Informe definitivo - Informe núm. 234, Junio 1984

1. 29. The Committee already examined this case at its May 1983 meeting when it presented interim conclusions to the Governing Body [see 226th Report, paragraphs 230-273, approved by the Governing Body at its 223rd Session, May-June 1983]. Subsequently, the Government sent its further observations in a communication dated 16 March 1984.
2. 30. Jordan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 31. The complaint centred around allegations of interference by the Government in the trade union elections which took place in 1982. The outstanding issue concerned, in particular, the allegation that the membership of the various unions taking part in the elections had been inflated in order to change the balance of power within the Central Council of the Federation of Workers' Trade Unions. The complainant had alleged that such methods had been employed to change the balance of power within the Council of that Federation which is legally entitled, among other things, to elect the Federation's executive committee. The complainant had supplied some figures concerning the Transport and Metalworkers' Union, the Building Workers' Union, the Railwaymen's Union and the Air Transport Workers' Union, and objected that the trade union leaders of these various unions inflated their membership figures by verifying the union' records themselves, whereas verification was supposed to be carried out by the Central Council. The Committee considered that, to enable it to reach conclusions on this aspect of the case in full knowledge of the facts, it would be useful if the Government were to supply further information on this question.

B. The Government's observations

1. 32. In its communication of 16 March 1984, the Government reiterates a statement made in its previous correspondence on this case, namely that the General Federation of Jordanian Trade Unions holds itself out to be the representative of the trade union movement in Jordan but is only made up of two persons who reside in Damascus and who act for non-union reasons under the influence of other powers.
2. 33. As regards the workers' elections which took place between January and March 1982, the Government explains that the election of members to the new executive committees of 17 workers' organisations took place in accordance with the legal procedures laid down by the Jordanian Labour Code No. 21 of 1960 as amended, and in conformity with the internal rules of those unions. The Government stresses that the Jordanian authorities did not intervene in any way in the running of the elections which, in fact took place in a climate of freedom and democracy.
3. 34. The Government goes on to explain that the election of members to the Central Council of the Federation of Workers' Trade Unions for the 1982-84 period took place on 5 May 1982. Seventy-eight out of a total of 80 members were present. At the opening session of the elections, continues the Government, a certain number of members announced that they would boycott them. Eight other members stated that they would withdraw their candidature to the elections of the executive committee. The election of the President went ahead, and Mr. Sami Hassan Mansour was elected unanimously in the absence of other candidates. The post of first Vice-President was won by Mr. Mohamad Assayed unanimously again in the absence of other candidates. The post of second Vice-President was obtained by Mr. Ali Metkal. Mr. Fen Chaher Al Majali was elected Secretary-General of the Federation and Mr. Kalil Abou Karma was elected Deputy Secretary-General. According to the Government the committee responsible for the supervision of the elections was made up of representatives of the Ministry of Labour and the Jordan Federation of Workers' Trade Unions and its task was to ensure that the elections took place in conformity with the provisions of the Labour Code and with the internal rules of the Federation. There was no direct or indirect intervention in the elections and no violation of trade union rights and freedoms took place during these elections, or during any others.
4. 35. The Government reaffirms that it respects freedom of association both in theory and in practice, in particular since the Jordanian Constitution guarantees to each Jordanian citizen and worker the basic principles of general freedom as well as of trade union freedom: see articles 6, 7, 13, 14, 15, 16 and 23 of the Constitution. The Government also refers to various sections of the Labour Code relating to workers' trade unions.

C. The Committee's conclusions

1. 36. Before examining in substance the outstanding issue in this case, the Committee considers that it must make certain observations on the Government's continued reference to the non-representativity of the General Federation of Jordanian Trade Unions, which is based in Damascus. The Committee examined this aspect of the case in detail in its 226th Report [see paragraphs 232-235], arriving at the conclusion that the present complaint is receivable in view of the fact that the allegations were endorsed by the World Federation of Trade Unions which is one of the organisations having consultative status with the ILO. Since such international workers' and employers' organisations, under the current procedure, are entitled to submit complaints which are automatically receivable, the present case was considered receivable and transmitted to the Government for its comments. In this respect, the Committee would nevertheless note that at the 69th (1983) Session of the International Labour Conference, the Credentials Committee rejected an objection made by the General Federation of Jordanian Trade Unions based in Damascus concerning the nomination of the Workers' delegation of Jordan, deciding that the objection did not contain any evidence that the Workers' delegation (which, according to the Government, had been nominated in consultation with and with the agreement of the most representative workers' organisation in Jordan, the Jordan Federation of Workers' Trade Unions) had not been made in conformity with article 3, paragraph 5 of the ILO Constitution.
2. 37. The Committee comes to this conclusion in particular in view of the lack of precision and evidence given by the complainant organisations in their communications regarding the actual membership figures in the four unions cited. The Government had already explained that the Ministry of Labour compiles statistics on union membership, the most recent verification of which confirmed that in the General Transport and Metalworkers' Union there were 65,000 members, in the Building Workers' Union there were 6,000 members, in the Railwaymen's Union there were 700 members and in the Air Transport and Tourism Workers' Union there were 3,000 members who had paid their dues. In the light of the foregoing, the Committee considers that this case does not call for further examination.