Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Abolition of Forced Labour Convention, 1957 (No. 105) - Egypt (Ratification: 1958)

I. Referring to its observation under the Convention, the Committee has noted the Government’s statement in the report that the information sought in its previous direct request will be provided once it has been received from the competent authorities. Since the Government’s report contains no other information in reply to its previous direct request, the Committee hopes that the next report will include full information on the following matters raised therein:

Article 1(a) of the Convention. 1. In its earlier comments, the Committee noted the following legislative provisions, which provide for sanctions involving compulsory labour:

(a)  section 80(d) of the Penal Code, as amended by Act No. 112 of 19 May 1957, in so far as it applies to the wilful dissemination abroad by an Egyptian of tendentious rumours or information relating to the internal situation of the country for the purpose of reducing the high reputation or esteem of the State, or the exercise of any activity which will prejudice the national interests;

(b)  section 102bis of the Penal Code, as amended by Act No. 34 of 24 May 1970 - dissemination or possession of means for the dissemination of news or information, false or tendentious rumours, or revolutionary propaganda which may harm public security, spread panic among the people or prejudice the public interest;

(c)  section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 and Act No. 93 of 28 May 1995 - 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, emphasizing aspects which are not appropriate, or in any other manner;

(d)  section 172 of the Penal Code (concerning incitement to any offence against the security of the State);

(e)  section 188 of the Penal Code (concerning the dissemination of false news, etc., which may harm the public interest);

The Committee refers to its observation under the Convention and to the explanations provided in paragraphs 133-134 of its General Survey of 1979 on the abolition of forced labour concerning the restrictions to which the freedom of expression and other civil liberties may be subjected as normal safeguards against their abuse. In order to enable the Committee to ascertain that the abovementioned provisions are applied in a manner compatible with the protection afforded by Article 1(a) of the Convention, the Government is requested to provide information on their application in practice, with copies of any judicial decisions which may assist in defining their exact scope.

2. The Committee previously noted that, under Act No. 33 of 1978 respecting the protection of the Interior Front and social peace, any call to oppose the principles of the revolution or to propagate doctrines hostile to the democratic socialist system, or which involves rejection of the laws of heaven or is contrary to their teachings is punishable in accordance with the provisions of sections 98 and 174 of the Penal Code. The Government indicates in its report that Act No. 33 of 1978 has been repealed. The Committee requests the Government to supply a copy of the repealing text with its next report.

II. Article 1(a). With reference to point 6 of its observation under the Convention, the Committee has noted the provisions of section 11 of Act No. 84/2002 on non-governmental organizations prohibiting the associations from exercising activities threatening national unity, violating public order, or calling for discrimination between citizens on the grounds of race, origin, colour, language, religion or creed. It has also noted the provisions of sections 20 and 21 of Act No. 96/1996 on the reorganization of the press prohibiting the following acts: attacking the religious faith of third parties; promoting bias and alignment or disdainments to any of the society’s religious categories; and attacking the works of public officials. The Committee has noted that the above provisions are enforceable with sanctions of imprisonment for a term of up to one year (section 76(1)(B) of Act No. 84/2002 and section 22 of Act No. 96/1996), which may involve an obligation to perform labour, in virtue of sections 19 and 20 of the Penal Code. The Committee requests the Government to provide information on the application of these provisions in practice, supplying copies of any court decisions defining or illustrating their scope, in order to enable the Committee to ascertain that they are applied in a manner compatible with the Convention.

III. Communication of texts. In its earlier comments the Committee requested the Government to provide copies of: (a) the text repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps; and (b) the laws concerning the enforcement of arbitration awards. The Committee takes due note of the Government’s intention to communicate these texts as soon as they are received from the bodies concerned and again expresses the hope that the texts requested will be provided in the near future. It also requests the Government once again to provide a copy of the Act respecting political parties, as amended.