Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report and the discussion in the Conference Committee in 1991 concerning the questions raised in its previous observation.

1. The Committee notes that the Government reiterated its position that Presidential Decision No. 214 of 1978 is not contrary to Article 1 of the Convention since it protects religions without discriminating between them and is intended to combat all forms of fundamentalism and terrorism with a view to maintaining the values of the community and promoting the welfare of the people, as permitted by Article 4 of the Convention.

The Committee recalls that Presidential Decision No. 214 respecting the principles of the protection of the home front and social peace contains, in particular, 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 respecting the protection of the home front and social peace, and Act No. 95 of 1980 respecting 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 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". Similarly, under section 4 of Act No. 95, any person proved guilty of violating the fundamental values of the people, including the rights and religious values of the people, is prohibited, for a period of six months to five years, "from being a candidate to, or occupying, posts of chairman or of member of steering committees or of boards of administration of societies or public 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, according to the Government representative at the Conference, many provisions contrary to the principles of equality contained in the Egyptian Constitution, have already been annulled, thereby making it possible to respect the principles of non-discrimination. Furthermore, in a recent report, the Government stated that these provisions are not used in practice and that there is currently no-one who would be penalized under the above Decision.

The Committee is bound to recall once again that conformity should be ensured in the wording as well as in the application of the above national provisions with Article 1, paragraph 1(a), of the Convention, regarding any exclusion or preference based on religion or the expression of opinions related to moral values. As emphasized in paragraph 127 of the Committee's 1988 General Survey on Equality in Employment and Occupation, "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". It appears to the Committee that the provisions of Presidential Decision No. 214 go beyond what may be considered to be in conformity with the Convention.

The Committee further recalls that the expression of opinions or religious, philosophical or political beliefs is not in itself a sufficient basis for the application of the exception provided for in Article 4 of the Convention in respect of activities prejudicial to the security of the State, provided that no violent methods are advocated or used (the Committee requests the Government to refer to paragraph 135 of its 1988 General Survey).

The Committee therefore once again requests the Government to make every effort to amend the above legislation in order to ensure that the principle of non-discrimination in employment and occupation laid down by the Convention is applied in law and in practice to all persons, regardless of their religious affiliation or beliefs, and the expression given to them. The Committee trusts that in its next report the Government will supply information on the measures taken in this respect.

2. The Committee recalls that 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 prohibits the publication, participation in the publication or the ownership of newspapers by certain categories of persons (persons prohibited from exercising their political rights or from forming political parties, persons professing doctrines that reject divine laws, and persons convicted by the Court of Moral Values). The Committee also noted that Act No. 33, mentioned above, imposed restrictions, enforced 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 Committee notes that, in his statement to the Conference Committee, the Government representative stated that section 18 did not restrict the right of any citizen to express his views through the various means of mass media, and that Act No. 148 would be repealed on the occasion of the revision of the law of the press.

The Committee points out that these legislative provisions are contrary to Article 1, paragraph 1(a), of the Convention, to the extent that they may give rise to discrimination based on political opinion and have the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation for the persons concerned. The Committee notes that, in a letter dated 28 January 1992, the Government states that it is currently undertaking the revision of national legislation in order to bring it into conformity with international Conventions. It trusts that the Government will take into account, on that occasion, all of its comments on the application of the Convention and that it will make every effort to ensure that the above provisions are brought into conformity in the very near future with Article 1, paragraph 1(a), of the Convention. It requests the Government to keep it informed of any measure taken in this respect.

[The Government is asked to supply full particulars to the Conference at its 80th Session.]