Informe definitivo - Informe núm. 202, Junio 1980

1. 216. The complaint presented by the World Federation of Trade Unions (WFTU) is contained in a letter of 17 September 1979. At its 211th Session (November 1979), the Committee recommended the Governing Body to defer consideration of this case, on the request of the Government, due to the short time which it had had to examine the allegations. The Government has communicated its observations in a letter of 28 January 1980.
2. 217. Egypt has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1948 (No. 98).

A. Allegations of the complainants

1. 218. In its communication, the WFTU stated that under the terms of the Trade Union. Act, No. 35 of 1976, trade unions elections should have been held not later than 28 July 1979, or within three years of the previous elections. The Minister of Manpower and Vocational Training, on 25 June 1979, issued Order No. 44/79, which the WFTU states was not published in the Official Gazette, thus obstructing any appeal to the Council of State for its revocation. The WFTU states that this Order infringes Egyptian legislation, the Statutes of the International Confederation of Arab Trade Unions and the international Conventions ratified by Egypt, by arbitrarily imposing successive stages aid deadlines not provided for in the Act concerning trade union elections, namely, time limits for depositing lists of candidates, for publishing the names of candidates, for making preparations for elections and publishing the final list of candidates "authorised" to stand for office, and for the election itself.
2. 219. The WFTU alleges that, although this is not required by Order No. 44/79, it has been reported in the press that the lists of candidates for trade union office must be submitted to the Attorney-General responsible for the political vetting of candidates, who has discretionary powers to deprive of their right to seek election all those he considers to be unsuitable, for political reasons, to hold trade union office. The WFTU states that it has learned from reliable sources, supported by documentary evidence, that the Attorney-General has interviewed numerous trade unionists whom the government authorities wish to prevent from standing for election, confronting them with allegations based on reports submitted by the public security services attached to the Ministry of the Interior. It states that it was on the basis of these same allegations that these trade unionists were arrested, in January 1977, after the "people's uprising". All those arrested at that time were subsequently released, either because the Public Prosecutor's Department found that there was no case against them or because they were acquitted by the Supreme State Security Court. The WFTU alleges that the public authorities are thus attempting to prevent candidates who do not subscribe to their political and social views from standing for election to trade union office, though they have not been charged with or convicted of any offence.
3. 220. In addition, the WFTU alleges that on 16 August 1979 the police arrested about 60 parsons known to hold differing opinions from those of the Government. These persons included 10 trade unionists (the names of whom were given). The Supreme State Security Court recently decided to release 38 of these persons, but this can be put into effect only if the President of the Republic does not object to it, under the terms of martial law. These persons are said to be incarcerated unlawfully in medieval underground cells in the prison of El Kalaa, under the surveillance of the services which arrested them, instead of being handed over to the prison authorities, as prescribed by law. To protest the conditions under which they are detained, they are said to have staged two hunger strikes.

B. The Government's reply

1. 221. In its observations on these allegations, the Government has stated that all stages of the trade union elections have now been carried out. The Egyptian People's Assembly passed Act No. 47 of 1979 prolonging the trade union term for four months after the term was due to end on 27 July 1979, in order to provide legal coverage for trade union elections. In accord with section 41 of the Trade Union. Act of 1976, the Sinister of Manpower and Vocational Training issued Ministerial Decree No. 44 of 1979 to regulate the trade union elections, and this Decree was published in official Gazette No. 150 of 28 June 1979. The minister also issued Ministerial Decree No. 42 of 1979, establishing a Committee to be chaired by the secretary for membership and organisational affairs of the Egyptian Trade Union Federation, and including members from the trade union movement and the Ministry of Manpower. The Committee was responsible for regulating and supervising the elections at the different levels of the trade union movement.
2. 222. The Government states that a basic principle of the procedures for trade union elections is to give the judiciary the ultimate authority in ruling over any procedures the administrative authorities may adopt. Special conditions necessitating issuing Act No. 33 of 1978 concerning the protection of the internal front, and although conditions in the country made it necessary to use this law, it still remains the right of any citizen against whom a procedure under this law might be used to contest it in court. This happened during the elections, when objections were raised against 33 persons of the 22,719 nominees to the boards of trade union Committees and their rights of nomination were denied. They applied to the administrative court which rules to annul the objections against 29 of them. The supervisory Committee of the election implemented the court's decision immediately and included the names of these 29 persons in the list of nominees, and some of them were in fact elected as members of the boards of trade union Committees.
3. 223. The Government also states that the basis of the allegations concerning the arrest of the persons mentioned in the WFTU's complaint is of a political nature. These persons were accused of matters which had no relation to their trade union activities. The entire matter was in the hands of the judiciary, and they faced no special procedures or detention. All these persons have been released, some of them were nominated in elections of boards of professional associations held in January 1980, and some have been elected. Trade unionists face no exceptional procedures or detention because of their trade union activities, and can correct infringements of these rights by applying to the courts.

C. Conclusions of the Committee

1. 224. The Committee notes that the complainant alleges infringement of the right of trade unions freely to elect their officers, by delaying the elections, by the imposition of administrative restrictions not required by law and by making candidature to trade union office subject to approval by the administrative authorities on the basis of political views. It also alleges the arrest of trade unionists.
2. 225. With regard to the allegations concerning the delay of the elections, the Committee notes that these elections were delayed by a period of four months, but that the decision to do so was taken by the legislature, which had the power to amend previous legislation. In addition the Committee notes that, contrary to the allegations, the Government indicates that the relevant legislation was published in the Official Gazette. Under these circumstances, the Committee considers that the fact of the delay did not substantially impair the right of free elections.
3. 226. With regard to the regulation of elections by the Government the Committee notes that Ministerial Decree No. 44 of 1979 issued by the Minister of Manpower and Vocational Training for the regulation of the elections would seem, on the basis of the information before the Committee, to have been issued in accordance with section 41 of the Trade Union Act, which provides in part, "the dates for the submission of candidatures and the procedures to be observed in the holding of elections to the authorities of trade union organisations shall be laid down by order of the competent minister, with the approval of the Confederation of Trade Unions".
4. 227. In this respect, the Committee recalls that control of trade union decisions should rest with the judicial authorities and that if a government regulates trade union elections too closely, this may be considered to limit the right of trade unions freely to elect their own representatives. In this case, the Committee notes that a Committee which is chaired by a representative of the trade unions was responsible for the actual conduct of the elections, and notes the statement that it is a basic principle of the Government that the final authority rests with the judiciary.
5. 228. As concerns the allegations concerning the intervention of the Attorney-General in the approval of candidates for the elections, the Committee recalls the importance which is attached to Article 3 of Convention No. 97, ratified by Egypt, which sets out the right of workers' organisations freely to elect their own representatives, which is an indispensable condition for them to be able in fact to act in full freedom and to promote the interests of their members. For this right to be acknowledged fully, it is essential that the public authorities refrain from intervening, which might interfere with the exercise of this right, whether it be in determining conditions of eligibility of leaders or in the conduct of the elections themselves.
6. 229. The Committee also notes from information furnished to the Committee of Experts that a tripartite Committee is examining the revision of the trade union legislation. The Committee therefore hopes that the new legislation now under consideration will take the above-mentioned principles more strictly into account.
7. 230. Finally, the Committee notes the Government's acknowledgement of the arrests of the persons referred to in the complaint, and notes the statement that they have all been released. The complainant alleged only that they had been arrested for holding different opinions from those of the Government, but did not allege that they were arrested for their trade union activities, while the Government stated that they were arrested for actions unconnected with their trade union activities. The Committee considers that this point does not call for further examination.