Caso individual (CAS) - Discusión: 1987, Publicación: 73ª reunión CIT (1987)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Egipto (Ratificación : 1957)

The Government has communicated the following information:

The Government recalls that it had indicated already in its previous comments that a mixed technical committee consisting of representatives of the Government and the Confederation of Egyptian Trade Unions had been established with a view to examining the question of amending the provisions of Act No. 35 of 1976, as amended, and of Act No. 137 of 1981 which the Committee of Experts does not consider to be in conformity with the Convention. The technical committee is continuing its work. The Government also reiterates its earlier statements in which it indicated that before any of the above-mentioned Acts could be amended, the proposals of the committee would be submitted to the parties concerned, especially to the trade union associations which, as the most representative organisations of workers, are 1,995 in number. These associations formulate their observations on the proposals and submit them to the general unions whose number is 23. They are then finally transmitted to the Confederation.

The Government considers that it should give time to these unions to examine the proposals in question in order to formulate their views. It further states that there are some views according to which both Acts need thorough review in order to cope with the shortcomings in the matters concerning freedom of association and others, which entails necessarily more time. According to the Government, as soon as the interested parties and the unions formulate their views concerning the committee's proposals for the amendment of the above-mentioned two Acts, the committee will receive them and co-ordinate their proposals before elaborating a draft which will regroup the proposed modifications and which will be submitted to the People's Council, the highest legislative organ of the country, for its adoption.

The Government states that Egypt under President Mohamed Hosni Moubarak has seen important and radical changes towards democracy and political freedoms and that the latest elections of the People's Council took place in April 1987 in which a great number of political parties of all tendencies participated. According to the Government, this freedom and political democracy will no doubt have positive effects on trade unions, industrial relations and workers. The effect is also visible in the protection against arbitrary dismissal which created a feeling of security among the workers, reducing thereby the number and the length of industrial disputes. The trade unions seek dialogue with the administration and make use of conciliation procedures in industrial disputes. The Government does, therefore, not agree to the interpretation made by the Committee of Experts on sections 93 to 106 of the Labour Code, Act No. 137 of 1981, concerning peaceful settlement of labour disputes. It considers, in the light of the results of practical application, that the mechanism of arbitration has given the workers, in the great majority of the cases, access to their rights.

As regards the railway strike, the call for the train drivers' strike of 7 and 8 July 1986 was made by the Railway Workers' Association without the knowledge of the Railway Union or the Confederation of Egyptian Trade Unions. Disruption was caused to millions of Egyptians who use the railways as their main means of going to work. Railways are the main means of transport in Egypt. They extend along the Nile and most of the population is concentrated in the Delta. Stoppage of a vital service like the railways is a threat to the safety of the citizens. The abrupt stoppage interrupted transport of grain from Egyptian ports to the flour mills in all governorates of the country. It also interrupted the transport of medical supplies and various imported foodstuffs. The strike was led by state officials and was a danger to the life, health and safety of citizens as well as a threat to the economic interests of the country. This is why the State intervened and brought the drivers to court. Those detained were released after the first hearing; on 14 April 1987 they were all acquitted by decision of the Superior State Security Tribunal.

Finally, the Government wishes to assure the Committee of Egypt's concern for applying the freedom of association Conventions ratified by it, which guarantee workers the right to peaceful strikes.