|
Unionists , parliament members ,civil society activists
call for amending the law on trade unions
|
29/11/2007
At the end of meetings held by EOHR and Fredrich Institution concerning trade unions during the following November, trade unions members ,members of People’s Assembly and Shura Council and civil society activists agreed that the law on trade unions No.35 1967 and its last modifications and decisions taken by legislation procedures is violating the freedom of unions, workers rights to form unions or enacting its laws or voting for its members or organizing its administration and activities or the right of forming associations, which decrease the guarantees stipulated in the Convention for the Freedom of Unions No. 87-1948 which was ratified by Egypt 1957.
Participants request the union legislation to include some general principles stated in covenants and international covenants related to the freedom of union such as covenant No.87 -1984 . These principles are represented as follows :
- The right of forming trade unions without taking previous permission.
- The right of joining trade unions.
- The right of preparing regulation and administration rules for trade unions.
- Organizations' rights of electing their members without restrictions.
- Organizations' rights for arranging their administration and activities and creating its programs.
- Inadmissibility of organizations dissolution through government authority.
Participants confirm that restricting trade unions is an issue conflicting with international covenants for human rights .The right of forming unions is one of the main rights which international organizations are concerned with, these organizations stated the right of forming unions in its covenants and treaties .UN is one of the significant international organizations which took care of this right in view of the fact that the UN General Assembly issued a decision on November-December 1947 stating that the right of freedom of union is the main base for enhancing the life of workers and their economic subsistence. The General Assembly supports the principles which were declared by the International Labor Conference according to the right of unions and other principles which were mentioned in the constitution of International Labor Organization and Philadelphia’s declaration .Also Universal Declaration For Human Rights supported the right of forming unions as stated in Article 20/1: “every individual has a right in participating assemblies and peaceful groups”, Article 21/1 which states that “ every individual can participate in managing the administrative affairs of his country directly or through authorized representatives, and Article 23/4 which stated that every individual has a right for establishing unions with other individuals.
Also Article 8 of The International Covenant On Economic ,Social and Cultural Rights stated that all states in the Covenant should guarantee the following :
- The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;
- The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations;
- The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;
And Article 22 of the international covenant on civil and political right stated the following:
- Every individual has the right of forming assemblies with others including the right of establishing unions .
- Restrictions are not allowed to be imposed on this right except for what the law stated to protect the national security ,public safety ,public healthy ,public system and the right of others .
- This article hasn’t any verdict which allowed the involved countries in the International labor Organization Covenant 1984 concerning unions freedom to apply any law violating the guarantees stipulated in this covenant.
Participants confirms that there are many negatives encompass the law of trade unions represented as follows :
- The law submits trade unions under the supervision of the Minister of Labor, Administrative Affairs and Labor Solidarity .
- The last modification on trade union law pulled all specializations of union committee and granted it to the public unions and labor association . For example Article 36 restricted candidates for the election of trade unions and passage D of the article stated that candidates must spend previous periodical union as a member in the administrative board of union committee. This passage is considered a restricted sword on election freedom. This article is unconstitutional as it lacks to the equality principles between candidates.
- Ministerial decisions grant the Minister of Labor a wide power to interfere into labor movement affairs as follows:
- The Minister of Labor is the one who determines the groups who excepted from membership of trade unions (Decision No. 32/1976).
- The Minister of Labor is the one who determines the terms and conditions for the leisure time to perform union labor, and he determines the numbers of members according to the number of institutions ( decision Np.348-1988).
- The Minister of Labor is the one who determines disbursements sentenced according to the violation of trade union law rules ( decision No.25-1977)
- The Minister of Labor is the one who determines the availability of terms and conditions for courses, time of courses and numbers of workers in every course and percentage of workers who have the right to get these courses ( decision No.59 1985 )
- The Minister of Labor is the one who issues the financial declaration for trade unions ( decision No. 127 1989)
- Law No.1976 and its amendments were issued to clarify trade unions which were authorized for establishment, clarifying the structure of the union and its activities, targets, levels starting from unions committees to general association of trade .The law prohibits forming more than one public union for profession and industrials workers , so it deprives trade unions to form its constitutions and programs through its general assemblies. This law conflicted with Article 3 of the Convention on the freedom of trade unions No.87 1948 which was ratified by Egypt .
- The law depended on the dual financial censorship system. It gives general association for trade union and gives the Ministry of Labor the right to monitor trade unions.
- The law prohibited the members of trade unions to form assemblies or savings fund according to the law of assemblies and private institutions .
Participants confirmed that unions movement in Egypt is suffering from many snags due to the existence of the same unions' leaders from decades without changes. These leaders lost the ability to conceptualize according to social and economic changes. Also forgery is playing a role in the election of trade unions without judiciary monitoring and this violating Article 41 of Law 35/1976 which stated the necessary of judiciary committees existence headed by a judge nominated by the Minister of Justice .Government is controlling the association from its establishment in 1957 until now and this is considered a snag in the trade union movement.
Participants agreed with some recommendations as follows:
- Adding new amendments on trade unions No.35 -1967 and its amendments No.1-1981 and Law 12 -1995 , this amendment should be as follows :
- Stating the freedom of workers to form their union, and the freedom of union to manage its affairs without restrictions .
- Admitting with unions positions (multiplicity of unions) because the idea of forming only one trade unions is a clear violation for the democratic right of worker to choose trade unions.
- Union organization should activate social ,economic and political rights for workers.
- Supporting the right of workers to strike
- All amendments should be accepted by unions power and international covenants and the convention of organizing and union freedom which was ratified by Egypt in 1957 , and convention No98 -1949 concerning the right of organizing which was ratified by Egypt in 1954 .
- activating the mechanism of law to protect the right of workers.
- working on supporting workers rights on the international level through connecting associations and trade unions all over the world .
- spreading the culture of workers rights to be aware of their rights and to make it the base of the relation between employer and employee a work relation not a subordination relation.
- forming a parliament authority consisting of workers representatives in legislation councils irrespective of their party affiliation to adopt what labor association states.
- encouraging woman to participate in union work through urging her to be a member and to stand for union election and participating in its activities.
- supporting union and labor solidarity and protecting dismissed workers and establishing a legal office to adopt their suits and taking decisions to solve it.
- joining national and democratic power to adopt the cases of workers and farmers and of civil society.
- serious participation in illiteracy programs to develop the capabilities of workers .
|
|
