Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. In its previous comments, the Committee referred to a number of provisions of the Penal Code, Act No. 156 of 1960 concerning the reorganisation of the press, Act No. 430 of 31 August 1955 respecting film censorship, etc., Act No. 32 of 12 February 1964 concerning associations and private foundations, the Public Meetings Act, 1923, the Meetings Act, 1914 and Act No. 40 of 1977 respecting political parties. It pointed out that the application of those provisions could have a bearing on the application of Article 1(a) of the Convention, which prohibits recourse to penalties involving compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee noted the Government's repeated indications that political prisoners are not obliged to work but may work if they so request and will in that case be remunerated. In 1985, the Government indicated that political prisoners are subject to the same provisions as prisoners in general, i.e. the 1956 Act on the Prisons Organisation, and that the aim of the penalty is not forced labour, but the re-education of the prisoner. In 1988, the Government stated that there were no longer any political prisoners.

In its last report, the Government refers to its previous statements that there are no longer any political prisoners, freedom of expression is guaranteed by article 47 of the Constitution and freedom of the press is applied, in practice, as evidenced by the publication of a large number of opposition newspapers. The Government adds that the purpose of prison labour is to reintegrate the prisoner into society through the acquisition of various trades and vocational training and cannot be compared to forced labour.

The Committee takes due note of these indications. With regard to prison labour, the Committee refers to paragraphs 102 to 109 of its 1979 General Survey on the Abolition of Forced Labour in which it indicated that while prison labour exacted from common offenders is intended to reform or rehabilitate them, the same need does not arise in the case of persons convicted for their opinions or for having taken part in a strike. Furthermore, in the case of persons convicted for expressing certain political views, an intention to reform or educate them through labour would in itself be covered by the express terms of the Convention, which applies inter alia to any form of compulsory labour as a means of political education. For all these reasons, the Committee has considered that compulsory labour in any form, including compulsory prison labour, is covered by the Convention in so far as it is exacted in the five cases specified by the Convention.

Regarding the Government's indications that there are no longer any political prisoners and that freedom of the press has been reinstituted, the Commission hopes that the necessary measures will be taken to bring the legislation into conformity with the practice described by the Government. In this connection, the Committee notes with interest that, in its last report, the Government again refers to the proposed amendments to the legislation. The Committee recalls that, in order to bring penal legislation falling within the scope of Article 1(a) into conformity with the Convention, measures may be taken either to redefine the punishable offences so that no person may be punished for holding or expressing political views or views ideologically opposed to the established political, social or economic system, or to modify the nature of the penalty, e.g. by replacing imprisonment with fines, or by granting prisoners convicted of certain offences a special status, under which they are free from prison labour imposed on common offenders, but allowed to work on their own initiative. The Committee asks the Government to indicate any measures taken in this respect.

2. Article 1(d). In its previous comments, the Committee referred to sections 124, 124A, 124C and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment which may involve compulsory labour. The Committee noted the Government's indications in its previous report to the effect that, by virtue of section 151 of the Constitution and section 23 of the Civil Code, national laws become ineffective to the extent that their provisions are incompatible with the international treaties to which Egypt is a party. In this connection, the Government cited the judgement of the Supreme Court of State Security (Cairo) of 16 April 1987 which, by virtue of Article 8 of the International Covenant on Economic, Social and Cultural Rights, acquitted the persons prosecuted in relation to strike action of railway workers. The Committee again asks the Government to indicate whether the above judgement has been made enforceable. Noting also the Government's statement in its report that international instruments will take precedence over the national legislation, the Committee asks the Government to indicate the measures taken or under consideration to amend the above-mentioned provisions of the Penal Code in order to bring them into conformity with the judgement of the Court and the provisions of the Convention.

3. The Committee previously expressed the hope that measures would be taken to ensure observance of the Convention with regard to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, under which sentences of imprisonment involving the obligation to work can be imposed on seamen who together commit repeated acts of insubordination. In this connection, the Committee recalled that Article 1(c) and (d) of the Convention prohibits the imposition of forced or compulsory labour as a means of labour discipline or as a punishment for having participated in strikes, and authorises such punishment only in cases of insubordination that endanger or are likely to endanger the safety of the vessel or the life of persons.

The Committee notes the repeated indication of the Government in its report that the Act is applied in cases where the safety of persons is endangered, and is therefore outside the scope of the Convention. The Committee notes, however, that while subsections 1 to 4 of section 13 of the Act appear to deal with such cases, defined with the necessary precision, subsection 5 of section 13, as well as section 14, can be applied to cases in which participation in a strike has not endangered the safety of the ship. Since the Government indicated in its report communicated in 1985 that the Committee's comments had been submitted to the competent authorities with a view to all the provisions in question being amended and brought into harmony with the provisions of the Convention, it again expresses the hope that the necessary measures will shortly be taken and that the Government will indicate any progress made in this respect.