Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 351, Noviembre 2008

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 June 2008 meeting. The Committee, noting that parliament was still considering amendments to the Trade Union Act, stressed 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; it 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 and recalled that the technical assistance of the Office was available in this regard. Additionally it requested the Government to take the appropriate steps to compensate the deputy head of the postal workers’ union, Ms Najjeyah Abdel Ghaffar, for the periods of suspension without pay imposed upon her for statements she had made to the press on the hardships faced by postal workers, as well as for her confession — obtained in the course of an administrative investigation – that she continued to defend the postal workers’ union, which had been characterized by the Government as an “illegal and unlawful entity”. The Committee also requested the Government 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, pending the amendment to article 10 of the Trade Union Act [see 350th Report, paras 25–30].
2. 19. In its communication of 26 May 2008, the Government reiterates that, as article 10 of the Trade Union Act prohibits government employees from establishing trade unions, the postal workers’ union is an illegal organization and, consequently, Ms Najjeyah Abdel Ghaffar was disciplined for her actions on behalf of the organization. The Government adds that the amendment of national laws falls exclusively within the competence of the legislature; until article 10 of the Trade Union Act is amended, it is bound to prohibit the formation of government employees’ organizations in such a vital sector which provides the citizens of the country with a wide range of services.
3. 20. As concerns its previous recommendation on the need to amend the Trade Union Act, the Committee notes with deep regret that the Government confines itself to stating that the legislature alone is responsible for amendments to national laws, which in this case would be necessary in order to bring them into conformity with fundamental principles of freedom of association, stressing 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, the Committee once again strongly urges the Government to take the necessary measures, without delay, to amend article 10 of the Trade Union Act in accordance with this principle. The Committee deeply regrets, moreover, that the Government simply reiterates that the postal workers’ union is an illegal organization, while providing no indication that it has taken action with respect to its previous recommendation concerning Ms Najjeyah Abdel Ghaffar. In these circumstances, the Committee recalls once again that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment such as dismissal, demotion, transfer or other prejudicial measures. This protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee has considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers’ organizations shall have the right to elect their representatives in full freedom [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, para. 799]. The Committee once again requests the Government to take the 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 is taken against her or other members of public sector trade unions for activities undertaken on behalf of their organizations, pending the amendment to article 10 of the Trade Union Act.