Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 1(a) of the Convention. Political coercion and punishment for
holding or expressing political views opposed to the established system

1. For a number of years, the Committee has been referring to certain provisions of the Penal Code, the Public Meetings Act of 1923, the Meetings Act of 1914 and Act No. 40 of 1977 on political parties, which provide for penal sanctions involving compulsory labour in circumstances falling within the scope of Article 1(a) of the Convention, which prohibits the use of 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. It has been referring, in particular, to the following legislative provisions enforceable with sanctions of imprisonment involving compulsory labour:

(a)  section 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970, which prohibits the following: advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State; encouraging aversion or contempt for these principles; encouraging calls to oppose the union of the people’s working forces; constituting or participating in any association or group pursuing any of the foregoing aims; or receiving any material assistance for the pursuit of such aims;

(b)  sections 98(b), 98(b)bis and 174 of the Penal Code (concerning advocacy of certain doctrines);

(c)  the Public Meetings Act, 1923, and the Meetings Act, 1914, granting general powers to prohibit or dissolve meetings, even in private places;

(d)  sections 4 and 26 of Act No. 40 of 1977 on political parties, which prohibit the creation of political parties whose objectives are in conflict with Islamic legislation or with the achievements of socialism, or which are branches of foreign parties.

2. The Committee recalled, referring to the explanations provided in paragraphs 102-109 and 133-134 of its General Survey of 1979 on the abolition of forced labour, that the abovementioned provisions are contrary to the Convention insofar as they provide for sanctions involving compulsory prison labour for expressing certain political views or views ideologically opposed to the political system, or for having infringed a discretionary decision by the administration depriving persons of the right to make public their opinions or suspending or dissolving certain associations.

3. The Committee notes the Government’s indications in its report that the abovementioned provisions aim at the protection of the State’s security and stability and represent a shield against terrorist groups and persons trying to impose their views by force for the only purpose to seize power without due regard to democracy and freedom of the people to choose their system and leaders.

4. While noting these indications, the Committee draws the Government’s attention to the explanations contained in paragraphs 133-140 of the above General Survey, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. Since opinions and views ideologically opposed to the established system are often expressed at various kinds of meetings, if such meetings are subject to prior authorization granted at the discretion of the authorities and violations can be punished by sanctions involving compulsory labour, they also fall within the scope of the Convention.

5. The Committee observes that the scope of the provisions referred to above is not limited to acts of violence or incitement to the use of violence, armed resistance or an uprising, but appears to provide for political coercion and the punishment of the peaceful expression of non-violent views that are critical of government policy and the established political system, with penalties involving compulsory labour. The Committee therefore expresses its firm hope that the necessary measures will at last be taken to bring these provisions into conformity with the Convention, and that the Government will report on the action taken to this end. Pending the amendment of the legislation, the Committee again requests the Government to provide full information on their application in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

6. The Committee has noted that Act No. 156 of 1960 respecting the reorganization of the press, as amended by Act No. 148 of 1980 respecting press authority, to which the Committee has referred in its earlier comments, has been superseded by Act No. 96 of 1996 on the reorganization of the press, in virtue of its section 81. The Committee has also noted that Act No. 32 of 12 February 1964 respecting associations and private foundations, to which the Committee has referred in its earlier comments, has been superseded by Act No. 84 of 2002 on non-governmental organizations, in virtue of its section 7. The Committee is dealing with these texts in its request addressed directly to the Government.

Article 1(b). Use of conscripts for purposes of economic development

7. The Committee refers in this regard to its observation addressed to the Government under Convention No. 29, likewise ratified by Egypt.

Article 1(d). Punishment for participation in strikes

8. In its earlier 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 requested the Government to take the necessary measures to ensure the observance of Article 1(d) of the Convention, which prohibits the use of compulsory labour as a punishment for having participated in strikes. It referred in this connection to the explanations provided in paragraph 123 of its General Survey of 1979 on the abolition of forced labour, in which it considered that the imposition of penalties for participation in strikes in essential services in the strict sense of the term fall outside the scope of the Convention.

9. The Government indicates in its report that terms of imprisonment under the above sections of the Penal Code vary from six months to one year, which means that the imprisonment in question is "simple imprisonment" which involves no obligation to perform labour. However, the Committee previously noted that section 124 refers to imprisonment for a period of up to one year, which may be doubled in certain cases (e.g. if work stoppages are liable to create disorder among the population or are prejudicial to the public interest), as clearly indicated in the Government’s 1997 report; the maximum penalty is two years under section 124A; sections 124 and 124A apply in conjunction with sections 124C and 374 of the Code. The Committee also noted previously that under sections 19 and 20 of the Penal Code, imprisonment with labour is imposed in all cases where persons are sentenced to imprisonment for one year or more.

10. The Committee therefore reiterates its hope that appropriate measures will be taken in this connection to ensure the observance of the Convention (e.g. by limiting the scope of the abovementioned provisions to persons working in essential services in the strict sense of the term, that is, services whose interruption would clearly and imminently endanger the life, personal safety or health of the whole or part of the population). Noting also the Government’s indication in the report that no court decisions have been issued yet under the abovementioned sections of the Penal Code, the Committee hopes that, pending the amendment of the legislation, the Government will supply copies of such court decisions, if and when they are handed down.

Article 1(c) and (d). Sanctions involving compulsory labour
applicable to seafarers

11. 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, under 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. The Committee 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 of persons.

12. The Committee notes with interest the Government’s indication in its report that the above Act is currently being amended. It therefore hopes that, in the course of the revision, the abovementioned provisions of the 1960 Act will be brought into conformity with the Convention and that the Government will supply a copy of the amended text, as soon as it is adopted.

The Committee is addressing a request on certain other points directly to the Government.