The People’s Revolution and the Dream of Democracy (2) (CTUWS 2013)


The Revolution and the Dream of Democracy (2)
Freedom of Labor Unions under MB Regime

Center for Trade Union and Workers, August 19th, 2013:
Egyptian Laborers were the triggers of January 25th, 2011 revolution, a revolution that granted MB and Ex. President Mohamed Morsi, the opportunity to rule Egypt on 30th of June last year. Since then, protesting workers who were calling for their legitimate rights have been accused by MB leaders of betrayal and conspiring against Morsi. Moreover, they have been equally oppressed as in Mubrak’s regime. Workers on strike at Alex Cement company have been even attacked by police dogs, where as their leaders are being criminally trailed, knowing that tens of union leaders have already been sentenced while hundreds of the independent unions leaders them have been fired.
On the legal side, laws curbing laborers rights have remained the same. Moreover, the MB government has drafted additional laws against freedom of labors to mimic Mubarak’s system. Early after the success of January 2011 revolution, the MB’s hostility against labors’ freedom bas became obviously clear. Though they started discussing the law of Unions freedom claiming they are pro labors rights to establish free unions, they gradually worked against labors rights. Though they formed the majority of the people assembly resolved in 2012, the MBs blocked the law of unions’ freedoms that have been impeded before by the SCAF.
However, Egyptian workers have managed to practice their rights and established more than 1200 independent union. Even after Morsi had become the president, the MB contoured to deviate and avoided enacting the law for almost a year. Consequently, Egypt has been listed in the black list of International labor Organization (ILO) as one of the countries not respecting labors rights as per the International Labor Congress No 102 in 2013.
Even when the MB president Morsi has issued the autocratic constitutional declaration on November, 21st, 2012 claiming to protect the revolution, he continued to attack labor rights and issued a six clauses law of the revolution protection, where clause No (2) stipulates the establishment of a special prosecution that can arrest people for 6 months as per clause No (5). Unsurprisingly, clause No (4) stipulates crimes under the law and labors had the biggest share of them. The law has equally treated labors, killers and enemies of the revolution. Clause No (4) states that “ The prosecution of the revolution protection or whoever nominated by the General prosecutor is in charge of investigating crimes indicated in the clause No (1) in addition to crimes stated in (section No 7 ,12, 13 and 14 of the second volume and No 15 and 16 of the second volume of the criminal law). Revising these section, we found that in include the right to go into strikes as called by the law “violating the work right” , a crime that worth one year of prison and a LE. 100 fine.
The president has not been satisfied with the all articles in the criminal law that laborers are calling for their cancelation, but he also added a special prosecution capable of arresting laborers for 6 month before trials and treated a protesting worker equally as criminals and corrupted members of the old regime.
Unexpectedly, the ousted president has issued his constitutional declaration, and on the same day issued law No. 97/2012 to modify the trade union law No 35/1976 as published in the official news paper edition No 47 on November, 24th, 2012. The cabinet has approved the modifications in its session held on Wednesday, October 17th, 2012.
The modifications entail getting rid of unions board members who are above the age of sixty, to be replaced by their successors in the last election. If this was not feasible, the higher levels then should appoint the board as per a degree from the minister in charge. Since most of the public unions have witnessed uncontested elections, now the unions’ board members would be appointed by current board of the Egyptian trade union Federation ETUF that has been dominated by the MB.
Based on the mentioned law, the MB has started controlling labor unions by the MB Minster of Manpower. Khaled Al Azhary. A clear example of this was the Public Union of Petroleum Sector Labor. The board of the union has decided to freeze it membership in the ETUF after imposing 8 MB unionists as per the directions of the MB Minister.
Workers cannot also forget the relapse of the MB constitution that has been compulsorily passed on December 25th, 2012 against which Millions of Egyptians including labors have protested. It is worth mentioning that labors have been totally excluded from the Constituent Assembly that worked on the creation of the defamed constitution. So, the constitution becomes not only against laborers rights but also it abandons all social and economic rights. The constitution unleashes MB’s hostility to liberty, as it blocked the right to establish unions, eliminates press freedom and even surpasses the conditional court. The constitution destroys the state of law and gets rid of the article No 33 that guarantees equality between citizens away from origin, language, religion and beliefs; rights that have been settled since the consultations of 1923. Again, the constitution in article No (14) stands against social justice as it links wages to production, the fact that would empower companies owners to unfairly treat employees. As per the article No (52), the state has been granted the right to dissolve a union. This weird and undemocratic statement violates agreements of the a International Labor Organization (ILO) No 87 and 98 that are signed by Egypt for the protection of laborers rights to establish their unions. Ironically, article No (64) allows for compulsorily work, while article No (70) allows for children’s work, knowing that both articles violates the entire well known international agreements.
Workers at the Ministry of Industry and foreign trade cannot also forget the degree of the MB Minister; Hatem Saleh, on September 6th, 2012 who banned all forms of protests and strikes in all agencies related to the ministry. The degree has also allowed only for legal paths and complains through documents. It even entails Sectors’ Heads the right to start immediate interrogation with those who go into strikes and even enables for their dismissal.
The Center for Trade Union and Workers asserts that the 30th of June revolution is a amendment for the path of the 25th January that has been stolen by a political sect working against freedom and hostile to labor rights and even standing against the whole Egyptian social and economic rights. Laborers are calling once again for participating in the creation of the future of the beloved country and they would sustain their strive for freedom, social justice and human dignity.
CTUWS
19/8/2013