Government repression in Egypt

The CTUWS aims to support the Egyptian workers' movement. It has played an important role in defending workers' democratic, economic and social rights, and supporting the leadership who work for the democratisation and independence of the trade union movement, the plurality of trade union institutions and the right to strike, sit-in and demonstrate. The Centre is the only one of its kind in Egypt. Practically, it strengthens trade unionists by developing education and training programmes, organises labour conferences and campaigns against unfair laws and workers’ rights violations. These activities have earned it credibility among workers, and consequently it has expanded its activities through establishing new branches in some of the most important industrial sites.

The Centre has been under attack by the government and the Egyptian Trade Union Federation which is government-controlled. Recent conflict is linked to the issuing of Law 153 in May 1999 which aims to regulate the activities of NGOs. It replaces a previous law, also considered restrictive by many NGOs.

This law bans the right to organise. It is not only applicable to NGOs, but to any group despite their different names or legal frame. Article 1 in this law refers to any non-profit entity. The law then subjects these groups to administrative and governmental repression. This takes the form of enforced registration, restrictions on fund-raising and applying sanctions. In this regard, an organisation has to comply, otherwise it will be dissolved and its members could face imprisonment. The law violates human rights, contradicting international conventions signed by Egypt and the Egyptian Constitution.

The law aims to eliminate and restrict any form of collective and independent activity. Article 1 is the most severe. It bans certain activities whether they be political or trade union related, unless they are practised by political parties and official trade unions. Despite the fact that the law does not specify the nature of these political and trade union activities, the text of the article permits the Ministry of Social Affairs to reject the establishment of an organisation in case it practices such banned activities.

Article 16 and 17 stipulates that certain activities need to be authorised by the Ministry. Accordingly, an NGO has no right to be a member of an international organisation unless the administrative office agrees. Also it is banned from fund-raising independently, either from Egyptian or foreign agencies. In addition, it is banned to contact such agencies without prior permission from the Minister of Foreign affairs who could reject this without giving reasons. If an organisation violates this article, it will be dissolved and its members imprisoned.

The law stipulates seven reasons which could result in an organisation being dissolved. Three are no more than practising an activity without the permission of the administrative office.

Law 153/1999 with its old philosophy and modern techniques, restricts the right to organisation. This point was clearly discussed in Parliament, with the claim of needing to protect the interests and national security of Egypt. Is the threat against national security exposing torture and human rights violations? The government states that NGOs should be committed to its policy, and that those who wish to practice politics or trade union activities should participate in the activities of the relevant official bodies.

But where are the trade unions in which workers can practice their labour rights? The law of syndicates (No.35/1976 and its amendments) bans the right to form trade unions independent of the official labour federation. This law forces workers to participate in one official body and restricts democratic rights and freedoms for workplace activities.

The right to organisation is a fundamental human right, guaranteed by the Constitution and stated in international conventions which Egypt has signed. It is a legitimate right that cannot be suspended by law or an administrative authority.

The law of associations is illegitimate and unconstitutional. NGOs have demanded a suspension of it. There should be consultation with different bodies concerned with national work, in an attempt to issue a democratic law capable of respecting the Constitution, international conventions, our the right to organisation and life.

Contact Kamal Abbas at: CTUWS, Helwan-EL masaken EL ektesadia, Block 8-entrance (2) apt.104, PO Box 114, Egypt; +202-5557014 (phone and fax); ctuws@intouch.com (email).

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