Jano Charbel
A controversial labor
decree issued by President Mohamed Morsy on Sunday has been denounced
and met with resistance from both the state-controlled workers’
federation and from independent unions.
Morsy’s decree No. 97/2012
was issued shortly after he also put out a constitutional declaration
on 22 November, claiming a sweeping range of powers for himself which
insulate him from accountability and judicial oversight.
Decree No. 97 stipulates that
board members of the state-controlled Egyptian Trade Union Federation
(ETUF) over the age of 60 are to be replaced by newly appointed members.
This decree also stipulates a six-month extension to the ETUF
board-members’ term of office, or the issuing of a new trade union law
to replace Law 35/1976 and determine the date of elections — whichever
comes first.
The ETUF’s last elections were
held in October-November 2006. Its five-year term means that ETUF
elections should have taken place in October-November 2011.
However, in
light of parliamentary and presidential elections, the union elections
were postponed for a year — and now for another half year.
Morsy’s most recent decree contradicts announcements issued by the Muslim Brotherhood’s Khaled al-Azhary, now serving as minister of manpower, who in September declared that ETUF elections were to be held in October-November 2012.
Decree No. 97 is “an attempt
by the Brotherhood to control the union structure which had previously
been monopolized by the Mubarak regime,” comments Wael Habib, a
caretaker board member of the ETUF.
Habib adds, “This is merely an
attempt to replace old members of the National Democratic Party (NDP)
with newer members from the now-ruling regime: the Muslim Brotherhood
and its Freedom and Justice Party.”
“This decree has been tailored
to fit only the Brotherhood and FJP. It ignores our demands for a
minimum and maximum wage, the right to strike, the issuing of the Trade
Union Liberties Law — which was prepared over a year ago and shelved
ever since — and other demands,” says Habib.
“Morsy has proven to Egypt’s
workers that the regime of dictator Mubarak was much more concerned with
workers’ rights than the Brotherhood,” Habib argues. “Morsy has again
shown that the Brotherhood is seeking to hijack the ETUF and the
Manpower Ministry, along with the rest of the country.”
Habib explains that Decree 97
directly targets tens of ETUF unionists over the age of retirement, 60
years, “not because of their age, but because of their political
affiliations and associations with the Mubarak regime.” Habib adds that
most of these older unionists were members of the NDP. “Morsy is not
seeking workers’ rights as he claims. He is only settling scores with
the old regime.”
The ETUF’s elections,
according to the provisions of Law 35/1976, are indirect elections
whereby workers only get to vote for their local union committees —
around 2,000 workplace unions nationwide. Meanwhile, the boards of the
ETUF’s 24 general unions are selected through appointments and default
elections.
Prior to the 25 January
revolution, the ETUF’s executive board consisted of 22 NDP members out
of 24, most of whom were over the age of 60. However, in early 2011
then-Minister of Manpower Ahmed Hassan al-Borai appointed tens of
caretaker board-members to replace certain ETUF executives. Borai also
presided over the drafting of the long-anticipated Trade Union Liberties
Law.
However, Borai’s initiatives appear to be in the process of being
sidelined by the Morsy regime.
“We will never accept this new
decree under any circumstance,” Habib says. The ETUF caretaker, who
hails from the Misr Spinning and Weaving Company in Mahalla, says that
workers’ protests against Morsy’s decrees would be staged at Al-Shaun
Square in Mahalla on Tuesday and the ETUF would also organize rallies,
marches and sit-ins.
Decree 97 has also been
denounced by the Egyptian Federation of Independent Trade Unions
(EFITU). Fatma Ramadan, executive board member of the EFITU, says,
“Morsy’s first decree, following his complete takeover of state powers
on 22 November, is a labor decree. This is a clear indicator that Morsy
is seeking to monopolize the labor movement by first ‘Brotherhoodizing’
the Ministry of Manpower, and now the ETUF.”
“Morsy is clearly preparing a
systematic crackdown against Egypt’s union movement, against the right
to strike, against the right to organize and against union plurality,”
Ramadan argues.
“Morsy is attempting to put on a mask of democracy as he
points out that the ETUF leadership was appointed by the Mubarak
regime. Yet he is not seeking democracy in the ETUF, he is only looking
to fill the federation’s seats with members of his own regime.”
“The Brotherhood-controlled
Ministry of Manpower is now in the process of facilitating this takeover
of the ETUF,” the organizer adds. “This is a blatant and unwarranted
intervention in union affairs from the state.”
She went on to add that the
right to establish independent unions is protected by international law —
specifically the International Labor Organization’s Conventions No. 87
and 98 — which the Egyptian state ratified in the 1950s.
“We will never remain silent
against these transgressions,” Ramadan says. “At the EFITU we are
standing against Morsy’s takeover of the state and against the Ministry
of Manpower’s takeover of the ETUF.” She adds that the EFITU has pitched
two tents in Tahrir Square and is participating in the open-ended
sit-in “against Morsy’s dictatorial decrees.”
Weeks earlier, the EFITU had
threatened to resort to the administrative courts over Morsy and
Azhary’s anticipated decisions. However, the president’s constitutional
declaration on 22 November served to insulate his regime from such
judicial appeals.
A host of NGOs, including the
Center for Trade Union and Workers’ Services, the Egyptian Democratic
Labor Congress, the Egyptian Center for Economic and Social Rights and
the Land Center for Human Rights, have also issued statements denouncing
Morsy’s constitutional declaration and Decree 97.
According to Karam Saber,
director of the Land Center, “If Morsy was genuinely concerned about
union plurality and democracy, then he would’ve issued the Trade Union
Liberties Law to guarantee these rights."
“Instead he is simply removing old members of the NDP and appointing younger members from his Brotherhood and FJP.”
Saber explains that over 80
percent of ETUF executives are over the age of 60 and are former members
of the NDP or Mubarak loyalists.
“If Morsy was genuinely
concerned about democracy within the ETUF, then he would’ve called for
trade union elections so that workers can democratically vote for their
representatives,” he says. “Instead he has postponed these elections
even further, while he seeks to handpick his own representatives.”
According to Saber, the
Brotherhood wants to expand its sphere of influence beyond professional
syndicates — white collar unions such as the lawyers, doctors or
engineers — into the blue collar workers’ unions.
“I believe that the
Brotherhood is exclusively interested in taking over the ETUF along with
its workers’ bank, holiday resorts, workers’ university and its
cultural centers across the country,” Saber says. “Not only do they want
to Brotherhoodize the state, they also want to Brotherhoodize and
monopolize the union movement.”
Yousry Bayoumi, a Muslim
Brotherhood caretaker board member of the ETUF, could not be reached for
comment. Attempts to reach Khaled al-Azhary were unsuccessful, as were
attempts to contact Alaa Awwad, the ministry’s spokesperson.
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