Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 29) sur le travail forcé, 1930 - Egypte (Ratification: 1955)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to section 1 of Act No. 76 of 1973, as amended by Act No. 98 of 1975, concerning general (civic) service, according to which young persons (male and female) who have completed their studies, and who are surplus to the requirements of the armed forces, may be directed to work in the development of rural and urban societies, agricultural and consumers’ cooperative associations, and work in production units of factories. The Committee considered that these provisions were incompatible both with the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), which provide for the abolition of any form of compulsory labour as a means of mobilizing and using labour for purposes of economic development. In this regard, the Government indicated that the draft amendments to Act No. 76 of 1973 were under examination by the legislative committee within the Ministry of Labour in order to be submitted without delay to the Parliament.

The Committee notes the Government’s information in its report that the draft amendments, which are in line with both the Conventions on forced labour are in the process of being finalized. The Government indicates that the amendments ensure that the participation of young persons in the civic service are done on a voluntary basis and that their rights are fully protected. In this regard, the Committee notes the Government’s information that according to the draft amendments, section 1 of the General (Civic) service states that the performance of civic service, which extends to one year, is a transitional stage between graduation and commencing employment. Male and female recruits are commissioned to perform civic service, specifying the priority areas of work, while the local committees identify the appropriate areas of work for their recruits according to each governorate’s needs. The recruits are liable to undergo training in specific programmes. In assigning civic service to young people, their preferences, proximity of the service unit, their specialization and qualifications are taken into consideration so that they perform their service in decent jobs. These recruits enjoy the same rights as government employees in respect of leave, work-related injuries and health care. After completion, the recruits are issued a certificate of performance which shall be added to their period of civil service. The Committee also notes the Government’s indication that no sanctions are imposed on recruits who have not performed their civic service. It further notes the Government’s information concerning the grounds for granting exemptions from civic services.

The Committee observes that the draft amendments to Act No. 76 of 1973, appear to establish the compulsory call-up to perform work of a non-military character, which falls within the scope of this Convention and hence should be prohibited. The Committee once again recalls that, as regards national service obligations imposed outside emergency situations, only compulsory military service is excluded from the scope of the Convention, subject to the condition that it is used “for work of a purely military character” (Article 2(2)(a)), this condition being aimed specifically at preventing the call-up of conscripts for public works or development purposes. In order to avoid any ambiguity in the interpretation and to bring the legislation into line with the Convention, the principle that such non-military tasks are restricted to emergencies or performed exclusively by volunteers should be clearly reflected in the legislation (see General Survey on the fundamental Conventions, 2012, paragraph 288). The Committee therefore urges the Government to take the necessary measures to ensure that Act No. 76 of 1973 is amended in such a way as to ensure that no young persons are obliged to perform civic service, except on a voluntary basis, in accordance with both Convention Nos 29 and 105. Noting the absence of information, the Committee once again requests the Government to provide information on the application of the above legislation in practice, including information on the number of persons who have performed such service on an annual basis, the number of persons who have applied for exemption from such service, the number of those whose applications have been refused and the reasons for such refusal.

The Committee is raising other matters in a request addressed directly to the Government.