Los Jueces Del Tribunal Constitucional: Las Elecciones Del Sindicato No Son Constitutional

The Constitutional Court Judges: "Trade Union Elections are Not Constitutional"

In its session held yesterday Saturday 31st March 2012 the Constitutional Court ruled that Article No. 11 of the Decree of the Minister of Manpower and Training No. 146 for the year 1996 is not constitutional. The Article stipulated that the Branch Elections Committees shall be presided over by an officer from the Ministry or its regional administrations and comprise two members chosen by the Committee’s president from the general assembly members.

The Court elaborated in its judgment that the appealed Decree did not observe the provision of Article No. 41 of the Trade Unions Law No. 35 for the year 1976 and that the Decree has amended its provision, dispensed with it, deranged its purpose and aborted its content. As a consequence, the Decree is blemished and contravenes Article No. 144 of the Constitution.

Thus the Constitutional Court promotes the principle of transparency and fairness in trade union elections; a principle which was disregarded by the “governmental” trade union federation and the ministers of manpower. The enforcement of the court judgment means that all the existing formations of the Egyptian Trade Union Federation ‘ETUF’ are considered dissolved by law and that all their legal and financial actions should be considered null and void and their officers must be held accountable for their actions. It will be necessary to issue a disclosing ministerial decree to solve ETUF’s existing councils and institutions and to form temporary committees to manage their affairs. The decree must also emphasize the urgent need to treat the historical legal defect and to issue the Law on Trade Union Freedoms.

The Egyptian Democratic Labour Congress considers the judgment of the Constitutional Court a new emphasis that the present trade union situation is illegal and that the Egyptian workers have suffered for decades from this illegal situation. This judgment must be enforced properly. The Minister of Manpower should issue the necessary decisions and procedures to disclose the corruption of ETUF’s formations, dissolve them and prevent them from representing the Egyptian workers and handling their affairs and funds.

The Egyptian Democratic Labour Congress

Sunday, 1st April 2012

It was decided to establish the Egyptian Democratic Labour Congress as follows:
- Complete alignment with the Egyptian workers’ right to establish their trade unions freely and without any trusteeship independent from the state, businessmen and political parties); struggle for the full achievement of this right, removal of all the legal restrictions imposed on this right during the past decades and removal of all administrative restrictions which restrict the exercise of this right.
- Complete alignment with the fair labour standards as provided by the International Labour Conventions, struggle for their proper implementation in our country and action to guarantee the Egyptian workers’ right to defend their interests and rights through strike, collective negotiations and collective labour agreements.
- Adherence to the principles of trade union freedoms including non discrimination between the workers for any reason, the workers’ guaranteed right to establish trade unions, the right to join / withdraw from a trade union (if multiple) and the right of trade unions to form and withdraw from federations. The founders of this Congress reject the deprivation or exclusion from any trade union right, refuse coercion to join or withdraw from trade union membership or forcing any trade union to join or withdraw from an existing federation.
- The founders of this Congress shall do their best for the sake of strong and effective trade union unity and act for building a strong and effective trade union organization (federation / confederation) which combines considerable percentage of the workers categories in the main labour sectors,
- The Egyptian Democratic Labour Congress combines the trade unions participating in its first founding meeting and the labour blocks of the big industrial companies of the public business sector which aspire to liberate trade unions from forced membership in ETUF, build unity upon democratic foundations and enable workers to establish their effective trade unions and federations which represent the workers’ majority.
- The Congress calls for immediate issuance of the law on trade union freedoms which guarantees for the Egyptian workers all the afore mentioned rights. The Congress calls upon the Egyptian ,society with its democratic and political powers, to consolidate with it in order to achieve these demands. The Congress emphasizes the pivotal importance of trade union rights in building and developing the democratic Egyptian society, establish trade unions to activate societal negotiations and achieve social justice which is necessary for social equilibrium and stability. The Congress, together with the participating civil society organizations will organize a vast lobbying campaign calling for immediate adoption of this law.

A Call for Solidarity:

Tomorrow morning 8th of April 2012 is to look at Kamal Abbas' opposition on the verdict that has been issued

in absentia to him by the Misdemeanor court in Helwan to six months imprisonment

Tomorrow, Sunday 8th of April 2012 is to look at Kamal Abbas' opposition on the verdict that has been issued in absentia to him by the Misdemeanor court in Helwan to six months imprisonment.

The verdict that has been issued in absentia (in the case NO. 988 for the year 2012) by a Misdemeanor court in the city of Helwan to Kamal Abbas, the general coordinator of CTUWS, to six months imprisonment for “insulting a public officer, who is Ismail Ibrahim Fahmy, the ex-Acting President of the Egyptian Trade Union Federation (ETUF) ” during his speech of the delegation of (ETUF), at the Session No. 100 of the International Labour Organization (ILO) in Geneva, is appealed and a hearing tomorrow 8th of April, 2012 to look at Kamal Abbas' opposition on the judgment.

The Egyptian Democratic Labour Congress (EDLC), several of Independent Trade Unions, Human Rights Activists and Trade Unionists called to assemble and stand together in front of the courtroom tomorrow morning, Sunday 8th of April 2012 to express solidarity with Kamal Abbas and refuse to apply imprisonment sanctions on the Egyptian civilians in opinion issues on the basis of legal materials that worth cancellation because of the violation of expression freedoms and human rights.

CTUWS thanks all who are in solidarity from Democratic, Labour and Trade Union Forces.. And again calls for solidarity during looking at Kamal Abbas' opposition on the imprisonment judgment tomorrow morning.. CTUWS is Confirming its democratic struggle continuing - which will not discourage it anything for the right of Egyptian workers in building their independent trade union organizations that are not headed by "public officials", and all the democratic rights of the Egyptian people in various sectors and Factions.

For solidarity, presence during looking at Kamal Abbas' opposition on the imprisonment judgment tomorrow morning in front of the Misdemeanor court in Helwan.

Court of Helwan- Sherif Street- Helwan. Sunday's session, 8th of April 2012 at 9 am.

CTUWS

Saturday, 7th of April 2012