Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 363, Mars 2012

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

1. 18. The Committee last examined this case, which concerns legislation prohibiting government employees from establishing trade unions of their own choosing, at its March 2010 session. On that occasion the Committee, noting that amendments to article 10 of the Trade Union Act were being considered, again urged the Government to take the necessary measures without delay to amend this provision 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 emphasized that technical assistance of the Office was available in this regard. In the absence of information on its previous comments concerning Ms Najjeyah Abdel Ghaffar, the Committee again urged 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 [see 356th Report, paras 17–19].
2. 19. In a communication dated 20 September 2011, the Government states that any amendments to national legislation would require significant constitutional measures, and reiterates that the amendments to the provisions of the Trade Union Act (Decree No. 33 of 2002), which granted additional rights to trade unions, had been referred to the legislative authority consisting of the Parliament and the Consultative (Shura) Council for consideration. According to the Government, while the legislative authority was considering these amendments, the recent regrettable events in the country have unfortunately contributed to the disruption of the work of the Council which has been very much occupied by the political situation. The Government hopes that the amendments will be put before the legislative authority at its next session. Furthermore, the Government indicates that Ms Najjeyah Abdel Ghaffar obtained an award of the higher appeal court by virtue of which the disciplinary decision issued previously against her has been cancelled.
3. 20. The Committee notes with interest the information provided by the Government according to which, by virtue of an award of the higher appeal court, the disciplinary decision previously issued against Ms Najjeyah Abdel Ghaffar has been cancelled. The Committee requests the Government to confirm that Ms Ghaffar has been adequately compensated for the periods of suspension without pay imposed upon her, and firmly expects that, pending the amendment to article 10 of the Trade Union Act, the Government would take appropriate steps to ensure that no further disciplinary action was taken against other members of public sector trade unions for activities undertaken on behalf of their organizations.
4. 21. Furthermore, the Committee notes the Government’s indication that the recent events and political situation in the country have resulted in the disruption of the work of the legislative authority and that it is hoped that the amendments will be put before it at its next session. Recalling that it had been highlighting the need for legislative reform for over six years, 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 that all public service employees (with the sole possible exception of the armed forces and police), like all other workers, have the right to establish organizations of their own choosing to further and defend their occupational interests.