Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Egypte (Ratification: 1958)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(c) of the Convention. Sanctions involving compulsory labour as a means of labour discipline. Seafarers. In its earlier comments, the Committee referred to sections 13(5) and 14 of the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, according to which penalties of imprisonment (involving compulsory labour) may be imposed on seafarers who together commit repeated acts of insubordination. The Committee recalled in this connection that Article 1(c) prohibits the exaction of compulsory labour as a means of labour discipline. It observed that, in order to be compatible with the Convention, punishment should be linked to acts that endanger or are likely to endanger the safety of the vessel or the life or health of persons. The Committee previously noted the Government’s indication that the above Act was being amended.

The Committee notes once again the Government’s indication that it has submitted the Committee’s request to the relevant authorities for further examination, and will inform on the progress made in this regard. The Committee reiterates its hope that the necessary measures will be taken to revise the Maintenance of Security, Order and Discipline (Merchant Navy) Act, 1960, in order to bring sections 13(5) and 14 into conformity with the Convention. The Committee requests the Government to supply a copy of the amended text, as soon as it is adopted.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for participation in strikes. For many years, the Committee has been referring to sections 124, 124A and B, and 374 of the Penal Code, under which strikes by any public employee may be punished with imprisonment for up to one year (with the possibility of doubling the term of imprisonment), which may involve compulsory labour pursuant to section 20 of the Penal Code. The Committee requested the Government to take the necessary measures to repeal or amend the above provisions of the Penal Code.

The Committee notes the Government’s indication in its report that following its ratification of the International Covenant on Economic, Social and Cultural Rights in 1981, it has committed to respect the right to strike. The Government also states that while the penalty of hard labour (Act No. 169 of November 1981) has been abolished, prisoners have to perform work according to Law No. 396 of 1956 on Prison Regulations as well as section 20 of the Penal Code. Such work aims at rehabilitating prisoners and providing them with the appropriate training and skills. The Committee notes the comprehensive explanations provided by the Government regarding the working conditions of prisoners. However, the Committee points out that under sections 124, 124A and B, and 374 of the Penal Code, strikes by any public employee may be punished with imprisonment for up to one year (with the possibility of doubling the term of imprisonment), which may involve compulsory labour pursuant to section 20 of the Penal Code. The Committee further recalls that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons participating peacefully in a strike. Therefore, the Committee urges the Government to take the necessary measures to repeal or amend the above provisions of the Penal Code, so that no sanctions involving compulsory prison labour can be imposed for the mere fact of persons peacefully participating in strikes. Pending the adoption of such measures, the Committee requests the Government to provide copies of court decisions passed under the abovementioned sections of the Penal Code in order to assess their application in practice.

Communication of texts. The Committee requests the Government to indicate whether Proclamation No. 14 of 19 December 1956 on the organization of preventive detention camps and the laws concerning the enforcement of arbitration sentences have been repealed, and to provide a copy of the Political Party Law (Act No. 12/2011).