Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Egypt (Ratification: 1957)

The Committee takes note of Act No. 95 of 1980 on the protection of values. It notes in particular that trade union organisations are among the organisations or institutions responsible for protecting and upholding the fundamental values of the nation embodied in the principles laid down in the Constitution and the legislation safeguarding the rights and religious values of the people, the basic political, economic, social and moral principles, the authentic nature of the Egyptian family with all its values and traditions, national unity and social peace. To this end, any individual recognised as being guilty of failing to respect these fundamental values shall be banned, notwithstanding any penal or administrative sentence, for a period ranging from six months to five years, from standing for election or being appointed to the chairmanship or membership of management committees of trade union organisations or federations (sections 1, 2 and 4(2) of Act No. 95 of 1980).

The Committee draws the Government's attention to the fact that, when a person is banned by law from holding trade union office due to a conviction on account of activities, the nature of which is not such as to call into question the integrity of the person concerned and does not affect the exercise of trade union functions, the right of trade union organisations to elect their representatives in full freedom in accordance with Article 3 of the Convention is not respected (see paragraphs 161-164 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee would be grateful if the Government would point out which provisions of the national legislation and what types of behaviour are affected by the above-mentioned sections of Act No. 95 of 1980 and provide information on the practical effect given to these provisions. The Government is requested, in particular, to provide the text of any sentence handed down by virtue of Act No. 95 of 1980.