Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 29 August 2009, which refer to matters already raised by the Committee, as well as the violent repression by the police of a demonstration by workers on 6 and 7 April 2008, resulting in the death of six workers and the detention of 500 people, including three trade unionists who were held in detention for 54 days. In this respect, the Committee recalls that, when disorders have occurred involving loss of human life or serious injury, the setting up of an independent judicial enquiry is a particularly appropriate method of fully ascertaining the facts, determining responsibilities, punishing those responsible and preventing the repetition of such actions, and that the arrest and detention, even for short periods, of trade union leaders and members engaged in their legitimate trade union activities, without any charges being brought and without a warrant, constitute a grave violation of the principles of freedom of association (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 29 and 31). The Committee requests the Government to provide its observations in this respect.

The Committee notes the discussion during the Conference Committee on the Application of Standards in June 2008 on the application of the Convention. In particular, the Committee notes the Government’s indications during that meeting, in relation to the ITUC’s comments made in 2007, that: (1) trade union elections were conducted in conformity with the rules adopted by the trade unions at their general assemblies; (2) all candidatures were registered, under legal supervision, in the framework of this election cycle, and over 18,000 persons were elected to the workers’ representative bodies in the enterprises and undertakings of the country; (3) 23 new trade unions were established; (4) the Central Council of the Confederation of Trade Unions also held elections and re-elected 70 per cent of its executive committees; and (5) a process of such a large scale as this, which mobilized over 4 million workers, gave rise to rivalry and incidents which required the intervention of the security forces, although such intervention could not be seen as Government intervention in trade union affairs. The Committee also notes the Government’s indication that its comments on the application of the Convention would be submitted to the Labour Advisory Council with a view to taking the necessary measures to review the Labour Code and the Trade Union Act and bringing them into conformity with the Convention. The Committee notes that the Conference Committee invited the Government to accept an ILO technical assistance mission and welcomed the Government’s readiness in this regard.

The Committee notes that the technical assistance mission requested by the Conference Committee on the Application of Standards visited Egypt on
20–23 April 2009.

The Committee recalls that for several years its comments have been referring to the discrepancies between the Convention and the national legislation, namely the Trade Union Act No. 35 of 1976, as amended by Act No. 12 of 1995, and the Labour Code No. 12 of 2003, with regard to the following points:

–           the institutionalization of a single trade union system under Act No. 35 of 1976 (as amended by Act No. 12 of 1995), and in particular sections 7, 13, 14, 17 and 52;

–           the control granted by law to higher level trade union organizations, and particularly the Confederation of Trade Unions, over the nomination and election procedures to the executive committees of trade unions, under the terms of sections 41, 42, and 43 of Act No. 35 (as amended by Act No. 12);

–           the control exercised by the Confederation of Trade Unions over the financial management of trade unions, by virtue of sections 62 and 65 of Act No. 35 (as amended by Act No. 12);

–           the removal from office of the executive committee of a trade union which has provoked work stoppages or absenteeism in a public service or community services (section 70(2)(b) of Act No. 35 of 1976);

–           the requirement of the prior approval of the Confederation of Trade Unions for the organization of strike action, under section 14(i) of the same Act;

–           restrictions on the right to strike and recourse to compulsory arbitration in services which are not essential in the strict sense of the term (sections 179, 187, 193 and 194 of the Labour Code); and

–           penalties for breaches of section 194 of the Labour Code (section 69(9) of the Code).

In this respect, the Committee notes the Government’s indication that, following the technical assistance mission referred to above, the Government and the social partners signed a memorandum of understanding through which they undertook to participate in a tripartite seminar to be organized by the ILO subregional office to analyse the issues raised concerning the application of the Convention, and to study the comparative experience of other countries and make proposals for the measures to be adopted so as to give effect to the Committee’s comments. The Committee considers that the holding of this seminar will be an important first step in addressing this longstanding matter. The Committee expresses the hope that the seminar referred to above will be held in the near future and will take up all the matters raised in its comments. The Committee further hopes that, following this activity, the necessary measures will be taken to bring the legislation into conformity with the Convention. The Committee requests the Government to provide information in its next report on any measures adopted in this respect.