Informe provisional - Informe núm. 230, Noviembre 1983

Caso núm. 1146 (Iraq) - Fecha de presentación de la queja:: 14-FEB-83 - Cerrado

1. 491. By a communication dated 14 February 1983, the International Confederation of Free Trade Unions (ICFTU) submitted a complaint of violations of trade union rights in Iraq. The Government replied in communications dated 22 June and 6 October 1983.
2. 492. Iraq has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 493. The ICFTU bases its complaint on allegations received from the Workers' Democratic Trade Union Movement of the Republic of Iraq, according to which Iraqi workers are suffering violations of trade union rights and freedoms accompanied by persecution, murder, torture and detentions.
2. 494. According to the complainant, a trade union leadership isolated from the working masses was imposed in circumstances of undemocratic, rigged elections in 1969; since then, it is alleged, trade union activities have been reserved solely for members of the ruling Ba'ath party, trade union membership has become compulsory although the Labour Code (No. 151 of 1970) provides for voluntary union membership, and the payment of contributions is also compulsory. Furthermore, according to the complainant, the official trade union leadership has turned into puppets in the hands of the Government which manipulates them and impels them to implement its decisions, particularly in the period after the sixth Congress which was held in August 1980 following the physical liquidation of Mohamed Ayesh and Baden Fadel (respectively President and General Secretary of the Federation of Trade Unions of Iraq) and other militants. The trade unions have since allegedly been turned into a police tool linked with the intelligence and security services. On this point, the complainant indicates that the trade unions have allegedly been used to facilitate the compulsory recruitment of workers for the war between Iraq and Iran.
3. 495. The complainant quotes the names of 13 workers who allegedly died under torture and at places of execution (see Annex) and the names of six trade union leaders who they state have disappeared. They are the following: Handaal Jaadar, of the Union of Food Industry Workers, who was President of the Dockers' Union at Basrah; Badran Rasan, Zaemil Hatem and Abdulla Hatem, of the Cigarette Workers' Union, and Abdel Razzak Ahmed and Faed Mustapha Abdel Karim of the Mechanical Engineering Workers' Union.
4. 496. Lastly, the complainant refers generally to "unjust amendments" introduced by the Government to the Labour Code and Social Security Code, which favour employers and parasitic sections of the population who benefit from national enterprises. It also points out that the Government has exempted multinational firms from coverage under these two Codes.

B. The Government's reply

1. 497. In its communication of 22 June 1983, the Government denies the existence of the so-called "Workers Democratic Trade Union Movement" either in the past history or present of the Iraqi trade union movement; accordingly it disputes the authenticity of the information supplied on alleged violations of trade union rights.
2. 498. According to the Government, the Federation of Trade Unions in Iraq was freely and democratically set up as a result of elections in which the majority of Iraqi workers participated. In this connection, it points out that new trade union elections will take place from 21 to 25 August 1983 and again all Iraqi workers are free to participate in them. According to the Government, if the "Workers' Democratic Trade Union Movement" really exists it is also invited to take part in the elections in full freedom.
3. 499. The Government stresses that the complainant's allegations are false and aimed at jeopardising the Iraqi Revolution. It also states that the complaint unjustly attacks the legitimate democratic trade union movement which was set up and operates under the Labour Code, legislation which together with the Constitution of Iraq assures full freedom of association.
4. 500. In its communication of 6 October 1983, the Government repeats that the elections - held in 1980 - for the General Federation of Trade Unions in Iraq were free and democratic, and were attended by more than 70 international organisations. According to the Government, the recent trade union elections were equally free from any interference and it supplies a copy of the election regulations in support of this. In addition, the Government denies that trade union committees and activities are monopolised by the Arab Ba'ath Socialist Party and that trade union membership is compulsory. It points out that under section 216 of the Labour Code, union subscriptions are not compulsory nor is trade union membership. As an example of the independence of the Iraqi trade union movement, the Government refers to an incident at the 69th Session of the International Labour Conference this year at which the Iraqi Workers' delegates left the plenary session in protest to a certain speaker but the Government delegation remained.
5. 501. As regards the allegation that the President and General-Secretary of the Federation were liquidated for trade union reasons, the Government states that this is untrue because neither were trade unionists at the time that they were legally tried, in 1979, for conspiracy against the security of the State. They were sentenced to death in accordance with the laws in force.
6. 502. The Government supplies details on each of the 13 workers who allegedly died under torture, stating that in six cases no person of that name could be found, in five cases the persons concerned died natural deaths at home and in two cases the persons named have left Iraq of their own free will. As for the six alleged trade unionists who disappeared, the Government states that, firstly, there is no union known as the Mechanical Engineering Workers' Union and, secondly, that two of the names are unknown (Abdul Razzaq Ahmed and Fayeq Mustafa Abdul Karim), one of them died a natural death at home (Abdulla Hatam), one was tried and sentenced under the laws in force for espionage (Handal Jadir), one travelled abroad for medical treatment and did not return (Badran Risan) and one of those persons named is a fugitive from justice charged with espionage (Zmil Hatam).

C. The Committee's conclusions

1. 503. As a preliminary remark the Committee would point out that the Government's denial of the existence of the "Workers' Democratic Trade Union Movement" does not render this complaint irreceivable, since the complainant, the ICFTU, being an organisation having consultative status with the ILO is, under the procedure in force, entitled to present complaints of infringements of trade union rights.
2. 504. The Committee notes the contradictions existing between the complainant's allegations and the Government's reply concerning the torture and death of 13 workers and the disappearance of six trade union leaders. In the absence of more detailed evidence from both the complainant and the Government, the Committee can only recall generally that murders and torture constitute serious violations of fundamental human rights.
3. 505. The Committee also observes the contradiction between the complainant's allegation that the President and General-Secretary of the General Federation of Trade Unions in Iraq were executed on account of their trade union activities and the Government's reply that they were not trade unionists at the time and were legally tried in 1979 for conspiracy against the security of the State, and were sentenced to death. In view of this, the Committee requests the Government to supply a copy of the judgement handed down against these persons and information as to when they ceased to be trade union leaders.
4. 506. The Committee notes that the Government makes no specific reference to the allegation of "unjust amendments" to the Labour Code but cites its Constitution and the Labour Code as assuring full freedom of association. Since the complainant gives no details on this allegation and since the Committee of Experts on the Application of Conventions and Recommendations, in its periodic examination of Iraq's application of Convention No. 98, has made no comment on any amendments to the Code, the Committee considers that this aspect of the case does not call for further examination. Moreover the Committee would recall the questions concerning social security legislation fall outside its competence.
5. 507. As regards the allegations that the present trade union leadership was imposed upon the workers and is a "puppet" in the hands of the Government, the Committee notes the Government's assertion that the General Federation of Trade Unions of Iraq was freely and democratically set up as a result of elections in which the majority of Iraqi workers participated. The Committee also notes that, according to the information supplied by the Government, new trade union elections were scheduled for 21 to 25 August 1983 in which all workers could take part and detailed regulations for candidacy and the orderly running of the elections were widely publicised by the Superior Electoral Body. The Committee considers that it would be useful to receive both from the complainant and from the Government details as to the results of these trade union elections, as well as information concerning the participation of the "Workers' Democratic Trade Union Movement" in them.

The Committee's recommendations

1. 508. In these circumstances, the Committee recommends the Governing Body to approve this interim report, and in particular the following conclusions:
   • (a) The Committee notes that the complainant's allegations and the Government's reply concerning the torture and deaths of 13 workers and the disappearance of six trade union leaders are contradictory and accordingly recalls generally that murders and torture constitute serious violations of fundamental human rights.
   • (b) It also notes the contradiction existing between the complainant's allegation that the President and Secretary-General of the General Federation of Trade Unions in Iraq were executed on account of their trade union activities and the Government's reply to this allegation. It accordingly requests the Government to supply a copy of the judgement handed down against these persons and information as to when they ceased to be trade union leaders.
   • (c) The Committee considers that the allegation of "unjust amendments" to the Labour Code (No. 151) of 1970 does not call for further examination.
   • (d) As regards the allegations that the present trade union leadership was imposed on the workers and is a "puppet" in the hands of the Government, while noting the detailed information' supplied by the Government on the running of the trade union elections, the Committee requests both from the complainant and from the Government information concerning the results of and participation in the new trade union elections which were to be held from 21 to 25 August 1983.

Z. ANNEX

• Names of workers who allegedly died under torture or were executed
  1. 1 Abdel Rahman Abdel Raheem, executed in May 1978.
  2. 2 Mahmoud Matar, worker in the "Freedom" publishing house, died in 1979 under brutal torture.
  3. 3 Abd Ali Abeed, worker born in 1954 in Baghdad: his body was handed over to his family on 1 June 1980 bearing marks of savage torture, some parts of the body having been severed, his skull smashed and nails torn out.
  4. 4 Bakar Abdel Malik Idbis, worker in the Automobile Corporation in Samawa, elected workers' representative, died under torture at the end of 1980. His body was handed over to his family.
  5. 5 Djawda Raheen, worker in the Samawa Cement Factory, died under torture at the end of 1980. His body was handed over to his family.
  6. 6 Abi Abdel Razzak, worker in the Fruit and Vegetable Marketing Society in Samawa, died under torture at the end of 1980. His body was handed over to his family.
  7. 7 Kasim Hussein Yassin, born in 1954 in Kazimiah, Baghdad, textile worker, one of the most prominent leaders of young workers in Kazimiah in 1974-75. Arrested in April 1980, he died under torture in the same year.
  8. 8 Saadi Bajai, worker, arrested in 1980; released after some time, he died as a result of thalium poisoning.
  9. 9 Abdel Hussein Faraj Said, aged 20 years, worker in the General Building Contractors Corporation in Baghdad - Thawra. Arrested in 1975, then released and arrested again. Released after 51 days' imprisonment, he died two days later as a result of thalium poisoning.
  10. 10 Hami Wahaab, worker in the carbonated drink factory of Basrah, born in 1943, was run over by a car belonging to the security services as he was on his way home.
  11. 11 Rashid Djafar, worker in Ramthiah, was executed at the end of 1980.
  12. 12 Abdel Hussein Kamal of Basrah - Al-Maagual, a crane operator in Iraqi ports, was subjected to torture, in which he was burned and his nails torn out. He was murdered after his release.
  13. 13 Jabbar Saleh (Abou Ebeis), textile worker in the Babel Governate, was shot dead.