Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. Article 1(a) of the Convention. With reference to point 1 of its observation, the Committee asks the Government to provide information, in so far as penalties involving compulsory labour are involved, on the practical application of the following provisions, indicating the number of sentences handed down for infringements of the provisions and providing particulars of any court decisions which might assist in defining their exact scope:

(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 interior 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 98(a)bis and 98(d) of the Penal Code, as amended by Act No. 34 of 24 May 1970 - advocacy, by any means, of opposition to the fundamental principles of the socialist system of the State, encouraging aversion or contempt for these principles, encouraging appeals against the union of the people's working forces, constituting, or participating, in any any association or group pursuing any of the foregoing aims, or receiving any material assistance for the pursuit of such aims;

(c) section 102 bis 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;

(d) section 178(3) of the Penal Code, as amended by Act No. 536 of 12 November 1953 - 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, emphasising aspects which are not appropriate, or in any other manner;

(e) sections 1, 2 and 11 of Act No. 156 of 1960 concerning the reorganisation of the press - under which imprisonment with compulsory labour may be imposed on anyone who issues a periodical publication or engages in journalism without the permission of the National Union, which may be granted or withheld at the discretion of the latter body - and sections 2, 15 and 16 of Act No. 430 of 31 August 1955 - imposing similar penalties on anyone who makes, publishes or produces any song, play or recording without the authorisation of the Ministry of National Orientation;

(f) sections 2, 12 and 92 of Act No. 32 of 12 February 1964 concerning associations and private foundations - under which no association may be established if its objective is to impair the social system of the Republic, wide discretionary powers are granted to the competent administrative authorities to refuse the establishment of any association, and imprisonment with compulsory labour may be imposed on anyone who undertakes any activity on behalf of an association not duly established;

(g) Public Meetings Act, 1923 and the Meetings Act, 1914 - granting general powers to prohibit or dissolve meetings, even in private places, subject to penalties of imprisonment with compulsory labour.

The Committee also referred to the following provisions:

(a) sections 98(b) and 98(b)bis and 174 of the Penal Code (concerning advocacy of certain doctrines);

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

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

(d) sections 4 and 26 of Act No. 40 of 1977 (prohibiting the creation of political parties whose objectives are in conflict with Islamic legislation or with socialist achievements, or which are branches of foreign parties).

In its report, the Government repeats its former statement that the purpose of these provisions is to protect the social structures and society. Referring to paragraphs 102 to 109 and 133 to 140 of its General Survey of 1979 on the Abolition of Forced Labour, the Committee observes that any sanction involving compulsory prison labour is contrary to the Convention when it is inflicted to punish persons for expressing certain political views or views ideologically opposed to the political system, or who have infringed a discretionary decision by the administration depriving them of the right to make public their opinions or suspending or dissolving certain associations.

The Committee also notes 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 that are 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. Under the same Act, the provisions of section 80(d) and those of Title 4 of Book 2 of the Penal Code, concerning offences committed through the press, apply to all publications and dissemination abroad by an Egyptian citizen, liable to prejudice the country's higher national interests or to corrupt political life and endanger national unity and social peace. The public ministry may conduct an investigation into such offences and summon the authors to appear before the Court of Fundamental Values which may sentence them to the penalties provided for in Act No. 95 of 1980 respecting the protection of fundamental values; if the offender is an association, the penalty of imprisonment and the fine are handed down in accordance with section 92 of the Act respecting private associations.

The Committee also notes the Government's statement in its periodic report to the Committee on the Elimination of Racial Discrimination (document CERD/C/172/Add.12 of 14 April 1989), to the effect that section 4 of Act No. 40 of 1977 respecting political parties has been amended by Act No. 36 of 1979, and that the new Act provides that in order for a party to be formed or to continue to exist, its principles, programmes, activities and the choice of its leaders and members must not be based on notions of class or of a confessional, sectarian or geographical nature, nor on discrimination on grounds of sex, extraction, religion or belief.

The Committee asks the Government to provide information on the practical application of the above provisions, in so far as involving penalties comprising compulsory labour, including the number of sentences handed down for violations of the above provisions and details of any judicial decisions which can assist in defining their exact scope. It also asks the Government to provide a copy of the Act respecting political parties, as amended.

2. Article 1(d). With reference to point 2 of its observation, the Committee recalls that it asked the Government to provide information on the application of the provisions of sections 124, 124A, 124C and 374 of the Penal Code, including a copy of relevant judicial decisions, and on the measures taken to draw attention to the interpretation of the law given in the judgement of the Court of Security. The Committee notes the information supplied by the Government in its report that contacts are being pursued with the departments concerned with a view to providing the information and documents requested. The Committee hopes that the Government will provide the information and documents with its next report.

3. Communication of texts. The Committee requested the Government to provide copies of: (a) the text repealing Proclamation No. 14 of 19 December 1956 on the organisation of preventive detention camps; (b) the laws concerning the enforcement of arbitration awards, referred to in sections 102 and 104 of the Labour Code of 1981; (c) the Penal Code with amendments made to date. The Commission again expresses the hope that the Government will shortly provide the above texts.