Informe provisional - Informe núm. 226, Junio 1983

Caso núm. 1139 (Jordania) - Fecha de presentación de la queja:: 10-JUN-82 - Cerrado

1. 230. The World Federation of Trade Unions (WFTU), in a letter to the Director-General of the ITO dated 10 June 1982, stated that it formally endorses the complaint of the General Federation of Jordanian Trade Unions (Damascus) which lists a series of allegations concerning infringements of freedom of association in Jordan. The Government submitted its comments in a communication dated 1 February 1983.
2. 231. 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. Receivability of the complaint

1. 232. Before examining the substance of the complaint, the Committee must consider its receivability. In its communication dated 1 February 1983, the Government states that the so-called General Federation of Jordanian Trade Unions, which is based in Damascus (Syria), consists of only two locally resident workers who claim to represent half a million workers in Jordan. According to the Government, they are being used for political reasons, as the need arises.
2. 233. The Committee recalls that, in a previous case relating to Jordan (No. 811), it decided that a complaint submitted on 11 January 1975 by the General Federation, of Jordanian Trade Unions (Damascus) was not receivable, on the grounds that, according to the information at the Committee's disposal, the complainant federation could not be considered as a workers' industrial organisation. It therefore decided at the time to close the complaint without communicating it to the Government. However, other complaints received jointly from the General Federation of Jordanian Trade Unions and the WFTU have been examined on several occasions by the Committee. '
3. 234. In the present case, the allegations were endorsed by the WFTU in a communication dated 10 June 1982. This communication was transmitted to the Government on 17 June 1982 with the information supplied by the General Federation of Jordanian Trade unions.
4. 235. In the present case, therefore, the Committee wishes to emphasise that complaints from the WFTU and other international workers' and employers' organisations which have consultative status with the ILO are, under current procedure, automatically receivable. Consequently, in strict application of this procedural rule, the entire complaint was transmitted to the Government on 17 June 1982 to enable it to comment on the substance of the case.

B. The complainants' allegations

1. 236. The complainants refer to the Government's alleged interference in the trade union elections which took place during 1982 and to the violence which they say was used to put down a demonstration held to commemorate "Land Day", apparently resulting in a number of deaths and arrests.
2. 237. With their communication the complainants enclosed a bulletin published by the central committee of the Jordanian Communist Party entitled "Al-Jamahir" (No. 2, of February 1982), which gives details of certain aspects of the allegations.
3. 238. The bulletin calls for the liberation of the trade union movement and claims to describe the practices of the Jordanian authorities in the absence of a Labour Code and of trade union freedoms during workers' elections.
4. 239. The bulletin specifically alleges that the public authorities rejected a number of candidates standing for union election. In. the case of the Building Workers' Union, for example, it states that Abdel Razzak Saïd, President of the Union for the eleventh time, who apparently appointed an Administrative Committee under his presidency without any election, excluded a union member who wished to stand for election to the Committee, with the backing of the Ministry of Labour and at the instigation of the police.
5. 240. With regard to the Union of Workers in the Printing, Paper and Cardboard industry, the bulletin alleges that the authorities opposed the wishes of the union members who had succeeded in ousting elements which the complainants describe as reactionary and that, during the elections, they bribed the Union's committees.
6. 241. In the elections for the cardboard sector, the Ministry of Labour apparently opposed the candidature of the trade unionist, Ismail Abdallah, on the grounds that he had been unemployed since his dismissal from the cardboard factory. On the day of the elections for this sector, the police allegedly prohibited him from entering the town of Al-Zarka, where the elections were being held under the supervision of the police and of the representative of the Ministry of Labour.
7. 242. The complainants' bulletin states that, during the elections for the printing sector, trade union elements they describe as honest were successfully elected to the Committee in the Al-Fayene factory, much to the displeasure of the authorities. According to the bulletin, the Secretary-General of the Federation of workers' Trade Unions, Chaler Al-Majali, then brought pressure to bear on a worker, Mrs. Khitan, to force her to resign from the Committee by threatening her brother who works under the Secretary-General on the railways. Furthermore, the Ministry of labour decided to exclude a worker named Labil Al-Achkar, also a member of the Committee, on the grounds that he comes from the Gaza Strip and does not have Jordanian nationality. The bulletin goes on to say that these measures enabled certain members of the union which is close to the Government, who failed to win a seat in the elections, to take the place of the trade unionists illegally removed from the Committee.
8. 243. Finally, in the elections for the paper sector, five committee members whom the complainants describe as reactionary allegedly resigned so that the Committee would have to be dissolved and new elections held in which they hoped to win all the seats.
9. 244. The bulletin also states that the authorities intended to reorganise the Union of Workers in the Printing, Paper and Cardboard Industry or, failing that, to paralyse its work and prevent it from being represented on the Federation's council.
10. 245. With regard to the Union of Oil Refinery workers, the bulletin states that the trade unionists Ahmad Abujabbara and Jamal Al-Lajdawi were held by the intelligence services and forced to collaborate with the Muslim Brotherhood so as to be able to control the Union's Executive Committee where the Muslim Brotherhood candidates were in the minority and could not run the Union's business.
11. 246. Furthermore, referring to the number of members of the unions, the complainants' bulletin explains that various methods were employed to change the balance of power within the council of the Federation of Workers' Trade Unions, which is legally entitled, among other things, to elect the Federation's Executive Committee. One of these methods consists of inflating the membership of the various trade unions.
12. 247. The complainants' bulletin illustrates this point by alleging that, although the transport and metal workers have 400 actual union members, all the drivers (of whom there are about 20,000) have been counted as members of the union and obliged to Fay their dues when they renew their licences. However, the complainants go on to say, this union does not recognise them as full members or grant them the right to vote or to be elected.
13. 248. In the Building Workers' Union whose President, according to the complainants, cannot find seven persons to be members of the Executive Committee, the membership is calculated in such a way as to make it appear that there are 5,000 members so that the union can claim six seats on the Federation's Council.
14. 249. Furthermore, the complainants add, the Railwaymen's Union whose President is Choler Al-Majali, the present Secretary-General of the Federation, and which only has 200 members, has four seats on the Council, and so on.
15. 250. Again according to the complainants' bulletin, Abel Halin Kaddam, President of the Air Transport Workers' Union, stated that his union would be represented by six seats during this session. This means that he claims the Union to have 5,000 members whereas, in fact, it cannot even pay the rent for its headquarters but has it paid for by the Federation. In the opinion of the complainants, this proves that the Union does not have the kind of revenue suggested by the President's claims.
16. 251. Finally, according to the complainants, Choler Al-Majali declared that his union, the Railwaymen's Union, would have five representatives at the session, which means he claims that it has 1,250 members.
17. 252. The complainants' bulletin concludes by objecting that the trade union leaders inflate the membership figures by verifying the records themselves, whereas verification is supposed to be carried out by the Central Council. Moreover, there have been no elections in the major trade unions for 11 years.

C. The Government's reply

1. 253. In its reply of 2 February 1983, the Government refutes most of the allegations. As regards the Government's alleged interference in the elections to the Executive Committee of the Building Workers' Union, for example, it explains that the elections were conducted in accordance with the provisions of Labour Code No. 21 of 1960, as amended, and with the union's own by-laws. In reply to the complaints that Abdel Razzak Saïd appointed an administrative committee under his presidency and without elections, the Government stresses that the union's administrative committee invited its members to submit candidatures for the 1982-84 elections during a one-week period and that it notified the Ministry of Labour accordingly in a communication dated 14 January 1982. On 6 February 1982, the union informed the Ministry by letter that only nine persons had put forward their candidatures. The Government explains that, in accordance with the union's by-laws, the nine persons concerned were duly elected.
2. 254. As regards the second grievance concerning the exclusion of a union member who put forward his candidature, the Government explains that the member concerned, Ali Hamdan Salim, submitted a complaint in writing to the Ministry of Labour on 20 February 1982 in which he maintained that the union had rejected his candidature for election to the Executive Committee on the pretext that he had only been a member of the union for four years. He enclosed a membership card which indicated that he bad joined the union on 2 January 1977. The Government then goes on to explain that the Ministry of Labour conducted an inquiry into the matter and discovered that the person concerned had committed a forgery and that he had joined the union only on 2 March 1978. He had deliberately changed the date of his joining the union himself. He had admitted the facts and was informed that, under the union's bylaws, he was not entitled to stand for election until he had been a member of the union for five years. The Government states that this is the reason why his candidature was refused.
3. 255. As regards the Union of Workers in the Printing, Paper' and Cardboard Industry and the allegation that the candidature of Ismaël Abdallah was refused on the grounds that he had been unemployed since his dismissal from the cardboard factory and was prohibited from entering the town of Al-Zarka where the elections were being held, the Government explains that the refusal of his candidature is in accordance with section 83 of Labour Code no. 21 of 1960, which stipulates that, to stand for elect on to a union's Executive Committee, a person must have been employed and a member of the union without interruption. The Government states that Mr. Ismaël did not fulfil these conditions.
4. 256. As regards the allegation that the Secretary-General of the Federation of Workers' Trade Unions brought pressure to bear on Mrs. Khitam Ibrahim to force her to resign from the union's Executive Committee by threatening her brother who works under the Secretary-General on the railways, the Government maintains that the person concerned resigned of her own free will, without any pressure being brought to bear on her. She sent her letter of resignation to the Federation with a copy to the Ministry of Labour, adds the Government.
5. 257. As regards the alleged exclusion of Labil Yusuf Al-Shagra (Al-Achkar) from the Committee, the Government points out that the decision was taken by the Ministry of Labour because the person concerned comes from Gaza and does not have Jordanian nationality.
6. 258. Concerning the elections to the Union of Oil Refinery Workers, the Government states that these were conducted in accordance with the law and the union's by-laws. No pressure was brought to bear on the parties concerned either during or after the elections. Messrs. Ahmad Abujabbara and Jamal Al-Lajdawi are active members of the administrative committee at the oil refinery and are entirely free to fulfil their duties, explains the Government.
7. 259. The Government generally denies the allegation that the membership of the various unions has been inflated in order to change the balance of power within the Central Council of the Federation of Workers' Trade Unions in particular, it points out that there were in fact 65,000 members of the General Transport and Metal Workers' Union, covering all branches within the sector, as at 31 May 1982. It maintains that these statistics are based on the most recent verification of the union's records carried out by the Ministry of Labour. The figure of 20,000 members referred to by the complainants is rot correct, according to the Government. Furthermore, all the members of the union have equal rights and obligations and may be elected to the executive of the administrative committees within the General Union and to the branch committees, in accordance with the union's by-laws. The union has six seats on the Central Council of the federation of workers' Trade Unions.
8. 260. Concerning the allegation that, in the Building Workers' Union, the President cannot find seven persons to be members of the Executive Committee but that they membership has been calculated in such a way as to make it appear that there are 5,000 members so that the union may claim six seats or the Federation's Council, the Government maintains that, according to the latest statistics compiled by the Ministry of Labour on the basis of the union's records, there are 6,000 members. The Government points out that, in this union as well, all members have the same rights and obligations and are eligible for election.
9. 261. As regards the complainants' allegation that the Railwaymen's union wrongly claims to have 1,250 members so that it may have five representatives on the central Council, the Government explains that, according to the latest statistics, the union has 700 members; the figure of 1,250 is therefore incorrect and the Government points out that the union therefore has only four seats on the Central Council, in accordance with the statutory provisions.
10. 262. As regards the allegation that the Air Transport and Tourism Workers' Union has six seats and claims to represent 5,000 members, whereas it cannot even manage to pay its rent and has it paid by the Federation, the Government states that the statistics show that 3,000 members of the union have paid their dues. The Government maintains that this union is not experiencing any financial difficulties and has five seats on the Federation's Council.

E. The Committee's conclusions

1. 263. The Committee notes that there are two sets of allegations in this case: the first concerns the Government's alleged interference in the 1982 trade union elections and practices resulting from rivalry between the unions; the second relates to the violence, including deaths and arrests, which allegedly occurred following a demonstration held to commemorate the "Land Day" which was put down by the authorities.
2. 264. As regards the first set of allegations, the Government provides very precise and detailed information on the allegations raised by the complainants. The Committee cannot fail to note that, on several points, there is a contradiction between the complainants' allegations and the Government's replies.
3. 265. The Committee notes, in particular, the case of a worker who was not able to stand as candidate because he had committed a forgery by indicating on his union card that he had been employed for five years whereas, in fact, he had only been employed for four years. Moreover, he admitted that he had committed a forgery. On this specific point, the Committee is of the opinion that the behaviour of candidates for trade union office who are subsequently convicted of having committed a forgery in order to stand for election cannot in any way be considered acceptable and that trade unionists, like anybody else, are duty bound to respect the law and, of course, not to commit forgeries.
4. 266. Concerning the other aspects of the first set of allegations, the Committee notes that the main issue generally seems to be that lists of candidates for trade union office must first be submitted for approval by the Government and that candidates may be removed if they do not fulfil the eligibility conditions stipulated in the law. The Committee has already received allegations of this nature in previous cases concerning Jordan' and, on these occasions, drew the attention of the Government to the importance it attached to the fact that workers and employers should in actual practice be able to form organisations of their own choosing and to elect their representatives in full freedom. It also drew attention to the fact that provisions involving interference by the public authorities in various stages of the electoral process, and specifically with the obligation to submit the names of candidates to the ministry of Labour, are incompatible with the right to hold free elections.
5. 267. The Committee notes that, in the present case of a candidate for trade union office who was refused the right to stand because he had been unemployed since being dismissed from a cardboard factory, the Government itself explains that the refusal of his candidature is in accordance with section 83 of Labour Code No. 21 of 1960, which stipulates that only persons who have been continuously employed or members of the union without interruption may stand for election to a union's Executive Committee.
6. 268. In this respect, the Committee would stress, as it has done in previous cases, that provisions that require that trade union leaders should, at the time of their election, have been engaged in the occupation or trade for a certain period, are not in harmony with the principles of freedom of association.
7. 269. Regarding the Government's indication that a candidate for trade union leadership must have Jordanian nationality and that a candidate was refused the right to stand for office because he came from the Gaza area, the Committee also points out that provisions of this nature, which involve the risk of depriving certain categories of workers of the right to elect their representatives in full freedom, should be made more flexible and take account of the worker's period of residence in the host country or other criteria, as indicated by the Committee of Experts on the Application of Conventions and Recommendations in its 1983 General Survey.
8. 270. Concerning the allegations that the membership of the unions has been inflated in order to charge the balance of power within the Central Council o£ the Federation of workers' Trade Unions, the Committee considers that in order to reach conclusions in full knowledge of the facts as regards this aspect of the case, it would be useful if the Government were to supply further information on this question.
9. 271. The Committee deplores the deaths and arrests, which occurred following a demonstration held to commemorate "Land Day" which was put down by the authorities. The Committee notes with regret that the Government makes no comment on this aspect of the case. Nevertheless, the Committee also notes that the complainants' allegations are vague and do not even mention the year in which the demonstration took place or give the names of the victims of the alleged repression.
10. 272. In these circumstances, the Committee cannot but recall in general terms the importance it attaches to the right to organise public meetings and to hold trade union meetings, which it considers one of the basic aspects of freedom of association and stress that police action should be limited to maintaining law and order in public places and that the police should be given suitable instructions so that injuries and loss of human life are avoided.

The Committee's recommendations

1. 273. In these circumstances, the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
   • (a) Concerning the allegations of interference in the trade union elections of 1982, the Committee wishes to draw the Government's attention to the fact that legal provisions involving interference by the public authorities in various stages of the electoral process, and specifically the obligation to submit the names of candidates to the Ministry of Labour in advance, are incompatible with the right to hold free elections. The Committee also expresses the hope that the Government might envisage amending its legislation so that union office is open not only to persons actually employed in the occupation but also to unemployed persons who have previously been employed in it and that they might envisage allowing a certain proportion of non-nationals to be candidates for union office, in accordance with criteria based on length of residence in the host country or other criteria.
   • (b) Concerning the allegation that the membership of the unions has been inflated in order to change the balance of power within the Central Council of the Federation of workers' Trade Unions, the Committee considers 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.
   • (c) The Committee deplores the deaths and arrests, which occurred following a demonstration held to commemorate "Land Day" which was put down by the authorities. The Committee regrets that the allegations are vague, that the complainants failed to communicate any names, and that the Government did not reply to the allegations. In these circumstances, the Committee cannot but recall in general terms the importance it attaches to the right to organise public meetings and to hold trade union meetings, which it considers one of the basic aspects of freedom of association and stresses that police action should be limited to maintaining law and order in public places and that the police should be given suitable instructions so that injuries and loss of human life are avoided.