Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Egypte (Ratification: 1960)

Autre commentaire sur C111

Observation

Demande directe

Afficher en : Francais - EspagnolTout voir

Article 1 of the Convention. Protection against discrimination. Legislation. Private sector. With respect to the absence of comprehensive anti-discrimination provisions in the Labour Law No. 12 of 2003, the Committee observes that: (1) there is no definition and no explicit prohibition of discrimination; (2) sections 35 (discrimination in wages), and 120 (employment termination) of the Labour Law, while providing some protection against discrimination, do not cover all discrimination grounds enumerated by the Convention and do not apply to access to employment and all terms and conditions of work, and do not appear to address indirect discrimination; and (3) section 4(b) of the Labour Law explicitly excludes domestic workers from its scope of application. The Committee notes that, in its report, the Government merely refers to the same provisions of the Labour Law and the Constitution of 2014. In this regard, the Committee observes once again that: (1) article 53 of the Constitution provides that all citizens are equal before the law, without discrimination based on religion, belief, sex, origin, race, colour, language, disability, social class, political or geographical affiliation, or for any other reason; (2) the text of the Constitution excludes non-citizens from its application, while the Convention covers both nationals and non-nationals; and (3) the provisions of the Constitution do not appear to be directly invoked in civil proceedings by employees in the private sector. In this regard, the Committee highlights that constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation, and that a more detailed legislative framework is required (see 2012 General Survey on the fundamental Conventions, paragraph 851). The Committee further takes note of the draft Law on the Regulation of Domestic Workers’ Employment of 2022, drafted with the technical assistance of the ILO, and welcomes the inclusion in section 4 of the prohibition of discrimination on the grounds of “religion, creed, gender, race, ethnicity, colour, language or asylum status or for any other reason resulting in a breach of the equal opportunity principle”.

Public service. In the absence of relevant information in the Government’s report and in the absence of explicit anti-discrimination provisions in Act No. 47 of 1978 on the Civil Service, the Committee recalls the obligation of ratifying States to ensure and promote the application of the principles of the Convention to all workers, including public servants (see 2012 General Survey on the fundamental Conventions, paragraphs 741 and 742). The Committee notes the information provided by the ILO Decent Work Technical Support Team for North Africa and Country Office for Egypt and Eritrea (DWT/CO–Cairo) that the draft new Labour Law was approved by the Upper House and will be submitted to the Lower House.

Consequently, the Committee urges the Government to take the necessary steps to ensure that the revised Labour Law will include provisions: (i) clearly prohibiting and defining direct and indirect discrimination based on at least the seven grounds listed in the Convention (namely, race, colour, sex, religion, political opinion, social origin and national extraction); (ii) covering all stages of employment, including recruitment, promotion and terms and conditions of employment; and (iii) specifying preventive measures and remedies available for victims and sanctions for authors of discrimination. The Committee also asks the Government to take steps to include such provisions in the Civil Service Law (Act No. 47 of 1978). Furthermore, the Committee urges the Government to take the necessary measures to expedite the process of adoption of the Law on domestic workers to ensure their protection against discriminatory practices, in accordance with the Convention.

Article 1(1)(a). Discrimination on the basis of sex. Sexual harassment. The Committee recalls the absence in the Labour Law as well as in the Civil Service Law (Act No. 47 of 1978)of provisions protecting workers against sexual harassment and the importance of clearly defining and prohibiting sexual harassment in employment and occupation. It further recalls that, while the provisions of the Penal Code (Act No. 58/1937), as amended by Act No. 50/2014 (sections 306A bis and 306B bis) address certain forms of sexual harassment, they still define sexual harassment too narrowly and do not cover the full range of behaviours that may constitute sexual harassment in employment and occupation. The Committee recalls that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. Noting that the Government’s report is silent on this issue, the Committee notes with regret the absence of progress in developing an appropriate framework defining, prohibiting and addressing all forms of sexual harassment specifically in employment and occupation, and refers the Government to paragraphs 789 and 792 of its 2012 General Survey on the fundamental Conventions for more details on sexual harassment. The Committee wishes to recall that in its general observation of 2002, it highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) any conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). The Committee further notes that, according to the information provided by the DWT/CO–Cairo, the draft Labour Law contains provisions on sexual harassment. In light of the above, the Committee urges the Government to take the opportunity of the revision of the Labour Law to ensure that it includes a clear definition and prohibition of all forms of sexual harassment and establishes mechanisms for prevention and redress, including appropriate sanctions and compensation. It also asks the Government to take steps to include such provisions in the Civil Service Law (Act No. 47 of 1978). Finally, the Committee asks the Government to provide information on any awareness-raising measures taken, in cooperation with the social partners, with a view to preventing and eliminating sexual harassment in employment and occupation both in the public and private sectors.

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