Effect given to the recommendations of the committee and the Governing Body - Report No 356, March 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 17. The Committee last examined this case, which concerns legislation prohibiting government employees from establishing trade unions of their own choosing, at its June 2009 session. On that occasion the Committee, recalling once again that all public service employees (with the exception of the armed forces and police) should be able to establish organizations of their own choosing to further and defend their interests, once again strongly urged the Government to take the necessary measures without delay to amend article 10 of the Trade Union Act in accordance with this principle. It further recalled that technical assistance of the Office was available in this regard. The Committee also expressed the expectation that the Government, pending the amendment to article 10 of the Trade Union Act, would take appropriate steps to compensate Ms Najjeyah Abdel Ghaffar for the periods of suspension without pay imposed upon her, and to ensure that no further disciplinary action was taken against her or other members of public sector trade unions for activities undertaken on behalf of their organizations [see 354th Report, paras 13–18].
2. 18. In a communication dated 26 October 2009, the Government states that the legislative authority was considering the introduction of amendments to the provisions of Decree No. 33 of 2002, which are expected, once they have been adopted, to grant new rights to trade unions.
3. 19. The Committee notes the Government’s indication that amendments to the Trade Union Act (Decree No. 33 of 2002) are currently being considered. Recalling that it has been commenting upon the need for legislative reform for over 4 years now, the Committee once again strongly urges the Government to take the necessary measures without delay to amend article 10 of the Trade Union Act so as to ensure, for all public service employees with the exception of the armed forces and the police, the right to establish organizations of their own choosing. It once again emphasizes that technical assistance of the Office is available in this regard. The Committee deeply regrets that the Government provides no information on its previous comments concerning Ms Najjeyah Abdel Ghaffar. It once again strongly urges the Government to take the appropriate steps, pending amendment to article 10 of the Trade Union Act, to compensate Ms Ghaffar for the periods of suspension without pay imposed upon her, and to ensure that no further disciplinary action is taken against her or other members of public sector trade unions for activities undertaken on behalf of their organizations.