Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the indications in the Government's report that the legislation is currently being reviewed in order to bring it into line with international Conventions. It also notes that the ILO will participate in this review. The Committee wishes to draw the Government's attention to the following points on which it has already made comments.

1. In its previous observations, the Committee referred to certain provisions of: the Penal Code; Act No. 156 of 1960 respecting the reorganization of the press; Act No. 430 of 31 August 1955 respecting film censorship; Act No. 32 of 12 February 1964 respecting 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 implementation of these provisions could affect the application of Article 1(a) of the Convention, which prohibits forced or 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 indications repeated from previous reports that there are no longer any political prisoners and 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.

With regard to prison labour, the Committee referred to paragraphs 102 to 109 of its General Survey of 1979 on the Abolition of Forced Labour and pointed out that, 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. 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.

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 order, or to modify the nature of the penalty, for example by replacing imprisonment with fines or by granting prisoners convicted of certain offences a special status under which they are exempt 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 or envisaged 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 notes the Government's indications, repeated from a previous report, that article 151 of the Constitution and section 23 of the Civil Code provide that national laws become ineffective when their provisions are incompatible with international treaties ratified by Egypt. In this connection, the Government cited the judgement of the Supreme Court of State Security which, pursuant to Article 8 of the International Covenant on Economic, Social and Cultural Rights, acquitted the persons prosecuted in connection with a strike action of railway workers. The Committee asks the Government to indicate the measures taken or contemplated to amend the above-mentioned provisions of the Penal Code to bring them into line with 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 penalties of imprisonment involving compulsory labour may 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 exaction of forced or compulsory labour as a means of labour discipline or as punishment for having participated in strikes. The Committee noted, in this regard, that such punishment can only be authorized in cases of insubordination that endanger or are likely to endanger the safety of the vessel or the life of persons.

The Committee noted that section 13(5) and section 14 of the above Act can be applied to cases in which participation in a strike has not endangered the safety of the vessel. It noted that the Committee's comments had already been transmitted to the competent authorities in 1985 with a view to amending these provisions in order to align them with those of the Convention. It asks the Government to indicate the measures taken or contemplated in this respect.

4. The Committee also refers to the comments set out in its direct requests to the Government concerning the application of the Convention as well as of Convention No. 29.

It hopes that in the current review of the legislation the provisions in question will be amended so as to bring the legislation into conformity with the Convention and asks the Government to report on any progress made in applying the present Convention and Convention No. 29.