Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Egypte (Ratification: 1958)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views, or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted the following provisions under the national legislation under which penal sanctions involving compulsory prison labour (pursuant to sections 16 and 20 of the Penal Code) may be imposed in situations covered by Article 1(a), namely:

-section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and by Act No. 93 of 28 May 1995, regarding the production or possession with a view to the distribution, sale, etc., of any images which may prejudice the reputation of the country by being contrary to the truth, giving an inexact description, or emphasizing aspects which are not appropriate;
-the Meetings Act (No. 10 of 1914) and the Right to Public Meetings and Peaceful Assemblies Act (Act No. 107 of 2013, section 9) granting general powers to prohibit or dissolve meetings, even in private places.

The Committee notes the Government’s information in its report that pursuant to Act No 10 of 1914 and Act No 107 of 2013, no penalties shall be imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. Thus, only using violence or carrying weapons and any other tools that endanger the life and property of citizens, or affect the course of justice, public utilities, destruction of roads and transportation, or any other act that falls outside the scope of exercising the right to demonstrate peacefully and legitimately, shall be punished. The Committee notes that as per section 72 of Act No 107 of 2013, imprisonment for not more than one year and a fine shall be imposed on whoever conducts any prohibited activities contained in section 9 of the Act. In this regard, the Committee notes the Government’s information that penalties involving imprisonment for less than one year do not lead to compulsory labour under section 20 of the Penal Code.

The Committee further notes the Government’s indication that section 178(3) of the Penal Code has been amended by Act No. 93 of 1995 such that the penalty prescribed for its violation shall be fines instead of imprisonment. The Committee requests the Government to supply a copy of Act No. 93 of 1995.

Article 1(c). Sanctions involving compulsory labour as a means of labour discipline. Seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of Act No 167 of 1960 on Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, according to 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) prohibits the exaction of compulsory labour as a means of labour discipline. It observed that, in order to be compatible with the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons. The Committee previously noted the Government’s indication that the above Act was being amended.

The Committee notes the Government’s information that according to section 4 of the Act, if a violation under this Act has been established, the offender shall be referred to the disciplinary Committee and that there shall be no criminal proceedings and the penalties shall be disciplinary. However, pursuant to section 14 the penalty of imprisonment shall exceptionally be considered if the offence is committed by more than three persons and following prior agreement between two of them, and this is in rare cases. The Government further indicates that Act No 167 of 1960 is in the process of undergoing amendments in order to harmonize its provisions with the Convention. The Committee reiterates its hope that the necessary measures will be taken to revise the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, in order to bring sections 13(5) and 14 into conformity with the Convention. The Committee requests the Government to supply a copy of the amended text, as soon as it is adopted.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for participation in strikes. For many years, the Committee has been referring to sections 124, 124A and B, and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment for up to one year (with the possibility of doubling the term of imprisonment), which may involve compulsory labour pursuant to section 20 of the Penal Code. It noted the Government’s statement that while the penalty of hard labour (Act No. 169 of November 1981) has been abolished, prisoners have to perform work according to Law No. 396 of 1956 on Prison Regulations as well as section 20 of the Penal Code which aims at rehabilitating prisoners and providing them with the appropriate training and skills.

The Committee notes the Government’s detailed information concerning the obligations under the International Covenant on Civil and Political Rights and on the provisions under the Constitution on reforming and rehabilitating convicts and Act No 396 of 1956 regulating the employment and working conditions of prison inmates. The Government thus states that the sentence of imprisonment accompanied by labour is not deemed forced or compulsory labour. In this regard, the Committee once again recalls that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons participating peacefully in a strike. Therefore, the Committee once again urges the Government to take the necessary measures to repeal or amend the above provisions of the Penal Code, so that no sanctions involving compulsory prison labour can be imposed for the mere fact of persons peacefully participating in strikes. Pending the adoption of such measures, the Committee requests the Government to provide copies of court decisions passed under the above-mentioned sections of the Penal Code in order to assess their application in practice.