Informe definitivo - Informe núm. 13, 1954

A. A. The complainants' allegations

1. 90. In a communication dated 15 August 1952, the complainant alleges that brutal attacks were made by the Egyptian military and police on textile workers in Alexandria on 13 August 1952 because they demonstrated against the dismissal of some of them and in favour of wage increases. Some workers were killed, hundreds injured and about 700 arrested to be tried before a military court. The Government, it is alleged, aimed to stifle the workers' movements by these methods. The complainant protests against this action, which, it is contended, is meant to crush all aspects of democratic freedom, and appeals for intervention to secure the release of the arrested workers and the respect in Egypt of trade union rights and democratic freedoms.
   • ANALYSIS OF THE REPLIES
2. 91. In its original reply, dated 8 September 1953, the Government states that " the events on which the allegations were based proved to be without any foundation ", that the allegations are vexatious and submitted for mere propaganda by an organisation " in hostile Israel ", and that the Government objects to them being discussed.
3. 92. On examining this reply at its Seventh Session (November 1953), the Committee decided to request the Egyptian Government for further information with respect to the specific allegations raised by the complainant. The Director-General wrote accordingly to the Egyptian Government on 4 December 1953, and the Government replied by a letter dated 6 March 1954. As this reply was not received in time for it to be considered by the Committee at its Eighth Session (March 1954), the Committee decided, at that session, to adjourn its examination of the case until the present session.
4. 93. In its second reply the Government contends that the complaining organisation cannot be recognised from the international point of view, that its allegations are meant for political propaganda and, therefore, that they do not fall within the jurisdiction of the I.L.O. The allegations were made when Arab workers, as the result of Israeli aggression, were homeless refugees or, remaining in Israel, were denied the rights guaranteed to Jewish citizens, and at a time, according to the Government, when Israel was committing acts of aggression on the Egyptian frontier and violating United Nations resolutions and I.L.O principles. Nevertheless, the Government expresses its willingness to give information to clarify the position.
5. 94. The incidents complained against took place at Kafr El-Dawar and not in Alexandria as alleged. They were occasioned by agitators in an attempt to spread trouble, which was immediately condemned by all Egyptian labour organisations. No list of demands had been submitted by the textile workers concerned at the Misr Textile Mill at Kafr El-Dawar as alleged nor had the employers any intention of discharging their workers. The Government points out that two days earlier other textile workers in the same area had presented demands to another employer and an amicable settlement had been reached. The same course would have been followed with respect to the workers employed by the Misr Textile Mill if they had had any demands to present.
6. 95. Persons concerned in the incidents, the majority of whom were not workers, were tried by the court for criminal offences, such as premeditated murder, arson, looting, larceny, resisting the police, etc. The crimes mentioned cannot be related to industrial relations questions and the measures taken by the competent authorities in dealing with the incidents which occurred did not, either directly or indirectly, affect trade union rights. None of the accused was a member of any union or union executive in any plant in the area, and, in fact, the election of the executive of the Misr Textile Mill workers' union took place in full freedom following the incidents complained of.
7. 96. The Government declares that it is not failing to respect trade union rights as alleged. It is in course of ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). Moreover, the Trade Union Act of 1952 has ended administrative registration of trade unions by providing for court proceedings if there is any objection to a union being formed, places the question of union suspension or dissolution in the jurisdiction of the courts instead of the administrative authorities, and recognises the right to organise of workers in industry, commerce, agriculture and services without discrimination ; trade union activities and meetings are undertaken freely without undue intervention by police or security authorities ; trade unions may form federations and one Confederation ; union security and union shop provisions are guaranteed. Another Act of 1952 protects trade unionists from victimisation and provides for their reinstatement by order of the court if they are wrongfully dismissed. As a result of this legislation trade union membership in Egypt rose from 159,608 in 1952 to 265,192 in 1953.
8. 97. The Government concludes by affirming the adherence of the new régime to the principles of trade union freedom and protection.

B. B. The Committee's conclusions

• Preliminary Question as to the Receivability of the Complaint
  98. 98 The Government considers, firstly, that the complaining organisation " cannot be recognised from an international point of view " and, secondly, that the allegations are " meant for political propaganda ". Consequently, the Government argues that the case " from the formal and procedural point of view " does not fall within the jurisdiction of the I.L.O.
  99. 99 With regard to the first point, according to the decisions adopted by joint agreement in 1951 by the Economic and Social Council and the Governing Body of the International Labour Office, the only complaints receivable, with the exception of those officially transmitted to the I.L.O by the United Nations, are those which come either from organisations of workers or employers or from governments. In the present case the Committee considers that the complaint has been presented in due form by a trade union organisation and that it is, for that reason, receivable.
  100. 100 With reference to the issue of political hostility raised by the Government, the Committee formulated certain principles in its first report with respect to the examination of complaints to which the government concerned ascribes a purely political character, and, in particular, decided that, even though cases may be political in origin or present political aspects, they should nevertheless be examined from the point of view of substance if they raise questions directly affecting the exercise of trade union rights. A number of cases of this kind have already come before the Committee, which has always examined them according to this principle, although, in many of these cases, it has then reached the conclusion that the allegations made have been so purely political in character as to make it undesirable to pursue the matter further.
  101. 101 The Committee has already examined, in an earlier case, a complaint presented on behalf of the complaining organisation in the present case against the Government of Israel.
  102. 102 In the present case the complainant raises certain issues which affect the exercise of trade union rights, for example an alleged attack on workers demonstrating against dismissals and in favour of wage increases and the general allegation that the Government is not respecting trade union rights.
  103. 103 In these circumstances, the Committee considers that, without prejudging the merits, it should examine the case, whatever the complainant's actual motives may be.
• Allegations relating to Infringements of Trade Union Rights
  104. 104 The complainant contends that the Government, " aiming to stifle the workers' movements ", used the military and police in Alexandria against workers demonstrating against dismissals and in favour of wage increases, some being killed, many injured and many more arrested and tried by a military court, and appeals for intervention to ensure the respect of trade union rights in Egypt. The Government states that the complainant is wholly inaccurate, the incident in question having occurred at Kafr El-Dawar, the majority of those concerned not being workers and none of them being members of a trade union in any plant in the area, no dismissals having been contemplated and no demand for a wage increase having been presented, and adds that all the prosecutions undertaken were on the ground of specified criminal offences, such as murder, arson, larceny, etc. The Government adds that the workers at the premises where the incidents occurred proceeded, after the disturbance, to elect their union executive in full freedom. In conclusion, the Government states that it is considering the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98)--a statement which the Committee notes with interest-and refers to the provisions of its trade union legislation in support of its contention that trade union rights are respected in Egypt.
  105. 105 The complainant gives no details as to the alleged dismissals, as to the presentation of any demands for higher wages or negotiations thereon, or as to the trials of persons who were arrested, and, apart from the question of the demonstration on 13 August 1952 in connection with which the incidents complained of took place, does not cite evidence in support of the demand for intervention to secure respect for trade union rights in Egypt. The Committee considers, therefore, having regard to these considerations and to the Government's statement that all the prosecutions were undertaken for a number of criminal offences, that the complainant has not offered sufficient proof that the measures taken on the ground of maintaining public order violated trade union rights or that intervention is called for to ensure respect for trade union rights.