The repercussions of trade unions in the face of the executive authority

Written by: Attorney Ibrahim Shaaban

The many Palestinian trade unions of different names, including doctors, engineers, lawyers and teachers, have entered into numerous confrontations with the current Palestinian government at different stages of time and still are. .

It seems that the system of public rights and freedoms and their provisions stipulated in the Basic Law of 2003 in its second chapter have become an effect after an eye in the eyes of the current government. No one pays any attention to it and gives it any importance in the application, as if it were ink on paper. Rather, this human rights system has become linked to the politician's mood, his political interest, and his interpretation of it. If he wanted, he took it and if he wanted, he neglected it and did not act on it with various arguments and pretexts, the simplest of which is the argument of the broad and supreme Palestinian interest.

The Palestinian Basic Law, which is like a constitution, stipulated in its second article that the people are the source of authorities and that the principle of the rule of law is the basis of governance in Palestine (Article Six), and that human rights and basic freedoms are binding and must be respected (Article Ten), and that trade union organization is a right that regulates the law Its provisions (Article 25, Section 3), and that the right to strike is exercised within the limits of the law (Article 25, Section 4), and that Palestinians have the right to form syndicates, associations, federations, leagues, clubs, and popular institutions in accordance with the law (Article 26, Section 2).

On top of this and that, the Charter of Civil and Political Rights of 1966 and the Charter of Economic, Social and Cultural Rights of 1966, to which the State of Palestine acceded, explicitly and clearly stipulated the right to strike and to form professional and trade unions, especially in Article 8 of the last charter and Article 22 of the first charter.

In evidence of this and drawing inspiration from these references and sources and what was previously practiced before and after Oslo as a binding custom, the current Palestinian Prime Minister stated upon assuming his duties that public rights and freedoms are sacred and may not be infringed upon. Many were optimistic, especially on the many professional trade union levels and in light of the many constitutional texts. However, the daily authoritarian government practices, as a result, pointed to an isthmus and a gap between application and theory, and between the authoritarian government concept and the trade union professional concept.

We must not forget that the Palestinian trade unions and their complex historically played a pivotal role in the struggle of the Palestinian people to resist the Israeli occupation and its military rule. Together with the national forces, they founded what was called the National Steering Committee at the time, and they also founded the Higher Education Council, which sponsored Palestinian universities while they were in their infancy. It is no secret that professional unions with student councils in universities (doctors, pharmacists, engineers, lawyers, dentists, and agricultural engineers) contributed to, drew, and implemented elections as a democratic means at a time when democracy escaped the time of military occupation, to take power in a union, student council, club, or association. These unions remained as a lever of democracy and used free, fair and transparent elections to represent their general assembly and defend their professional interests. It goes without saying that these trade unions have their own laws, subsidiary legislation, public bodies, boards of directors, and budgets that are independent of the executive authority, i.e. from the government and its administrative decisions.

Therefore, it has its own decisions, visions, and policies, and a financial liability that is separate from the government, and may even conflict with the government and its policies sometimes.

This clearly happened during the last period of time, when the interests of the elected conflicted with the interests of the appointed.

In the absence of presidential elections, and in the absence of the legislative and national council elections, and in the absence of elections for political frameworks, there is nothing left but the elections of professional associations with their different names as a facade for Palestinian democracy and its free elections, with the student councils not being overthrown. Not only that, but the Palestinian legal structure remained frozen at the point at which the last legislative council ended, despite the changes that occurred in Palestinian society.

For example, the president, through his powers through Article 43 of the Basic Law, enacted hundreds of necessary (temporary) legislation, which we call a transgression (decisions by law) on various issues, although it is not a necessity that does not tolerate delay and accepts postponement in its content, but unfortunately he did not enact legislation for trade unions The workers who fell or were removed according to Labor Law No. 7 of 2000, despite the intention to enact it at the time. Likewise, the president did not enact legislation necessary to establish a teachers' union, although our neighbors in Jordan worked to enact such a law, despite their previous strong objections to its enactment. Hence, we had a legislative vacuum, and we had a trade union movement. It is inconceivable for such a large number of teachers to remain without professional representation of their interests, and without a union that constitutes a legal framework for them. At the same time, it is unreasonable to say that the government or the Ministry of Education is the representative of teachers and is keen on their interests, in the absence of a budget approved by a legislative council, and a parliament that monitors the work of the government and holds it accountable, but rather overthrows it and withdraws confidence from it, weak public opinion oversight, and organizations Human rights do not affect government decisions.

This article is not devoted to a historical account of the confrontations that took place between professional unions and their demands, and we add the Teachers Syndicate to it bypassing it. But the essential matter is how can a government that represents its people collide legally and practically with a segment of this diversity, professionalism and popularity with its long history of struggle. Rather, how can a government whose members are mostly enlightened professionals not sympathize with the just demands of this wide segment that plays and has played a very important and patriotic role, while people like them are getting paid exponentially for their limited demands. These are demands that could have been responded to and achieved despite all the different circumstances and crises.

Public utilities, at the core of which are trade unions, emanate from their public bodies and their elected boards of directors. And it does not need the weapons of boycott and strike or waving them, in order to achieve these interests, as it is more useful to achieve them through productive and transparent negotiations under the rule of law, and without condemnation or threat from any party even if it is supported by the various security forces, as those born in storms do not fear wind blowing!!!