Effect given to the recommendations of the committee and the Governing Body - Report No 363, March 2012

Case No 2453 (Iraq) - Complaint date: 24-OCT-05 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 157. The Committee last examined this case, which concerns alleged acts of interference by the Government, including the seizure of organizational funds and interference in the trade unions’ elections process, at its June 2006 meeting [see 342nd Report, paras 698–721]. On that occasion, the Committee invited the authorities to repeal Decree No. 875 that allows the Government to take control of the finances of existing federations and unions, and to enter into full discussions with all concerned parties so that a solution may be found that is satisfactory to all, and keep it informed of any progress in this respect. The Committee also requested the Government to reply to the allegation of interference concerning trade union elections.
2. 158. In a communication dated 28 April 2011, the Government indicates that a meeting was held by the Ministry of Labour and Social Affairs, in cooperation with the General Federation of Iraqi Trade Unions (GFTU) and the Preparatory Committee for Workers’ Elections, and in the presence of the President of the Committee of Civil Society Organizations of the Parliament. The Government further indicates that, during the meeting, a number of issues were discussed, including: (i) the relation between the Ministry and the trade unions, and the Ministry’s concern about the implementation of the legal and technical content of the International Labour Organization Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); (ii) the GFTU’s concerns about the realities and difficulties of the trade union activity and the ways of promoting such an activity; and (iii) the proposed mechanism for the holding of the GFTU’s elections, on the basis of the Trade Union Organization Act No. 52 of 1987 and the statutes of the GFTU, and in accordance with national and international standards which would ensure an impartial, transparent and democratic electoral process. The Government adds that another meeting was organized with the Executive Bureau of the GFTU, trade unions’ leaders, and the Ministry of the Affairs of Civil Society Organizations, during which agreement was found on the modalities and dates for the elections. However, the Committee understands that the elections, which were scheduled, according to the Government’s indication, to take place on 21 May 2011, have still not been held.
3. 159. While noting with interest the existence of a dialogue between the Government and trade unions’ representatives, the Committee wishes to insist once again on the importance it places on the right of workers to exercise freely their trade union rights and the right of workers’ organizations to elect their representatives in full freedom.
4. 160. The Committee observes that it is examining similar issues at its current session in relation to the Iraqi Federation of Industries’ complaint in Case No. 2740.
5. 161. The Committee recalls that it concluded, in its previous examination of Case No. 2740 [see 358th Report, para. 657], that a regulation which provides for the election of members of a preparatory committee for preparing permanent elections to the executive committee of a trade union, a federation, an association or an occupational organization is inconsistent with the principles of freedom of association, and constitutes a clear interference in the election process. Thus, the Committee urges the Government to annul the regulations concerning the appointment of members of preparatory committees of federations, trade unions, associations and occupational organizations and to ensure in the future that the GFTU can conduct elections of its leaders in accordance with its statutes, without intervention by the authorities. The Committee requests the Government to keep it informed of any progress in this respect.
6. 162. The Committee regrets the absence of a response from the Government on the issue of restrictions on the use of trade union funds. In this regard, it urges the Government to indicate the steps taken to annul Decree No. 875 that allows the Government to take control of the finances of existing federations and unions, and strongly urges the Government to return without delay all funds to the GFTU. The Committee requests the Government to keep it informed of any developments in this regard.