Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 342, Juin 2006

698. The complaint is contained in communications from the International Confederation of Arab Trade Unions (ICATU), in the name of its affiliate General Federation of Iraqi Trade Unions (GFTU), dated 29 September 2005 and 26 February 2006, and from the International Confederation of Free Trade Unions (ICFTU), dated 24 October 2005.

1. 699. The Government sent its observations in a communication dated 23 January 2006.
2. 700. Iraq has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), but has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. The complainants’ allegations

1. 701. In their communications dated 29 September and 24 October 2005 and 26 February 2006, the complainant organizations indicate that, on 7 August 2005, the Cabinet General Secretary issued Decree No. 875 on behalf of the Council of Ministers of the Iraqi Republic. Based on instructions given by the occupying forces at the time, and without any prior consultation, the Decree revokes previous arrangements under the Transitional Administrative Law which had allowed trade unions to function without undue interference and harassment from the State and therefore had legitimized free trade unionism in Iraq for the first time since the Ba’ath Party took control of the trade unions in the 1970s.
2. 702. The Decree reads (according to the translation provided by the ICFTU) as follows:
3. Decree No. 3 issued by the Governing Council in 2004 led to a government committee responsible for labour and social rights headed by Nasser al-Charderdi. This Committee no longer has that responsibility and in its place a new committee is established comprising the Ministers of Justice, the Interior, Finance, the Minister of State responsible for the Transitional Assembly, the Minister for Civil Society and the Minister of National Security.
4. This committee must review all the decisions taken to oversee the implementation of Decree No. 3 since its publication in 2004 and must take control of all monies belonging to the trade unions and prevent them from dispensing any such monies. In addition I am proposing a new paper on how trade unions should function, operate and organize.
5. Signed: Dr Fahdal Abass (Cabinet General Secretary).
6. 703. The complainants explain that by taking control over the finances of existing federations and unions, the Iraqi Government is effectively closing down their operations and therefore removing the right to freedom of association with no indication of how long this suspension will last. This constitutes a prima facie breach of ILO principles on freedom of association and a deeply worrying attack on human rights in Iraq. The ICATU expressly requests the Government to observe trade union rights and freedoms, the recognition of the rights of its affiliate, the General Federation of Iraqi Trade Unions (GFTU), as well as the restoration of their property and frozen funds.
7. 704. The ICFTU further mentions that, in addition to introducing the Decree, the Government has failed to implement the labour law that has been developed in consultation with the trade unions and the ILO, and that the laws banning trade unions in local and national governments introduced by Saddam Hussein remain in place. This is considered as an unacceptable restriction of the human and trade union rights that were guaranteed under the Transitional Administrative Law.
8. 705. The ICFTU also refers to an incident of interference in trade union affairs, when the police raided the office of the GFTU on 2 June 2005 and arrested its president, Mr. Jabbar Taresh.
9. 706. Finally, in its additional communication dated 26 February 2006, the ICATU alleges that the Government has started to give instructions concerning the trade unions’ elections and to impose conditions that are contrary to the statutes of the trade unions by exercising tutelage over the trade union movement. The complainant protests against acts of interference in the right of trade unions, such as the constitution of preparatory committees, conditions for the candidates of trade union committees and trade unions in general. In this way, the Government is trying to control the union movement.
10. B. The Government’s reply
11. 707. In its communication dated 23 January 2006, the Government informs that trade unions and workers’ confederations in Iraq are practising their activities in absolute freedom enjoying complete independence and that the Ministry of Labour and Social Affairs has close relations with them.
12. 708. The Government indicates that in view of the great number of confederations and unions that were established and due to exceptional and transitional circumstances, it has issued a resolution aiming at protecting the funds of these unions against looting and manipulation until workers’ elections take place in order to choose unionized leadership.
13. 709. The Government further informs that on 20 September 2005 in Damascus, three major Trade Unions in Iraq signed a joint agreement supported by the ICATU, according to which they elected a unified administrative body responsible for their representation within tripartite committees of work and social security, without prejudice of the rights of all other trade unions in Iraq.
14. 710. Concerning the case of Mr. Jabbar Taresh, the Government informs that he was arrested due to a homicide action, which is irrelevant to his union activities as president of the GFTU.

C. The Committee’s conclusions

1. 711. The Committee notes that the allegations in this case concern restrictions placed upon the right of workers to organize their activities, as a result of Decree No. 875 issued on 7 August 2005 that allows the Government to take control of the finances of existing federations and unions and, as a consequence, to form and join organizations of their own choosing. They also refer to the persistence of previous laws banning trade unions in local and national governments, as well as failure to implement new labour legislation, and to a matter of interference in trade union affairs when the police raided the office of the General Federation of Iraqi Trade Unions (GFTU) and arrested its president.
2. 712. While taking note of the process of reconstruction ongoing in the country and the rebuilding of national institutions, the Committee wishes to insist on the importance it places on the right of workers to exercise freely their trade union rights.
3. 713. Concerning the restrictions on the use of trade unions funds, the Committee recalls that provisions that give the authorities the right to restrict the freedom of a trade union to administer and utilize its funds as it wishes for normal and lawful trade union purposes are incompatible with the principles of freedom of association. The freezing of union bank accounts may constitute a serious interference by the authorities in trade union activities [Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 438 and 439].
4. 714. The Committee notes from the Government’s reply that the measures taken unilaterally by the Government are due to the exceptional and transitional circumstances in Iraq. In this respect, the Committee recalls that on several occasions it has been called upon to examine matters of the devolution of trade union property and assets during periods of transitions. In such cases, the Committee has emphasized the importance it attaches to the principle according to which the devolution of trade union assets (including real estate) or, in the event that trade union premises are made available by the State, the redistribution of this property must aim to ensure that all the trade unions are guaranteed on an equal footing the possibility of effectively exercising their activities in a fully independent manner [Digest, op. cit., para. 687]. The Committee therefore invites the authorities to repeal Decree No. 875 and to enter into full discussions with all concerned parties so that a solution may be found that is satisfactory to all parties concerned and keep it informed of any progress in this respect.
5. 715. The Committee notes the allegations according to which the abovementioned restrictions on the finances of existing federations and unions have effectively closed down their operations and removed any meaningful right to freedom of association. It also notes that Decree No. 875 foresees a paper from the Cabinet General Secretary on how trade unions should function, operate and organize.
6. 716. In this regard, the Committee wishes to draw the Government’s attention to the principle according to which legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference by the public authorities. Where such provisions are deemed necessary by the public authorities, they should simply establish an overall framework in which the greatest possible autonomy is left to the organizations in their functioning and administration. Restrictions on this principle should have the sole objective of protecting the interests of members and guaranteeing the democratic functioning of organizations. Furthermore, there should be a procedure for appeal to an impartial and independent judicial body so as to avoid any risk of excessive or arbitrary interference in the free functioning of organizations [Digest, op. cit., para. 331]. The Committee trusts that the Government will bear these principles in mind when drafting proposals concerning the manner in which trade unions should function, operate and organize, and that it will fully ensure, in law and in practice, the right of workers to form and join organizations of their own choosing, as well as the free functioning and administration of these organizations.
7. 717. The Committee further notes the allegation according to which, in addition to introducing this Decree, the Government has failed to implement the labour law that has been developed in consultation with the trade unions and the ILO and that the laws banning trade unions in local and national governments introduced by Saddam Hussein remain in place. The Committee notes that the Government has not provided any information in this regard. In these circumstances, noting that the process of preparing a new Labour Code began in 2004, the Committee expresses the hope that it will be adopted in the near future so as to ensure full protection of the right to organize and to bargain collectively for all workers, employers and their organizations in Iraq and that the Government will ensure that the laws banning trade unions in local and national governments are repealed.
8. 718. The Committee notes that the ICFTU refers to an incident of interference in trade union affairs when the police raided the office of the General Federation of Iraqi Trade Unions (GFTU) and arrested its president, Mr. Jabbar Taresh. It also notes from the Government that he was arrested due to a homicide action, which is irrelevant to his union activities.
9. 719. Given the contradiction between the complaint’s allegations and the Government’s reply and the fact that both are couched in very general terms, the Committee requests the complainant organizations to provide further details regarding the arrest of Mr. Taresh so that it may be in a position to reach conclusions on this aspect of the case in full knowledge of the facts.
10. 720. As regards the allegations of interference concerning the trade union elections mentioned by the ICATU in its communication dated 26 February 2006, the Committee recalls the principle according to which the authorities should refrain from any undue interference in the exercise of the right of workers’ organizations freely to elect their representatives. It requests the Government to reply to these allegations.