Report in which the committee requests to be kept informed of development - Report No 343, November 2006

Case No 2348 (Iraq) - Complaint date: 15-MAY-04 - Closed

Allegations: Restrictions on the right to organize

969. The Committee examined this case at its November 2005 meeting where it presented an interim report to the Governing Body [see 338th Report, paras. 984-998, approved by the Governing Body at its 294th Session].

1. 970. As a consequence of the lack of a response on the part of the Government, at its June 2006 meeting [see 342nd Report, para. 10, approved by the Governing Body at its 296th Session] the Committee launched an urgent appeal and drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of this case even if the observations or information from the Government have not been received in due time. To date, the Government has not sent its observations.
2. 971. Iraq has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 972. When it last examined this case, the Committee formulated the following recommendations [see 338th Report, para. 998]:
   • (a) The Committee regrets that the Government has not replied to the allegation, despite the fact that it was invited to do so on several occasions, including by means of an urgent appeal, and urges it to reply promptly.
   • (b) The Committee urges the Government to take the necessary measures to amend Decree No. 16 so as to ensure that workers may affiliate with the workers’ organization of their own choosing free from interference by the public authorities and requests the Government to keep it informed of the progress made in this regard.
   • (c) As regards the allegation of threats and attacks against Iraqi trade unionists as a consequence of a 1987 law banning the right to strike in public enterprises, the Committee requests the complainants to provide further information in this respect. The Committee also requests the Government to review its legislation in order to ensure that only those workers in public enterprises that may be providing essential services in the strict sense of the term may be prohibited from undertaking strike action.

B. The Committee’s conclusions

1. 973. While taking note of the very serious situation of instability in the country and the ongoing process of reconstruction and rebuilding of national institutions, the Committee is compelled to insist on the importance it places on the right of workers to exercise freely their trade union rights and regrets the fact that despite the time that has elapsed since the case was last examined, the Government has not replied to the Committee’s recommendations although it has been invited on several occasions, including by means of an urgent appeal, to present its comments and observations on the case.
2. 974. Under these circumstances, and in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information which it had hoped to receive from the Government.
3. 975. The Committee recalls that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident, that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them.
4. 976. The Committee recalls that, in its previous examination it had asked the complainant to provide it with more information concerning the threats and attacks against Iraqi trade unionists. The Committee deeply regrets that neither the complainants nor the Government have provided it with any additional information. In these circumstances, the Committee considers that this aspect of the case does not call for further examination.
5. 977. As regard Decree No. 16, the Committee urges the Government, once again, to take the necessary measures for its amendment so as to ensure that workers may affiliate with the workers’ organization of their own choosing, free from interference by the public authorities, and requests the Government to keep it informed of the progress made in this regard. The Committee also requests the Government to review its legislation and, if necessary, to take measures to amend it so as to ensure that only those workers in public enterprises that may be providing essential services in the strict sense of the term may be prohibited from undertaking strike action in line with the requirements of Conventions Nos. 87 and 98.

The Committee's recommendations

1. 978. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) While taking note of the very serious situation of instability in the country and the ongoing process of reconstruction and rebuilding of national institutions, the Committee, insisting on the importance of the right of workers to exercise freely their trade union rights, regrets that the Government has not replied to the Committee’s interim recommendations, despite the fact that it was invited to do so on several occasions, including by means of an urgent appeal.
   • (b) The Committee urges the Government to take the necessary measures to amend Decree No. 16 so as to ensure that workers may affiliate with the workers’ organization of their own choosing free from interference by the public authorities and requests the Government to keep it informed of the progress made in this regard.
   • (c) The Committee once again requests the Government to review its legislation and, if necessary, to take measures to amend it so as to ensure that only those workers in public enterprises that may be providing essential services in the strict sense of the term may be prohibited from undertaking strike action in line with the requirements of Conventions Nos. 87 and 98.