Rapport intérimaire - Rapport No. 363, Mars 2012

Cas no 2740 (Iraq) - Date de la plainte: 03-NOV. -09 - Clos

Allegations: The complainant organization alleges acts of interference by the Government, including the seizure of organizational funds, preventing the election of board members, appointing persons to manage the organization and the storming of the organization’s headquarters in 2009

1. 695. The Committee already examined the substance of this case at its November 2010 meeting, when it presented an interim report to the Governing Body [358th Report, paras 644–660, approved by the Governing Body at its 309th Session (November 2010)].
2. 696. The Government provided its observations in a communication dated 28 April 2011.
3. 697. Iraq has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), but not the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. Previous examination of the case

1. 698. At its November 2010 meeting, the Committee made the following recommendations [see 358th Report, para. 660]:
   • (a) The Committee requests the Government to indicate the steps taken to annul Decree No. 8750 and urges the Government to return without delay all funds to the Iraqi Federation for Industries as well as to the other organizations affected by the Decree.
   • (b) The Committee urges the Government to provide its observations on the allegations concerning the storming and occupation of the premises of the Iraqi Federation of Industries by members of the preparatory committee for the holding of the elections of the Federation under the protection of the local police.
   • (c) The Committee requests 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 Iraqi Federation of Industries can conduct elections of its leaders in accordance with its statutes, without intervention by the authorities.
   • (d) The Committee requests the Government and the complainant to provide information on any court decision following the complaint brought by the Iraqi Federation of Industries.

B. The Government’s reply

1. 699. In its communication dated 28 April 2011, the Government recalls that it has established a preparatory committee to speed up the conduct of the elections of the members of the Iraqi Federation of Industries board of directors. In this regard, it indicates that it has given instructions to the preparatory committee which aim at having the elections conducted in accordance with the rules established by the Council of Ministers.
2. 700. The Government adds that meetings were organized between governmental representatives and officials of the Iraqi Federation of Industries, in particular that the President of the Federation met with the legal adviser of the Ministry of State for the Affairs of Civil Society Organizations to agree on convenient dates for the holding of free elections for Iraqi industrialists.

C. The Committee’s conclusions

1. 701. The Committee recalls that the present case concerns the following allegations: (i) the seizure of the Iraqi Federation of Industries’ funds, amounting to US$1,500,000 collected from membership fees and paid service, by Decision No. 8750 of 8 August 2005 of the Government; (ii) the appointment to the Federation’s board of members who do not have the legal status and legitimacy to manage it; and (iii) the occupation of the Federation’s premises by a group of individuals under the protection of local security forces.
2. 702. The Committee notes that, in its communication, the Government provides information only on the issue of the election of the members of the Iraqi Federation of Industries board of directors. The Government indicates that it has instructed the preparatory committee to ensure that the elections are conducted in accordance with the rules established by the Council of Ministers. While also noting the Government’s indication that, during a meeting held with the President of the Federation, agreement was sought on convenient dates for the holding of free elections for Iraqi industrialists, the Committee is bound to once again recall that it is the prerogative of workers’ and employers’ organizations to determine the conditions for electing their leaders and the authorities should refrain from any undue interference in the exercise of the right of workers’ and employers’ organizations freely to elect their representatives, which is guaranteed by Convention No. 87 [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 390]. The Committee is bound to reiterate 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 above principles 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 Iraqi Federation of Industries can conduct elections of its leaders in accordance with its statutes, without intervention by the authorities.
3. 703. More generally, the Committee once again recalls that legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference by the public authorities. Where such provisions are deemed necessary by the public authorities, they should simply establish an overall framework in which the greatest possible autonomy is left to the organizations in their functioning and administration. Restrictions on this principle should have the sole objective of protecting the interests of members and guaranteeing the democratic functioning of organizations. Furthermore, there should be a procedure for appeal to an impartial and independent judicial body so as to avoid any risk of excessive or arbitrary interference in the free functioning of organizations [see Digest, op. cit., para. 369]. The Committee firmly expects that the Government will bear these principles in mind when drafting proposals concerning the manner in which trade unions or employers’ organizations should function, operate and organize, and that it will fully ensure, in law and in practice, the right of workers and employers to form and join organizations of their own choosing, as well as the free functioning and administration of these organizations.
4. 704. The Committee further notes with regret that the Government does not provide any specific answer to its previous requests with regard to allegations concerning the seizure of the Iraqi Federation of Industries’ funds, and the occupation of the Federation’s premises by a group of individuals under the protection of local security forces. Under these circumstances, the Committee finds itself obliged to reiterate the recommendations it made when it examined these allegations at its meeting in November 2010 [see 358th Report, para. 660].

The Committee's recommendations

1. 705. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) 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 Iraqi Federation of Industries can conduct elections of its leaders in accordance with its statutes, without intervention by the authorities.
   • (b) The Committee urges the Government to indicate the steps taken to annul Decree No. 8750 and strongly urges the Government to return without delay all funds to the Iraqi Federation of Industries as well as to the other organizations affected by the Decree.
   • (c) The Committee once again urges the Government to provide its observations on the allegations concerning the storming and occupation of the premises of the Iraqi Federation of Industries by members of the preparatory committee for the holding of the elections of the Federation under the protection of the local police.
   • (d) The Committee once again requests the Government and the complainant to provide information on any court decision following the complaint brought by the Iraqi Federation of Industries.