Mada Masr
Whatever Happened to Egypt's Independent Trade Unions
Friday May 1, 2015
Jano Charbel
Independent labor unions flourished across
Egypt with the popular uprising of 2011, but this growth translated
neither into unity nor strength, and these independent associations
appear to have withered away since the military-led regime change in
July 2013.
State-controlled trade union federations are presently
attempting to dissolve these independent associations, which have never
been formally recognized by the government. Members also face punitive
measures from their employers, political polarization within their own
ranks, organizational schisms and a lack of resources.
These
factors threaten the viability and utility of independent unions as
agents of labor reform. Meanwhile, Ministry of Manpower politics also
cast a shadow on these independent associations, with some independent
unionists claiming the ministry is striving to marginalize them.
The
two chief federations for such unions emerged in the form of the
Egyptian Federation of Independent Trade Unions (EFITU), which was
established on January 30, 2011, and the Egyptian Democratic Labor
Confederation (EDLC), established on April 24, 2013. These two
federations have not succeeded in uniting their ranks.
Moreover, a
host of smaller independent federations have since been established
outside the realm of both the EFITU and EDLC, several of which broke off
from these two larger federations.
Hoda Kamel, a former EFITU
board member, explains there are a total of six labor union federations
in Egypt, and “of these, the independent federations are in disarray.
They are weak, divided and underfunded."
EFITU and EDLC are both headquartered in Cairo, with no regional offices or strong presence elsewhere in the country.
Mostafa
Bassiouny, an analyst of worker politics and the author of several
books on the trade union movement, says that “over the past four years,
Egypt's independent unions have proven they are unable to build solid
labor structures, to organize general strikes or to mobilize on the
national level."
Several leaders of the independent union movement
— particularly from the largest federation, EFITU — "moved to support
state politics since July 3, 2013, to align themselves with the Ministry
of Manpower and to oppose strikes,” he argues.
"In doing so, an independent federation loses its independence, identity and purpose," Bassiouny adds.
While EFITU's former leader,
Kamal Abu Eita, was appointed minister of manpower
following the deposition of Muslim Brotherhood President Mohamed Morsi
in July 2013, hopes for a political climate conducive to independent
union organizing quickly evaporated with the arrival of Nahed al-Ashry,
who replaced him as minister in March 2014.
Ashry gradually rose
to prominence during the era of former President Hosni Mubarak, becoming
the ministry's leading go-to official for labor arbitration and dispute
resolution.
Although
she has described herself as neutral, with a hands-off approach to all
unions, Ashry and her ministry have been accused of obstructing the
authorization of new independent unions and siding with the
state-controlled Egyptian Trade Union Federation (ETUF.)
Ashry
has shown resolve to end strikes in order to increase investor
confidence and employment opportunities, and in the past, she accused
independent unions of being the main instigators of work stoppages and
labor unrest in the country.
Kamel believes independent unions
have become a scapegoat for the nation’s economic woes. "The ETUF's
affiliate unions have led strikes, as have independent unions and
non-unionized workers alike,” he says.
Several labor activists
claim Ashry favors the ETUF over other unions, as leaders of this
state-controlled federation have officially authorized only two strikes
in its nearly 58 year history.
Numerous articles posted on the official ETUF website claim
independent unions are illegal and illegitimate,
undeclared recipients of foreign funding, political agents and threats
to national security — all accusations with serious legal penalties.
Some ETUF leaders even claim independent unions are involved in sabotage and sponsoring terrorist activists.
The
treasurer and co-founder of the Independent Federation of Petroleum
Employees, Hatem Abdel Dayyem, dismisses such claims as "baseless
accusations."
"It's the state-controlled, yellow federation which has no legitimacy,” he argues.
Abdel
Dayyem points out that ETUF's leadership was last elected in 2006, in
elections which the Administrative Court ruled null and void due to a
lack of judicial supervision. Nonetheless, its leaders remained in
office until their terms expired in 2011, and ministers have been
appointing ETUF leaders since then.
"The ETUF claims we
independent unions receive illegal foreign funding. Let them look inside
our coffers — we are struggling financially, and all the money at our
disposal is LE3,015. What kind of foreign funding or currency is that?"
he asks.
Abdel Dayyem added that the application papers for the
Independent Federation of Petroleum Employees were rejected by the
Manpower Ministry in December 2014, "due to unspecified reasons."
"We
know all our paperwork is valid and in order. We also know our rights,
and that our federation is officially established upon notification,"
Abdel Dayyem claims.
The Manpower Ministry’s spokesperson could
not be reached for clarification regarding the official recognition of
this independent federation, or other questions regarding the
independent union movement.
“Historically, there exists a sort of
umbilical chord relationship between the ministry and ETUF. They both
want to maintain these direct links,” Bassiouny explains.
“Despite their
shortcomings, independent unions are still closer to genuine concerns
of the labor movement than ETUF, which functions more like a union
police than a workers' organization. Ashry is not seeking to wipe out
independent unions, but rather to have them sidelined or co-opted,” he
claims.
When
Ashry addressed the Arab Labor Organization last
month, the state-owned newspaper Al-Ahram quoted her as saying, "While
Egypt is a law-abiding state, its ratification of International Labor
Organization Convention 87 [concerning freedom of association and
protection of the right to organize] is not synonymous with the
plurality of unions."
According to statements published on ETUF’s
official website, Ashry then went on to say, "Independent unions cannot
take the place of legitimate unions." Ashry has consistently argued for
the unity of the union movement, and warned against independent or
alternate unions that could fragment such a unity.
Ashry commented she
couldn’t overturn the recognition of independent unionists who had
filed their application papers under former Manpower Minister Ahmed
Hassan al-Borei.
Borei says that the foremost obstacle in the path
of independent unions is their ambiguous legal status, as Trade Union
Law 35/1976 — which solely recognizes the legitimacy of the
state-controlled ETUF — is still in effect.
During his brief term
as minister in 2011, Borei oversaw a host of unionists, labor lawyers
and political figures who drafted a bill on trade union liberties to
replace Law 35. The bill recognized the right to freely establish trade
unions upon notification to the Ministry of Manpower. However, the
consecutive ruling authorities of the past four years have kept it
shelved, and the bill has yet to be ratified.
Borei explains that Law 35 runs against the essence of union freedoms stipulated for in
ILO Convention 87,
which Egypt ratified in 1957. Without a new trade union law
guaranteeing the freedom to establish their labor organizations, he
says, independent unions will continue to be left in a gray zone of
isolation and marginalization.
"If Egypt does not issue
legislation allowing its workers to freely organize, I fear it may be
placed back on the ILO's short-list of states violating union rights,”
he cautions.
"ETUF membership is mandatory for all unionized
workers according to Law 35,” Borai adds. “Automatic deductions of union
dues from workers' wages may often deter them from joining an
independent union, where they would also have to pay dues."
While their membership figures are frequently contested, ETUF claims some 5 million members.
Similarly,
EFITU's membership figures are contested. By 2013, EFITU chief Abu Eita
was claiming a membership of some 2 million.
Bassem Halaqa, Secretary General of EFITU, claims his federation currently has a membership of around 800,000.
"We
had around 1.4 million memberships. However, we've found that several
of our affiliate unions are merely entities on paper" said Halaqa. "We're filtering
out such entities, as they have no actual presence."
Kamel claims that the
"total membership of all independent unions and federations probably
does not exceed a few hundred thousand."
It’s nearly impossible to
know the real number of independent unions or their members, because
"many of them are not affiliated to any federation, other unions have
quit federations, while others are still forming federations, and yet
others are merely unions on paper, not really existing in workplaces,”
Kamel explains.
Challenges to the independence and legitimacy of
these unions haven’t stopped at legal measures, however. New leadership
has shown a penchant for state alignment that flies in the face of their
ultimate aims.
Last year, Kamel and other
EFITU co-founders froze their memberships
in their federation following the actions of the incumbent president,
Malek Bayoumi. Under his leadership, EFITU representatives signed a
declaration sponsored by Ashry in May 2014 to halt strikes for a year.
Bayoumi
was also accused of using EFITU as a platform to endorse the 2014
presidential campaign of then-Defense Minister Abdel Fattah al-Sisi.
Kamel
and other EFITU members sought to issue a vote of no confidence against
Bayoumi due to his political alignment with the ruling regime. However,
their attempts failed, as they were not able to reach the required
quorum of members for such a motion.
EFITU's secretary general, distanced himself and Bayoumi from such actions.
"There
are no schisms in our federation,” Halaqa claims. “However, we are
facing very difficult financial circumstances. We're not a big
federation like ETUF, and we're not propped up by the state."
Echoing
Ashry's rhetoric, he adds, "We need some time out from strikes. We need
to take into consideration our labor rights along with Egypt's economic
needs."