Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) dated 4 August 2011, which refer to a number of matters which are already examined by the Committee, as well as allegations concerning numerous cases of violence against workers and trade union members involved in strikes, and to the repeated and often violent interventions of the Egyptian security forces to disperse labour protests. The Committee notes the Government’s reply on these matters and requests it to submit these allegations to a tripartite committee for their examination and provide information in this respect.

The Committee recalls that for several years it has been commenting upon the discrepancies between the Convention and the national legislation, namely Trade Union Act No. 35 of 1976, as amended by Act No. 12 of 1995, and 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).

The Committee notes with interest the Government’s indication that a new bill on trade union freedoms has been drafted by a committee responsible for the review of the provisions of the Labour Code No. 12 of 2003 and the Trade Unions Act No. 35 of 1976 pursuant to Order No. 60 of 2011 so as to reconcile national legislation with international labour Conventions ratified by Egypt, including this Convention. The Government indicates that it has informed this committee of the comments made by the Committee with regard to legislative amendments required so as to bring national legislation into conformity with the provisions of the Convention. The Government also indicates that the new bill was sent to representative organizations of employers and workers so as to solicit their views before its promulgation. In its latest report, the Government informs that the draft freedom of association law was passed by the Egyptian Cabinet on 2 November 2011 and is with the Supreme Council of Armed Forces for approval. The Committee expresses the hope that the draft law will be adopted in the very near future and will be fully in conformity with the Convention. While noting that the draft freedom of association law will annul any contrary provision in other legislation, the Committee further expects the Government to introduce amendments to the Labour Code No. 12 of 2003 taking full account of its outstanding comments and so as to bring the Code into alignment with the freedom of association law. The Committee requests the Government to provide information in its next report on the progress made in this regard and to supply the new freedom of association law as adopted and any consequential amendments proposed or adopted to the Labour Code.

The Committee further notes with interest the indications in the Government’s report that the Constitutional Declaration of March 2011, which has repealed the 1971 Constitution, will be in force until the promulgation of a new Constitution. The Committee observes that article 4 of the Constitutional Declaration provides that “citizens have the right to form associations, unions, syndicates, and parties, according to the law …” and article 16 provides for the right to assembly, including that “public meetings, processions and gatherings are permitted within the confines of the law”.

The Committee further takes note of the Decree of Law No. 34 (2011) adopted on 12 April 2011 by the President of the Supreme Council of Armed Forces which provides for sanctions, including of imprisonment, against any person who “during the prevalence of the state of emergency, makes a stand or undertakes an activity that results in the prevention of, obstruction, or hindering a State’s institution or a public authority or a public or private working organization from performing its work” or who “incites, invites or promotes [such activity]”. The Committee observes with concern that this Decree could effectively amount to a general prohibition of strikes if enforced against workers protesting for the defence of their labour rights and interests. While it is conceivable that the exercise of some civil liberties, such as the right to public assembly or the right to hold street demonstrations might be limited, suspended and even prohibited when a state of emergency is invoked, the Committee recalls that the freedom of association Conventions contain no provisions allowing the invocation of a state of emergency to justify exemption from the obligations arising under the Conventions or any suspension of their application. Such a pretext cannot be used to justify restrictions on the civil liberties that are essential to the proper exercise of trade union rights except in circumstances of extreme gravity and on condition that any measures affecting the application of the Conventions are limited in scope and duration to what is strictly necessary to deal with the situation in question (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 41). While noting that the Government indicates that the recent legislation establishes that the right to strike will be gradually acquired, taking into account that the exercise of this right will not harm the employer’s interest or the public interest, the Committee requests the Government to indicate in its next report whether the Decree of Law No. 34 (2011) adopted on 12 April 2011 by the President of the Supreme Council of Armed Forces is applicable to strikes carried out by workers, to provide detailed information on its use and to indicate the measures taken or envisaged to abrogate this Decree or limit its scope and duration.

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