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A workshop for EOHR and Fredrich Nawman Institution entitled “Towards releasing the freedom of organizing and meeting in Egypt “
Members of parliaments, jurists and unionists call for releasing the freedom of organizing and meeting in Egypt
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15/12/2007
At a workshop held by EOHR and Fredrich Nawman Institution entitled “Towards releasing the freedom of organizing and meeting in Egypt” at Piramiza hotel –Dokki –Giza ,group of human rights activists ,members of people’s assembly and Shura council , representatives of political parties and trade unions called for releasing the freedom of organizing and meeting in Egypt according to what the international covenants and Egyptian Constitution stated .
Mr. Hafez Abou Seada,Secretary General of EOHR initialized that Egypt started a process of political and constitutional amendment , but this amendment wasn’t reflected on participation process .Amendment needs to be supported by parties ,unions and assemblies . These institutions are existed but not as expected to accomplish participation . He indicated that we need to reach a vision which reflects activists in the civil society and their agreement to general principles that control these institutions in order to participate in the governmental decisions .
Laws of parties ,assemblies and trade unions are not only laws that need to be canceled ,but there are laws inside the legislation organization need to be reviewed , Abou Seada added
The right to organize is an essential right for human being and we seek to support this right ,Mr. Ronald Mandarious,director of Fredrich Nawman institution , confirmed .
The state didn’t want to come near from the right to organize ,but now we are concerning a violation for freedom of organizing. There is a dominated power controls most of Arabian countries . This power exerts its best efforts to support this domination and excluding all other powers away from reign keys .This project with Fredrich Institution mainly aims at amending laws which organize both of parties ,assemblies and trade unions .The starting point of this project initialized from the same place where EOHR and Fredrich Institution held a workshop entitled “ Egypt ......towards a free civil society “ which was held in the last of September among numbers of human rights activists ,members of people’s assembly and Shura council , representatives of political parties and trade unions.
The conclusion of this workshop witnessed a formation of three work groups to look into defectives related to laws which organize both of parties, assemblies and trade unions and the methods of solving these defectives and the ideal mechanisms of treatment and the demands of amending these laws .These groups include experts in the field of laws object of discussion.
3 months later since September 2007 , this workshop came to discuss the conclusion of the work groups in the five Arabian countries (Egypt – Jordan-Palestine- Lebanon- Yemen) . Fredrich Nawman institution will hold a regional conference under the auspices of The League of Arab states on January 2008 .
The first session discussed the law of parties No.40 1977 defectives and amendment demands . Dr.Osama El Ghazaly ,vice chairman of Democratic Front Party ,called for not only studding legislative organization but to study the issue of democracy in Egypt and the atmosphere that restrict the freedom of parties .
Dr. Ghazaly , objected to the idea of gradual amendment ,he confirmed that amendment is not fit for Egyptian government by any means specially in the present situation, we need a strongly - worded to discuss the issue with government .
Dr.Gehad Oada ,professor of political science at Helwan university disagreed with Dr.Ghazaly’s opinion. He confirmed that progression is not bad and it is better than jogging to democracy .
Oada indicated that to whom denies democracy inside Egyptian society, haven’t ever they seen demonstrations adopted by Egyptians against some practices .It’s a normal graduation towards democracy instead of accomplishing a tragic end lead to lose it forever .
Dr.Omar Hashem Rabee , an expert at El Ahram center for political and strategic studies, discussed the negatives of political parties law No.177-2005 indicating that modification is done periodically to the worst. Modifications shouldn’t be issued by the governor power but it should be issued through a collective talk between government and opposition to accomplish a collective understanding .
Mr.Abdel Ghafar Shokr, member of political office for El Tagamo party, indicated that the main target of plurality is to run the authority among political parties ,but the reality is that we have 24 political parties including 7 with National Party which have power and ability to express about society and political visions .
Shokr confirmed that the law of the present parties is not suitable to be amended , we are in a short need for new law includes some principles as follows:
- The freedom to form parties without previous permission taken from any governmental side .
- Any individual has a right to join any party or leave it.
- Members of parties have the right to form their regulation by themselves.
- Parties must be submitted to the normal judiciary .
- Parties have to abide by constitution and law.
- Parties have the right to issue newspapers.
Mr.Farouk El Ashry ,member of the committee for the defense of democracy ,confirmed that the expected amendments is not to modify article or some articles in the Constitution , but amendment needs a group of procedures to all aspects of life .Political amendment abides by economic and social amendment . Also he confirmed that the peaceful democracy requires a healthy atmosphere of freedom in the view of normal and stable legislations .He disagreed with Dr.Oada concerning that we are witnessing a democratic period , the question is where is the democracy and there is a law of emergency !!!!.
El Ashry declared that democracy arises from the sovereignty of people and respecting human rights and equality and practicing authority inside institutions among multiple political powers and enacting new legislations .
As for the second session , it was concerning NGO’s and law No.84 2002 . Mr.Ahmed Amer , counselor , clarified that assemblies became important so it should be protected from the restriction imposed by government and security sides .Amer indicated that the right to form assemblies through notification is available for all individuals as the same and board of directors members have to submit a financial disclosure to avoid suspicions which were used as a pretext by government .
Abdel Mone’m El Aleemy ,earlier member of people’s assembly , confirmed that NGO’s are important on the economic level because it expresses about civil society .So an attempt to release the right to form assemblies is a must . Law No.84-2002 afflicted with some shortcomings and he called for a separation between the executive body and the assembly body ,and excuse assemblies from taxes .
Dr. Magdy Abdel Hameed , chairman of board of assembly of promotion and community participation ,expressed his refusal concerning the idea of gradual demands ,he assured that the task of civil society passes discussion ,it includes all aspects to force government to a comply with its needs . The problem of NGO’s is not the law but the restrictions imposed by security sides .
Dr. Aiman Abdel Wahab , an expert at El Ahram center for political and strategic studies, confirmed that it is not correct to mix between civil society and NGO’s because NGO’s is part from civil society . It is not important to offer new drafts but it is important to unify efforts to prepare a draft satisfies partisan powers and this draft will be submitted to people’s assembly to be adopted by opposition.
Mr. Nagy El Ghatreefy , earlier chairman of El Ghad party , confirmed the importance of civil work in Egypt calling government for providing all aspects to this sector as it is considered an original part in the regime.
The third session was about trade unions .Mr.Abdel Rahman Khir , member of Shura council ,clarified that the law of trade unions requires amendments , he called government for signing all international treaties related to workers and their rights to strike . Abdel Khalek Farouk , an expert at El Ahram center for political and strategic studies, confirmed that the Egyptian project neglected economic and social right through its history. These category of rights were not welcomed by legislators ,so the law of trade unions had shortcomings such as administrative dissolution beside workers of one profession are not allowed to form a union.
Although there is a formal constitutional clause guarantees the right to form unions ,this clause is not used practically ,Farouk added .
Dr. Hasaneen Kishk , an expert at the national center for national and criminal researches ,indicated that there is a practical criticism for the law of trade unions resulted from practical practicing and there is a legal criticism as an out come of the negatives of law . he called for amending this criticism which makes unions plurality a slogan without value .
Mr.Fouad Saad , under secretary of labor and migration , raised his objection that the administrative side doesn’t control trade unions in Egypt .Nothing obliged worker to join general assembly because joining or retreating is warranted for member by the general federation .
Mrs.Samia Salah , centeral administration chairman for the office of minister of labor and migration , called for opening a discussion between unionists and interested in unions working and ministry for drawing up new visions for trade unions in Egypt .
Mrs, Rahma Rafat , programs coordinator at (CTUWS)Centeral for Trade Unions And Workers services , indicated that the law of trade unions doesn’t exist in any European countries .She criticized the idea that union member should be registered because most of workers are working with provisional contracts ,so how can we deny their right to join trade unions.
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