A Full Conspiracy against Trade Unions Freedom:You can protect a
notorious Law, but history will never go backward
From: Center for Trade Unions & Workers Services (CTUWS) :
Egyptian Democratic Labour Congress (EDLC) (edlc.labourcongress@gmail.com)
A Full Conspiracy against Trade Unions Freedom
You can protect a notorious Law, but history will never go backward
During a session held on Wednesday, October 17, 2012 the government has intended to intensify its campaign against trade unions freedom. The campaign has reached a serious upsetting stage when the government has approved to amend law #35/1976 instead of enacting the new law that should guarantee Egyptian labours’ rights.
All through the past two months, the labour and trade union realm has witnessed continuing maneuvers and manipulations against labours’ liberties. Same as the old regime used to, the government kept disclosing amendments then negate them all. Wide discussions have been misleadingly conducted to convey a message that a social dialogue is taking place. Nevertheless, everyone has been surprised with a premade law formulated solely at the backstage.
The new Egyptian government and the Minister of Manpower and Immigration are intentionally trying to abort the long history of the Egyptian labours’ struggle. Following the same practices of the pre January 2011 revolution, the government and the Minister are depriving the Egyptian labourers of their social rights they became close to through the Egyptian revolution.
Before the January revolution, and since December 2006, Egyptian Labours protests have not stopped calling for establishing independent democratic unions, while refusing the sole formal union imposed by law. Thus, the struggling Egyptian labourers who initiated Mubarak’s fall, have managed to attain international support. In 2008 and 2009, the International Labour Organization General Assembly has discussed the deteriorating conditions of Egyptian Trade Union Freedom. Consequently, the Egyptian government has been forced to promise cancelling law #35/1976. Such law completely disregards the basic work criteria and contradicts with all agreements signed by the Egyptian government. Before the January revolution, Egyptian labourers have succeeded to abolish all restrictions limiting their union freedom and managed to establish their independent unions. To attain this, Egyptian labourers have paid the bill; they got imprisoned, terminated and murdered. History witnesses martyrs of Iron and Steel in 1980, martyrs of Kafr Al Dawar 1994 and martyrs of Mahalla in 2008.
Egyptian Labourers have not started their struggle during January revolution. On the contrary, they have initiated protests and were pioneers. Thus, they will never retreat till they attain their full rights in establishing their independent unions. Egyptian laboureers will continue their struggle to eliminate al forms of repression so that they won’t return to sleeping by People Assembly and the cabinet premises to be listened and answered.
The hard lesson of the revolution should be remarkable for all arrogant officials who have always believed they would never fall. The revolution was a logical consequence of the unbalanced conditions of the Egyptian society, a condition that has pushed millions of Egyptians to protest believing that things would not remain the same. Unfortunately, those millions are still at rage, they could not believe that after all bloodsheds; they are still calling for their rights.
On the other hand, the Minster of Manpower and Immigration, who is also a board member at the Egyptian Trade Union Federation, is only bothered by the Federation issues and its election cycle. Same as before, the formal union institution does not pay any attention to the labors’ real sufferings and their social demands.
Immediately after being in charge, the new government has started oppressing Egyptian labourers and maltreated independent unions’ leaders. During the past three months, unprecedented numbers of labourers have been terminated including complete union boards. Same as Mubarak’s days, we are back to prosecution summons after each strike. Again, we are witnessing lawsuits against labourers on strike referring to article # 124 of the criminal law; an article that has been fortunately cancelled 25 years ago.
The new Egyptian government perceives labourers movements and protest only as opposing actions as if they know nothing about the brutality of the economic life labourers are going through. The government is calling for quiet and patience without disclosing any plans or roadmaps showing a real support for social justice issues.
The Egyptian government stands clearly against independent unions and continually urging labourers to withdraw from them. Business owners refuse to negotiate with independent unionists claiming they are illegitimate as notified by the government. Consequently, negotiations are halted, disputes are getting complicated and labourer’s conditions are deteriorating into more feelings of oppression, injustice and negligence. According to the government, there is no urgency for enacting a law to protect labourers against termination or empower them to call for their rights or even to establish channels for group negotiations and thus solving labour disputes. According to the government and the minister, it is not a priority to enact a law that has been approved a year before by the cabinet. While the government calls the president to use his exceptional legislative power to amend law #35/1976, it is unable to urge him to utilize the same power for enacting the required law.
The campaign against labour’s freedom now is taking a serious and dangerous drift, whereas the Moslem Brothers’ plans against the labour movement became more apparent.
The Moslem Brothers deny labors and other social classes’ rights to defend their interests. They are against their trials to strengthen their negotiation power. Moslem Brothers are completely in harmony with the formal union institution; the Egyptian Trade Union Federation. They use the same old approach and keep claiming that independent unions are harming labors unity and thus they are fighting for keeping the federation as a tool for labors’ oppression.
The Moslem Brothers deny labourer’s right to choose and form their unions independently. They claim they are against pluralism for the sake of unity while they are prosecuting labourers and preparing a law to squash labours’ right to protest and diminish the whole labour movement.
The Moslem Brothers want to keep the formal union institution and the sole ruling party while replacing current leader with theirs.
Accordingly, it is logical that they use the president’s exceptional legislative power to amend law #35/1976.
The specially designed amendment expels retired labourers from unions and their boards. Voting rights are transferred automatically to the subsequent winners at the previous elections. If this were not valid, higher authorities would be in charge of appointing the new members as per a ministerial decree.
Since the majority of current unions have witnessed win by accumulation cases, where neither votes nor election have been utilized, it is expected that the federation would select the union board members.
The amendment guarantees the right to establish an independent union as per Trade Union Freedoms Declaration of March, 12 2011. However, it limits this right to organization with no former unions.
It became obviously apparent that there is a plan to trim the independent labour movement to pave the way for a complete oppression for labour’s rights. Ongoing trials to form administrative committees reporting to the federation are taking place; whereas the Minister keeps dividing independent unions and describing most of them as illegitimate.
The issue of the Egyptian Trade Union Federation election cycle is not a rational excuse to amend the current trade union law. It is illogical that the cabinet pays attention to such issue while completely ignoring the group termination of independent unions’ leaders and disregard enacting a law that would solve all unions’ issues.
Finally, it is worth mentioning that law #35/1976 and its amendments had already fallen when the old regime promised to cancel it for the sake of enacting a law abiding by international labor standards. It has fallen by the admission of the post revolution governments which have authorized issuing a new law for union freedom. It has fallen by the acknowledgments of all stakeholders who have participated in the inclusive social dialogue conducted by the Ministry of Manpower and Immigration on June and July 2011. This notorious law has fallen, and the current government should be responsible for the consequences of its revival, knowing that history never goes backward.
October 18, 2012
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The Center for Trade Unions and Workers Services (CTUWS) – Honored the French Republic’s Human Rights Prize- is an Egyptian non-governmental organization established in March 1990 by some labor leaders and activists guided by their experience in the Egyptian labor movement. They vowed to meet the urgent need to form an independent organization that advances and supports the needs of workers in a democratic manner, provide direct support and services to the workers and fill the void created by the “official” trade union organization which failed to achieve its fundamental obligations.
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