Informe provisional - Informe núm. 72, 1964

1. 55. The original complaints were contained in two communications dated 7 February and 19 May 1961 addressed directly to the I.L.O by the General Federation of Trade Unions of Iraq and the World Federation of Trade Unions (W.F.T.U) respectively.
2. 56. 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. A. The complainants' allegations

1. 57. In its communication dated 7 February 1961, the General Federation of Trade Unions of Iraq made a number of serious allegations against the Government headed by the late General Kassem. In the introductory part of the complaint, in general terms, the complainants referred to alleged anti-union acts by the Kassem Government, especially in the 18 months preceding the submission of the complaint, for the purpose, it was contended, of paralysing the trade union movement-the banning of most of the trade unions and of their branches; the establishment of unions not representative of the workers; the faking of union elections; the banning of elections in the unions of municipal employees and printing, building and construction workers; the prohibition of the Federation and its unions from sending delegates abroad; orders by the authorities to open fire on unarmed workers (e.g. municipal employees and cement and tobacco workers) during elections and strikes; the arrest, banishment, court-martialling and sentencing of workers; the arrest of the chief editor of the Federation's newspapers; refusal to unions of corporate personality and of the right to represent the workers in collective bargaining. The complainants considered that the Government was constantly contravening the Constitution of the I.L.O, the Declaration of Philadelphia, all the I.L.O. Conventions relating to freedom of association and " even the reactionary labour legislation of Iraq itself ".
2. 58. The complainants declared that 116 workers belonging to 13 trade unions had been arrested and 23 others imprisoned or moved to other areas; 123 had been sentenced and 72 were before the courts at the time the complaint was submitted. Unions affected included those of the tobacco workers and employees, bus-workers, building and civil engineering workers, shipbuilding workers, printing workers, oil workers, health and pharmaceutical workers, etc. They alleged further that several unions had been closed down without any lawful reason on the order of the Ministry of Social Affairs, such as the unions of weights and measures employees, stevedores, employees of the said Ministry and employees of the health services, air-lines, and of the public transport systems in Baghdad and three large towns. Hundreds of their branches were also closed down. Finally, it was alleged, all trade union conferences had been suspended by order of the governmental labour authorities.
3. 59. The General Federation of Trade Unions of Iraq declared in particular, that its rules provided, in accordance with the national law and universal practice, for the holding of trade union elections by direct secret ballot, and alleged that the authorities interfered, with no legal justification, to force the workers to hold trade union elections in the workplaces (as in the case of the railway, textile, cement and shipbuilding workers' unions), after the employers had been given time to dismiss many of the workers and others had been arrested to prevent them voting, while those who did vote were required, without any legal sanction, to produce a certificate to the effect that they had a clean police record. The employment offices themselves were alleged to have closed down unions and union branches to facilitate the installation of puppet union committees whose members had never even belonged to a union before. The complainants declared that union representatives had been prevented from performing their functions with regard to union elections and that non-unionists had been allowed by the authorities to vote for lists of officers drawn up by the employers; that police, civil servants, labour officials and soldiers intervened with threats and supervised elections; that the unions were prevented from fixing the dates and places of elections in accordance with their rules and that their executives were banned from discharging their proper functions with regard to the holding of elections; that criminals were allowed to assemble outside polling stations to attack workers and prevent them from voting; that the unions were forced to include in their executives certain persons arbitrarily designed by the authorities; that the armed forces forcibly prevented certain workers from voting; that elections which did not produce the result desired by the authorities had been cancelled (e.g. in the case of the engineering, printing, garment, agricultural and petroleum workers' unions); that ballots were public, contrary to all the rules, in order to oblige the workers to vote for the " official list ". The whole object of this campaign, allied with proposed legislative amendments, was, according to the complainants, to bring about a situation in which the Ministry of Social Affairs would be able to establish or abolish trade unions at will and to keep the entire union movement under its control.
4. 60. The complainants went in considerable detail into the question of the Tobacco Workers' Union elections in 1960. It was alleged that supporters of the Federation won the elections on 17 June 1960 and that the election was cancelled by the authorities on the pretext that there had not been a quorum. A new election was held on 28 October 1960, prior to which, stated the complainants, many trade unionists were dismissed, the collective agreement was unilaterally set aside and the executive committee members were deprived of any supervisory powers; the membership register was ignored and many workers prevented from voting. When the Ministry of Defence refused a request for a further free election, the workers called a strike in support of new elections and reinstatement of the dismissed workers. The police, it was alleged, fired on a crowd of workers' families and others who supported the strike. The strike was finally called off when a new election was promised to be held on 9 November. But on 30 October, declared the complainants, more workers were dismissed and the leaders and various members of the union were arrested and the elections were postponed; again there was a strike and, in the course of one demonstration, the police fired on the crowd and a number of persons were killed, including the former leader of the Tourist Industry Workers' Union. There were strikes at various tobacco factories and many workers were imprisoned. It was because the union newspaper protested against the shootings and spoke in favour of the workers' claims, it was alleged, that its chief editor was arrested. In the end union elections were held on 28 November 1960. In this connection, it was alleged, workers who distributed pamphlets before the elections were arrested, employers at the polling stations threatened candidates on the list sponsored by the Federation, and, in order to secure a victory for the candidates favoured by the authorities, dozens of people not connected with the union were allowed to vote and more than 2,000 union members were prevented from entering the polling stations.
5. 61. The complaint dated 7 February 1961, analysed above, was signed by Mr. Ali Choukr, the then President of the General Federation of Trade Unions of Iraq. It was not contended therein that any principal officer of the Federation had been arrested at that date.
6. 62. The complaint of the W.F.T.U was dated 19 May 1961, i.e. over three months later. While it corroborated the complaint of the General Federation of Trade Unions of Iraq in various respects, it also furnished additional information on some of the Federation's allegations and also details of alleged further developments.
7. 63. Thus, it was alleged by the W.F.T.U that, on the occasion of the tobacco workers' demonstration (see paragraph 60 above), the police fired on the workers, on 10 November 1960, killing eight persons, including a trade unionist named Nacht Al Fakhral. The W.F.T.U confirmed the alleged closing of union premises referred to in paragraph 58 above, stated that the official organ of the General Federation of Trade Unions, Ittihad Al Omma, had been prohibited, and its chief editor, Mr. Issatah, arrested without cause, and corroborated the allegations of the Federation with regard to interference in trade union elections.
8. 64. The W.F.T.U alleged further that on 1 May 1961 many trade union leaders were arrested and warrants issued against Mr. Ali Choukr, President of the General Federation of Trade Unions of Iraq, Mr. Ara Khachadoor, its General Secretary, and Messrs. Sadik El Falahi, and Kuleban Salih, members of its executive committee, while the offices of the Federation were occupied by force. It was further alleged that the proposals to amend the labour legislation published in January 1960 would authorise the Minister of Labour and Social Affairs unconditionally to set up and dissolve trade unions arbitrarily and to intervene in the internal affairs of trade unions.
9. 65. The complaints of the General Federation of Trade Unions of Iraq and of the W.F.T.U were transmitted to the Government of Iraq, for its observations, by letters dated 18 May and 27 June 1961 respectively. When the Committee met in February 1962 it noted that, although the Kassem Government had been informed that the case fell within the category of cases regarded by the Governing Body as urgent and subsequent letters had been sent to the Government on 5 September and 28 November 1961 and 23 January 1962, no acknowledgement of any of these communications had then been received from the Government; the Committee therefore recommended the Governing Body to request the Government of Iraq to furnish its observations on the two complaints as a matter of urgency, a recommendation which was approved by the Governing Body at its 151st Session (March 1962) and brought to the notice of the Government by a letter dated 16 March 1962.
10. 66. When the Committee met in May 1962, it had before it certain observations forwarded on 24 April 1962 by the Kassem Government. Further, in a communication dated 25 February 1962, received only on 2 April 1962, the General Federation of Trade Unions of Iraq had expressed a desire to withdraw its complaint; this communication having been sent to the Government for its observations on 9 May 1962, had not then been commented upon by the Government.
11. 67. In its communication dated 24 April 1962, the Kassem Government stated in general terms that the régime had enacted legislation to protect the working class and that the Prime Minister had preoccupied himself with the interests and welfare of the workers. Thirty-six central trade unions had been established, most of them having provincial branches, which combine in the General Federation of Trade Unions of Iraq, within which, declared the Government, free elections were held annually. To improve the situation of the workers the Government had taken various measures in the fields of wages, housing, etc. It was unbelievable, said the Government, that the army and police would arrest workers who demand their rights or fire on strikers; therefore, the complainants' allegations " are false and void of reality ". The Government referred to Mr. Ali Choukr as one of those who deceived the workers into electing them to trade union office and who seek to guide the workers in a manner contrary to the public interest; he and his fellows, declared the Government, wished to use the money of the General Federation of Trade Unions unlawfully and complained when the workers elected other persons in their place. The newspaper of the Federation, stated the Government, " dissented from the public interest " and slandered the authorities, so that its editor was brought to court.
12. 68. In its communication dated 25 February 1962, signed by a new president, the General Federation of Trade Unions referred to the former executive committee as having lodged their complaint in an attempt to cover " their disreputable methods of dealing with the workers and the illegal manner in which they disposed of their funds ". The new executive alleged that under the influence of the former executive Communist doctrine was spread among the workers, they were forced to buy publications dealing with news in Socialist countries, production suffered and strikes were called, workers were forced to pay " voluntary contributions " which went to the Communist Party. The new executive stated that during the last union elections the workers abandoned the former leaders and that now there was " perfect harmony and understanding " between the workers and the Government, which had taken immediate measures to protect them against " the despotic domination of the former members of the General Federation of Trade Unions ". It was stated that the Government had enacted new protective labour legislation, had granted an annual subsidy to the Federation and had distributed land cheaply to the workers. In conclusion, the new executive asked the I.L.O to take no further notice of the complaint. The communication indicated that copies thereof were sent to the Iraqi Ministry of Foreign Affairs, the Ministry of Social Affairs and the Head Office of the Labour Department.
13. 69. The immediate issue before the Committee at its meeting in May 1962 was the request to withdraw the complaint of the General Federation of Trade Unions of Iraq. The Committee observed that this raised a procedural point which the Committee had already been called upon to examine in the past. In Case No. 66 relating to Greece, the Committee expressed the view that the desire shown by a complaining organisation to withdraw its complaint, while constituting a factor to which the greatest attention must be paid, is not, however, in itself sufficient reason for the Committee to cease automatically to proceed with the examination of the complaint. The Committee considered in that case that it should be guided in this respect by the conclusions approved by the Governing Body in 1937 and 1938 with regard to two representations submitted by the Madras Labour Union for Textile Workers and by the Société de Bienfaisance des Travailleurs de l'Ile Maurice, in accordance with article 23 of the Constitution of the Organisation (now article 24). The Governing Body at that time established the principle that, from the moment that a representation was submitted to it, it alone was competent to decide what effect should be given to it, and that " the withdrawal by the organisation making the representation is not always proof that the representation is not receivable or is not well founded ". The Committee considered that, in implementing this principle, it was free to evaluate the reasons given to explain the withdrawal of a complaint and to investigate whether these appear sufficiently plausible to lead one to believe that the withdrawal was made in complete independence. The Committee observed ° that cases might exist in which the withdrawal of a complaint by the organisation presenting it would be a result not of the fact that the complaint had become without purpose but of pressure exercised by the Government against the complainants, the latter being threatened with an aggravation of the situation if they did not consent to this withdrawal.
14. 70. In the present case the Committee observed the complaints of the General Federation of Trade Unions of Iraq and of the W.F.T.U were presented in very detailed terms. As indicated in paragraph 65 above, the Kassem Government ignored several urgent requests to furnish its observations on the complaints and it was not until it received a direct request from the Governing Body itself that it furnished, in its communication dated 24 April 1962, observations of a very general nature commenting only in a few instances on any of the numerous specific and comprehensive allegations made by the complainants. The executive of the General Federation of Trade Unions which then sought to withdraw the complaint was not the executive which made the original complaint and the members of which were alleged by the W.F.T.U to have been arrested and replaced. It was also to be observed that the second complainant, the W.F.T.U, had evinced no desire to withdraw its own complaint.
15. 71. In these circumstances the Committee took the view that it could not in the absence of fuller information determine whether the request to withdraw the complaint was made freely by a democratically elected union executive which was independent of governmental influence. In this connection, the Committee recalled that in its First Report it pointed out that where precise allegations are made it cannot regard as satisfactory replies from governments which are confined to generalities, and expressed the hope that, where precise allegations are made, governments will recognise the importance for the protection of their own good name of formulating for objective examination detailed factual replies to such detailed factual charges; the Committee indicated that, in all cases in which the information supplied by governments to which complaints had been communicated appeared to be inadequate or of too general a character, the government concerned would be requested to supply the Committee with more detailed information in order to enable it to express a considered view to the Governing Body. The Committee stated further that, in any case in which a government did not respond within a reasonable period to such a request for more detailed information, the Committee would report the circumstances to the Governing Body.
16. 72. It was in these circumstances that the Committee submitted to the Governing Body the recommendations contained in paragraph 191 of its 62nd Report, which reads as follows:
17. 191. In these circumstances the Committee recommends the Governing Body:
    • (a) to take note of the general observations presented by the Government in its communication dated 24 April 1962;
    • (b) to take note also of the fact that the executive committee of the General Federation of Trade Unions of Iraq which presented the complaint of that organisation has been succeeded by a new executive committee which has intimated its desire to withdraw the complaint, but that the other complainant in the case, the World Federation of Trade Unions, has made no such intimation with regard to its own complaint;
    • (c) to point out to the Government that in all the circumstances of this case, and having regard both to the detailed nature and serious character of the allegations, the Governing Body cannot, for the reasons indicated in paragraphs 188 to 190 above, take a decision on the request to withdraw the complaint of the General Federation of Trade Unions of Iraq until the Government has furnished its full and detailed observations on the specific allegations made in that complaint and in the complaint of the World Federation of Trade Unions, and that the latter in any case remains outstanding;
    • (d) to request the Government once again to furnish such observations as a matter of urgency so that they may be taken into account when the Committee examines the case in substance at its next session, when it will submit its recommendations on the case to the Governing Body.
18. 73. The 62nd Report of the Committee was approved by the Governing Body on 1 June 1962 and the conclusions and request for observations contained in paragraph 191 thereof cited above were brought to the notice of the Government of Iraq by a letter dated 6 June 1962.
19. 74. At its meeting in October 1962, the Committee adjourned its examination, as it had not received the observations requested from the Government.
20. 75. The Committee again adjourned its examination of the case at its meeting in February 1963 and decided, as indicated in paragraph 4 of its 68th Report, to address a special request to the Government to furnish the observations in question as a matter of urgency. This request was brought to the notice of the Government by a letter dated 14 March 1963. The Government-the present Government, which had in the meantime superseded the Kassem Government-replied by a communication dated 10 April 1963.
21. 76. The Government referred to the signatory of the original complaint of the General Federation of Trade Unions of Iraq dated 7 February 1961, Mr. Ali Choukr or Shukur, the then President of the Federation, as being one of a group of persons whose claims to office depended on the help of the Government of the late Abdul Karim Kassem. It stated that the Kassem Government fabricated quarrels in the trade unions but that the national unions performed their duties correctly despite the opposition directed against them. The present Government asked that the complaint and the reply thereto made by the Kassem Government should be regarded as null.
22. 77. At its meeting in May 1963 the Committee observed that the letter from the Government dated 10 April 1963 contains no specific comments on the detailed allegations contained in the complaint signed by Mr. Ali Choukr or Shukur, concerning interference with union elections by the Kassem Government in order to put the Federation under the control of its supporters, and in the complaint of the W.F.T.U, to the effect that this interference had succeeded, Mr. Choukr and the principal officers having been arrested or had warrants issued against them by that Government) The Committee, therefore, in the absence of observations by the present Government on the specific matters alleged, considered that it was still not in a position to appreciate whether the request to withdraw the former complaint was to be regarded as a bona fide request.
23. 78. The Committee, moreover, while realising that a fundamental change of régime had recently come about in Iraq, pointed out that it had also to be satisfied, when dealing with a request to withdraw a complaint which is made, as in the present case, by persons other than those who presented it, that the original complainants are not prejudiced by its decision and that the facts alleged are not continuing to have detrimental consequences for them. In other cases, in comparable circumstances, the Committee has taken the view that there exists a bond of continuity between successive governments within the same State and that, while a new government can obviously not be held responsible for events which took place under its predecessor, it clearly is responsible for any continuing consequences which such events may have had since its accession to power. Only fuller observations from the Government could enable the Committee to judge whether such continuing consequences of the events alleged still exist-to take one instance, the alleged arrest by the Kassem Government of the original complainant and the principal officers of the General Federation of Trade Unions.
24. 79. In these circumstances, the Committee, while fully appreciating the change in the nature of the régime which had taken place in Iraq, recommended the Governing Body in paragraph 144 of its 70th Report to address to the Government of Iraq, without in any way prejudging the merits of the request to withdraw the complaint of the General Federation of Trade Unions of Iraq, an earnest request to furnish, as a matter of urgency, its detailed observations on the complaints presented by Mr. Choukr, on behalf of the said Federation, and by the W.F.T.U.
25. 80. The 70th Report of the Committee having been approved by the Governing Body on 1 June 1963, in the course of its 155th Session, this request was brought to the notice of the Government by a letter dated 13 June 1963.
26. 81. In a letter dated 10 July 1963 the Government states that the complaint of the General Federation of Trade Unions of Iraq was presented by a person who was not representing the Federation at all. At the same time the Government expresses the view that the Governing Body was quite right in adopting the conclusion contained in paragraph 144 of the 70th Report of the Committee, having regard to the fact that the complaint was directed against the Kassem Government " and its dictatorship rules " which were " eliminated fully " by the revolution. The Government proposes that the Committee should consider the complaint of Mr. Choukr as being a complaint by the W.F.T.U and states that it has no further details to add.
27. 82. The position now facing the Committee is as follows. Firstly, it has before it two complaints containing comprehensive and detailed allegations concerning anti-union acts by the Government presided over by the late General Kassem-in particular, interference in a variety of ways with union elections for the purpose of securing union executives obedient to the Kassem régime, prohibition of union meetings and conferences, closing down of trade unions by the governmental authorities, total disregard for the elementary rights of trade unions under the law, the prohibition of unions maintaining international contacts, etc. Secondly, it has in the complaint of the W.F.T.U allegations to the effect that, indeed, the Kassem Government succeeded by its intimidation and interference-as the original complainant had stated might be the case-in ousting the original executive of the General Federation of Trade Unions of Iraq and getting it replaced by an executive as ready to praise the Kassem Government (see para. 68 above) as the displaced executive had been to denounce it. It is precisely this new executive which, still during the lifetime of the Kassem Government, wished to withdraw the complaint presented by its predecessor. Thirdly, not only did the Kassem Government consistently ignore requests by the Committee and by the Governing Body to reply, in its own interests, to the detailed allegations made, in order that the Committee might judge how far the request to withdraw the complaint was genuine or not, but the present Government also has not seen fit, although requested to do so, to furnish specific observations on the various matters raised in detailed manner in the allegations and now states that it has nothing more to add to the evidence already before the Committee.
28. 83. It is clear that, the complaining union executive having alleged that the Kassem Government was trying to replace it by a new and subservient executive and a new pro-Kassem executive having then assumed office and the old executive members apparently having been arrested, it is highly improbable that the request to withdraw the complaint would have been a genuine request free from the influence or pressure of the Kassem Government. Further, the W.F.T.U has evinced no wish to withdraw its own complaint.
29. 84. In these circumstances, the Committee has decided to reject the request of the executive of the General Federation of Trade Unions of Iraq to withdraw the complaint submitted on behalf of the executive previously in office and to examine that complaint in substance.

B. B. The Committee's conclusions

1. 85. The two complaints contain allegations presented in some considerable detail and the Kassem Government, and now the present Government, have submitted no detailed evidence in refutation of the points alleged, and the present Government does not intend to furnish further observations. In these circumstances the Committee can proceed only on the basis of the evidence submitted by the complainants.
2. 86. The allegations against the Kassem Government bring into question a number of generally accepted principles relating to freedom of association to which the Committee and the Governing Body have always attached the greatest importance.
3. 87. Thus the allegations relating to interference with trade union elections specifically bring into question the principle that workers' organisations should have the right to elect their representatives in full freedom, without interference on the part of the public authorities, the importance of which the Committee has emphasised on a number of occasions. With regard to the allegations that union conferences and meetings were prohibited by the Kassem Government, the Committee has consistently stressed the importance which it has always attached to the fact that freedom from government interference in the holding and proceedings of trade union meetings constitutes an essential element of trade union rights and to the principle that the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof. The allegations relating to the closing down by order of the Ministry of Social Affairs of a large number of trade unions and union branches bring into question the observance of the generally accepted principle, the importance of which the Committee has always emphasised a that workers' organisations should not be liable to be dissolved by administrative authority. More generally, the various other acts alleged against the Kassem Government raise a presumption of non-observance of the generally recognised right of workers' organisations to organise their administration and activities and to formulate their programmes.
4. 88. In connection with the allegation that many workers were transferred or dismissed to prevent them voting in trade union elections, the Committee draws attention to the importance which it has always attached to the principle embodied in Article 1 of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), ratified by Iraq, that workers should enjoy adequate protection against acts of anti-union discrimination in respect of their employment, including acts calculated to cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities.
5. 89. It is true that all the acts referred to above were alleged to have been committed by the Government of General Kassem. However, as indicated in paragraph 78 above, the Committee has already drawn attention to the fact that, while in the circumstances the present Government can obviously not be held responsible for events which took place under its predecessor, it clearly is responsible for any continuing consequences which such events may have had since its accession to power. In these circumstances, it would seem that the Committee must recommend the Governing Body to request the present Government to inform the Governing Body as to the measures which it has taken to ensure the restoration of full freedom of association in Iraq, and in particular, the right of workers' organisations to elect their representatives, to organise their administration and activities and to formulate their programmes in full freedom, without any interference on the part of the public authorities.
6. 90. In particular, the Committee could not be reassured on this point unless it had before it information from the present Government as to the fate of the trade unionists alleged to have been arrested by the Kassem Government, including especially Mr. Ali Choukr, former President of the General Federation of Trade Unions of Iraq, Mr. Ara Khachadoor, its former General Secretary, Messrs. Sadik El Falahi and Kuleban Salih, former members of its executive committee, stated by the W.F.T.U to have been arrested on l May 1961, and Mr. Issatah, alleged to have been arrested when he was the chief editor of the press organ of the Federation.
7. 91. The Committee, therefore, recommends the Governing Body to draw the attention of the Government to the importance which it has always attached to the right of all detained persons to receive a prompt and fair trial by an impartial and independent judicial authority, and to request the Government to be good enough to furnish as a matter of urgency, having regard to the above principle, information as to the legal or judicial proceedings taken in respect of the persons named in paragraph 90 above, or, if proceedings have not been taken, information as to the present situation of those persons.