Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information contained in the Government's report and the information provided to the Conference at its 79th Session, as well as Decision No. 29 taken by the 22nd Congress of the General Federation of Workers' Union which affirms that the Congress is attached to national trade union unity. The Committee notes with interest that a draft legislative Decree to amend the provisions of Legislative Decree No. 84 of 1968 on trade unions, in order to bring it into conformity with the Convention, has been prepared and was submitted to the Council of Ministers on 28 May 1992. This draft text includes the following changes:

(1) each trade union shall be governed by its own by-laws without any requirement that they correspond to the model established by the General Federation of Workers' Unions (section 22(a));

(2) non-Arab foreign workers have the right to freely join a trade union in their occupation, since the condition of reciprocity has been repealed and the residence requirements abolished by Legislative Decree No. 30 of 1982 (section 25);

(3) the resources of occupational federations shall be constituted through the voluntary participation of trade unions (section 56);

(4) the repeal of section 32, which required the prior agreement of the General Federation and the approval of the Ministry for a union to be able to accept donations and inheritances or give up a part of its assets;

(5) the repeal of section 35, which provided for the Ministry to exercise financial control over all levels of trade union organization;

(6) the repeal of section 36, paragraphs 2, 3, 4 and 5, which makes it compulsory for trade unions to allocate a percentage of their actual resources to higher trade union organizations;

(7) the repeal of section 44(b)(4), which makes it compulsory for a trade union officer to have actually exercised the occupation for a minimum period of six months;

(8) the repeal of section 49(c), which gives the committee of the General Federation the right to dismiss the officers of any trade union organization under certain conditions; and

(9) section 38 bis is added to the text of Legislative Decree No. 84, as amended, and provides that the assets of workers' trade union organizations, the services that they provide and their other operations and property are exempt from taxation of all types.

The Committee nevertheless notes that there are still divergencies between the national legislation and the Convention on the following points:

- sections 3, 4, 5 and 7 of Legislative Decree No. 84 of 1968, which organizes the structure of trade unions on a single union basis;

- section 2 of Legislative Decree No. 250 of 1969 regarding craftsmen's associations and sections 26 to 31 of Act No. 21 of 1974 regarding peasants' cooperative associations, which impose a single trade union system;

- sections 6 and 12 of Legislative Decree No. 250 of 1969 restricting the free administration and independence of management of trade unions; and

- section 160 of the Agricultural Labour Code of 1958 prohibiting strikes in the agricultural sector.

The Committee regrets that measures have not been taken to amend the provisions in the national legislation which organize the single trade union system. It recalls that, under Article 2 of the Convention, workers, without distinction whatsoever, and without previous authorization shall have the right to establish and join organizations of their own choosing. It also recalls that this Article is not intended as an expression of support either for the idea of trade union unity or for that of trade union pluralism; pluralism, however, should remain possible in all cases.

Since a government representative stated to the Conference Committee that there is in practice trade union pluralism in his country, the Committee requests the Government to bring its legislation into conformity with practice and the Convention by eliminating from its legislation the many references to the single central trade union organization designated in law as the General Federation of Workers' Unions (FGST).

With regard to Legislative Decree No. 250 of 1969 regarding craftsmen's associations, the Committee considers that the Government should take measures to amend the provisions which conflict with the Convention before requesting, as suggested by the government representative, craftsmen's associations to amend their by-laws.

The Committee also notes that, according to the government representative, the draft amendment to the Act respecting peasants' associations includes a provision to repeal section 160 which makes it unlawful for agricultural employers and tenant farmers to suspend agricultural work on their land and for agricultural workers to go on strike.

The Committee once again emphasizes that it is most important that legislation should not deprive trade union organizations of the right to strike, as this is one of the essential means by which they can promote and defend the occupational interests of their members.

The Committee requests the Government to indicate in its next report the date of coming into force of the draft text to amend the provisions of Legislative Decree No. 84 of 1968 and of the draft amendment to the Act regarding peasants' cooperative associations. It also requests the Government to indicate the other measures which have been taken to bring the whole of its legislation into conformity with the Convention.