Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the comments submitted on 30 August 2013 by the International Trade Union Confederation (ITUC), which refer to legislative issues already being raised by the Committee as well as numerous allegations of acts of violence, detentions and dismissals of striking workers. The Committee requests the Government to provide its observations thereon. It also notes that the Government reiterates its commitment to referring any infringements or allegations with respect to the use of violence against strikers to a tripartite committee for examination, verification of their veracity and adoption of measures in this regard. The Committee trusts that the Government will soon submit all relevant ITUC allegations to the tripartite committee and, if necessary, to the labour inspectorate for investigation purposes, and will provide information on the outcome.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

Furthermore, the Committee takes due note of the debate which took place within the Conference Committee in June 2013 and the ensuing conclusions.

The Committee notes that the Constitution of the Arab Republic of Egypt, which had been adopted on 26 December 2012, was suspended, and that the Constitutional Declaration adopted on 6 July 2013 guarantees freedom of association, freedom of assembly and freedom of expression in its articles 8 and 10.

The Committee notes that the Government states in its reports that: (i) since the establishment of independent trade unions was recently authorized, workers are free to join or withdraw from general trade unions or independent trade unions without any coercion or intervention; (ii) in Egypt, there are currently five general workers’ federations, nine professional workers’ federations, 16 regional workers’ federations, 56 general workers’ trade unions and 1,228 subsidiary trade union committees working under the umbrella of such federations; (iii) all such federations carry out their union activities in total freedom, as illustrated for instance by the issuance of the “Declaration on Freedom of Association” in March 2011 and their participation in the 2011, 2012 and 2013 International Labour Conferences and the conferences organized by the Arab Labour Organization (ALO) from 2011 to 2013; and (iv) independent trade unions also participated in the 2013 session of the Labour and Social Affairs Committee at the African Union as well as several workshops and symposia held by the ILO and the ALO.

With respect to the draft freedom of association law, the Committee notes from the Government’s reports that: (i) following a series of dialogue and communication sessions with various bodies and partners, the outcomes were formulated during two societal meetings organized on 4 and 9 April 2013, attended by the Ministry of Manpower and Migration, Ministry of Justice, the Shoura Council, other Government bodies, employers’ organizations, the Federation of Independent Trade Unions, the Egyptian Trade Union Federation, civil society organizations and ILO experts from Geneva and Cairo; (ii) the majority of participants decided on the repeal of the Trade Union Act; the promulgation of a new law based on the draft law which had been previously introduced and discussed in the Manpower Committee in the dissolved People’s Assembly which took into account the Committee’s comments; and the continuation of the societal dialogue sessions through a committee set up with ILO participation to discuss each section of the draft law; (iii) to date, ten sessions have been held and the preparation of the draft law was finalized; (iv) on 29 May 2013, the Council of Ministers accepted to refer the draft law on the organization of trade unions to the Shoura Council; and (v) the trade union session ending on 27 May 2013 was extended for one year or until promulgation of the law whichever is earlier so as to provide for greater opportunity for the preparation of the new law.

The Committee notes the Government’s statement in its latest report that the process referred to above was brought to a halt as a result of the Revolution of 30 June 2013 and the subsequent developments. It also takes note of the Government’s indication that the new Minister of Manpower and Migration has been overseeing a comprehensive review process with several social dialogue sessions to ensure conformity with ratified ILO Conventions, which has led to a new formulation of the draft. In this regard, the Committee notes with interest that the final draft law on trade union organizations and protection of the right to organize, as repeatedly requested by the Committee in its previous comments, abandons the former single trade union system and recognizes trade union pluralism, thus giving clear legislative protection to the numerous newly formed independent trade unions. The Committee notes that the new draft law is being discussed by the Council of Ministers and is expected to be finalized soon, and that the final text will be submitted to the President of Egypt for promulgation, as he is currently vested with the legislative authority. Recalling that for several years it has been commenting on the discrepancies between the existing national legislation and the Convention (elaborated upon in detail in its direct request), the Committee firmly expects that the draft law will be adopted in the very near future and will ensure full respect for freedom of association rights. The Committee encourages the Government to continue to avail itself of the technical assistance of the Office in respect of all the matters raised in this regard. It requests the Government to transmit a copy of the law once promulgated.

Recalling its previous comments concerning the Law Decree No. 34 adopted on 12 April 2011 by the President of the Supreme Council of Armed Forces which provides for sanctions, including imprisonment, against any person who “during the prevalence of the state of emergency, makes a stand or undertakes an activity that results in the hindering, prevention or obstruction of a State’s institution or a public authority or a public or private enterprise from performing its work” or who “incites, invites or promotes [such activity]”, the Committee understands that the state of emergency enacted in August 2013 has been lifted on 14 November 2013, and that since this Decree states clearly that it applies only during the prevalence of the state of emergency, it is currently not applicable. The Committee requests the Government to refrain in the future from unduly impeding the lawful exercise of trade union rights in practice.

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