600 Arbeiter der Nubariya Engineering seit 3. September im Sit-In

Ein (englischer, mit kurzer deutscher Zusammenfassung) Solidaritätsaufruf des Center for Trade Union and Workers Services (CTUWS) vom 26. September 2005, aus Anlass einer Demonstration der Streikenden in Alexandria.

Workers of the Nubariya Engineering and Agricultural Automation Company Conducting a Sit-In Since 3rd September Demonstrate In Front of the Alexandria Governorate on Monday, 26 September 2005

The workers of Nubariya Engineering and Agricultural Automation Company gathered at noon on Monday, 26 September 2005 in a peaceful demonstration to object to the arbitrary and unfair measures and the serious violations committed by the company's board of directors which clearly announced disregard of the mentioned laws and regulatons.

The company's 600 workers had started an open sit-in at the company's headquarters on Saturday, 3 September 2005 after the company's board of directors dismissed all the worker members of the shareholders' board of directors, as well as other workers, without consulting with the five-person committee in a violation of the Labor Law. The company's board insisted on the violation before the Labor Bureau's representative withwhom the company's main investor Ahmed Diaa Hassan dealt with utmost arrogance stating that he "only applies the board of directors' law and no other."

Nubariya is an affiliate of the Agriculture Ministry which was privatized in 1997 through offering the company's shares for sale according to a system that prohibits individual ownership of more than 10% of the company shares. Workers own 20% of the shares to enable them to participate in managing the company and making its policies. However, Dr. Ahmed Diaa Eddin Ali Hussein was able to manipulate the company's Articles of Association and bought 67% of the company's shares thus becoming an anchor investor.

The company's workers and shareholders' union board of directors submitted a complaint in 1999 to the Capital Market Authority (CMA) which received proof of the investor's violation of the CMA's law and asked the investor to rectify his position in accordance with the law within two weeks. However, Dr. Diaa Eddin manipulated the law again by performing a fake share sale to his underage sons, family members and other companies, in addition to some influential figures in government institutions. Thus, he was able to control the company's board of the directors, reduce worker representation in the shareholders' union to only one, and direct the company's policies as he pleases.

The company's board of directors controlled by the anchor investor (Dr. Ahmed Diaa Eddin) violated and circumvented the law many times. The company's actual activities stopped, as well as all replacement and renewal activities, restricting the company's activities to trading on the stock market in a clear violation of the law. Meanwhile, the value of the workers' stake of the company's shares was reduced from 20% to 13%.

The Nubariya workers –in their capacity as stakeholders in the company as both workers and shareholders- tried to defend their interest and rights. They did their best and addressed all the relevant authorities in order to stop the repeated violations. However, they did not find assistance. On the other hand, standing up to the main investor's unfair actions that violate the laws resulted in his freezing or dissolving the activities of the labor union (the measure does not exist in the law). He then discriminated against and marginalized the shareholders' union representative on the board of directors and refrained from recording the comments made by the mentioned representative.

To protect their interests, the workers on the shareholders' union –in an emergency general assembly- issued a decision to have a lawyer attend the company's board meetings. The lawyer was given power of attorney certified by the CMA. However, the board of directors refused to allow the lawyer to attend the meetings, in which case the lawyer notified prosecution. The board of directors also threatened the workers and their union board to cancel the power of attorney. The workers refused to give in to the threat. As a result, the board of directors escalated the situation by dismissing workers on the shareholders' union board with two other workers without consulting with the five-member committee in a blatant challenge of the law.

The workers gathered this morning in front of the Alexandria governorate building demanding the local administration to intervene. The deputy governor met the workers, listened to their case and contacted the Labor Force Directorate. The deputy governor promised that the governor will contact the Labor Force Minister to discuss their complaint and seek a resolution of the current crisis. The workers then returned to their company to resume their sit-in.

The Center for Trade Union and Workers Services (CTUWS) announces its solidarity with the workers of the Nubariya Engineering and Agricultural Automation company and demands a serious investigation of the incidents of the company's management ownership of shares so that the law is victorious as nothing and nobody should be above the law. CTUWS also requests that all the decisions taken by the board of directors in the forced absence of the representative of the workers' shareholders' union be canceled and the board activities be frozen until the relevant investigation is complete in order to preserve the rights of the shareholders and workers.

CTUWS, announcing its solidarity with the Nubariya factory workers, calls upon all relevant and concerned authorities to respond to the workers' fair demands. CTUWS also calls upon you to support the struggle of these workers in defense of their right to life and a safe livelihood.

Center for Trade Union & Workers' Services (CTUWS), 26 September 2005

Please send solidarity letters to:
The People's Assembly Fax: 7942435
The Egyptian Federation of Labor Unions Fax: 5753427
Cabinet Fax: 7958048
Prosecutor General Fax: 5757165 and 5774716

Kurze deutsche Zusammenfassung

Nurabiya war ursprünglich ein Betrieb des Landwirtschaftsministeriums, der 1997 privatisiert wurde. Dem gesetz entsprechend musste die Belegschaft 20% der Aktien bekommen und eine entsprechende Vertretung im Aufsichtsrat und es durfte keine Mehrheitsaktionäre geben, was Dr. Diaa Eddin umgehen konnte, dem heute zwei Drittel aller Aktien gehören. Und sein Aufsichtsrat hat dafür gesorgt, dass, neben anderen, auch ein arbeitervertreter im Rat entlassen wurde - an diesen Entlassungen hat sich der Protest "entzündet'". Darüber gab es zunächst mehrere legale Verfahren, während derer die Geschäftsleitung auf ihrer Posiiton beharrte. Deswegen wurde der betrieb besetzt und nun die Demonstration zum Vizegourverneur von Alexandria gemacht, der eine positive Lösung für die Arbeiter zusagte...

(hrw)