This report is considered issue no. 45 of LCHR's Economic & Social Rights series. It presents a story that took place in Egypt South of the Nile – Bany Swief governorate in the organic fertilizer factory. As the factory's administration has made continuous violations against workers rights in the factory, starting with depriving them of salaries, health insurance, social security, and passing through preventing them from working, threatening them with firing and modifying their contracts.
In the First Section, the report undertakes the story of this factory, which was established in 1998 to serve Bany Swief area, this project had it's own independent budget and administration to manage its' affairs, which mean that it belongs to the public sector owned by the state. This project aims to collect all waste products in Bany Swief and turn them into organic fertilizers and useful products.
The factory's organizational panel states that all of the factory's workers and staff must receive a monthly bonus of 30 pounds, in addition to receiving a daily meal or receive an equivalent of 2 pounds instead, each worker must wear a unified uniform according to his group, and all of the safety and precautionary procedures must be followed.
The relationship between the workers and the project is organized by the labor law no. 79 for the year 1975 and the private sector law no. 12 for the year 2003. but non of these laws have guaranteed their rights.
These workers have started working in the factory 8 years ago with registered contract and for a monthly salary of 100 pounds, they have the right to work in only one shift according to the factory needs. 40 pounds are subtracted of their salaries every month for health insurance and social security. But in reality, they didn't have any social security, and they had health insurance from October 2003 till December 2004, which mean that they were insured for only one year, as the factory has canceled the insurance, while at the same time the 40 pounds are still being subtracted every month out of their salaries.
The factory workers work in dangerous conditions, as they sort and categorize the waste products, put them in machines and load them, which mean that they deal with the malodor and stench of these waste products and trash ha expose them to different kinds of diseases, in addition to accident at work like being cut by glass, needles, nails or any other sharp objects that could cause poisoning and sometimes death.
This is proved by the accident that led to the death of "Esmat Khamees" one of the workers in the factory, as an injection needle has pierced through his leg which has caused poisoning, when his family took him to a hospital, the doctor confirmed that he needs an immediate operation that costs 5000 pounds, the rest of the factory workers have gathered money from each other to help this family, and the operation was done in a private hospital, but it didn't succeed, as they were too late, which have led to the amputation of the worker's leg after 15 days from the operation, the worker couldn't bear the shock of loosing his leg, and he died a week later. After the worker's death, his colleagues demanded the factory's administration to provide his family with pension, but this demand was denied. The workers wen to the governor of Bany Swief demanding the right of the family of their dead colleague in pension, but he confirmed to them that this worker doesn't deserve pension, which made the workers rage and demanded the factory to provide them with health insurance and social security or they will stop paying the 40 pounds that they pay every month, and the factory has made health insurance for them and then canceled it after a year.
In the Second Section, the report undertakes the nature of the relation between the workers and their work in the organic fertilizer factory owned by the governorate. As on the 10th of April 2005 which was an Islamic religious holiday, they were summoned by the factory, when they got there, the manager asked them to sign the attendance and leave register, and also asked them to sign new working contracts, the workers found out that these new contracts will eliminate the rest of their rights, and they refused to sign. The manager confirmed that anyone who doesn't sign the new contract will no longer work in the factory. The workers left the factory and went to Bany Swief police station to file a complaint, but the police commissioner advised them to solve this matter peacefully, he summoned the factory manager and they all went to Bany Swief governor, the workers explained the problem to him. The governor said "the contracts between you and me demand me to give you a raise and I don't have any raises for you, if any of you dislike working under the new contract, he can look for another job". The next day the workers went to the factory, and the manager asked them again to sign the new contracts, but the workers refused once more and went to Bany Swief police station to file a complaint, but the police commissioner refused to do so and threatened them saying "if any of you refuses to work, I will detain him", then the workers went to the prosecution and presented a complaint, which allowed them to file a lawsuit with no. 1857 for the year 2006, the prosecution started investigating their complaint and promised them to contact the factory manager and the project manager, but that never happened. On the 13th of April 2005, the workers went to the Labor Office in Bany Swief to present their complaints, but the Labor Office refused to receive complaints from all the workers, and filed complaints for only 3 of them as delegates for the rest of their colleagues. The workers demanded in their complaints to return to their work and receive their salaries. The Labor Office asked them to come back on the 17th of April 2005 to know what happened with the factory manager. But till today, the Labor Office didn't transfer the workers complaints to the court, refused to receive the rest of the workers complaints and sent all the papers that it possesses to the bureau of the governorate fearing to make the necessary legal procedures, as the accused or the complained of is the governor, and the Labor Office is subordinate to him.
It is worth mentioning that on the 15th of April 2005, 21 workers went to the factory, signed the new contract and started working, while the rest of the workers went to the headquarters of the National Party in Bany Swief calling for help, but no one came to their aid. On the 16th of April 2005, the rest of the workers who are 30 people went to the governorate intending to make a sit-in, till they are returned to their jobs, but the governor confirmed to them that there is no money and they must sign the new contracts if they wish to return to their work, and said "it is best for you to sign in silence". The workers were in despair, they discussed amongt themselves what can they do? Bu they didn't know who can they present their complaints to? If they didn't go to work, they will not be able to support their families, which made most of them go to the factory and sign the new contracts.
In the Third Section, the report undertakes some remarks and recommendations, as this story is considered an example of the state's ferocious attack to eliminate the rest of the workers rights.
The LCHR presents the workers complaints to the Prime Minister and the Minister of manpower to demand the governor of Bany Swief to cancel the new contracts that he forced the workers to sign, as their old contracts state they have been working in the factory since 1998 and that they have been paying for health insurance and social security since then. We also demand to allow them to establish a syndicate committee that can defend their rights, in addition to giving them their late salaries and bonuses according to the factory's panel, and commit the governor to provide them with all the safety and precautionary equipments to protect them from any health accidents.
The LCHR also demands all human rights and labor CSOs in Egypt to make field visits to this factory in Bany Swief to see what is happening with their own eyes, and unite in solidarity with the workers demands and rights in safety, suitable working conditions and fair fees.
This report will be published on our website when we finish translating it.