Caso individual (CAS) - Discusión: 2008, Publicación: 97ª reunión CIT (2008)

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

A Government representative considered that generally the criticism of the Egyptian trade union system was a result of a certain misunderstanding of the trade union situation in the country. The Government attached great importance to the respect of international labour Conventions, 61 of which it had ratified. The Labour Code reform started by the public authorities aimed at addressing concerns raised by the Committee of Experts and ensuring that the legislation took into account global economic developments. This process, which had lasted for ten years, brought together the social partners. With regard to mediation, the new provisions stipulated that a mediator was to be designated by employers and workers and that arbitration could take place only when mediation had failed. In accordance with the new legislation, peaceful strikes were legal. Furthermore, the social partners participated in the social dialogue, including through its innovative forms such as workshops and seminars. The sound functioning of social dialogue was illustrated by the fact that in 2007 over 80 collective agreements were signed. The number of demonstrations (strikes, sit-ins) which took place at enterprises showed that workers were free to present their demands. As a general rule, workers' demands were peacefully resolved through negotiations. The social dialogue project was under way, with the technical assistance of the ILO.

To respond to the criticism of the Committee of Experts with regard to the alleged government interference in trade union affairs, the Government representative declared that trade union elections were conducted in conformity with the rules adopted by the trade unions at their general assemblies, the particulars of which would be provided to the Committee of Experts. 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 at the enterprises and undertakings of the country. Among them, there were over 8,000 young trade unionists and 1,000 women. Moreover, 23 new trade unions were established. The Central Council of the Confederation of Trade Unions held a general election and thus renewed 70 per cent of its executive committees. Naturally, a process of such large scale, which mobilized over 4 million workers, gave rise to rivalry and incidents and required the intervention of the security forces. However, such intervention could not be seen as a Government's intervention into trade union affairs. The principle of trade union unity reflected the solidarity of workers. Trade union pluralism could contribute to the fragmentation of the trade union movement, followed by its subjection to the political parties. The existence of a single trade union organization indicated the unity of the goals of the working class. Trade union pluralism was automatically followed by division and weakening of the trade union movement. A single trade union system allowed the trade union movement to function democratically. The transformation of the economy would be followed by the evolution of the trade union movement. In practical terms, there were 23 general trade union organizations, which drafted their rules at the regional level before their adoption by the general assembly.

With regard to the allegations that members of the executive committee of trade unions were removed from office for having participated in a sit-in pursuant to section 70 of the Labour Code, she explained that this provision did not provide for such sanction. With regard to section 14 of the Labour Code which required trade unions to obtain prior approval of the Confederation of Trade Unions before a strike could be organized, the rationale of this provision - which should not be questioned - was based on the premise that a strike was a particularly powerful instrument and that it was therefore legitimate that the Confederation monitored the use thereof. The new Code regulated strike action and other protest action in order to protect the population. Section 194 of the new Code prohibited strikes in essential public services, where a strike would have a direct impact on security. In public services, if the conflict was not settled through negotia- tions, it was referred to arbitration. In general, when employers and workers did not accept the recommendations of a mediator, they were free to resort to arbitration. The Confederation's monitoring of the financial administration of trade unions observed technical rules governed by the need to ensure transparency of the accounts of these organizations.

The Worker members remarked that, coming from the worker movement and having attended the Governing Body, the Minister was aware that freedom to organize could not be granted partially, selectively or under state control. For several years, the Committee of Experts' comments had been referring to a series of discrepancies between the Convention and the national legislation. The right to form and join independent free trade unions was heavily restricted by Egyptian law. The law foresaw the institutionalization of a single trade union system; a minimum membership requirement of at least 50 workers in the same enterprise; the authorization for unions to operate subject to their joining of one of the 23 industrial federations affiliated to the only legally recognized trade union centre, the Confederation of Trade Unions; and the possibility to fire workers acting outside that centre without any justification. While trade union unity was important, it should not be imposed by means of monopolistic legislation but left to the trade union organizations.

According to Article 3 of the Convention, each workers' organization should be able to elect its representatives in full freedom. On 17 May 2006, security forces had barred engineers from voting in the Engineers' Syndicate's General Assembly. Various other acts of interference were reported as the Government tried to control candidates in union elections, preventing some of them from standing for such elections. The Committee of Experts had to underline once again that procedures for the nomination and election to trade union bodies should be defined by the organizations concerned, without any interference by public authorities or by the single trade union central organization designated by law.

The Worker members wished to illustrate by way of example recent problems of freedom of association encoun- tered in Egypt. In 2007, several local branches of the Centre for Trade Union and Workers' Services (CTUWS), had been shut down pursuant to an administrative decision. The CTUWS was an independent civil society organization that assisted workers in defending their rights, monitored trade union elections, provided legal support and called for the removal of administrative barriers to the right to be a trade union candidate. In April 2007, the main premises of the CTUWS in Cairo had been surrounded and attacked by security forces and also shut down pursuant to an administrative decision. On 12 October, an Egyptian court had sentenced the CTUWS General Coordinator and his lawyer to one-year imprisonment, thus violating the freedom of expression guaranteed by the Egyptian Constitution. Finally, on 30 March 2008, the Administrative Court overturned the Government's refusal to allow CTUWS to operate.

The existing legislation did not allow the financial independence of unions and foresaw the control by the Confederation of Trade Unions over the administration of workers' organizations. Lower level unions had to pay a certain percentage of their income to the higher level national centre. While trade union income from workers' dues might well be distributed through the structure of a trade union, such decision should be taken by the organization's governing bodies and not imposed by law. Under Article 3 of the Convention, workers' organizations had the right to determine their administrative structure and manage their financial activities without interference from public authorities, thus allowing workers' organizations to affiliate independently.

As to the right to strike, the Committee of Experts had urged the Government to amend section 192 of the Labour Code, according to which strikes should receive prior approval of the trade union organization board. The Committee of Experts had underlined that any restrictions on the right to strike should be confined to public servants exercising authority in the name of the State and workers in essential services in the strict sense of the term. Section 192 also provided that the notification of strike action should specify its duration. The Committee of Experts had previously considered that such mandatory specifica- tion of the strike duration represented a restriction of the right of workers' organizations to organize their activities. Furthermore, section 69(9) of the new Labour Code, providing that workers who participated in strike action infringed section 194 of the new Labour Code and could be dismissed, was contrary to the Convention. Sanctions for strike action should only be possible where the prohibitions in question were in conformity with the Convention. Workers who had participated in legitimate strike action should not be sanctioned because the duration had not been specified.

The strikes of the workers in the largest state-owned textile factory in Mahalla Al Korba and their refusal of the decision to refer some workers to the General Prosecutor, also deserved the Committee's attention. Their fight had been supported by the International Trade Union Confederation (ITUC) and the General Board of the International Confederation of Arab Trade Unions (ICATU) that called for a halt to retaliatory action against the workers and respect for workers' rights. Thanks to negotiations between the President of the Confederation of Trade Unions, the President of the General Union of Garment and Textile Workers, the President of the Textile Industries and the company, the protest finally produced a positive agreement. Another violent intervention of the police against protestors recently took place in the industrial city of Mahalla Al Korba. The police used live ammunition to suppress the protests against low wages and high prices for basic goods. The Ministry of Interior issued a statement asking all citizens to refrain from participating in the strike. In Mirs Spinning and Weaving factory, a strike was cancelled after security agents surrounded and entered the premises.

Regrettably, the legislative changes that the Committee of Experts had been requesting for many years had not been initiated by the Government. The Worker members urged the Government to modify the labour law so as to overcome the institutionalization of a single trade union system, which excluded the possibility to form different trade union federations, independent from the Confederation of Trade Unions. The Government should also take the necessary measures to amend the Labour Code to ensure that national law neither interfered in the freedom to organize nor in the definition of electoral procedures, there was no legal obligation for workers' organizations to specify the duration of a strike, and workers who had participated in legitimate strike action were not penalized on the grounds that the strike notice did not specify the duration. The Government should further take immediate action to ensure that the categories of workers excluded from the Labour Code enjoyed the right to strike.

The Worker members also supported the Committee of Experts' requests to urgently amend legislation concerning the removal from office of the executive committee of a trade union which had provoked work stoppage in the public or community services, the requirement of the prior approval of the Confederation for the organization of strike action, the restriction on the right to strike in services which were not essential in the strict sense and the penalties for breaches of section 69(9) of the new Labour Code. The Worker members called on the Government to comply with the Convention and the recommendations of the Committee of Experts, in particular as regards the independence of trade union organizations, the right of workers to join organizations of their own choosing, the elimination of intervention in union elections, financial management and all other forms of interference, and the right to strike. ILO technical assistance could help the Government to amend national legislation to that effect.

The Employer members noted that the Committee of Experts' observation, despite being short, raised serious matters. There appeared to be problems with Act No. 35, as amended. The Convention required respect for trade union pluralism. However, several sections of the Act imposed the institutionalization of a single trade union in violation of Article 2 of the Convention. The Act also adversely impacted on the ability of high-level unions to establish their election procedures, in violation of Article 3. Similarly, the Government interfered in the financial independence of trade unions. Accordingly, the Government was asked to make legislative changes to address these issues.

With respect to the right to strike, the Employer members recognized a generalized right to strike but the State had the discretion to regulate it in accordance to its needs and conditions. However, during a strike, the human rights and civil liberties of the individuals in the action must be respected. In conclusion, the Government was requested to provide a comprehensive report on the issues raised. There was also a need for ILO technical assistance.

The Employer member of Egypt stated that as a resident of El Mahallah City, he had witnessed the recent strikes and could report that the security forces intervened only after being attacked with stones and Molotov canisters by the demonstrators who had burnt schools and other public buildings, causing considerable damage. The Egyptian employers believed in human rights, democracy and freedom of expression but these rights should be exercised in a framework of respect for national legislation and public order. Laws and regulations could not be the same everywhere and should reflect cultural specificities.

With regard to the issue of elections, he said that, as a representative of the Egyptian Chamber of Industry and Commerce, he had never witnessed government interference in elections. This having been said, strong competition among trade unions had recently led to questions about the legitimacy of elections in certain cases. He also noted that the number of strikes had recently increased and this was something that the Egyptian society was not used to. As a result of the strikes, a number of companies had reached agreements with the trade unions and had paid workers' salaries agreed upon in negotiations. The right to strike was guaranteed to all workers, but strikes were not supposed to be used as a means to intimidate, pillage and burn. He concluded by emphasizing that employers' organizations in Egypt strongly believed in social dialogue and were continually involved in consultations with the Government and the workers, attaching great importance to their counterparts who had a specific role to play in this process.

The Worker member of Egypt indicated that he had asked for the floor in order to answer certain comments touching upon the dignity of the trade union movement in Egypt which was more than 100 years old. The latest trade union elections had taken place in accordance with the applicable procedures in a democratic atmosphere and without Government intervention. Elections had led to changes in 40 to 60 per cent of the trade union leadership. These changes were an eloquent answer to those who accused trade unions of monopolizing trade union action. A monopoly could not exist where the trade union movement renewed itself every five years through elections in conformity with the Convention. The workers' and em- ployers' organizations in Egypt had enjoyed pluralism and democracy since the 1920s in defending the interests of their members. The workers themselves realized that their interests could be effectively defended only through solidarity and the will of the workers to this effect was reflected in the law and the statute of their trade unions. Moreover, any development in the status quo had to come from within the trade union movement in the country, taking into account cultural specificities. In Egypt, there were no restrictions in joining or leaving a trade union in any sector. The role of the Confederation of Trade Unions in relation to trade union statutes was to draft a model statute so that it could serve as guidance for unions in drafting their own statutes. These statutes varied among the 23 trade union organizations, taking into account their specific circumstances. The Worker members had acknowledged in their intervention the role played by the Textile Workers' Federation and the President of the Confederation of Trade Unions in settling the strike in El Mahallah City. This testified to the successful functioning of tripartite relations and cooperation in Egypt.

Finally, he indicated that the CTUWS General Coordinator had never been a trade unionist and had established a centre to provide workers with services, which was by no means a trade union. It was rather a mere individual initiative to set up a commercial establishment. He expressed his surprise that this international forum took the trouble to refer to this issue.

The Government member of Qatar indicated that he had listened carefully to the Government representative who had provided detailed information and expressed the hope that the Committee would examine this information and make good use of it.

The Government member of Morocco underscored the importance of the full enjoyment of trade union rights not only for the workers themselves but also for all the social partners. The Convention, which was the point of reference for the workers in terms of their rights, could also have an important impact on a country's economic and social development. However, any changes needed to come from within the society. The Government representative of Egypt had referred to the efforts made in the country so as to adjust to world economic circumstances. The Government was working relentlessly to ensure social development and the resolution of labour disputes in the best way possible. The Labour Code of 2003 had been adopted to regulate this process and major efforts had been made to raise awareness of the partners regarding social dialogue and improve working relationships. These efforts had begun to bear fruit, which was very important for the further development of labour relations. All these measures were bound to lead to a positive atmosphere and to the overcoming of obstacles between the national legislation and the Convention. The Government's efforts should also be praised since it was playing an important role in realizing peace in the Middle East and had a major role in the work of the Arab Labour Organization. He concluded by stating that the Committee should look into the information provided and take into consideration the views expressed by the Government.

The Government member of Tunisia emphasized that the Egyptian legislation, including the Labour Code of 2003, was in conformity with international labour standards and that the enactment of legislation depended, notably, on the development of tripartism and social dialogue. Moreover, encouraging results had been obtained in this regard through the elaboration, in 2006, of the foundation and principles of social dialogue as a basis of social justice, the importance given to a constructive and serene social dialogue, and the organization of training for the social partners. The speaker also emphasized the openness demonstrated by the Egyptian Government for dialogue and supported the efforts made by the Government to comply with the Convention.

The Government member of Sudan indicated that his Government attached special importance to cooperation with the Conference Committee. The Government representative of Egypt had shown that the Government action was compatible with the comments of the Committee of Experts. The Government was willing to accept technical assistance and benefit from it. It had made strenuous efforts to reach agreement so as to resolve the disputes. Egypt, a country with a long history steeped in civilization, was currently facing new experiences and needed time so as to select the model which best suited its conditions. Change should be gradual so as to enable the social partners to reap the benefits. He concluded by stating that Egypt should not have been included in the list of individual cases.

The Government member of Belarus welcomed the intention of the Government of Egypt to bring the legislation into line with the Convention in the framework of social dialogue. The Government's intention to further develop trust and confidence with the social partners through social dialogue had been demonstrated through the organization of seminars on a wide range of issues including economic reforms and improvements in conditions of work. He noted the positive evolution in the number of women trade unionists were a result of the Government's efforts to promote gender equality. It was important to continue the dialogue with the Government.

The Government member of the United Arab Emirates associated himself with the statement made by the Government member of Qatar. The issues raised by the Committee of Experts did not constitute fundamental violations of the Convention and could be dealt with through technical cooperation between the ILO and the Government. He praised the Government of Egypt for showing openness to the comments of the Committee of Experts and for its readiness to continue to cooperate with the ILO. He expressed the confidence that the Government would take every possible measure for the implementation of all the Articles of the Convention in dialogue with the social partners.

The Government member of the Libyan Arab Jamahiriya indicated that his Government had the utmost respect for the comments of the Committee of Experts. The Government representative of Egypt had given ample explanations and information in reply to the comments of the Committee of Experts and had also provided detailed information on the events that had taken place in El Mahallah City, which showed that the right to strike was guaranteed in Egypt. Strikes should take place in line with the law. The issue had been dealt with in a democratic manner and in conformity with the law through a decision of the independent judiciary. The information provided should be taken into consideration when conclusions were drawn on this case.

The presence in person of the Minister of Labour of Egypt showed the value placed by the country on the implementation of ILO Conventions. In her statement, the Minister had referred to the provisions of the Labour Code respecting the single trade union system and its beneficial aspects for workers. She had added that strikes had occurred at various levels, while explaining the conditions determining such strikes. She had also explained the procedures for the election of members of the executive boards of trade unions, which were held under judicial supervision, with any interference being prohibited. New leaders had been elected, including women (40 per cent), with in some cases achieving the level of 70 per cent. The security forces only entered election halls to ensure order. Their role was to guarantee security, but they never intervened in trade union elections. The Minister had clearly explained the various stages of negotiation and how labour disputes were settled, including through conciliation and arbitration. This information needed to be taken into account when drawing up the Committee's conclusions.

The Government member of Cuba commended the efforts made by the Government of Egypt to seek, through social dialogue, appropriate alternatives to confront the economic and social challenges of globalization. Furthermore, the Government promoted dialogue between employers and workers and organized training sessions aimed to prepare both parties to undertake economic reforms that benefited workers and ensured respect for their fundamental rights. The speaker trusted that the Committee would take due note of the explanations provided by the Government of Egypt.

The Government member of China stated that she had taken note of the Government's statement in particular with regard to the legislation adopted to give effect to the Convention and the measures taken to promote social dialogue. The ILO should continue to cooperate with the Government in order to achieve full compliance with the Convention.

The Government member of the Russian Federation stated that the Government of Egypt was taking special measures to fulfil its international obligations concerning the rights of workers. The solution to the problems raised by the Committee of Experts lied in tripartite negotiations at national level and cooperation between the ILO and the Government. He called on all interested parties to continue the dialogue and on the ILO to give, if necessary, appropriate technical assistance.

The Government representative of Egypt expressed her appreciation for all those who had taken the floor during this important sitting. She assured the Committee that being a trade unionist herself, she would not tolerate any violation of trade union rights in her country and she would seek to remedy any divergence between the na- tional law and the international Conventions. She wished to reply to the comments made by the Employer and Worker members which had been prepared apparently before hearing the Government's statement. She expressed the hope that the Worker members would reexamine their position. In Egypt, there were no strict constraints placed on the right of workers to join or leave a trade union. It was the basic statute of trade unions which determined the rules and procedures for affiliation, as long as the worker was still active in service. The Trade Union Act guaranteed the full freedom of workers to join or not to join any trade union. There was therefore no question of constraints.

With regard to the issue of trade union unity, she fully supported the view that this unity should spring from the trade union organization itself, and not be decided upon by law or by the administrative authority. The application of the by-laws of trade union organizations reflected the desire of the workers themselves, who opted for a pyramidal trade union structure, based on unity, as set out in the current Trade Union Act. Things could evolve in the future as the country developed, and tripartite dialogue on this issue was continuing.

Concerning the procedures governing the nomination and election of trade union members, which according to the Committee of Experts should be decided by the trade unions and not by the public authority, the single trade union central organization or the law, she emphasized that the Government had no involvement in the choice of trade union representatives during elections which took place in full freedom. The matter raised by the Committee of Experts had been resolved in a meeting of the General Assembly of the Confederation of Trade Unions held on 18 October 2006. She promised to furnish a copy of the minutes of the meeting to the Committee of Experts along with a copy of a model regulation of the by-laws of trade union organizations. This was further proof of her Government's good will.

With respect to the group of professionals representing engineers, she clarified that the specific entity was a professional organization and not a trade union, and had been set up only to defend its members' specific interests. She added that no person had been stopped from entering the meeting place of the entity as long as he or she was a member - entry being denied only to non-members. The presence of the police force outside the building was only to ensure security and protect the safety of individuals and undertakings and was not aimed to intervene in any gathering.

As for the closure of the Centre for Trade Union and Workers' Services and its branches in El Mahallah, Nagaa Hamadi and Helwan, she informed the Committee that the Centre was not closed on account of its trade union activity, but on account of its violation of the licensing conditions as a non-governmental organization, in accordance with the provisions of Non-Governmental Organizations Act No. 84 of 2002. She added that a judicial decision had been rendered ordering that the closure be annulled. Dialogue was ongoing between the representatives of the Centre and the Ministry of Social Solidarity to correct its status, in accordance with the Non-Governmental Organizations Act.

With reference to the strikes in El Mahallah, these had taken place on 6 April 2008 in the city of El Mahallah al-Kubra and not in a factory. Acts of vandalism had been committed by persons with motives unrelated to the promotion of professional interests. More than 27,000 workers in the El Mahallah factory had not joined the strike as they had engaged in negotiations with management under the auspices of the Ministry. Those persons who had gone on strike had been paid full wages even during the period of strike, although the Labour Code required the deduction of wages during the strike period; this was due to the discretion enjoyed by the Government in this regard and the respect paid by the Government to workers and their rights. She stressed that the April event in El Mahallah was an operation aimed to cause damage in the city and not at all a strike called by workers.

She concluded by underlining the importance of consultation and collaboration with the social partners through the Labour Consultative Council which had been set up on the basis of the Labour Code. She assured the Conference Committee that the comments of the Committee of Experts would be submitted to the Labour Consultative Council so as to take the necessary measures to review the Labour Code and the Trade Union Act and bring them into conformity with the provisions of the Convention.

The Worker members thanked the Minister of Labour for the information provided. They pointed out that Egypt had ratified the Convention 51 years ago. In view of the number of years that had since elapsed, it was time for the Government to align its laws with the Convention's requirements. Regarding the representatives of various Governments who had taken the floor in support of the Government of Egypt, they noted that many of those countries did not fully uphold freedom of association principles and workers' rights. Indeed, cases concerning the application of the Convention by several of those Governments would be discussed in the Committee. They acknowledged the Government's remarks and noted that the Minister of Labour was formerly a colleague of theirs on the Workers' bench. They hoped, therefore, that the Government would act upon the commitments it had made before the Committee in good faith and with due haste.

Recalling the Minister's remarks on the freedom to join the sole trade union, they maintained that the crux of the matter was the freedom to join a trade union, not the trade union - that is, the single trade union established by law. Until workers enjoyed the freedom to join other organizations, the legislation would remain non-compliant with the Convention. The situation of trade union monopoly was also to blame for the refusal to grant workers the right to hold union elections in a manner of their own choosing. Underscoring that the trade union monopoly had not been freely chosen by workers but rather originated in the legislation, they called upon the Government to introduce the necessary legislative changes, in line with the comments of the Committee of Experts.

As concerned the Government's remarks on the importance of social dialogue, they emphasized that it was equally necessary to promote collective bargaining and sound industrial relations. This, in turn, required the appropriate legislative framework. They recalled that conflict naturally occurred within sound industrial relations environments - in the form of industrial action and strikes. The right to strike needed to be ensured for Egyptian workers; it was therefore necessary to remove the restrictions on the right to strike contained in section 192 of the Labour Code, as well as the imposition of compulsory arbitration in services which were not essential in the strict sense of the term.

They stated that the CTUWS was recognized by well-respected international organizations, including the ITUC and the International Federation for Human Rights (FIDH). If the monopoly on trade unions were lifted, the CTUWS would be able to become a fully fledged trade union, rather than a civil society organization.

As concerned the strike in El Mahallah al-Kubra, they recalled that many non-governmental organizations - including Amnesty International and the ITUC - had eyewitness reports that the riot police were shooting with live ammunition. They emphasized that even should a strike turn violent, this did not authorize the authorities to react with equal or greater violence.

They accepted the Government's proposal to convene a tripartite body on the matters discussed and reiterated their strong hope that legislative amendments would soon be introduced, particularly in respect of the trade union monopoly situation, the control by higher level organizations of union election procedures, the control by the Confederation of Trade Unions of the financial management of trade unions, and the right to strike.

The Employer members thanked the Minister for her comprehensive reply. They emphasized that the Convention was a fundamental one and a cornerstone of the ILO. Compliance with this Convention was therefore not an evolutionary process; there could be no concessions or "middle ground" in securing respect for its provisions. Social dialogue and tripartism was a second cornerstone of the ILO. The existence of dialogue and consensus, however, could not veto the requirements of the Convention. They recalled that the present case concerned two fundamental aspects of the Convention. The first, which concerned the situation of trade union monopoly, was inconsistent with the requirement that a multiplicity of trade unions be allowed to exist and flourish. The second aspect touched upon the right of trade unions to set their own rules and govern themselves without government interference.

They maintained that countries that had ratified the Convention must completely fulfil the attendant obligations. In this respect, technical assistance in the form of an ILO mission was necessary. They requested the Government to indicate whether it was prepared to accept such a mission and recalled that it was also obliged to prepare a report fully responding to the ITUC allegations and the comments of the Committee of Experts.

The Government representative of Egypt stated that although her Government was ready to cooperate in all respects and welcomed any assistance offered, it had a precise agenda and she could not, therefore, promise that the legislation would be reviewed so rapidly. It was not certain whether amendments to the laws could be submitted before the end of Parliament's present term, hence she could not promise that the amendments would be enacted by next year; more time was required to review the legislation and prepare the necessary changes.

The Government representative of Egypt reiterated her Government's commitment to the application of standards. With respect to ILO assistance mentioned in the conclusions, she indicated that ILO assistance was currently being provided to her country on social dialogue, and that there was therefore no need for further assistance on the issue under discussion. What was needed was assistance in the training of trade unionists and employers. She expressed her hope that Egypt would always meet its obligations under ILO Conventions.

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 serious allegations of government interference and violent intervention by the security forces against trade union members during union elections, as well as a number of discrepancies between the labour legislation and the provisions of the Convention, in particular as regards the institutionalization of a single trade union system through a variety of means.

The Committee noted the Government's statement according to which the amendments made to the Labour Code were the result of intensive social dialogue. In addition, a draft concerning social dialogue was in the process of being prepared with the assistance of the ILO. The Government representative asserted that there was no interference in union elections, which were held in accordance with the organizations' by-laws, except where necessary to ensure the peaceful settlement of internal conflicts. Nevertheless, the Government representative assured the Committee that all comments made by the Committee of Experts would be taken seriously into account within the framework of the national tripartite consultative committee.

The Committee noted with deep concern certain elements of the Government representative's statement which appeared to show a lack of commitment to the fundamental principles consecrated in the Convention, in particular with respect to the most basic right to form and join organizations of one's own choosing, even if outside the existing trade union structure. It regretted that no progress had been made on these fundamental points since the ratification of this Convention over 50 years ago. It also expressed concern at the references made by several speakers to ongoing, grave violations of the Convention. In this respect, the Committee recalled that basic civil liberties and fundamental rights must be respected during strike action. The Committee asked the Government to fully implement the judgement of the Egypt Administrative Court so that the Centre for Trade Union and Workers' Services may operate freely. The Committee encouraged the Government to continue on the important path of democratic reform it had embarked upon in the country.

The Committee urged the Government to take tangible steps in the very near future to ensure that all workers could be ensured the full enjoyment of their fundamental right to freely organize and, in particular, to guarantee the independence of trade union organizations and the elimination of all forms of interference in workers' organizations. The Committee invited the Government to accept an ILO technical assistance mission and welcomed the Government's readiness in this regard. It requested the Government to provide detailed information to the Committee of Experts on the measures taken to bring the law and practice into conformity with the Convention, as well as full particulars in reply to the allegations of violent attacks against trade unionists and acts of interference in internal union affairs, in its report when it was next due.

The Government representative of Egypt reiterated her Government's commitment to the application of standards. With respect to ILO assistance mentioned in the conclusions, she indicated that ILO assistance was currently being provided to her country on social dialogue, and that there was therefore no need for further assistance on the issue under discussion. What was needed was assistance in the training of trade unionists and employers. She expressed her hope that Egypt would always meet its obligations under ILO Conventions.