Informe provisional - Informe núm. 133, 1972

1. 281. This case was last examined by the Committee in March 1972, when it submitted to the Governing Body an interim report, which is contained in paragraphs 267 to 281 of the Committee's 129th Report. At its session in June 1972, the Committee adjourned its examination of the case since the information requested from the Government had not been received.
2. 282. In communications dated 22 March 1972, 8 June 1972 and 9 September 1972, the General Federation of Jordanian Trade Unions submitted allegations of infringements of trade union rights in Jordan, and in two further communications, dated 10 and 15 April 1972, the Trade Unions International of Chemical, Oil and Allied Workers submitted additional information in connection with the complaints. These allegations and the additional information were communicated to the Government for its observations. In a communication dated 14 June 1972, the Government transmitted certain observations relating to the complaints.
3. 283. Jordan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 284. When it last examined this case, the Committee had before it contradictory information concerning the alleged dissolution by the authorities of the General Federation of Trade Unions, the Government having stated that a new executive had been appointed to the Federation in accordance with the rules of that organisation, since the members of the executive had resigned following an internal dispute. The Committee, accordingly, requested that full and precise information concerning this aspect of the case be transmitted to it.
2. 285. An allegation had also been made that the Union of Workers and Employees of the Zarka Petrol Refinery had been dissolved and its secretary dismissed, and that the Union of Workers in the Petrol and Chemical Industries had been set up by the authorities. In this connection, the Committee requested the Government to supply copies of the ministerial decision issued in accordance with Law No. 16 of 1970, by virtue of which the amalgamation of trade unions of a similar type was ordered, and to provide full and precise information regarding the alleged dissolution of the aforementioned union, the establishment of the Union of Workers in the Petrol and Chemical Industries and the appointment of its executive.
3. 286. The Committee also requested the Government to supply as precise information as possible about the alleged arrest, in 1970, of Ahmad Abdul Karim Abou Odeh, a Jordanian trade union leader and a member of the executive of the Inter-Arab Federation of Agriculture, as well as the legal or judicial proceedings instituted as a result thereof and the outcome of such proceedings. Information was also requested in connection with the alleged arrest and death in prison of the trade unionist Mustapha Abdul Aziz, who, according to the complainants, was arrested on 22 April 1971, was tortured and died in prison.
4. 287. In its communication dated 22 March 1972, the General Federation of Jordanian Trade Unions refers to the dissolution in October 1971 of the Executive Committee of the Federation of Jordanian Trade Unions and its replacement by a committee appointed under martial law. The Federation also states that, on 5 January 1972, all workers' unions were dissolved and the Minister of Labour proceeded to amend the Constitution of the Federation as well as the Constitutions of all other unions. Administrative committees were also appointed by the Minister. In addition, the complainants attach to their communication a list of six trade unionists who, according to the complainants, were put to death by the authorities between May and September 1971. The complainants also attach a list of trade unionists who, according to the complainants, have been imprisoned in Jordan. In their communication of 8 June 1972, the complainants state that hundreds of trade unionists are still in prison, and many have suffered death by hanging. In their communication dated 9 September 1972, the complainants allege that two trade unionists, namely Fayez Albijani and Mohammad Abu Shamaa, were arrested on 1 July 1972, and are still in prison, where they have been subjected to torture. In addition, state the complainants, the President of the Palestinian Women's Union, Issam Abdulhadi, was deported by the authorities.
5. 288. The Trade Unions International of Chemical, Oil and Allied Workers, in a communication dated 10 April 1972, transmits a copy of a memorandum addressed to it by 16 Jordanian trade unions protesting against the interference of the Jordanian authorities in trade union matters. This organisation also transmits a copy of a resolution adopted by the General Council of the International Confederation of Arab Trade Unions between 17 and 19 January 1972, condemning the Jordanian authorities and refusing to recognise the official Jordanian trade union delegation.
6. 289. In its reply dated 14 June 1972, the Government communicated the text of a statement made during a press conference given on 28 October 1971 by the interim Secretary of the Federation, Mr. Musa Qwaidor which, according to the Government, explains the trade union situation in Jordan. The Government adds that the trade union elections which took place in Jordan were in conformity with Temporary Law No. 67, section 234 of which provides that candidates for the executive committee must not have been convicted of any crime or misconduct. As a result, objection was taken to the candidature of some of the members of the executive committee.
7. 290. In the statement supplied by the Government, the interim Secretary of the Federation states that in July 1970 elections were held within the general assembly to appoint an executive committee. The Labour and National Liberation candidates were elected in preference to the Progressive candidates but it was not long before difficulties arose. In February and July 1971, the former Secretary-General was led to resign, and hardly three months after the elections, three members of the committee left the country, two of them permanently. On two occasions, from August 1970 to January 1971 and from August 1971 to September 1971, the work of the committee was interrupted. On 5 September 1971 another member of the committee resigned and on 12 September 1971 five members resigned because of internal disharmony. A further member of the committee resigned on 24 September 1971.
8. 291. The statement continues that, acting contrary to section 29 (a) of the internal statutes, the Secretary-General called upon the six members whose names appeared on the waiting list. These persons, not knowing whether this decision had been regularly taken or not, suggested a meeting of the general assembly, whereupon the Secretary-General declared that since most of the unions had not paid their contributions, no decision could be taken by the general assembly. On 28 September 1971, the Secretary-General tendered his resignation as well as that of his colleagues to the Minister of Social Affairs and Labour, thus effectively dissolving the executive committee.
9. 292. The statement adds that, in the circumstances, an interim executive committee was appointed to manage the affairs of the Federation for a period of two months (i.e. until 5 December 1971), when the general assembly was to meet to elect a new executive committee.

B. B. The Committee's conclusions

1. 293. The Committee notes that, while the statement communicated by the Government illustrates the events which led up to the appointment of an interim executive committee of the General Federation of Jordanian Trade Unions in October 1971, it does not contain information concerning the matters on which the Committee had requested details and precise information. In particular, the Government has not replied to the allegations concerning the dissolution of the Union of Workers and Employees of the Zarka Petrol Refinery, the establishment of the Union of Workers in the Petrol and Chemical Industries and the appointment of its executive, or to the allegations concerning the arrest of Ahmad Abdul Karim Abou Odeh and the arrest and death of Mustapha Abdul Aziz. Further, the Government has not supplied, as requested by the Committee, copies of the ministerial decision issued under Law No. 16 of 1970, which, according to the complainants, ordered the amalgamation of unions of a similar type. Moreover, the complainants have formulated additional allegations, concerning in particular the arrest, imprisonment, deportation and execution of certain trade unionists, the dissolution, on 5 January 1972, of all workers' unions and the appointment by the authorities of executive committees to newly established unions. The Government has supplied no information concerning the above allegations.
2. 294. The Committee has, in the past, emphasised that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and that if it protects governments against unreasonable accusations, governments for their part should recognise the importance, for the protection of their own good name, of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward.
3. 295. In connection with the compulsory amalgamation of unions of a similar type, as provided for by Law No. 16 of 1970, the Committee notes that more recently, in November 1971, the Government adopted a new Labour Act (Temporary Act No. 67), section 214 of which prescribes that not more than one general trade union may be formed for a given occupation or for occupations that are similar, related or associated in a single branch of production. Section 257 of the same law provides that federations shall be free to set up a common general federation, and under section 258, a request for the creation of a general federation shall be submitted to the minister, who may approve or reject the application. Section 277 provides that unions which fail to bring their activities into line with the Act shall be wound up and their assets made over to the ministry.
4. 296. According to these provisions, the new Labour Act has instituted a single trade union system, a situation which calls for the same comments as were made by the Committee when it examined this case in March 1972 (129th Report, paragraph 278), and recalled, as it had done on previous occasions z that, while it may be to the advantage of workers to avoid a multiplicity of trade union organisations, unification of the trade union movement imposed through state intervention by legislative means runs counter to the principles of freedom of association. The Committee of Experts on the Application of Conventions and Recommendations has emphasised on a similar question that " there is a fundamental difference, with respect to the guarantees of freedom of association and protection of the right to organise, between a situation in which a trade union monopoly is instituted or maintained by legislation and the factual situations which are found to exist in certain countries in which all the trade union organisations join together voluntarily in a single federation or Confederation, without this being the direct or indirect result of legislative provisions applicable to trade unions and to the establishment of trade union organisations. The fact that workers and employers generally find it in their interests to avoid a multiplication of the number of competing organisations does not, in fact, appear sufficient to justify direct or indirect intervention of the State and, especially, intervention by the State by means of legislation ". While it fully appreciates the desire of any government to promote a strong trade union movement by avoiding the defects resulting from an undue multiplicity of small and competing trade unions, whose independence may be endangered by their weakness, the Committee would again draw attention to the fact that it is more desirable in such cases for a government to seek to encourage trade unions to join together voluntarily to form strong and united organisations than to impose upon them by legislation a compulsory unification which deprives the workers of the free exercise of their right of association and thus runs counter to the principles which are embodied in the International Labour Conventions relating to freedom of association.
5. 297. Furthermore, the Committee considers that a provision whereby the minister may approve or reject at his discretion an application for the creation of a general federation, as provided for in section 258 of Temporary Act No. 67, is not in conformity with the principles of freedom of association.
6. 298. The Committee also notes that the Government refers to section 234 of the new Labour Act, which provides that candidates for the executive committee of a union must not have been convicted of any crime or misconduct. As a result of this provision, objection was taken during the last elections to the candidature of certain persons. In this connection, the Committee has pointed out z that conviction, on account of offences the nature of which is not such as to be prejudicial to the proper exercise of official trade union functions, should not constitute grounds for disqualification for trade union office and that any legislation providing for disqualification for any type of criminal offence might be regarded as inconsistent with the principles of freedom of association.