Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

Article 1(d)of the Convention. 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 C, 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 same law. The Committee requested the Government to take the necessary measures to repeal or amend the above provisions of the Penal Code.

The Committee notes an absence of information in the Government’s report. Therefore, the Committee expresses the firm hope that the necessary measures will at last be taken to repeal or amend the above provisions of the Penal Code and requests the Government to provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide copies of court decisions passed under the abovementioned sections of the Penal Code.

Article 1(c) and (d). Sanctions involving compulsory labour applicable to seafarers. 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, 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) and (d) of the Convention prohibits the exaction of compulsory labour as a means of labour discipline or as punishment for having participated in strikes. 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 once again notes that the Government’s report contains no information on this point. The Committee urges the Government to take the necessary measures, in the context of the revision of 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.

Communication of texts. In its previous comments, the Committee requested the Government to provide copies of the texts repealing Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps, the laws concerning the enforcement of arbitration sentences, as well as a copy of the Political Party Law (Act No. 12/2011).

The Committee notes the Government’s indication that all national regulations are currently being revised in order to insert the necessary amendments thereto through the House of Representatives. In view of the current delay in holding the parliamentary elections, the requested legislation will be sent as soon as the amendments are adopted after the convening of the House of Representatives. The Committee requests the Government to supply copies of the abovementioned legislation, once adopted.