Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Article 1 of the Convention. Sexual harassment. In reply to the Committee’s general observation on sexual harassment, the Government reported that sexual harassment is prohibited by a number of criminal law provisions. None of these provisions, however, contains a comprehensive definition of sexual harassment, including reference to the key elements described by the Committee of Experts of quid pro quo and hostile work environment. The scope of protection and the scope of liability for sexual harassment are also not clear. The Committee would welcome information from the Government as to how the criminal provisions cited have been applied in practice, and in what contexts.

2. The Government has provided no information on administrative mechanisms to address sexual harassment, enforcement mechanisms, court decisions, educational and awareness-raising measures or activities with employers’ and workers’ organizations to address sexual harassment through policies and collective agreements. It has noted in its report that sexual harassment in Egyptian workplaces is generally not encountered. The Committee reiterates the view that policies to promote equality of opportunity and treatment should ensure that measures are taken to address sexual harassment as a form of sex discrimination, and reiterates its request for information on these questions.

3. Prohibition of discrimination. Further to its previous comment, the Committee notes the adoption of the Labour Act, No. 12 of 2003, which the Government supplied with its report. The Committee notes that the new law does not include a definition of discrimination although it incorporates a number of provisions providing some protection against discrimination in relation to employment, including sections 35, 88 and 120. In the absence of a definition of discrimination, it is not clear what kinds of distinction would be covered by the Act. In particular it is not clear whether these provisions would address indirect discrimination. The Committee requests the Government to provide information on how indirect discrimination is addressed and to provide copies of any relevant cases that may have been decided by courts or labour tribunals in connection with this issue.

4. Coverage of the Convention. The Labour Act excludes certain categories of workers from its application. Public servants, domestic service workers and the employer’s family members are excluded under section 4, and female agricultural workers are excluded from maternity protection provisions in section 97. The Committee of Experts has emphasized that there is no provision in either the Convention or its Recommendation limiting its scope as regards either individuals or occupations (General Survey on equality in employment and occupation, 1988, paragraph 17). The Committee requests the Government to provide information on measures taken to protect these workers from discrimination.

5. Article 1(3). Access to employment. The Committee notes that, under section 14 of the Labour Act, access to employment is governed by the chronological order of registrations of requests to work, though the employer may also appoint the person he chooses, whether or not that person is registered. Please indicate how protection against discrimination in access to employment on the grounds covered by the Convention, is ensured. Please indicate as well how the protection of migrant workers against discrimination on the grounds covered in the Convention is ensured.

6. Wages. In section 35 of the Act on non-discrimination in connection with wages, discrimination is prohibited on the basis of sex, origin, language, religion or creed, but discrimination on the grounds of race, colour, national extraction and social origin have been omitted, though they are also covered by the Convention. The Government is requested to provide information on how origin in this section is interpreted in practice and how discrimination on the other grounds would be addressed.

7. Other conditions of work. The Committee notes that section 88 of the Labour Act provides that "Subject to the provisions of the following articles, all provisions regulating the employment of workers shall apply to woman workers, without discrimination among them, once their work conditions are analogous." The Committee requests the Government to provide more information as to what is meant by the wording "once their work conditions are analogous". Please indicate how protection on the other grounds under the Convention besides sex is assured, as regards conditions of work other than wages.

8. Termination of employment. In section 120 of the Labour Act, colour, sex, social status, family obligations, pregnancy, religion or political views may not be reasons for termination of employment, but the grounds of race, social origin and national extraction (to the extent that they are not covered by social status) have been omitted. The Government is requested to provide information as to how discrimination in termination of employment on these other grounds is ensured.

9. Article 2. Equality of opportunity and treatment of men and women. Section 94 of the Labour Act provides that a female worker shall have the right to obtain leave without pay for a period not exceeding two years to care for her child. Section 96 provides that an employer engaging 100 female workers or more shall establish a nursery school to care for the female workers’ children. The Committee notes that these measures apply only to women and not to men. The Committee of Experts has stated that certain advantages currently afforded to women to raise children or to care for them should increasingly be granted to men as well in accordance with the spirit of the Workers with Family Responsibilities Convention, 1981 (No. 156). Beyond the impact that this might have on attitudes as regards stereotypes of the respective roles of men and women as regards family responsibilities, the fact that these advantages are no longer exclusive to women would tend to make women more competitive on the labour market, for they would cease to be seen by employers as more costly than men (General Survey, 1988, paragraph 145). The Committee would welcome information from the Government as to whether it is considering extending these measures to men.

10. Practical measures concerning equality based on sex. Further to previous comments, the Committee notes the information provided by the Government in connection with the projects of the General Directorate for Women’s Affairs of the Ministry of Social Affairs. It notes that over 160,000 income-generating projects have been financed through these activities to promote rural women. Noting that all projects are in traditional female occupations, the Committee hopes that the Government will consider funding projects in less traditional occupations as well. It would also welcome information on the sustainability and success of the newly created businesses. Further it reiterates its earlier request for information on the access of ethnic minority women to these projects and to funding.

11. The Committee reiterates its request for the Government to provide information on the activities and measures undertaken by the National Council of Women.

12. The Committee reiterates its request for statistical data on the labour force participation of women in the private and public sectors, including information on high-level positions. It notes the concern of the Committee on the Elimination of Discrimination against Women of the low level of representation of women in decision-making at all levels and in all areas. It notes the request of that committee for the Government to implement special temporary measures to increase the representation of women at decision-making levels. The Committee would welcome information on measures taken by the Government in this regard.

13. In relation to its request for information on measures taken to eliminate discrimination because of maternity and family responsibilities, the Committee notes the Government’s references to the Constitution, in particular reference to article 11. In this regard it also notes the remarks of the Committee on the Elimination of Discrimination against Women that finds that this article entrenches the woman’s primary role as mother and homemaker and possibly reinforces cultural stereotypes and patriarchal attitudes. The Government is asked to continue to provide information on its awareness-raising programmes and other measures, including those programmes directed at men, to change stereotypical attitudes and perceptions about the roles and responsibilities of women and men and combat social factors constituting obstacles to women’s entry into the formal labour market. It also reiterates its request for information on the concrete steps taken by the Government to eliminate discrimination because of maternity and family responsibility.

14. Article 5. Prohibitions on women performing certain jobs. The Committee notes that sections 89 and 90 of the Labour Act relate to work that women shall not be employed to do. It notes that Orders Nos. 23 (night work) and 22 (harmful work) were issued under the previous Labour Code of 1981. The Committee would welcome information from the Government as to the status of these Orders and copies of any new Orders issued under the new Act.