Individual Case (CAS) - Discussion: 2013, Publication: 102nd ILC session (2013)

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

The Government provided the following written information.

With reference to the issuance of the Declaration on Freedom of Association following the 25 January Revolution in 2011, the Government states that it is committed to ensuring conformity with international labour standards relating to freedom of association. To this end, efforts have been made and numerous measures have been taken to deal with the issues raised in the area of freedom of association. In particular, the Government wishes to highlight the following. Egypt hosted in Cairo, in collaboration with the ILO, the workshop on the “Perspectives of Freedom of Association” on 9 April 2013 and numerous societal dialogue sessions, which resulted in a broad agreement to establish a national committee entrusted with the comprehensive review of all relevant labour legislation. The Ministry of Manpower and Immigration extended an invitation to all relevant stakeholders to be part of this national committee, including representatives of workers, independent unions, the Egyptian Trade Union Federation (ETUF), employers, relevant government entities, the Ministry of Justice, the Shura Council and civil society organizations. The national committee held ten sessions and issued a final recommendation to repeal Trade Union Act No. 35 of 1976 and replace it with the draft law that had previously been prepared and discussed during the last session of the dissolved Parliament, as amended, to take into consideration the comments of the ILO Committee of Experts as well as other relevant international labour Conventions ratified by Egypt. After the national committee discussed and reviewed each section of the new draft law, the latter was submitted to the Council of Ministers, which approved it on 29 May 2013. The draft law was then submitted to the Shura Council, currently in charge of legislation, for discussion and approval. The current trade union session that was supposed to end by 27 May 2013 was extended for one year or until the promulgation of the new law by the Shura Council, whichever is earlier. This action was taken to avoid having a gap and allow for a comprehensive discussion of the new law on freedom of association. The representatives of the newly formed independent unions have been able to freely participate in various international activities, meetings and conferences, including in the International Labour Conference in 2011, 2012 and in the current 102nd Session of the ILC.

In addition, before the committee a Government representative expressed his Government’s astonishment at the Committee of Experts’ observation on the absence of legislation on trade unions ensuring their independence and freedom in Egypt while the new Constitution provided for such guarantees in its article 53. Furthermore, the authorities could not dissolve unions, federations and cooperatives, or dissolve their executive boards unless it was by virtue of a court order.

Turning to the challenges in implementing the Convention, he emphasized the need to have a clear understanding of the general social and political context in Egypt if comprehensive and balanced conclusions were to be reached. Egypt had witnessed a revolution on 25 January 2011 against a regime which for many years had flouted the rights of Egyptians, including workers. While the phase of political transition provided a valuable opportunity for society, it also posed important challenges. The most important was the absence of elected legislative institutions for consecutive periods in addition to their dissolution by virtue of judicial decisions issued by the Constitutional Court. Consequently Egypt had been delayed in completing the comprehensive review of all its legislation in order to bring it into conformity with the new Constitution.

In addition to the written information by the Government on some of the measures taken to ensure the observance of the Convention, including the new draft law on freedom of association, he indicated that the Government had regularly informed the ILO of the developments in the process so as to benefit from its technical expertise. Although the Manpower and Migration Committee at Parliament, had finished the discussion of the draft law, a court order had dissolved Parliament, which had delayed promulgation of the law. However, the delay did not mean that there was no freedom of association and trade union pluralism in Egypt. By virtue of the Declaration on Freedom of Association issued in March 2011, there were 13 independent general federations and 1,228 branch trade union committees which worked in all freedom and independence without any interference from the State. The Committee of Experts had also expressed its satisfaction with respect to some measures taken by Egypt on Convention No. 87, and had emphasized the role of technical assistance in that regard.

With respect to the impact of the delay in the promulgation of the draft law on freedom of association, he drew the attention of the Committee to the fact that the Egyptian delegation participating in the present Conference was composed of six independent general federations, which was a new development in the history of Egyptian trade union participation in international conferences. Reflecting on the aim of freedom of association, he considered that if the aim was to guarantee such freedom, Egypt’s new Constitution provided more guarantees than any other law. If the aim was to regulate trade union work, this had already been discussed with the participation of all parties, as well as the ILO. It had also been approved by the Council of Ministers, and was currently before the Shura Council. If the aim was to verify practice, the speaker invited the Conference Committee to address the six federations present at the Conference. Egypt had exerted unrelenting efforts to meet its legal obligations under international labour Conventions including Convention No. 87. His country had therefore expected a vote of confidence and encouragement from the ILO so as to continue on the right track and he expressed his Government’s deep disappointment at the inclusion of Egypt in the list of individual cases. This could only be due to a lack of accurate information and an erroneous appreciation in the examination of the case of Egypt, and he referred the Conference Committee members to the written information provided by his Government which included information that was absent in the Committee of Experts’ report.

He reiterated his Government’s request to reform the work of the Conference Committee to guarantee transparency, objectivity, a geographical balance on the annual list of cases, and to avoid it being turned into a means of retribution against countries which had a sincere will to move ahead on the path of reform for the sake of protecting and promoting workers’ rights. In light of the above, he called upon the Conference Committee to consider removing Egypt from the list of individual cases and to consider it in future as a case of progress.

The Employer members noted that this case had last been discussed in 2010 and it was necessary to take into account the context of the country. The new Parliament was yet to be elected and the election was scheduled for later in 2013. He recalled that this case was initiated by observations of the International Trade Union Confederation (ITUC), rather than a national trade union, and related to: (i) the predominance of the Egyptian Trade Union Federation (ETUF); (ii) the imprisonment of Kamal Abbas, a representative of the Centre for Trade Union and Worker Services; and (iii) provisions of Trade Union Act No. 35 of 1976 and the Labour Code concerning the single integrated trade union system, controls over subsidiary unions, and restrictions to the exercise of the right to strike and recourse to compulsory arbitration.

The Employer members noted that the Government had taken several steps including the drafting of a new comprehensive Labour Code for consideration by Parliament to be elected, and that this law addressed the issues raised by the ITUC. Even without the passage of the draft Code, unions, including unions not affiliated to the ETUF, had begun to proliferate in the country and the Employer members therefore tend to agree that the Government was not exercising control over unions. With respect to restrictions on trade union rights in the existing legislation, which was the subject of this case, the Employer members considered that these did not appear to be operating in practice. The recent proliferation of unions had generated considerable confusion and many unions, especially the new ones, did not understand their obligations; strikes, which were unlawful in many jurisdictions, were apparently common practice. This did not enhance harmonious workplaces and undermined the stability of a properly functioning labour relations environment. The interim Government should ensure that such activities were addressed quickly, effectively and specifically by national laws and regulations. The Employer members reiterated the view that guidance on the right to strike could not be drawn from Convention No. 87. With respect to the alleged unjustified treatment of union officials, they noted that the case of Mr Abbas had been taken by the ETUF itself, and considered that his release by the court showed that justice prevailed. With respect to the delays in the enactment of the draft Code, the Employer members considered that the argument that it had to wait for the election of the new Parliament might be seen as excuses for inaction. They therefore urged the interim Government to at least examine the draft Code on its full compliance with international treaty obligations. The interim Government should also strengthen its efforts towards early implementation of laws which complied with and gave practical effect to the Convention.

Lastly, the Employer members reiterated the view that this case seemed to have been taken out of context. The current practice of unions demonstrated little or no restrictions on freedom of association and might affect overall law and order, which was not what the freedom of association was about. Therefore the draft Code should be processed without delay and the Employer members agreed with the Committee of Experts that draft laws should be submitted to the social partners for a better evaluation of the situation. If the new legislation reflected the text and spirit of the Convention, the Employer members would indeed be able to regard it as a case of progress.

The Worker members, taking account of the comments of the International Organisation of Employers (IOE) of 29 August 2012, the discussions of the previous week on the mandate of the Committee of Experts and the link between freedom of association and the right to strike, wished to recall that Convention No. 87 enshrined the right of workers and employers to establish and to join organizations of their own choosing without previous authorization. Workers’ and employers’ organizations organized freely and could not be dissolved or suspended by an administrative authority. Freedom of association was a human right and was the prerequisite for sound collective bargaining and social dialogue for the benefit of employers, workers and social peace. Together, the Conference Committee and the Committee on Freedom of Association contributed to resolving difficulties in the application of that fundamental right worldwide. The Worker members also wished to emphasize that they wholeheartedly supported the Committee of Experts and the legal significance of their observations. The Worker members maintained that the existence of the right to strike derived from reading Article 3 in conjunction with Article 10 of the Convention.

The Worker members recalled that, time and again, most recently in 2010, the Conference Committee had called into question Trade Union Act No. 35 of 1976 for the following reasons: the institutionalization of a single trade union system; the control over trade union organizations and over the nomination and election procedures to their executive committees; the control over their financial management; the requirement of the prior approval for the organization of any strike action; and lastly, the possibility of dismissing, without justification, workers who acted outside the existing union structure. They emphasized the extent to which the Egyptian trade union landscape had developed. While the ETUF continued to be the dominant trade union, other federations had emerged and, between 2004 and 2011, had mobilized some 1.7 million workers in collective action.

The Worker members stressed, however, that the country’s legislation had not kept pace with developments in trade unions and in society, and the ETUF seemed to have retained the benefit of the State monopoly. That was, in any case, what could be inferred from the new Constitution that had been adopted at the end of the previous year. Article 53 of the Constitution provided for the recognition of a single trade union by sector or profession. Moreover, in general, the new Constitution protected employers’ rights better than those of workers, given that the provisions concerning workers were not binding on either employers or the State. Those developments were at odds with the Government’s stated intentions, contained in its “Freedom of Association Declaration” of March 2011, to observe all ratified Conventions. Moreover, there had been a delay in adopting the new freedom of association law owing to successive political hitches. Recently, however, the process had resumed with the organization of a workshop on freedom of association in collaboration with the ILO, followed by the setting up of a national committee to review all the relevant legislation. According to the Government’s statements, the committee had already begun its work with an agreement to replace Trade Union Act No. 35 with a new legal instrument. A draft law had been prepared and amended to take account of the observations of the Committee of Experts and, once it had been approved by the Council of Ministers, it would be submitted to the Shura Council, which was in charge of legislative issues. The Worker members looked forward to a successful conclusion to that matter.

A Worker member of Egypt informed the Conference Committee that the ETUF had suffered, since the election of its new executive committee in November 2011, several instances of interference from the public authorities based on the Trade Union Act. The Government had withheld the elections of the executive committees of more than 500 trade union organizations established by the ETUF at undertakings in the past two years. Recalling that the Trade Union Act also imposed a restriction on the right of trade union organizations to formulate their basic statutes and financial regulations, the speaker further expressed his refusal of any form of Government interference and any administrative oversight over trade union organizations or the monopoly by any political party or religious faction of the trade union movement.

At present, the ETUF was exerting pressure on the Government so as to finalize the new draft law on freedom of association before sending it to the ILO in order to ensure its conformity with the Convention. Referring to Egypt’s ratification of the International Covenant on Economic, Social and Cultural Rights that recognized the right to strike, he stressed the importance of guaranteeing that right without any conditions as it was also a guarantee of the right to organize. It was not a favour bestowed by governments or employers, nor was it a crime which required punishment. Recently, Egyptian workers had proven that the right to strike was a spontaneous means of human resistance against attacks on their rights and injustice levelled against them. He called upon the social partners in Egypt to work together in order to amend the Labour Code and other relevant regulations to guarantee the right to strike and its practice without any threat as well as the right to peaceful assembly and demonstration. Recalling the Committee of Experts’ satisfaction with some of the measures taken by the Government, he requested ILO’s technical assistance with respect to promoting the capacities of trade union organizations.

The Employer member of Egypt considered that some of the criticisms directed at the Government were not fair. The Government had drawn up a new bill which had been adopted by the Council of Ministers and was in conformity with the Convention. It should be recalled that the country had been undergoing a process of transition since February 2011 and in the absence of Parliament it was not possible to proceed with legislative reforms. Even if the bill had not been promulgated, it was already being applied in spirit by the Government, as borne out by the setting up of a tripartite council and the presence of six trade union organizations in the Egyptian delegation to the present session of the Conference, which was an unprecedented situation. He added that freedoms, especially those of expression and association, naturally had to be respected, but that did not rule out the possibility of all stakeholders endeavouring to support the economy. Laws had to be observed and laws in turn needed to respect the rights of citizens.

The Employer member declared that it would have been judicious to show more patience towards Egypt, not only for the reasons set out above but also because of the difficult economic circumstances experienced by the country. Some parts of the Committee of Experts’ comments were concerned with minor issues which might be better resolved at local level. Finally, he asked that Egypt should be able to avail itself of more extensive technical cooperation programmes for the benefit of all parties.

The Government member of India expressed his Government’s appreciation at the steps taken by the Government to ensure better compliance with the Convention, despite the challenges encountered in the context of the transformation. He noted with satisfaction the ongoing deliberations on the new draft law on freedom of association, which was an outcome of a tripartite social dialogue led by the Ministry of Manpower and Migration. The conference organized by the Government in partnership with the ILO definitely indicated the positive intent of the Government to comply with the Convention. In particular, the annulment of the provisional law on protests and strikes on worksites deserved a special mention and applause. He stressed the importance of technical assistance by the International Labour Office, as well as the support and cooperation by member States to assist the country in implementing the Convention.

The Government member of Algeria noted that the Government had reaffirmed in writing its readiness to respect international labour standards as they related to freedom of association. Better still, Egypt had already taken steps so that all the parties concerned could, as members of a national committee, conduct a general review of the country’s entire labour legislation. The Government of Algeria congratulated Egypt on its inclusive approach, which would enhance the culture of collective bargaining and social dialogue. The institutional, political and social developments in the country in recent months and the changes currently under way would undoubtedly have a positive impact on freedom of association and on the protection of trade union rights. The speaker invited the Government of Egypt to take advantage of the experience of other countries throughout the world so as to be able to meet the social partners’ expectations in terms of international labour standards.

Another Worker member of Egypt said that Egyptian workers had a long tradition of humanism and that social dialogue had suffered extensively under the previous regime. They wanted to do away with the last vestiges of that regime and to recover the use of social dialogue and freedom of association. Since the revolution they had contributed to social dialogue with a view to adopting a Labour Code that protected trade union rights. The speaker was troubled by the absence of a functioning legislative body and the obstacles to the Labour Code’s adoption by Parliament. The Egyptian workers were tired of so many failed and useless attempts at social dialogue. If an effective means of resolving labour disputes had existed, the current situation characterized by constant demonstrations and strikes would never have arisen. The speaker despaired at the thought that the next legislative assembly might produce no results and that the adoption of the Code might be further postponed. He said that he had been imprisoned for three years because of his trade union activities. Trade unionism in the country operated in a climate of violence, brutality and arrests, against which the Labour Code would provide protection.

Another Worker member of Egypt stated that his Federation represented more than 3 million Egyptian agricultural workers and asked the ILO to be more accurate in recording the number of members belonging to the country’s various trade unions. He asked for a clear strategy to be adopted leading to the rapid adoption of a new Labour Code and urged all the tripartite partners to cooperate fully to that end.

The Government member of Uzbekistan commended the Government on the many measures taken to implement the Convention. Many trade unions had been set up to protect different types of workers and the presence of six trade unions in this Conference Committee showed that the Government was committed to the application of the Convention. Many bills had been drafted concerning freedom of association, and there were tripartite consultations in the process. The Government was trying to eliminate obstacles to the activities of the independent trade unions and was taking targeted measures to implement the Convention.

An observer representing the International Trade Union Confederation (ITUC), considered that the practice of social dialogue by the Government was merely a tactic, as demonstrated by the lack of consultation concerning the draft Labour Code. He referred to cases of abuse committed against trade union leaders and indicated that during the course of the year, workers demonstrating peacefully had been the subject of violent attacks, in some cases by the police, and in others, by employers; 15 workers had been arrested at Petrojet and 11 had been suspended. He said that the Trade Union Act No. 35 should be brought into line with the Convention, that the Labour Code should be adopted and that the Government should stop interfering in trade union affairs.

The Government member of Libya considered that the high number of ratifications of ILO Conventions by Egypt and the reports submitted on their application, clearly attested to its goodwill in observing these instruments, and to its efforts in reflecting the provisions of the Convention in its national legislation. Recalling that Egypt had undergone a period of change in its political system, he requested that the International Labour Office provide its technical assistance to assist the country in the preparation of the required replies to the Committee of Experts’ comments on some of the ratified Conventions.

The Worker member of Tunisia regretted that the new regime in Egypt had only changed in appearance but, in reality, continued to use the same methods of repression and harassment against the trade union movement. Faced with an unprecedented 3,817 protest actions in 2012, the Government resorted to the same abusive practices, such as dismissals, arrests, physical violence, threats and salary deductions instead of changing the economic and social policies that were at the origin of the unrest. The speaker noted that ever since the Convention had been ratified in 1957, successive labour laws failed to give full effect to the principle of freedom of association and recognized instead the Government’s prerogative to interfere in union activities and control union funding. The Trade Union Act No. 35 of 1976 was still in force while the right to strike, which was expressly recognized in the Labour Code of 2003, was rendered ineffective, especially after the adoption of Act No. 96 of 2012 on the protection of the revolution. The speaker welcomed the workshop organized on 9 April 2013 on freedom of association issues and the approval of the draft freedom of association law by the Council of Ministers on 29 May 2013, and expressed the hope that the Government would put an end to all forms of abuse against trade unions and their members.

The Worker member of Libya stated that union elections could not take place under the Trade Union Act No. 35, which allowed for Government interference in union activities and was therefore contrary to the provisions of the Convention. He questioned the Government’s goodwill and declared readiness to ensure trade union rights and observed that the situation was, in fact, worsening. There were four times more strikes and protest actions than at the time of the Mubarak regime. He asked why it had so far not been possible for unions to hold elections or adopt their own by-laws if there was a free and independent trade union movement, as the Government claimed. Moreover, it was difficult to understand the reason for extending the mandate of the Shura Council, which should have normally ended in 2010. He wondered how was it possible for the Government to organize presidential and parliamentary elections and then claim that it was not possible to organize union elections. The Government should stop patronizing trade unions and should establish the appropriate framework in order to ensure compliance with the Convention.

The Government member of Turkey welcomed the Government’s efforts to adopt a new draft law on freedom of association and stated that the process of adoption was based on social dialogue which demonstrated the Government’s commitment to tripartism. The speaker appreciated the establishment of hundreds of new independent trade unions and committees, and the participation of trade unions and confederations at regional and international levels, which was a clear sign of the exercise of freedom of association rights. He had no doubt that the Government had brought a new era of democracy to the country and that it would intensify its efforts to reach full compliance with international labour standards.

The Worker member of Italy, speaking also on behalf of the Worker members of Belgium, France, Germany, Greece, the Netherlands, Poland, Romania, Slovakia, Spain and the Nordic countries, expressed deep concern about the violations of the Convention in Egypt. She indicated that, despite promises that the Trade Union Act and the Labour Code would be aligned with the requirements of the Convention and that the right to establish trade union organizations would be recognized and protected, the Government had made no progress in addressing the repeated observations of the Committee of Experts. Serious efforts were needed to guarantee freedom of association and the establishment of independent trade unions as essential elements of a democratic society, but the Government had approved instead, in August 2012, a new emergency law which restricted civil liberties and reintroduced military courts under the pretext of combating violence. The speaker drew attention to article 52 of the new Constitution, which destroyed trade union rights, allowed only one union per sector and gave sweeping powers to the Government to control union activity and even the right to dissolve trade unions. In addition, provisions which would have supported women’s rights had been struck out of the Constitution. None of the 234 articles of the Constitution clearly guaranteed women’s rights and gender equality while provisions against child labour and forced labour were so vague that they were virtually meaningless. Moreover, judicial decisions, such as the Cairo Criminal Court decision of 4 June 2013, by which 43 workers had been convicted, further attested to a system where the freedom of association was denied and repressed. The Government needed to move quickly to address these basic concerns of the Egyptian workers and the international community.

The Government member of Sri Lanka echoed statements of previous speakers that Egypt was in a transition period and faced a number of challenges. It was important to understand the nature and depth of the political and socio-economic transformation that Egypt was witnessing. The Government had taken a number of measures to improve compliance with its obligations under the Convention, including the new draft freedom of association law that had been formulated through lengthy tripartite social dialogue, with ILO support, and had been submitted for parliamentary approval. This was a good example of the commitment and willingness to implement freedom of association in law and in practice. The ILO should continue to provide technical assistance and capacity building by addressing the real needs of Egypt and should allow more time for the problem to be addressed effectively.

The Worker member of Belarus expressed support for the Egyptian workers and noted that the Government had called upon all trade unions and employers’ organizations to be involved in the discussions on the draft freedom of association law. This legislative development constituted a positive step for promoting the principles of freedom and justice. The Committee of Experts should be satisfied with the measures taken by the Government regarding the application of the Convention and ILO technical assistance would be helpful to this effect.

The Government member of Bahrain stated that he was conscious that the Government was facing huge challenges, which was common in countries going through historical changes. Nevertheless, the Government had carried out all of the steps in its power to fully implement the provisions of the Convention. Egypt had an ancient history in trade union freedoms and stood out as a model for other countries in the region. His Government called upon the Committee to take into consideration all of the positive efforts made so far and the challenges that Egypt was currently facing and hoped that the conclusions would objectively reflect the situation.

The Worker member of Benin expressed his support for the Egyptian workers, who were fighting to improve their working and living conditions and to uphold their trade union rights. The Government was in control of the police force and was preventing the workers from exercising their rights, particularly the right to strike, which was, however, inalienable. Likewise, it was unacceptable that the Government was interfering in the internal affairs of trade unions. The Committee had to remain attentive and ensure that the Government honoured its commitments, applied the Convention fully and handled complaints submitted by trade unions with due diligence.

Another observer representing the International Trade Union Confederation (ITUC) said that trade unions which had fought the old regime were facing repression and some of their members had been imprisoned. The Government did not seem to have drawn lessons from the past or understood that economic development was not possible without freedom. Egypt had to develop and set an example of a democratic society. The speaker requested an end to the repression of the union movement and employer interference in union affairs. Trade unions should be able to work with elected representatives of the employers, collective agreements should be respected and the single trade union system provided for in the Constitution should be discontinued.

The Government member of Senegal welcomed the steps taken by the Government during a period of transition marked by profound political, economic and social changes in the country. Certain achievements already stood out: the pursuit of social dialogue, to which the broader tripartite consultation attested; the inclusive negotiations underlying the new legislation, which the Government stated would comply with ILO standards; and the progress noted by the Committee of Experts, such as the repeal of the provisional law on protests and striking on worksites. The social partners should be encouraged to pursue untiringly their efforts to ensure that social standards were respected and the Government should be urged to pursue its efforts to comply fully with the Convention.

A Worker member of Bahrain stated on behalf of the Bahrain Free Labour Unions Federation (BFLUF) that it was not fair to have included Egypt on the list of cases. The Government had returned authority to the hands of the people and the elected officials needed more time to achieve results. Social dialogue led by the Government had resulted in new draft legislation which had been referred to the Council of Ministers for adoption. As for the union movement, it had proved its maturity in adopting, in April 2013, a declaration by which the Egyptian Trade Union Federation (ETUF) reached out to international trade union confederations for enhanced cooperation and confirmed that all restrictions on each organization had been lifted. Concerning the allegations of Government-controlled unions, simply because they were not affiliated with the ITUC, the Government should not be criticized on that basis. The Committee should stand clear of this controversy and should not use the discussion of the case to exert pressure on non-affiliated unions.

The Government member of South Sudan stated that it was important for workers to better understand the current situation, which required working collectively for the adoption of the new legislation on freedom of association rather than disregarding all efforts that were being made. For its part, the Government should remain open to peaceful dialogue and consider the comments of the Committee of Experts to ensure compliance with the provisions of the Convention. The ILO should continue to provide technical assistance and capacity building since Egypt was going through difficult times.

The Worker member of Sudan said that free trade unions had become a reality since the revolution of 25 January 2011. However, time was needed to permit consolidation and maturity of the new experiences while laws pertaining to union rights should be applied in accordance with social dialogue and the participation of all the parties concerned.

The Government member of Iraq recalled that the situation in Egypt was evolving fast and was very sensitive. The Government should be praised for its determination to meet all the challenges. There were objective indications that the Government was acting in full conformity with its constitutional obligations, including respect for the principle of freedom of association. Many meetings had been held culminating in the adoption of the “Freedom of Association Declaration” of March 2011, which recognized the freedom of establishing trade union organizations, and led to the setting up of numerous trade union organizations, committees and federations.

The Government representative thanked those who had participated in the discussion and noted that 13 of the 21 speakers were appreciative of the Government’s efforts and expressed their encouragement. In response to the statement of the Worker members, he clarified that article 53 of the Constitution, which they had relied on, dealt with occupational unions and the right to practise a profession, whereas freedom of association was addressed only in article 52. Concerning some statements that alluded to emergency laws and military rule, the Government representative clarified that such misconceptions had nothing to do with present realities. His country had, for the first time, an elected civilian President. He emphasized the importance of having updated and correct information and noted that although there might have been sufficient reasons in the past for the Committee to discuss the case, the situation was now completely different. His country had over 3,000 trade union committees, and more than 835 strikes had been organized, yet no worker involved in the strikes had been physically harmed.

The Employer members noted that the present case was difficult as it involved matters of the past. The Government had drafted a new freedom of association law that apparently addressed long-standing issues. The Employer members recalled that freedom of association in the context of Convention No. 87 was a labour standard pertaining to conditions of work and not a basic freedom of every citizen. It was therefore important to put the situation in context and ask whether each and every demonstration of a group of so-called unions related to labour matters and workplace conditions. Egypt was emerging from a period of great difficulties and patience was required on several fronts. The employers were frustrated with the rampant freedom of unions, and the unions, for their part, needed time to gain maturity. The Government needed room to manoeuvre and yet also needed to be held responsible to some extent; merely not having laws in place could not absolve the Government from its obligations. The Employer members urged the Government to move forward with union elections.

The Worker members emphasized that there were significant discrepancies between the Convention and Egyptian labour legislation, particularly as the latter enshrined a single trade union system. Since 2008, the Government had taken steps to bring its legislation into line with the Convention. Since 2011, progress had been faster: independent trade union federations had been recognized and a new draft freedom of association law had been proposed within the framework of tripartite social dialogue. The Worker members stressed that the draft law should be examined by the Office before its final adoption by the Shura Council.

Conclusions

The Committee took note of the statement made by the Government representative and of the discussion that followed.

The Committee observed that the comments of the Committee of Experts concerned a number of long-standing discrepancies between the labour legislation and the provisions of the Convention, in particular as regards Trade Union Act No. 35 of 1976, which was based on a single trade union system.

The Committee noted the Government’s commitment to ensuring freedom of association rights in the country. The Government representative referred to a freedom of association workshop held in April 2013, in collaboration with the ILO, resulting in a broad agreement to establish a national committee to review all labour legislation. The national committee issued a final recommendation to repeal Trade Union Act No. 35 and replace it with the draft freedom of association law that it had discussed and reviewed and which was submitted to the Council of Ministers. This draft was approved by the Council of Ministers on 29 May 2013 and submitted to the Shura Council, currently in charge of legislation, for discussion and approval. In addition, the elections for the current trade union executive councils under Act No. 35 were once again extended for one year or until the promulgation of the new law by the Shura Council, whichever is earlier. Finally, the Government representative stated that the representatives of the newly formed independent unions have been able to freely participate in various national and international activities, meetings and conferences, including in the ILC since 2011.

The Committee did not address the right to strike in this case as the employers do not agree that there is a right to strike recognized in Convention No. 87.

While regretting that many years have passed since the Government was asked to bring its law and practice into conformity with the Convention without any concrete results having been achieved, the Committee noted with interest the recent and positive steps taken by the Government in this regard. The Committee therefore expressed the firm expectation that a law ensuring full respect for the freedom of association rights of workers and of employers would be adopted in the very near future. It requested the Government to provide a copy of the draft that was before the Shura Council to the ILO and to ensure appropriate consultations with the social partners. The Committee expressed its firm expectation that, in the meantime and as the Government had committed, all trade unions in Egypt would be able to exercise their activities and elect their officers in full freedom in accordance with the Convention pending the adoption of the freedom of association law. It encouraged the Government to continue to have recourse to ILO technical assistance and capacity building for all the social partners. The Committee requested the Government to provide a detailed report to the Committee of Experts at its meeting this year and expected that it would be in a position to observe significant and concrete progress in the country to ensure respect for trade union rights both in law and in practice.

The Government representative stated that he had listened closely to the conclusions, but that his Government would communicate its comments in writing to the Chairperson of the Conference Committee and the Office, after giving them a careful reading.