Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information supplied by the Government in its latest report. It further notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention and requests the Government to transmit its observations thereon.

The Committee recalls that it has been commenting for many years on the following legislative provisions:

-  section 18(a) of Legislative Decree No. 84, as amended by section 4(5) of Legislative Decree No. 30 of 1982, which authorizes the Minister to set the conditions and procedures for the use of trade union funds;

-  sections 3, 4, 5 and 7 of Legislative Decree No. 84, sections 4, 6, 8, 13, 14 and 15 of Legislative Decree No. 3 amending Legislative Decree No. 84, section 2 of Legislative Decree No. 250 of 1969 and sections 26 to 31 of Act No. 21 of 1974 establishing trade union monopoly;

-  section 44(3)(b) of Legislative Decree No. 84 subjecting eligibility for trade union office to Arab nationality;

-  section 1(4) of Act No. 29 of 1986 amending Legislative Decree No. 84 which determines the composition of the congress of the federation and its presiding officers;

-  sections 330, 332, 333 and 334 of Legislative Decree No. 148 of 1949, issuing the Penal Code, restricting the right to strike by imposing heavy sanctions including imprisonment; and

-  section 19 of Legislative Decree No. 37 of 1966, concerning the Economic Penal Code, which imposes forced labour on anyone causing prejudice to the general production plan decreed by the authorities, by acting in a manner contrary to the plan.

The Committee notes the Government’s statement generally that it engages in dialogue and consultations with workers’ and employers’ organizations with the aim of amending the legislation on trade unions so as to bring it into conformity with the Convention. The Government adds, however, that legislative amendments need time and careful examination.

With respect to section 18(a) of Legislative Decree No. 84, as amended by section 4(5) of Legislative Decree No. 30 of 1982, the Committee notes the Government’s statement to the effect that, in practice, the General Federation’s mandate is to determine and set down the conditions relating to the use of trade union funds in financial, industrial and service-related matters and that the Minister shall sign without amending any of the proposed provisions. The Government further states that it has addressed the General Federation with a view to amending this section. The Committee requests the Government to keep it informed of any progress made in this respect.

With regard to the legislative provisions establishing trade union monopoly, the Committee notes the information provided in the Government’s reports for several years, that the workers and employers support the principle of trade union unity in order to maintain their organizational strength. The Committee further notes the Government’s statement that in spite of refusal by the workers’ and employers’ organization of the idea of multiple unions, it has transmitted the request of the Committee to the social partners. The Committee requests the Government to keep it informed of any progress made in this respect.

With reference to its previous comments, the Committee expresses the hope that measures will be taken at the earliest possible date to bring the national legislation concerning trade union monopoly, restrictions on non-nationals and penal sanctions for exercising strike action into full conformity with the Convention. The Government is asked to provide information in its next report on progress made in this respect and to send copies of any amended laws. The Committee further asks the Government to indicate in its next report whether the right to organize of public servants is regulated by legislative provisions and, if so, to provide copies of them.