Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Articles 1 and 2 of the Convention. Legislative protection against discrimination and national policy. The Committee refers to its previous comments in which it continued its dialogue with the Government regarding certain gaps in the legislative protection against discrimination with respect to certain aspects of employment and categories of workers, in particular domestic workers. The Committee notes that the Government affirms that the provisions of the Constitution and the Labour Code of 2003 apply the Convention and that sections 35, 88 and 120 of the Labour Code provide for a general prohibition of direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention. The Government further states that no complaints have been received from workers with respect to discrimination nor have there been any judicial decisions.

2. The Committee draws the attention of the Government to the fact that while the abovementioned provisions of the Labour Code may, when read together, cover all the grounds of discrimination set out in the Convention, they do not appear to protect against direct and indirect discrimination in all areas of employment and occupation, including access to employment and all terms and conditions of employment. Without any further information on the application in practice of these provisions, the Committee considers that the national legislative framework may be insufficient to provide for adequate protection against discrimination in all aspects of employment and occupation, and particularly against discriminatory recruitment practices on the part of the employer. The Committee also recalls that the absence of complaints regarding violations of the provisions of the Labour Code does not necessarily indicate an absence of discrimination, but often results from the absence of an appropriate legal framework to bring discrimination claims, a lack of awareness and understanding among workers as well as law enforcers of the right to equal remuneration for men and women, and an absence of accessible dispute resolution procedures. The Committee therefore asks the Government to:

–           undertake an assessment of whether the legislative framework provides, in law and practice, sufficient protection against discrimination in all aspects of employment. Such an assessment should give due consideration to the possibility of amending the Labour Code of 2003 so as to introduce a general prohibition of discrimination which would explicitly prohibit discrimination in all aspects of employment and occupation, including discriminatory recruitment practices and discrimination in respect of all terms and conditions of employment, covering all the grounds set out in the Convention; and

–           provide information on the measures taken or envisaged regarding the following: to provide training to law enforcers, including labour inspectors, so that they are better able to identify and deal with cases of discrimination in the workplace; to raise awareness among workers and employers of the rights under the Convention; and to ensure that complaints mechanisms are accessible to all. Please also continue to provide information on any cases dealt with by the labour inspectorate or the courts concerning compliance with the national legislation on discrimination.

3. Scope of application. Domestic workers. The Committee notes the Government’s statement that in view of the nature of their work and due to the private sphere of life, it is difficult to monitor the application of the provisions of the Labour Code with respect to domestic workers. According to the Government, domestic workers are protected through the Civil and Penal Codes and through the Constitution. The Committee recalls its concern regarding the particular vulnerability of these workers to discrimination due to the character of their employment, and thus the need for effective and accessible complaints mechanisms and procedures for redress. Noting the Government’s statement that the bodies responsible for women’s affairs shall carry out an assessment of whether the national legislative framework provides sufficient protection against discrimination and abuse of domestic workers, the Committee trusts that the Government’s report will include information on the results of this assessment.

4. Discrimination on the basis of sex. Sexual harassment. With reference to its previous comments on the practical application of the criminal provisions covering acts such as sexual harassment, the Committee notes that the Government once more merely repeats the relevant legislative provisions of the Penal Code. The Committee asks the Government to include in its next report information on any convictions concerning sexual harassment in the context of work or employment on the basis of sections 267 and 268 of the Penal Code. The Committee also trusts that the Government’s next report will contain full particulars on any measures taken or envisaged to address sexual harassment as part of its national policy on equality, for instance through awareness-raising activities and collaboration with workers’ and employers’ organizations.

5. Discrimination on the basis of religion. The Committee recalls that articles 40 and 46 of the Constitution stipulate that there shall be no discrimination on the basis of religion or creed and that the State shall guarantee freedom of belief and freedom of practising religious rights, and that the Labour Code protects against discrimination on the basis of religion or creed. The Committee notes that in a judgment of 16 December 2006, the Egyptian Administrative High Court made a clear distinction between the so-called “recognized religions” – Islam, Christianity and Judaism – and other religious beliefs, in ruling that only the three recognized religions could be mentioned on official documents. The ruling as such determined that unrecognized religious minorities, including the Baha’i, could not explicitly state their religion on identity papers. The Committee understands that in Egypt, carrying identity papers at all times is required by law and essential for access to employment and education. The High Court’s decision may therefore have a discriminatory impact on the right of persons belonging to unrecognized religious minorities to access education, employment and particular occupations, which would be contrary to the Convention. The Committee asks the Government to provide information on the practical impact of the High Court’s ruling of 16 December 2006 on the employment of so-called unrecognized religious minorities, including on the number of persons belonging to “unrecognized religious minorities” that have been denied access to education and employment as a result of the High Court’s ruling, as well as information on the Government’s policy regarding recognized and unrecognized religions. The Committee hopes that the Government will take the necessary steps to ensure that there is no discrimination in employment and occupation on the basis of religion, and asks the Government to keep the Committee apprised of the progress made in this regard.

6. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the statistics in the Government’s report that women’s participation in the labour force remains extremely low (23.3 per cent), and that currently there are 30 women working as judges. The Committee further notes the information in the Government’s report concerning the mandate and activities of the National Council of Women (NCW), such as a project on integrating gender in development planning, developing institutional capacity, follow-up and evaluation, a training guide on gender, development and planning, and legal assistance to women through the Centre for Women’s Complaints. Considering the slow progress made in improving women’s participation in the labour force, the Committee questions whether these measures are effective in achieving substantial equality of opportunity and treatment between men and women in employment and occupation. The Committee asks the Government to increase its efforts to increase women’s participation, including Bedouin women, in the broadest possible range of economic activities, including non-traditional occupations, and vocational training programmes. The Committee also asks the Government to indicate the specific impact of the activities of the NCW on women’s employment, and in particular how they have addressed stereotypical attitudes on the role and responsibilities of men and women in the labour market and social factors constituting obstacles to women’s entry into the formal labour market. Please also indicate in which cases female judges can issue verdicts, and continue to provide statistical data on the distribution of men and women in the various economic sectors and occupations.

7. Access to the civil service. In the absence of any concrete information on this point, the Committee reiterates its request to the Government to provide information on any measures taken or envisaged to promote and ensure, in law and in practice, equality of opportunity and treatment, particularly between men and women, in the civil service.

8. Article 5. Prohibition of women performing certain occupations. The Committee refers to its previous comments regarding Order No. 183 and Order No. 155 of 2003 containing certain employment restrictions for women. The Committee notes the Government’s statement that Orders Nos 155 and 183 already cancel a number of employment restrictions for women contained in the previous Labour Code and subsequent regulations. The Government also states that the Orders were adopted in consultation with the workers’ and employers’ organizations. The Committee recalls that special protective measures for women which are based on stereotyped perceptions of their capacity and role in society may give rise to violations of the principle of equality of opportunity and treatment. The Committee asks the Government to keep it informed of any review undertaken of the list of work prohibited to women in Order No. 155 of 2003 and hopes that in revising the Order, it will be ensured that protective measures will be limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed.