CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Egypt (RATIFICATION: 1960)

Other comments on C111

Observation

Direct Request

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Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee notes with interest that Decree No. 43 of 2021 on occupations in which women cannot be employed revised Ministerial Decree No. 183 of 2003 on the employment of women on night shifts so as to allow night work for women (section 1). In this regard, the Committee notes that Egypt has ratified the Night Work (Women) Convention (Revised), 1948 (No. 89). The Committee encourages the Government to consider launching the process of denunciation of Convention No. 89 and ratifying the Night Work Convention, 1990 (No. 171) which is not devised as a gender-specific instrument but focuses on the protection of all those working at night.

The Committee notes that Decree No. 43 of 2021 also revised Decree No. 155 of 2003 and provides that: (1) the list of occupations in which women cannot be employed has been restricted to work in mines and quarries of any kind, and all work related to extraction of metals and stones from underground (section 1); and (2) women’s work in occupations involving risks and hazards (chemical, physical, and biological hazards) that pose harm to their reproductive health or the health of their children or foetuses is prohibited during pregnancy and breast-feeding periods (section 3). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Restrictions to women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment for men and women, unless they are genuine protective measures in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore, such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protection purposes. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see 2012 General Survey on the fundamental Conventions, paragraph 840). Consequently, the Committee asks the Government to consider reviewing, in consultation with employers’ and workers’ organizations, section 1 of Decree No. 43 of 2021, in light of the principle of gender equality and technological developments, in order to ensure that any protective measures taken are strictly limited to maternity protection and/or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, in particular their access to posts with career prospects and responsibilities. The Committee asks the Government to provide information on any development in this regard.

Women judges. Referring to its previous comments and in the absence of information provided by the Government, the Committee asks once again theGovernment to provide information on the number of female judges appointed by year and the overall number of women and men judges, disaggregated by sex, in the different branches and levels of the judicial system.

Article 1(1)(a). Discrimination on the basis of religion. In the absence of information regarding the identity documents and birth certificates of Baha’i in the Government’s report, the Committee recalls that the absence of mention of religion on the identity documents or birth certificates could indirectly result in discrimination based on religion in that such an absence infers that the holder of such documents is presumably a member of an unrecognized religious minority. The Committee therefore asks once again the Government to provide information on the practical impact of the Administrative Court of Appeal ruling of March 2009 on the employment of so-called unrecognized religious minorities and on the specific situation of Baha’i in employment and occupation. It once again reiterates its request to the Government to provide information on the measures taken or envisaged to promote and ensure, in law and in practice, equality of opportunity and treatment in employment, with respect to access to education, training and employment of those belonging to unrecognized religious minorities.

Articles 2 and 3. Promoting equality of opportunity and treatment for men and women. The Committee notes that the Government has not replied to its previous comments. It notes, from the 2022 Global Gender Gap Report from the World Economic Forum, that Egypt ranked 129th out of the 146 countries in the Global Gender Gap Index. Moreover, only 15 per cent of the working-age women are participating in the economy, compared to 67 per cent of men. The Committee also takes note of the Government’s report on the implementation of the Beijing Declaration and Platform for Action, 1995 (Report Beijing +25) according to which the 2030 National Strategy for the Empowerment of Egyptian Women was adopted in 2017. The Strategy contains 34 indicators of sustainable development goals and is made up of four pillars: political empowerment and leadership; economic and social empowerment; protection; legislation and culture as cross-cutting pillars. The National Women’s Council also established the Egyptian National Observatory for Women (ENOW) to ensure strict follow-up of the Strategy and to monitor its implementation. In the report Beijing+25, the Government acknowledges that there are still a number of social and cultural traditions that prevent women from enjoying their rights, especially in rural communities and regions, because of women’s lack of awareness of their rights (p. 10). In this regard, it indicates that it has launched awareness raising campaigns, such as the “Knocking doors” which targeted 6 million women through field visits over three years. The Committee also takes note of the information contained in the Government’s report submitted this year under Article 19 of the ILO Constitution. It notes in particular that: (1) the Gender Equality Unit was established pursuant to Minister of Manpower Decree No. 1 of 2019; and (2) the unit carried out various activities to raise awareness about the right to gender equality in all areas of work; to eliminate all forms of discrimination against women; to empower women economically and to help them to reconcile their family responsibilities. The Committee further notes that under section 94 of Labour Law No. 12 of 2003, female workers working in an establishment where 50 workers or more are employed shall have the right to leave without pay for a period not exceeding two years to care for her child. Also, pursuant to section 96 of Labour Act and section 73 of Child Act No. 126 of 2008, an employer who employs 100 female workers or more in the same place shall establish a nursery school or assign to a nursery school care of the female workers' children. The Committee asks the Government to provide information on the implementation and impact of the measures taken in the framework of the 20230 National Strategy for the Empowerment of Egyptian Women or otherwise, in particular measures to increase women’s participation in a wider range of occupations, including those that are not non-stereotypically women’s jobs and in decision-making positions. It also asks the Government to provide information on the steps taken to:

(i)ensure equal access for men and women workers to all measures and schemes aimed at integrating work and family responsibilities;
(ii)continue to develop childcare facilities; and
(iii)address gender stereotypes and prejudices in that regard. Finally, it asks the Government to provide statistical information on the participation of men and women in the labour market, disaggregated by sector, and occupational category, if possible, in both the public and private sectors.

Enforcement. In the absence of information in the Government’s report, the Committee once again asksthe Government to provide information on the number, nature (ground invoked) and outcomes (success rates, sanctions imposed and compensation granted) of cases of discrimination dealt with by the labour inspectorate, the courts, or any other enforcement authorities.