee therefore asks the Government to consider including in the labour legislation provisions defining and prohibiting sexual harassment, in line with its 2002 general observation. The Government is requested to provide information on any developments in this respect, as well as on any practical measures taken or envisaged, in cooperation with workers’ and employers’ organizations or other competent bodies, to prevent and address sexual harassment at the workplace.

Discrimination on the basis of religion. In its previous comments, the Committee requested the Government to provide information on the practical impact of the High Court’s ruling of 16 December 2006 according to which unrecognized religious minorities, including the Baha’i, could not explicitly state their religion on identity papers, on the employment of members of such minorities. The Government replies that according to judgment No. 10831-54q of 16 March 2009 of the Administrative Court of Appeal, the Baha’i are entitled to obtain identity documents and birth certificates without mentioning any religion. While welcoming this information, the Committee requests the Government to remain vigilant to ensure that the absence of mention of religion on the identity documents or birth certificates does not indirectly result in discrimination based on religion with respect to access to education and training and employment of unrecognized religious minorities. Recalling that general provisions prohibiting discrimination on the basis of religion may not be sufficient to ensure equality of opportunity and treatment in employment and occupation, the Committee further requests the Government to provide information on any practical measures taken or envisaged, such as training and awareness raising activities for law enforcers, workers’ and employers’ organizations and the public, to promote equality in employment and occupation.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes with concern that although there has been a consensus of the Special Council allowing women to be appointed to judicial positions, the State Council decided in July 2010 to defer the appointment of female judges, due to practical issues. With respect to the employment of women in general, the Committee notes the detailed information provided by the Government on the activities of the National Council of Women (NCW). It notes in particular that a strategy for including women in the labour market has been developed and that several projects, including a programme on rural women, have been carried out. The Committee notes, however, from the statistics provided by the Government that only 19.7 per cent of women were employed in the private sector in 2008 and the number of women employed in managerial functions is seven times lower than men. The statistics also show significant occupational segregation between men and women in the labour market.

Noting again that the progress towards achieving equality in employment and occupation is very slow, the Committee asks the Government to increase its efforts and take proactive measures to increase women’s participation in the broadest possible range of economic activities, including non-traditional occupations and self-employment, and vocational training programmes. In this respect, the Committee requests the Government to provide information on the strategy developed by the NCW with a view to including women in the labour market, the concrete measures taken to this end and any assessment of the impact of such measures on the participation of women in the labour force. The Government is requested to indicate the progress made with respect to the effective appointment of female judges by the State Council. Please also provide information on measures taken to improve the economic situation of rural girls and women, in particular with respect to the removal of practical and traditional obstacles to their access to education, vocational training and paid employment.

Access to the civil service. The Committee notes that the Government’s report contains no information on this point. The Committee therefore once again requests the Government to provide information on any measures taken or envisaged to promote and ensure, in law and in practice, equality of opportunity and treatment in the civil service.

Article 5. Prohibition of women performing certain occupations. In its previous comments, the Committee requested the Government to provide information on any review undertaken of the list of work prohibited to women in Order No. 155 of 2003 and recalled that protective measures should be limited to protecting maternity and that those protective measures aimed at protecting women based on gender-related stereotyped assumptions, should be repealed. The Committee notes from the Government’s report that the necessary measures are being taken to examine this matter in collaboration with the concerned departments. The Committee hopes that the Government will soon be in a position to report progress regarding the revision of the list of work prohibited to women so as to ensure that it is in conformity with the principle of equal opportunity and treatment between men and women.

Enforcement. Please continue to provide information on any cases dealt with by the NCW, the labour inspectorate or the courts concerning compliance with the national legislation on discrimination.