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Synopses of HMLC books
by malek | أربعاء, 03/09/2008 - 14:06
Synopses of HMLC books
1) Workers & Social Resistance "the1st issue of 'People Cases Series'":
by Khaled Ali
In cooperation with the Coordinating Committee for Labor Rights & Liberties, HMLC issued this book as the second one in the People Issues Series, which began in 2006 by the Social Insurance Funds book. In this series, the problems and issues of common people are addressed in a simple way. Workers & Social Resistance monitors labor resistance throughout the period Jan/March 2007. By numerating social protests, the book monitors the limits of labor social resistance, clarifies labor discontent from living conditions, and contributes to documenting them. Needless to say, documentation provides us a wider vision and deeper analysis for future prospects of labor movement. For more documentation, the book includes a table illustrating labor protests from 1998 to 2006.
The book includes three sections. The first one addresses the latest trade union elections as a step forward to labor protests and the mechanics the state used to control elections. In addition, section I includes the mechanics the workers used to ease the state's hand on their unions. Section II focuses on the labor sites in which labor protests had arisen, protest mechanics and tactics, the broad demands, the results achieved and the side effects. Section III lists the documents including the historic verdict of the State Security Court in which the court acknowledged the right of strike action in accordance with the International Covenant of Social and Economic Rights. The verdict handed down that the provisions regulating the right of strike enshrined in the Labor Law 12/2003 are unconstitutional. This section also includes the most important essays written on labor movements from May 2006 to March 2007, the collective labor agreement that the Helwan Cement workers were able to reach successfully through collective bargaining, and finally the press releases issued by the Coordinating Committee for Labor Rights and Liberties.
2) Workers & Social Resistance (the 2nd issue of People Cases Series: the fourth book):
by Khaled Ali
In cooperation with the Coordinating Committee for Labor Rights & Liberties and Land Sons Association, HMLC issued this book (the 4th one) as part of the People Issues Series, which began in 2006 by the Social Insurance Funds book. This issue monitors labor resistance throughout the period March/July 2007 in which the labor resistance has grown widely. It includes an introduction and four sections. The introduction addressed the three main reasons behind the escalation of labor protests: low pays and high prices without fixing a minimum wage adequate to consumer basket, the legal imbalance between employers and employees, and that a great number of workers have broken away from the government-controlled unions. The book includes four sections. The first one has focused on the resistance diary and the most important events and the workers' demands. Section II documented labor actions through statistical tables illustrating the wave of protests throughout the first half of 2007. Section III documented the most significant essays and articles published in Egyptian newspapers. Finally, section IV was dedicated for documenting the press releases issued by the Coordinating Committee for Labor Rights and Liberties.
3) Out of Justice (Judicial Files Series: The First Book)
This book documents one of the most important political cases in which the late lawyer Ahmed Nabil Al-Hilaly delivered a great speech for the defendants who were accused of assassinating Ref'at el-Mahgoub, the former speaker of People's Assembly. Based on Al-Hilaly's historic speech, which combined all sorts of arts of proceedings and the great ability to analyze the facts and documents, the court decided that the defendants were not guilty. His speech is widely considered a great lesson for lawyers, since it combined between a deep understanding to law and the procedures of arrest and investigation. This book saw the light as part of the Judicial Files series the center intend to launch for documenting the most significant cases, verdicts, speeches for the defense and memos conducted by high profile lawyers to the benefit of human rights.
4) Press Syndicate Elections 2007 (in English):
This is a book issued by the Monitoring Committee of Press Syndicate Elections. The committee consists of four human rights organizations: the Arab Foundation for Supporting Civil Society & Human Rights, the United Journalists Center, the Association of Freedom of Thought & Expression, and the Hisham Mubarak Law Center. The book is divided into a preliminary report and a number of press releases on Egypt's press syndicate elections. Due to the importance and relevance of the judicial committee supervising elections and its role played throughout the electoral process (ranging from preparing runners' lists to receiving complaints) we decided to throw light on its different competencies and mandates. In accordance with law 100/1993, amended by the law 5/1995, the Judicial Committee for Professional Syndicates (the body responsible for organizing professional syndicates' elections) has been entitled with wide powers and competencies. Unlike previous elections which were held in accordance with the statute of each syndicate, the new law has unified the whole process in all professional syndicates. Key among the amendments carried out by the law was the creation of a judicial committee supervising elections on everything from A to Z (from reviewing tables to receiving applications, counting votes and announcing election returns). While some critics see this committee as a blatant intervention in the syndicate's affairs, others see it as a guarantee of democracy.
5) The Life of an Egyptian Naughty Worker: "Pictures of the Egyptian Working Class History"
by Atia al-Serafi
This book has written by Atia al-Serafi, a veteran unionist, who decided to write down his autobiography accompanied by the history of the Egyptian working class. It deals with the historical epoch (1926-1954) and to be followed by a second part. This book is very important due to the frankness of al-Serafi and the pros and cons he revealed bravely of that period. More important, al-Serafi presents a lesson to be learned on self-criticism.
6) Social Insurance Funds: Facts and Figures
by Elhamy al-Marghany
Social Insurance Funds: Facts and Figures by Elhamy el-Marghany addresses the budget of social insurance funds in a way totally different from the government approach. This book aims to exposing the government act which integrated the insurance funds into state budget administration to conceal its manipulation and to be part of state budget. In an attempt to reduce the advantages of insurance beneficiaries and put its hand on the insurance funds estimated at about LE 200 billion, the government is discussing amending social insurance act to get rid of insurance system.
7) The Emergence and Struggles of the Egyptian Working Class
by Youssef Darweesh
'The Emergence and Struggles of the Egyptian Working Class' by Yousef Darweesh addresses the first blocks built in the Egyptian working class history. While most working class historians date back the emergence of this class to the beginnings of the 20th century, Darweesh went further to prove that the first signs of emergence had begun in the late of the 18th century.
8) The Second Annual Conference
The Second Annual Conference is a book issued by the center in collaboration with the Coordinating Committee for Labor Rights and Liberties. It documents the second annual conference held in May 2005 and distributed in the third conference.
9) Abou Fagr and Abou Nasera
prisoners of conscience from...and for Sinai
The upcoming lines are a synopsis for a report titled Abou Fagr and Abou Nasera, two prisoners of conscience who come from sinai peninsula.
This report, which will be published in Arabic, tells the story of two Egyptian prisoners of conscience: Mous'd Abou Fagr and Yehia Abou Nasera. Both prisoners come from Sinai. Sinai, or the Sinai peninsula, is an inverted triangle-shaped peninsula in Egypt. It lies between the Mediterranean sea (to the north) and the red sea (to the south), forming a land bridge to southwest Asia. Its area is about 60.000 km2 and inhabited by approximately 380.000 people. Most of the population is concentrated in the north, along the Mediterranean coast, particularly in and around Al-Arish, the major governing and commercial center. Taba, at the head of the gulf of Aqaba, and Sharm al-Sheikh, on the peninsula's southern tip, are major tourist sites, catering mainly to Israelis (Taba) and Europeans (Sharm al-Sheikh). Numerous smaller tourist areas dot the “Riviera” along the gulf of Aqaba coastline. The tourist industry and the development of government services have drawn people from the Nile delta and elsewhere in Egypt. Some four thousand or so of the long-time Bedouin residents still inhabit the interior. This geographical description can convey the idea of how importance this place is.
The two prisoners' appearance has started with Wedna Neish movement, wednane3ish.katib.org, which began working as a movement interested in sinai's issues on 2005. though it has begun with the political mobility on 2005, the true birth of this organization has begun on 2007 shortly after two bedouins were shot dead by a police force which led to several protests on the international borders. Wednane3ish movement has organized a number of public conferences in sinai to raise their issues, especially the Bedouin case and how the egyptian regime deals with it.
Against this background the two prisoners, abou fagr and abou nasira, were held in custody and after that detained under the state of emergency law.
Abu Fagr was arrested after the eruption of demonstrations in Rafah city in protest against the Egyptian government that tried to take over the houses of the Egyptian citizens living in the city. The Public Prosecutor's Office charged Abu Fagr, among others, with inciting the riot actions in addition to resisting authorities and assaulting civil servants on duty.
The investigations conducted by the Prosecutor's Office had remanded Abu Fagr in custody for 15 days. The lawyers attended with him challenged the Prosecutor's decision and a court hearing was scheduled for 13 February in which the defendant was found not guilty. Then the court handed down a release order guaranteed by Abu Fagr's place of residence.
On 12 February 2008 the Ismaeliya Court of Appeal turned down the appeal filed by El Arish Prosecutor and affirmed the decision of the Partial Court ordering the defendant Abu Fagr to be released. Refraining from implementing the court decision, Abu Fagr was held for other two days during which he suffered from ill-treatment. To his surprise, Abu Fagr was interrogated once again before El Arish Prosecution Office, which charged him with new accusations and then remanded him in custody for four days.
For yehia abou nasera, the prosecutor charged him in three cases: the sit-in action he organized claiming for re-tabling the debts of sinai farmers to the development and agrarian credit bank, the second was also related to the first case, and the third charge has been for the march the wednane3ish movement called for. For yehia abou nasera, the prosecutor charged him in three cases: the sit-in action he organized claiming for re-tabling the debts of sinai farmers to the development and agrarian credit bank, the second was also related to the first case, and the third charge has been for the march the wednane3ish movement called for.
The Hisham Mubarak Law Center not only raises the deep concerns regarding the ill-treatment perpetrated against both prisoners of conscience but also condemns the way of submitting charges bit by bit and not once and for all. Leveling charges step by step in the case of Abu Fagr reflects the ready-made charges policy that is used as a back-up plan in case the court turned down the first group of accusations. Needless to say, this policy erases the citizens' rights and liberties as well as the safeguards of fair trial. It also turns the concept of preventive custody, which secures the safety of society, into a tool in the hands of the state security apparatus to push political prisoners quickly behind bars.
10) Professional Syndicates: An Attempt to Understand:
by Khaled Ali
This book addresses the emergence of Egypt's Professional Syndicates and the difference between them and trade unions in terms of the Egyptian legislation and the provisions governing Syndicates. It also tackles the law No.100/1993 and its amendment No.5/1995 which was introduced to govern the syndicates' electoral process. Due to the importance and relevance of this book, we decided to republish it to throw light on the constraining measures the government adopts to hinder professional syndicates from playing their roles as part of the Egyptian civil society.
11) Political Parties in Egypt:
"Political Parties in Egypt" is an attempt to compare the domestic legislative provisions regulating the terms of establishing new parties with the international standards enshrined in the established democratic countries and international law. Since it throws the light on the domestic provisions violating the international standards, we decided to republish this book, especially in terms of the latest amendments introduced to the legislative and constitutional structures.
12)The Right to Work and Workers' Rights
By Saber Barakat
The Right to Work and Workers' Rights is the first book to be issued under the Egyptian Observatory for Social and Economic Rights program. This book tries to reach a concept and criterion for the right to work in accordance with international treaties and Egyptian constitution. It also reviews the rights of workers to receive a fair wage, social insurance as well as their right to syndicate liberty, freedom of opinion and expression, strike and so forth. The author Saber Barakat divided it into four sections: the first addresses the right to work and the international instruments that have been dedicated to this right such as the international covenant on economic, social and cultural rights; the second includes the obligations related to the right to work and the state's obligations towards this right; the third covers the contents of the right to work and workers' rights; the fourth deals with the workers' rights in Egypt according to Egyptian legislations. Finally, the book contains a group of appendices which include, among others, a list of ILO conventions and agreements.
13.The Egyptian Working Class Transformation within Market Economy and Privatization:
BY ILHAMY EL MARGHANI
In cooperation with the Coordinating Committee for Labor Rights & Liberties, HMLC issued this book as an attempt to understand to what extent market economy and privatization influenced the structure of Egyptian working class and the transformation frames created by this influence. It also deals with the qualitative change of the working class as well as the new elements which have broken away from government-controlled unions and entered the protest movement to express and defend their interests. To clearly illustrate the conditions of working class, the book made several statistics, regarding 2007, on the workers' distribution according to economic activities, operation sector and governorates, education, professions, and governmental, public and private sectors. Finally, it dealt with the latent reasons that push workers towards protest actions such as unemployment, the fragility of official unions, the widespread of temporary, casual and seasonal work at the expense of permanent work and the weak pays compared to prices.
14.Health Insurance and Disbanding Risks…Alternatives and Confronting Mechanics (People Issues Series: Book III)
BY MOHAMED ABDEL SALAM
This book documents the workshop conducted by three organizations: HMLC, the Coordinating Committee for Labor Rights and Liberties, and the Health and Environment Development Foundation. The workshop was held for discussing the risks threatening the social health insurance, especially after the premier's decree No 637/2007 providing for establishing a holding company for health care to replace the health insurance agency. So, all the staff and properties of health insurance agency were transferred to the holding company which became responsible for providing services and determining their prices. This transfer represented a radical change in the nature of health insurance from being social service to a trade service. In addition, the decree is considered a kind of latent privatization. Finally, the workshop addressed the issue through four-angles: a. health crisis in Egypt, b. health insurance between the current status and the new bill, c. medicine problem in Egypt, d. Alternatives and Confronting Mechanics.
15.Workers, Employees and Court Rulings (the Workers, Employees and Court Rulings Series, First Book):
BY KHALED ALI
In cooperation with the Coordinating Committee for Labor Rights & Liberties, HMLC launched this series with the first book holding its name. The series was launched for promoting human rights awareness in order to empower workers with fairness tools and mechanics, i.e. throwing the light on the salient court verdicts relevant to workers and employees. So, the book includes 17 verdicts handed down by different Egyptian courts, each verdict is preceded by a simplified version of the case's subject as well as extracting the most import principles involved in the decision. The court decisions included, among other things: the rights of mine workers; employees' investigating guarantees; the rules of transfer, secondment, promotion; the guarantees of protecting contract relationship; work injuries; holidays; disciplinary, penalty and firing procedures; and the right of labor representatives to receive membership and annual bonuses.
16. The Case A. B (Judicial Files Series: The First Book)
This book documents a case lodged by HMLC so as to modify the general assembly tables of the Press Syndicate. The center demanded amending the election tables from being listed according to press institutions to be in accordance with the alphabetical order of the general assembly members. The court decision has been handed down in our favor. The importance of this verdict stems from being derived from no articulated provisions but, rather, from the internationally recognized standards found in the established democracies.
17. The Right to Education between quality and Pricing
In cooperation between HMLC and the Egyptian Center for the Right to Education, this book was issued in order to review the law 82/2006 establishing the National Authority for guaranteeing education quality. The study crystallizes a human rights vision on the conditions of the right of education throughout the second half of nineties, as well as the reflections of the legislative amendments on the right to education.
18.1952 Kafr-el-Dawar Massacre and the Martyrs Khamies and Baqary
BY Ahmed Sharaf el Dein
In this booklet the lawyer and leftist Ahmed Sharaf el Dein tried to commemorate the first two workers, Mustafa Khamies and Mohamed el Baqary, who were executed a few weeks after 1952 revolution. The two workers, or the two martyrs, were the first victims of the 1952 regime. In response to Mohamed Hassanein Heikal, Sharaf el Dein tried to put the true facts before our eyes and to depict a picture of those martyrs. Khamies and baqary have become a symbol for the working class struggle.
19) The 18/19th January 1977 Uprising
Prepared by Hamdy al Assioti
This book documents one of the most important political cases in which the late lawyer Ahmed Nabil Al-Hilaly delivered a great speech for the defendants who were accused of participating in the 1977 uprising which destabilized the sadat regime. The uprising, or the bread uprising as they called it later, had been erupted spontaneously immediately after the government announced the price rising of basic commodities like bread. Based on Al-Hilaly's historic speech, which combined all sorts of arts of proceedings and the great ability to analyze the facts and documents, the court decided that the defendants were not guilty. His speech is widely considered a great lesson for lawyers, since it combined between a deep understanding to law and the nature of political circumstances that led to the uprising. This book saw the light as part of the Judicial Files series the center intend to launch for documenting the most significant cases, verdicts, speeches for the defense and memos conducted by high profile lawyers to the benefit of human rights.
20) Case of Insurance and Pension Funds
by Khaled Ali
It is the first book in "People Cases" series. Through this series we try to address simply the rights of well known interest to most citizens. To widen the scope of knowledge and discussions as well as the number of beneficiaries, these rights are related to social and economic as well as civil and political rights. This book aims to exposing the government which integrated the insurance funds into the Ministry of Finance to conceal its financial manipulation and to be part of state budget. It also addresses the government's attempt, through amending Social Insurance Act, to reduce the advantages of insurance beneficiaries and put its hand on the insurance funds estimated at about LE 200 billion. So, this book was released to expose the false allegations reiterated by the government and to make the public aware of the encroachment process committed against their rights.
21)The Nature of the Supreme Constitutional Court's Rulings
BY Khaled Ali Omar
the supreme constitutional court (scc) has been established in 1979. its subsequent rulings have sought to define rights and liberties for all citizens and to interpret the constitution itself. Chapter v of 1971 constitution specifies the supreme constitutional court as “an independent judiciary,” created “to undertake the judicial control in respect of the constitutionality of the laws and regulations,” and “the interpretation of the legislative texts in the manner prescribed by law.” this book “the nature of the supreme court's rulings” addresses the nature of its rulings before and after promulgating the law 168/1998. it also deals with the judicial effects of its verdicts. Finally, the book includes a number of documents listed in appendices.
22) The Constitutionality of Emergency Law and Martial Orders
By Ahmed Seif el Islam
The state of emergency has been declared immediately after the assassination of president Sadat. Under this law the Egyptians have become vulnerable and liable to arrest and detention for indefinite periods without being charged or brought to trial. Further, as part of exceptional laws the martial orders have become one of the most prominent features that erodes the rule of law. In this book the author Ahmed Seif el Islam researches the constitutionality of both state of emergency and martial orders and their defects as well as their adverse effects on all Egyptians.
23) Engineers Against Receivers: Free Syndicate in Free Homeland
By Abdel Aziz al Hosseini
Due to the importance HMLC attaches to syndicate liberties in Egypt as well as the role played by syndicates in promoting human rights values in society,HMLC adopted the case of Engineers Syndicate more than two years ago. The first urgent issue for the syndicate was holding an emergency general assembly to help members discuss their internal affairs. For this issue, the center, in cooperation with the offices of Ahmed Nabil Al Hilali and Isam el-Islamboli, succeeded in receiving a verdict in our favor and implementing it. For further step, the group of Engineers against Receivers asked the center to file a lawsuit for supporting their right to hold elections which hadn't convened since 1995. Finally, the Court of State Council decided to hand down a verdict in February 2008. The book “Engineers against Receivers” has come to light to document the struggle of engineers to get back their syndicate.
24) Cases of Eritrean Refugees in Egypt
Prepared by Mustafa Al Hasan Taha
this book documents what happened to the Eritrean refugees who fled their country to have a job opportunity in Egypt. They were captured in Aswan and divided into groups to be tried before Egyptian courts. Mustafa Al Hasan, the author of this book, collected all the relevant material to the case along with an introduction introducing the life and the state of human rights in Eritrea. The investigation reports had shown the miserable life of those refugees in their own country that led them to fled the country to seek fortune in Egypt. The branch of HMLC in Aswan had followed the case from A to Z, and so this book is very important for those who want to know what happened to the Eritrean refugees.
25) Symposium of Anti-Terrorism Law
Introduced by the judge Zakaria Abdel Aziz
Prepared and edited by Wael Tawfiq
The Club of Judges held a symposium with the purpose of discussing the anti-terrorism bill and its impact on judicial autonomy as well as concluding a number of demands and procedures that: 1. secure the judicial autonomy as the only safeguard for justice fulfillment; 2. nonproliferation of straitjacket laws that encroach on public rights and liberties; 3. securing the political reform the president called for in his latest constitutional amendments; 4. conserving the constitution especially articles 41, 44 and 45. in this symposium the Club of Judges had gathered the elite of judges and law professors from different universities nationwide to evaluate the proposed anti-terrorism bill as well as giving their insights on the straitjacket laws that threaten the Egyptian society, institutions and citizens. Finally, this book collects different viewpoints on the proposed anti-terrorism law. It deserves reading.
26)Trade Union Freedom
Prepared by Khaled Ali Omar
This book (Trade Union Freedom between Legislative frames and the Supreme Constitutional Court Principles) came to light as the first part of the Right to Organize series. Introduced by Gamal Al Banna, the book deals with the trade union freedom within the international and constitutional frame. The international frame includes the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Social, Economic and Cultural Rights, and the agreements of the International Labor Organization. The constitutional frame includes the provisions of Egypt's constitution, and the principles laid down by the Supreme Constitutional Court on trade union freedom. Finally, the book highlights the legislations of the trade union structure before and after the law No 35/1976 and the practical exercise of freedom of association.
27) Trade Unions Without Workers and Workers Without Unions
prepared by Saber Barakat and Khaled Ali Omar
Trade Unions Without Workers and Workers Without Unions is an elaborate report on labor elections, session 2001/2006, which witnessed the birth of the Coordinative Committee for Labor Rights and Liberties. The Committee has worked hard to monitor the session and prepared in detail this report. It deals with trade union organizations and their structures, including the General Federation of Trade Unions, and the general climate of elections. Here are some facts of the nature of electoral process: 1. Trade Union Act earmarked only three vague-worded articles for organizing trade union elections and left all details to be elaborated by the Minister of Labor Forces. 2. Since the law hadn't fixed or laid down standards for electoral rules, election results can be manipulated and forged. So, most of the members elected by default had relied on the absence of law. 3. Due to the lack of the articles organizing electoral process, the ruling party tailored different decrees and rules for every labor elections to suit its clique.
28) Pen Holders Versus Restrictions
prepared by Ahmed Ragheb and Emad Mubarak
In accordance with law 100/1993, amended by the law 5/1995, the Judicial Committee for Professional Syndicates (the body responsible for organizing professional syndicates' elections) has been entitled with wide powers and competencies. Key among the amendments carried out by the law was the creation of a judicial committee supervising elections on everything from A to Z (from reviewing tables to receiving applications, counting votes and announcing election returns). While some critics see this committee as a blatant intervention in the syndicate's affairs, others see it as a guarantee of democracy. The amendment creates more specifications for article 6 which provides, in detail, the mandate of the Judicial Committee to insure its full control over elections. The amended Article 6 states that "to be able to achieve its full supervision, the judicial committee enshrined in article 6 shall be entitled to:
1. Determine the opening and closing days for nomination and elections and the place of casting votes according to the law;
2. Review members' lists in both general and sub-syndicates as well as voters’ lists prepared by the syndicate's council and adopted by the chairman to make sure of accuracy. For doing this, the Committee is entitled to select and authorize an expert;
3. Arbitrate complaints submitted against the lists in a 7-day period as of the date of announcing the lists. The decisions taken are to be delivered to those concerned within three days of releasing them;
4. Arbitrate all complaints submitted during the electoral process to ensure application of the law;
5. Announce election returns and the number of votes for each candidate, and then the Chief Justice of South Cairo Court shall announce the general results;
Further, ballot box supervisors shall oversee voting process, arbitrate all relevant issues and the validity or nullity of votes, and implement the judicial committee’s decisions. Their functions shall be confined only to the election."
29) Apartheid Wall
Prepared by Ahmed Ragheb
This research had been prepared by Ahmed Ragheb as an attempt to collect the case of apartheid wall built by Israel to separate Israelis from Palestinians and to dismember the Arab territories. The research documents how the Palestinian side had recourse to the International Court of Justice as one of the peaceful methods for settling the dispute. In the second section, the book deals with the obligations of the occupational authority in accordance with the international law. The third section addresses the most important pleas on which the International Court of Justice has based it own judgment on the separatist barrier. The book, finally, includes the legal documents and the text of the International Court's judgment, which is deemed the most important document.
30) Embedding Tyranny and Return to Guidance Era
Prepared by Ahmed Ragheb
Hisham Mubarak Law Center has published this book as an attempt to release a human rights vision that deals with the bill of the National Authority for Organizing the Audio and Visual Broadcast—the bill that provoked a storm of discussion and debate among Egypt's cultural elite. The book includes six sections: 1. an introduction; 2. media censorship and the phenomenon of digital and electronic media; 3. discussing a number the bill's articles and whether it represents organizing broadcast or imposing censorship on broadcast; 4. the relation between the broadcast bill and the rights and freedoms in Egypt; 5. the final conclusion; and 6. the documents that include the bill of the national authority for organizing the audio and visual broadcast, the Arab satellite broadcast paper, and finally the press release issued by HMLC on the bill.
Synopses of HMLC books
1) Workers & Social Resistance "the1st issue of 'People Cases Series'":
by Khaled Ali
In cooperation with the Coordinating Committee for Labor Rights & Liberties, HMLC issued this book as the second one in the People Issues Series, which began in 2006 by the Social Insurance Funds book. In this series, the problems and issues of common people are addressed in a simple way. Workers & Social Resistance monitors labor resistance throughout the period Jan/March 2007. By numerating social protests, the book monitors the limits of labor social resistance, clarifies labor discontent from living conditions, and contributes to documenting them. Needless to say, documentation provides us a wider vision and deeper analysis for future prospects of labor movement. For more documentation, the book includes a table illustrating labor protests from 1998 to 2006.
The book includes three sections. The first one addresses the latest trade union elections as a step forward to labor protests and the mechanics the state used to control elections. In addition, section I includes the mechanics the workers used to ease the state's hand on their unions. Section II focuses on the labor sites in which labor protests had arisen, protest mechanics and tactics, the broad demands, the results achieved and the side effects. Section III lists the documents including the historic verdict of the State Security Court in which the court acknowledged the right of strike action in accordance with the International Covenant of Social and Economic Rights. The verdict handed down that the provisions regulating the right of strike enshrined in the Labor Law 12/2003 are unconstitutional. This section also includes the most important essays written on labor movements from May 2006 to March 2007, the collective labor agreement that the Helwan Cement workers were able to reach successfully through collective bargaining, and finally the press releases issued by the Coordinating Committee for Labor Rights and Liberties.
2) Workers & Social Resistance (the 2nd issue of People Cases Series: the fourth book):
by Khaled Ali
In cooperation with the Coordinating Committee for Labor Rights & Liberties and Land Sons Association, HMLC issued this book (the 4th one) as part of the People Issues Series, which began in 2006 by the Social Insurance Funds book. This issue monitors labor resistance throughout the period March/July 2007 in which the labor resistance has grown widely. It includes an introduction and four sections. The introduction addressed the three main reasons behind the escalation of labor protests: low pays and high prices without fixing a minimum wage adequate to consumer basket, the legal imbalance between employers and employees, and that a great number of workers have broken away from the government-controlled unions. The book includes four sections. The first one has focused on the resistance diary and the most important events and the workers' demands. Section II documented labor actions through statistical tables illustrating the wave of protests throughout the first half of 2007. Section III documented the most significant essays and articles published in Egyptian newspapers. Finally, section IV was dedicated for documenting the press releases issued by the Coordinating Committee for Labor Rights and Liberties.
3) Out of Justice (Judicial Files Series: The First Book)
This book documents one of the most important political cases in which the late lawyer Ahmed Nabil Al-Hilaly delivered a great speech for the defendants who were accused of assassinating Ref'at el-Mahgoub, the former speaker of People's Assembly. Based on Al-Hilaly's historic speech, which combined all sorts of arts of proceedings and the great ability to analyze the facts and documents, the court decided that the defendants were not guilty. His speech is widely considered a great lesson for lawyers, since it combined between a deep understanding to law and the procedures of arrest and investigation. This book saw the light as part of the Judicial Files series the center intend to launch for documenting the most significant cases, verdicts, speeches for the defense and memos conducted by high profile lawyers to the benefit of human rights.
4) Press Syndicate Elections 2007 (in English):
This is a book issued by the Monitoring Committee of Press Syndicate Elections. The committee consists of four human rights organizations: the Arab Foundation for Supporting Civil Society & Human Rights, the United Journalists Center, the Association of Freedom of Thought & Expression, and the Hisham Mubarak Law Center. The book is divided into a preliminary report and a number of press releases on Egypt's press syndicate elections. Due to the importance and relevance of the judicial committee supervising elections and its role played throughout the electoral process (ranging from preparing runners' lists to receiving complaints) we decided to throw light on its different competencies and mandates. In accordance with law 100/1993, amended by the law 5/1995, the Judicial Committee for Professional Syndicates (the body responsible for organizing professional syndicates' elections) has been entitled with wide powers and competencies. Unlike previous elections which were held in accordance with the statute of each syndicate, the new law has unified the whole process in all professional syndicates. Key among the amendments carried out by the law was the creation of a judicial committee supervising elections on everything from A to Z (from reviewing tables to receiving applications, counting votes and announcing election returns). While some critics see this committee as a blatant intervention in the syndicate's affairs, others see it as a guarantee of democracy.
5) The Life of an Egyptian Naughty Worker: "Pictures of the Egyptian Working Class History"
by Atia al-Serafi
This book has written by Atia al-Serafi, a veteran unionist, who decided to write down his autobiography accompanied by the history of the Egyptian working class. It deals with the historical epoch (1926-1954) and to be followed by a second part. This book is very important due to the frankness of al-Serafi and the pros and cons he revealed bravely of that period. More important, al-Serafi presents a lesson to be learned on self-criticism.
6) Social Insurance Funds: Facts and Figures
by Elhamy al-Marghany
Social Insurance Funds: Facts and Figures by Elhamy el-Marghany addresses the budget of social insurance funds in a way totally different from the government approach. This book aims to exposing the government act which integrated the insurance funds into state budget administration to conceal its manipulation and to be part of state budget. In an attempt to reduce the advantages of insurance beneficiaries and put its hand on the insurance funds estimated at about LE 200 billion, the government is discussing amending social insurance act to get rid of insurance system.
7) The Emergence and Struggles of the Egyptian Working Class
by Youssef Darweesh
'The Emergence and Struggles of the Egyptian Working Class' by Yousef Darweesh addresses the first blocks built in the Egyptian working class history. While most working class historians date back the emergence of this class to the beginnings of the 20th century, Darweesh went further to prove that the first signs of emergence had begun in the late of the 18th century.
8) The Second Annual Conference
The Second Annual Conference is a book issued by the center in collaboration with the Coordinating Committee for Labor Rights and Liberties. It documents the second annual conference held in May 2005 and distributed in the third conference.
9) Abou Fagr and Abou Nasera
prisoners of conscience from...and for Sinai
The upcoming lines are a synopsis for a report titled Abou Fagr and Abou Nasera, two prisoners of conscience who come from sinai peninsula.
This report, which will be published in Arabic, tells the story of two Egyptian prisoners of conscience: Mous'd Abou Fagr and Yehia Abou Nasera. Both prisoners come from Sinai. Sinai, or the Sinai peninsula, is an inverted triangle-shaped peninsula in Egypt. It lies between the Mediterranean sea (to the north) and the red sea (to the south), forming a land bridge to southwest Asia. Its area is about 60.000 km2 and inhabited by approximately 380.000 people. Most of the population is concentrated in the north, along the Mediterranean coast, particularly in and around Al-Arish, the major governing and commercial center. Taba, at the head of the gulf of Aqaba, and Sharm al-Sheikh, on the peninsula's southern tip, are major tourist sites, catering mainly to Israelis (Taba) and Europeans (Sharm al-Sheikh). Numerous smaller tourist areas dot the “Riviera” along the gulf of Aqaba coastline. The tourist industry and the development of government services have drawn people from the Nile delta and elsewhere in Egypt. Some four thousand or so of the long-time Bedouin residents still inhabit the interior. This geographical description can convey the idea of how importance this place is.
The two prisoners' appearance has started with Wedna Neish movement, wednane3ish.katib.org, which began working as a movement interested in sinai's issues on 2005. though it has begun with the political mobility on 2005, the true birth of this organization has begun on 2007 shortly after two bedouins were shot dead by a police force which led to several protests on the international borders. Wednane3ish movement has organized a number of public conferences in sinai to raise their issues, especially the Bedouin case and how the egyptian regime deals with it.
Against this background the two prisoners, abou fagr and abou nasira, were held in custody and after that detained under the state of emergency law.
Abu Fagr was arrested after the eruption of demonstrations in Rafah city in protest against the Egyptian government that tried to take over the houses of the Egyptian citizens living in the city. The Public Prosecutor's Office charged Abu Fagr, among others, with inciting the riot actions in addition to resisting authorities and assaulting civil servants on duty.
The investigations conducted by the Prosecutor's Office had remanded Abu Fagr in custody for 15 days. The lawyers attended with him challenged the Prosecutor's decision and a court hearing was scheduled for 13 February in which the defendant was found not guilty. Then the court handed down a release order guaranteed by Abu Fagr's place of residence.
On 12 February 2008 the Ismaeliya Court of Appeal turned down the appeal filed by El Arish Prosecutor and affirmed the decision of the Partial Court ordering the defendant Abu Fagr to be released. Refraining from implementing the court decision, Abu Fagr was held for other two days during which he suffered from ill-treatment. To his surprise, Abu Fagr was interrogated once again before El Arish Prosecution Office, which charged him with new accusations and then remanded him in custody for four days.
For yehia abou nasera, the prosecutor charged him in three cases: the sit-in action he organized claiming for re-tabling the debts of sinai farmers to the development and agrarian credit bank, the second was also related to the first case, and the third charge has been for the march the wednane3ish movement called for. For yehia abou nasera, the prosecutor charged him in three cases: the sit-in action he organized claiming for re-tabling the debts of sinai farmers to the development and agrarian credit bank, the second was also related to the first case, and the third charge has been for the march the wednane3ish movement called for.
The Hisham Mubarak Law Center not only raises the deep concerns regarding the ill-treatment perpetrated against both prisoners of conscience but also condemns the way of submitting charges bit by bit and not once and for all. Leveling charges step by step in the case of Abu Fagr reflects the ready-made charges policy that is used as a back-up plan in case the court turned down the first group of accusations. Needless to say, this policy erases the citizens' rights and liberties as well as the safeguards of fair trial. It also turns the concept of preventive custody, which secures the safety of society, into a tool in the hands of the state security apparatus to push political prisoners quickly behind bars.
10) Professional Syndicates: An Attempt to Understand:
by Khaled Ali
This book addresses the emergence of Egypt's Professional Syndicates and the difference between them and trade unions in terms of the Egyptian legislation and the provisions governing Syndicates. It also tackles the law No.100/1993 and its amendment No.5/1995 which was introduced to govern the syndicates' electoral process. Due to the importance and relevance of this book, we decided to republish it to throw light on the constraining measures the government adopts to hinder professional syndicates from playing their roles as part of the Egyptian civil society.
11) Political Parties in Egypt:
"Political Parties in Egypt" is an attempt to compare the domestic legislative provisions regulating the terms of establishing new parties with the international standards enshrined in the established democratic countries and international law. Since it throws the light on the domestic provisions violating the international standards, we decided to republish this book, especially in terms of the latest amendments introduced to the legislative and constitutional structures.
12)The Right to Work and Workers' Rights
By Saber Barakat
The Right to Work and Workers' Rights is the first book to be issued under the Egyptian Observatory for Social and Economic Rights program. This book tries to reach a concept and criterion for the right to work in accordance with international treaties and Egyptian constitution. It also reviews the rights of workers to receive a fair wage, social insurance as well as their right to syndicate liberty, freedom of opinion and expression, strike and so forth. The author Saber Barakat divided it into four sections: the first addresses the right to work and the international instruments that have been dedicated to this right such as the international covenant on economic, social and cultural rights; the second includes the obligations related to the right to work and the state's obligations towards this right; the third covers the contents of the right to work and workers' rights; the fourth deals with the workers' rights in Egypt according to Egyptian legislations. Finally, the book contains a group of appendices which include, among others, a list of ILO conventions and agreements.
13.The Egyptian Working Class Transformation within Market Economy and Privatization:
BY ILHAMY EL MARGHANI
In cooperation with the Coordinating Committee for Labor Rights & Liberties, HMLC issued this book as an attempt to understand to what extent market economy and privatization influenced the structure of Egyptian working class and the transformation frames created by this influence. It also deals with the qualitative change of the working class as well as the new elements which have broken away from government-controlled unions and entered the protest movement to express and defend their interests. To clearly illustrate the conditions of working class, the book made several statistics, regarding 2007, on the workers' distribution according to economic activities, operation sector and governorates, education, professions, and governmental, public and private sectors. Finally, it dealt with the latent reasons that push workers towards protest actions such as unemployment, the fragility of official unions, the widespread of temporary, casual and seasonal work at the expense of permanent work and the weak pays compared to prices.
14.Health Insurance and Disbanding Risks…Alternatives and Confronting Mechanics (People Issues Series: Book III)
BY MOHAMED ABDEL SALAM
This book documents the workshop conducted by three organizations: HMLC, the Coordinating Committee for Labor Rights and Liberties, and the Health and Environment Development Foundation. The workshop was held for discussing the risks threatening the social health insurance, especially after the premier's decree No 637/2007 providing for establishing a holding company for health care to replace the health insurance agency. So, all the staff and properties of health insurance agency were transferred to the holding company which became responsible for providing services and determining their prices. This transfer represented a radical change in the nature of health insurance from being social service to a trade service. In addition, the decree is considered a kind of latent privatization. Finally, the workshop addressed the issue through four-angles: a. health crisis in Egypt, b. health insurance between the current status and the new bill, c. medicine problem in Egypt, d. Alternatives and Confronting Mechanics.
15.Workers, Employees and Court Rulings (the Workers, Employees and Court Rulings Series, First Book):
BY KHALED ALI
In cooperation with the Coordinating Committee for Labor Rights & Liberties, HMLC launched this series with the first book holding its name. The series was launched for promoting human rights awareness in order to empower workers with fairness tools and mechanics, i.e. throwing the light on the salient court verdicts relevant to workers and employees. So, the book includes 17 verdicts handed down by different Egyptian courts, each verdict is preceded by a simplified version of the case's subject as well as extracting the most import principles involved in the decision. The court decisions included, among other things: the rights of mine workers; employees' investigating guarantees; the rules of transfer, secondment, promotion; the guarantees of protecting contract relationship; work injuries; holidays; disciplinary, penalty and firing procedures; and the right of labor representatives to receive membership and annual bonuses.
16. The Case A. B (Judicial Files Series: The First Book)
This book documents a case lodged by HMLC so as to modify the general assembly tables of the Press Syndicate. The center demanded amending the election tables from being listed according to press institutions to be in accordance with the alphabetical order of the general assembly members. The court decision has been handed down in our favor. The importance of this verdict stems from being derived from no articulated provisions but, rather, from the internationally recognized standards found in the established democracies.
17. The Right to Education between quality and Pricing
In cooperation between HMLC and the Egyptian Center for the Right to Education, this book was issued in order to review the law 82/2006 establishing the National Authority for guaranteeing education quality. The study crystallizes a human rights vision on the conditions of the right of education throughout the second half of nineties, as well as the reflections of the legislative amendments on the right to education.
18.1952 Kafr-el-Dawar Massacre and the Martyrs Khamies and Baqary
BY Ahmed Sharaf el Dein
In this booklet the lawyer and leftist Ahmed Sharaf el Dein tried to commemorate the first two workers, Mustafa Khamies and Mohamed el Baqary, who were executed a few weeks after 1952 revolution. The two workers, or the two martyrs, were the first victims of the 1952 regime. In response to Mohamed Hassanein Heikal, Sharaf el Dein tried to put the true facts before our eyes and to depict a picture of those martyrs. Khamies and baqary have become a symbol for the working class struggle.
19) The 18/19th January 1977 Uprising
Prepared by Hamdy al Assioti
This book documents one of the most important political cases in which the late lawyer Ahmed Nabil Al-Hilaly delivered a great speech for the defendants who were accused of participating in the 1977 uprising which destabilized the sadat regime. The uprising, or the bread uprising as they called it later, had been erupted spontaneously immediately after the government announced the price rising of basic commodities like bread. Based on Al-Hilaly's historic speech, which combined all sorts of arts of proceedings and the great ability to analyze the facts and documents, the court decided that the defendants were not guilty. His speech is widely considered a great lesson for lawyers, since it combined between a deep understanding to law and the nature of political circumstances that led to the uprising. This book saw the light as part of the Judicial Files series the center intend to launch for documenting the most significant cases, verdicts, speeches for the defense and memos conducted by high profile lawyers to the benefit of human rights.
20) Case of Insurance and Pension Funds
by Khaled Ali
It is the first book in "People Cases" series. Through this series we try to address simply the rights of well known interest to most citizens. To widen the scope of knowledge and discussions as well as the number of beneficiaries, these rights are related to social and economic as well as civil and political rights. This book aims to exposing the government which integrated the insurance funds into the Ministry of Finance to conceal its financial manipulation and to be part of state budget. It also addresses the government's attempt, through amending Social Insurance Act, to reduce the advantages of insurance beneficiaries and put its hand on the insurance funds estimated at about LE 200 billion. So, this book was released to expose the false allegations reiterated by the government and to make the public aware of the encroachment process committed against their rights.
21)The Nature of the Supreme Constitutional Court's Rulings
BY Khaled Ali Omar
the supreme constitutional court (scc) has been established in 1979. its subsequent rulings have sought to define rights and liberties for all citizens and to interpret the constitution itself. Chapter v of 1971 constitution specifies the supreme constitutional court as “an independent judiciary,” created “to undertake the judicial control in respect of the constitutionality of the laws and regulations,” and “the interpretation of the legislative texts in the manner prescribed by law.” this book “the nature of the supreme court's rulings” addresses the nature of its rulings before and after promulgating the law 168/1998. it also deals with the judicial effects of its verdicts. Finally, the book includes a number of documents listed in appendices.
22) The Constitutionality of Emergency Law and Martial Orders
By Ahmed Seif el Islam
The state of emergency has been declared immediately after the assassination of president Sadat. Under this law the Egyptians have become vulnerable and liable to arrest and detention for indefinite periods without being charged or brought to trial. Further, as part of exceptional laws the martial orders have become one of the most prominent features that erodes the rule of law. In this book the author Ahmed Seif el Islam researches the constitutionality of both state of emergency and martial orders and their defects as well as their adverse effects on all Egyptians.
23) Engineers Against Receivers: Free Syndicate in Free Homeland
By Abdel Aziz al Hosseini
Due to the importance HMLC attaches to syndicate liberties in Egypt as well as the role played by syndicates in promoting human rights values in society,HMLC adopted the case of Engineers Syndicate more than two years ago. The first urgent issue for the syndicate was holding an emergency general assembly to help members discuss their internal affairs. For this issue, the center, in cooperation with the offices of Ahmed Nabil Al Hilali and Isam el-Islamboli, succeeded in receiving a verdict in our favor and implementing it. For further step, the group of Engineers against Receivers asked the center to file a lawsuit for supporting their right to hold elections which hadn't convened since 1995. Finally, the Court of State Council decided to hand down a verdict in February 2008. The book “Engineers against Receivers” has come to light to document the struggle of engineers to get back their syndicate.
24) Cases of Eritrean Refugees in Egypt
Prepared by Mustafa Al Hasan Taha
this book documents what happened to the Eritrean refugees who fled their country to have a job opportunity in Egypt. They were captured in Aswan and divided into groups to be tried before Egyptian courts. Mustafa Al Hasan, the author of this book, collected all the relevant material to the case along with an introduction introducing the life and the state of human rights in Eritrea. The investigation reports had shown the miserable life of those refugees in their own country that led them to fled the country to seek fortune in Egypt. The branch of HMLC in Aswan had followed the case from A to Z, and so this book is very important for those who want to know what happened to the Eritrean refugees.
25) Symposium of Anti-Terrorism Law
Introduced by the judge Zakaria Abdel Aziz
Prepared and edited by Wael Tawfiq
The Club of Judges held a symposium with the purpose of discussing the anti-terrorism bill and its impact on judicial autonomy as well as concluding a number of demands and procedures that: 1. secure the judicial autonomy as the only safeguard for justice fulfillment; 2. nonproliferation of straitjacket laws that encroach on public rights and liberties; 3. securing the political reform the president called for in his latest constitutional amendments; 4. conserving the constitution especially articles 41, 44 and 45. in this symposium the Club of Judges had gathered the elite of judges and law professors from different universities nationwide to evaluate the proposed anti-terrorism bill as well as giving their insights on the straitjacket laws that threaten the Egyptian society, institutions and citizens. Finally, this book collects different viewpoints on the proposed anti-terrorism law. It deserves reading.
26)Trade Union Freedom
Prepared by Khaled Ali Omar
This book (Trade Union Freedom between Legislative frames and the Supreme Constitutional Court Principles) came to light as the first part of the Right to Organize series. Introduced by Gamal Al Banna, the book deals with the trade union freedom within the international and constitutional frame. The international frame includes the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Social, Economic and Cultural Rights, and the agreements of the International Labor Organization. The constitutional frame includes the provisions of Egypt's constitution, and the principles laid down by the Supreme Constitutional Court on trade union freedom. Finally, the book highlights the legislations of the trade union structure before and after the law No 35/1976 and the practical exercise of freedom of association.
27) Trade Unions Without Workers and Workers Without Unions
prepared by Saber Barakat and Khaled Ali Omar
Trade Unions Without Workers and Workers Without Unions is an elaborate report on labor elections, session 2001/2006, which witnessed the birth of the Coordinative Committee for Labor Rights and Liberties. The Committee has worked hard to monitor the session and prepared in detail this report. It deals with trade union organizations and their structures, including the General Federation of Trade Unions, and the general climate of elections. Here are some facts of the nature of electoral process: 1. Trade Union Act earmarked only three vague-worded articles for organizing trade union elections and left all details to be elaborated by the Minister of Labor Forces. 2. Since the law hadn't fixed or laid down standards for electoral rules, election results can be manipulated and forged. So, most of the members elected by default had relied on the absence of law. 3. Due to the lack of the articles organizing electoral process, the ruling party tailored different decrees and rules for every labor elections to suit its clique.
28) Pen Holders Versus Restrictions
prepared by Ahmed Ragheb and Emad Mubarak
In accordance with law 100/1993, amended by the law 5/1995, the Judicial Committee for Professional Syndicates (the body responsible for organizing professional syndicates' elections) has been entitled with wide powers and competencies. Key among the amendments carried out by the law was the creation of a judicial committee supervising elections on everything from A to Z (from reviewing tables to receiving applications, counting votes and announcing election returns). While some critics see this committee as a blatant intervention in the syndicate's affairs, others see it as a guarantee of democracy. The amendment creates more specifications for article 6 which provides, in detail, the mandate of the Judicial Committee to insure its full control over elections. The amended Article 6 states that "to be able to achieve its full supervision, the judicial committee enshrined in article 6 shall be entitled to:
1. Determine the opening and closing days for nomination and elections and the place of casting votes according to the law;
2. Review members' lists in both general and sub-syndicates as well as voters’ lists prepared by the syndicate's council and adopted by the chairman to make sure of accuracy. For doing this, the Committee is entitled to select and authorize an expert;
3. Arbitrate complaints submitted against the lists in a 7-day period as of the date of announcing the lists. The decisions taken are to be delivered to those concerned within three days of releasing them;
4. Arbitrate all complaints submitted during the electoral process to ensure application of the law;
5. Announce election returns and the number of votes for each candidate, and then the Chief Justice of South Cairo Court shall announce the general results;
Further, ballot box supervisors shall oversee voting process, arbitrate all relevant issues and the validity or nullity of votes, and implement the judicial committee’s decisions. Their functions shall be confined only to the election."
29) Apartheid Wall
Prepared by Ahmed Ragheb
This research had been prepared by Ahmed Ragheb as an attempt to collect the case of apartheid wall built by Israel to separate Israelis from Palestinians and to dismember the Arab territories. The research documents how the Palestinian side had recourse to the International Court of Justice as one of the peaceful methods for settling the dispute. In the second section, the book deals with the obligations of the occupational authority in accordance with the international law. The third section addresses the most important pleas on which the International Court of Justice has based it own judgment on the separatist barrier. The book, finally, includes the legal documents and the text of the International Court's judgment, which is deemed the most important document.
30) Embedding Tyranny and Return to Guidance Era
Prepared by Ahmed Ragheb
Hisham Mubarak Law Center has published this book as an attempt to release a human rights vision that deals with the bill of the National Authority for Organizing the Audio and Visual Broadcast—the bill that provoked a storm of discussion and debate among Egypt's cultural elite. The book includes six sections: 1. an introduction; 2. media censorship and the phenomenon of digital and electronic media; 3. discussing a number the bill's articles and whether it represents organizing broadcast or imposing censorship on broadcast; 4. the relation between the broadcast bill and the rights and freedoms in Egypt; 5. the final conclusion; and 6. the documents that include the bill of the national authority for organizing the audio and visual broadcast, the Arab satellite broadcast paper, and finally the press release issued by HMLC on the bill.
