Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Egypte (Ratification: 1960)

The Committee notes the Government's report on the application of the Convention.

1. The Committee recalls that Presidential Decree No. 214 of 1978 concerning the principles of protection of the home front and social peace contains, inter alia, a provision under which "any person who is convicted of maintaining principles contrary to, or conflicting with, the divine laws may not occupy a senior post in the public administration or the public sector, publish articles in the newspapers or perform work in any organ of information or perform any other work that may influence public opinion". Two laws adopted under this text, namely Act No. 33 of 1978 on the protection of the home front and social peace, and Act No. 95 of 1980 concerning the protection of values, contain similar provisions. Under section 2 of Act No. 33, "any person convicted, following an investigation by the Socialist Public Prosecutor ... of advocating or of complicity in advocating doctrines which involve the rejection of the divine laws or which are contrary to their teachings, may not occupy a senior post in the State or the public sector whose attributions include the issuing of directions or orders, or a post which has a bearing on public opinion, or any post as a representative member on executive boards of public bodies and enterprises or press establishments". Under section 4 of Act No. 95, any person proved guilty of violating the fundamental values of the people, including their rights and religious values, is prohibited for a period of six months to five years from "being a candidate to, or occupying, the posts of chairman or of member of steering committees or governing boards of public companies or bodies" and from "occupying posts or performing functions which may influence public opinion or which are related to the education of future generations". Under the same section, the persons in question are transferred to another post, retaining their wages and seniority rights "unless they are deprived of them on legal grounds".

The Committee notes that the Government reiterates its position that these laws are not contrary to the Convention since they do not call for discrimination in employment on religious grounds, and that such discrimination is prohibited by law. It also notes that the Government considers that Article 4 of the Convention allows the punishment of persons who could impair the security of the State, cause civil conflicts and represent a threat to society. The Government states that the provisions of the 1978 and 1980 Acts are not applied in practice. The Committee recalls that the expression of opinions or religious, philosophical or political beliefs is not, in itself, a sufficient base for the application of the exception set out in Article 4 of the Convention for activities prejudicial to the security of the State, provided that those who advocate them do not resort to or incite violent methods. The Committee asks the Government once again to refer in this connection to paragraph 135 of its 1988 General Survey on Equality in Employment and Occupation.

The Committee therefore asks the Government to reconsider its position and to adopt measures to ensure that a distinction is made (as regards access to employment and terms and conditions of employment) between the expression of certain opinions and recourse to violent methods aimed at fundamental changes. The Committee points out that in the above-mentioned General Survey, it recalled in paragraph 127 that "criteria such as political opinion, national extraction and religion may be taken into account in connection with the inherent requirements of certain posts involving special responsibilities, but that if carried beyond certain limits, this practice comes into conflict with the provisions of the Convention".

2. The Committee recalls that, in its previous comments, it also raised the incompatibility of section 18 of Act No. 148 of 1980 respecting the power of the press, with the principles of the Convention. Section 18 forbids the publication, participation in the publication or the ownership of newspapers by certain categories of persons: those who are prohibited from exercising their political rights; who are banned from setting up or joining political parties; who profess doctrines that reject divine laws; and who have been convicted by the Court of (Moral) Values. The Committee also noted that Act No. 33, mentioned above, imposed restrictions, enforceable by disciplinary sanctions, on members of the journalists' trade union in respect, in particular, of the freedom to publish or disseminate through the press or any other information media articles prejudicial to the "democratic socialist regime of the State" or "to the socialist achievements of the workers and peasants". The Government indicated that section 18 does not restrict the right of any citizen to express his or her views through the various information media and that Act No. 148 would be repealed on the occasion of the revision of the law of the press. In its present report, the Government expresses surprise that the persons covered by Act No. 148 can be protected by the Convention.

The Committee recalls that these legislative provisions, to the extent that they establish discrimination based on political opinion which has the effect of nullifying or impairing the equality of opportunity and treatment in employment and occupation of these people, are contrary to Article 1, paragraph 1(a), of the Convention. The Committee trusts that, during the revision of the national legislation announced by the Government in a letter of 28 January 1992, the Government will take into account all its comments and will do everything in its power to ensure that the above-mentioned provisions are brought into conformity with the Convention in the very near future. It asks the Government to keep it informed of any measures taken to this end, and to inform it of any court decisions relevant to this point.

3. With regard to the employment situation of women, the Committee notes that, in reply to its previous comment, the Government indicates that it will shortly send a detailed report on this matter. It would be grateful if, with the report, the Government would send statistical data of the number of women holding high-level posts, and the sectors concerned, together with information on the specific measures for the promotion, in practice, of equality between men and women in employment. It asks the Government to provide information on any measures taken in the area of education and vocational training as regards the 1992 proposals of the Ministry of Manpower and Training, contained in the Government's strategy for employment, to encourage women to stay at home and to establish secondary schools to train women in household work, home-based production and small-scale projects. Recalling that, in the above-mentioned General Survey, the Committee pointed out that "the use of standards of general education that differentiate between men and women, as is the practice in some countries, very soon leads to discriminatory practices based on sex" (paragraph 78), the Committee again asks the Government to provide detailed information on the vocational guidance criteria used to assess women's skills and tastes.

4. Noting that in 1994 the Office provided technical assistance in revising the Labour Code, the Committee asks the Government to inform it of the adoption of the final text and to provide a copy of it.

5. The Committee is addressing a request directly to the Government concerning other points.