Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 234, Juin 1984

Cas no 1146 (Iraq) - Date de la plainte: 14-FÉVR.-83 - Clos

1. 242. The Committee already examined this case at its November 1983 meeting when it submitted an interim report to the Governing Body. [See 130th Report, paras. 498-501, approved by the Governing Body at its 224th Session, November 1983.]
2. 243. Subsequently, the Government sent a communication dated, January 1984.
3. 244. Iraq 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. Previous examination of the case

1. 245. The Committee had observed that there was a 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. The Committee consequently requested the Government to supply a copy of the judgment handed down against these persons and information as to when they had ceased to be trade union leaders.
2. 246. The allegation pending concerned the fact that the present trade union leadership was imposed upon the workers and is a "puppet" in the hands of the Government, as regards which allegation the Committee noted that, according to the Government, 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 noted that new trade union elections were scheduled for August 1983, and it requested both the complainant and the Government to provide information on the results of these elections, as well as, in this connection, information concerning the participation of the "Workers' Democratic Trade Union Movement", on whose allegations the complainant had based its complaint but whose existence had been denied by the Government in its reply.

B. The Government's reply

1. 247. In its communication of January 1984, the Government presents a summary of the legal proceedings concerning the President and General-Secretary of the General Federation of Trade Unions in Iraq who were tried and sentenced to death in 1979. The Government states that proceedings started on 28 July 1979 and that the trial took place before an ad hoc court.
2. 248. The Government points out that well before their indictment Mohamed Ayesh and Baden Fadel (respectively President and General--Secretary of the General Federation of Trade Unions in Iraq) had been relieved of their trade union duties for the following reasons. Mohamed Ayesh was appointed Minister for Industry and Metallurgy by Presidential Decree No. 98 on 18 February 1978; following this appointment, a further president of the Federation bad been elected, who had attended the International. Labour Conference in June 1978. Baden Fadel was appointed President of the Workers' Employment and Training Institute at the Ministry of Labour and Social Affairs by Decision No. 227 of the Revolutionary Council. As a result of their appointment to administrative posts, these two persons had for several months ceased to be union leaders. They were' subsequently tried and sentenced for espionage and conspiracy to assist a foreign power in the violent overthrow of the established order.
3. 249. The Government further states that these two persons were given all the legal guarantees provided for by law, but it does not supply a copy of the judgment in support of these affirmations as it had been requested to do by the Committee.
4. 250. As regards the new trade union elections of the Workers' Confederation, the Government indicates in its communication that they were held over a period of two months, the last election taking place on 14 September 1983. According to the Government's description, the elections were held at all levels from grass-roots to the top and throughout the country. According to the Government's communication, the elections were, moreover, democratic and were monitored by a commission consisting of leaders of various non-Iraqi Arab trade union organisations. Furthermore, a number of observers were invited also to monitor the various stages of the elections; these observers came from Arab or international federations and organisations or were prominent personalities from the Arab and international labour sphere, a list of whom is supplied by the Government. It is also stated that 21 candidates from among members of the Central Revolutionary Council stood for election to the executive office of the Confederation of Workers' Trade Unions; a list of the candidates as well as the results of the election, which was held by secret ballot, are supplied in the communication.

C. The Committee's conclusions

1. 251. The Committee notes the information provided by the Government to the effect that the leaders of the General Federation of Trade Unions in Iraq, Mohamed Ayesh and Baden Fadel, were not indicted and tried in their capacity as trade union leaders, since they had previously been appointed to posts in the national administration. Mr. Ayesh was appointed Minister for Industry and Metallurgy in February 1978 and B. Fadel was appointed President of the Workers' Employment and Training Institute at the Ministry of Labour and Social Affairs in February 1977. According to the Government, those concerned thereby forfeited their trade union mandate.
2. 252. As regards the death sentence handed down on the two persons concerned, the Committee regrets that the Government has not provided a copy of the judicial decision which it had requested. It therefore requests the Government to send the text of the judgment.
3. 253. In its previous examination of the case, the Committee had requested both the complainant and the Government to supply detailed information on the trade union elections scheduled for August 1983, as well as on the participation of the "Workers' Democratic Trade Union Movement", on whose allegations the ICFTU had based its complaint.
4. 254. In the first place, the Committee observes that it has not received any further communication from the complainant to supplement the information previously supplied and which had been examined by the Committee.
5. 255. Furthermore, the Committee notes that the Government once again denies the existence of the "Iraqi Democratic Trade Union Movement".
6. 256. The Committee also notes the Government's comments that the new trade union elections took place as scheduled at the national level and over a period of two months, terminating in the nomination of the members of the executive committee of the Trade Union Confederation on 14 September 1983, and that they took place at all levels, being directly monitored at all the various stages by a large number of observers, coming in particular from Arab and international federations and organisations. The Committee notes the Government's observation that the election of the executive committee was by secret ballot.
7. 257. In the light of the information supplied by the Government and in the absence of information from the complainant to support its allegations concerning the existence of the "Workers' Democratic Trade Union Movement", the conduct and the results of the new elections, the Committee can only conclude that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 258. In these circumstances, the Committee recommends the Government Body to approve this report, and in particular the following conclusions:
   • (a) The Committee takes note of the Government's detailed explanations to the effect that the two trade union members named had ceased to be trade union leaders well before being tried and sentenced to death for espionage and conspiracy against the security of the State. It requests the Government to supply the text of the judgment which was handed down in this case.
   • (b) As regards the trade union elections of 1983, in the absence of evidence to support the allegations of the complainant, and taking note of the information provided by the Government on the conduct and results of the elections, the Committee considers that this aspect of the case does not call for further examination.