Informe provisional - Informe núm. 129, 1972

1. 267. The complaints are contained in two communications, from the World Federation of Trade Unions and the Trade Unions International of Chemical, Oil and Allied Workers, dated respectively 21 May 1971 and 15 November 1971.
2. 268. The complaints were transmitted to the Government, which sent its replies thereon in three communications dated 25 December 1971, 3 January 1972 and 12 January 1972.
3. 269. 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. 270. In its communication dated 21 May 1971, the WFTU states that for some time repressive measures have been taken by the Government against trade union leaders and militants in Jordan. In 1970 several trade unionists, including Ahmad Abdul Karim Abou Odeh, a Jordanian trade union leader and member of the executive of the Inter-Arab Federation of Agriculture, were arrested and imprisoned in the town of Zarka. On 22 April 1971, the complainants continue, Mustapha Abdul Aziz, a trade unionist who lived in Amman and who worked as a caretaker at the " Al Jamil " mill, was arrested by the army without any explanation, was subjected to torture and died in prison. According to the complainants, the autopsy revealed that his death had resulted from torture. His body, state the complainants, was returned to his family on 25 April 1971. In both the above-mentioned cases, the complainants sent protests to the Government.
2. 271. In its communication dated 15 November 1971, the Trade Unions International of Chemical, Oil and Allied Workers states that one of its affiliates, the Union of Workers and Employees of the Zarka Petrol Refinery, was the subject of government repression. On 15 October 1971, the complainants explain, the Government arbitrarily dissolved the General Federation of Trade Unions of Jordan, including the Union of Workers and Employees of the Zarka Petrol Refinery, which was the most important trade union in Jordan. The secretary of this union, Mr. Mahmoud Sbeiha, was dismissed.
3. 272. The complainants add that the authorities, without consultation with the workers, and without any free elections, proceeded to set up the Union of Workers in the Petrol and Chemical Industries, and to nominate its executive. The new organisation, again without consultation with the workers, and without their consent, became affiliated to the International Federation of Petroleum and Chemical Workers (IFPCW). On many occasions, say the complainants, protests have been made to the authorities by the members of the union concerned, but these have been ignored. The complainants attach to their communication a copy of a letter addressed to them by Mr. Fafhi Naji Awad, Vice-President of the Arab Petroleum Federation, which relates to the dissolution of the General Federation of Trade Unions of Jordan, the combination of the unions of the petrol and chemical industries, and the dismissal of Mr. Mahmoud Sbeiha from his post.
4. 273. The Government, in its communication of 25 December 1971, states that the complaint of the WFTU is unfounded. The Government explains that the members of the executive of the General Federation of Trade Unions resigned following internal disagreement. Another executive was appointed in accordance with the rules of the unions and with the labour laws of Jordan. The Government further states that it is ever-conscious that the labour movement should be permitted to enjoy freedom of action in a democratic atmosphere.
5. 274. In its further communications dated 3 and 12 January 1972, the Government denies the allegations contained in the complaints. It explains that the Ministry of Social Affairs and Labour, in accordance with Labour Law No. 16 of 1970, issued a decision requiring the amalgamation of trade unions of a similar type into one single union, this being for the benefit of the unions themselves, and this decision having been taken at the request of the unions.

B. B. The Committee's conclusions

1. 275. The Committee observes that the complaints essentially relate to the arrest and imprisonment of a number of trade unionists, one of whom died in prison, the dissolution of the General Federation of Trade Unions, including the Union of Workers and Employees of the Zarka Petrol Refinery and the dismissal of its secretary, and the establishment by the authorities, without consultation, of the Union of Workers in the Petrol and Chemical Industries, and the appointment of an executive.
2. 276. In its replies the Government refers only to two aspects of the complaints, namely the appointment of a new executive of the General Federation of Trade Unions, and the amalgamation of trade unions in accordance with a decision of the Ministry of Social Affairs and Labour. No reference is made by the Government to the arrest of the trade unionists mentioned in one of the complaints, or to the alleged dissolution by the authorities of the General Federation of Trade Unions.
3. 277. With regard to the General Federation of Trade Unions, the Committee is faced with an allegation that this organisation was arbitrarily dissolved by the authorities and a statement by the Government that a new executive was appointed to the Federation in accordance with the rules of that organisation, since the members of the executive had resigned following an internal dispute. In view of the contradictory information before it, the Committee is unable to formulate its conclusions on this aspect of the case, and it can only recommend the Governing Body to request the Government and the complainants to supply as full and precise information as possible regarding this matter.
4. 278. The Committee also notes the Government's statement that, in accordance with Labour Law No. 16 of 1970, the Ministry of Social Affairs and Labour issued a decision for the amalgamation of trade unions of a similar type into one union, and that this was done at the request of the unions themselves. No indication is given by the Government as to the unions affected by this decision but the Committee thinks that the statement was made in response to the allegation that the Union of Workers and Employees of the Zarka Petrol Refinery was dissolved and its secretary dismissed and that the Union of Workers in the Petrol and Chemical Industries was set up by the authorities. In this connection the Committee recalls, as it has done on previous occasions, 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 embodied in Articles 2 and 11 of Convention No. 87. 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 fully appreciating 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 has drawn 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. 279. Since, in the present case, the Government has not supplied the text of the decision issued by the Ministry, and in order to enable it to reach its conclusions with a full knowledge of the facts, the Committee recommends the Governing Body to request the Government to supply copies of the ministerial decision in question and to supply full and precise information concerning the alleged 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 Industry and the appointment of its executive.
6. 280. With regard to the alleged arrest and detention of the trade unionists referred to in the complaint, the Committee recommends the Governing Body to request the Government to submit as precise information as possible concerning the alleged arrest of Ahmad Abdul Karim Abou Odeh, particularly in connection with the legal or judicial proceedings instituted as a result thereof, and the outcome of such proceedings, as well as the alleged arrest and death in prison of Mustapha Abdul Aziz.