Report from Labor Delegation to Iraq

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Dear Sisters and Brothers:

Please find below the report of the delegation of the International Campaign Against the Occupation and For Labor Rights in Iraq to the ILO Workers' Group office in Geneva, Switzerland, on June 11, 2004.

We call on all trade unions and federations -- and on all unionists and labor rights activists -- to endorse the Complaint that was lodged by the Federation of Workers Councils and Unions in Iraq and the Union of Unemployed in Iraq with the ILO's Committee on Freedom of Association. The Committee will be meeting to discuss this Complaint in November 2004.

It is imperative that the broadest forces in the international labor movement come forward in support of this ILO Complaint.

You will find the endorsement coupon at the end of this message. We urge you to endorse this Complaint and to make a financial contribution to help promote this important effort worldwide.

Thanking you, as always, for your ongoing support to the fight for labor rights and democracy.

In solidarity,

Ed Rosario and Alan Benjamin,
Co-Coordinators,
OWC Continuations Committee
San Francisco Labor Council

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Report of the International Delegation from the Campaign Against the Occupation and For Labour Rights in Iraq to the ILO Workers Group on 11 June 2004

A delegation from the International Campaign Against the Occupation and For Labour Rights in Iraq -- which was initiated by US Labor Against the War (USLAW), the International Confederation of Arab Trade Unions (ICATU) and the International Liaison Committee of Workers and Peoples (ILC) -- met the ILO Workers Group in Geneva on 11 June 2004. The aim of this delegation was to support the Complaint lodged with the ILO's Committee on Freedom of Association by the Federation of Workers Councils and Trade Unions in Iraq (FWCUI) and the Union of Unemployed in Iraq (UUI).

This Complaint establishes that ILO Conventions 87 and 98 are being breached in Iraq, especially by the publication of Decree No.16, by which the Iraqi Governing Council decided to grant recognition to only one trade union. The Complaint already has received the support of hundreds of trade union branches, national trade unions, trade union federations and trade union confederations in more than 40 countries around the world.

The ICATU was represented by
- Farouq Ben Auf Saad
- Khadije El Husaini

The Algerian UGTA was represented by
- Tajuq Amar, Textile Union Federation

USLAW was represented by
- Katharine Harer, Co-President of AFT local 1493 in California
- Neal Bisno, Secretary-Treasurer of SEIU local 1199P in Pennsylvania

The FWCUI and UUI were represented by
- Falah Alwan, President of the FWCUI
- Qasim Hadi, General Secretary of the Union of Unemployed in Iraq-UUI
- Aso Jabbar, Representative of the UUI & FWCUI Abroad

The ILC was represented by
- Daniel Gluckstein, Coordinator, ILC
- Olivier Doriane, ILC
- Marie-Claude Schildower, Working Women Commission of the ILC
- Jean-Pierre Barrois, Member of the international delegation to Iraq
- Luc Deley, for the Hosting Committee for the Conference in Defence of ILO Conventions (Switzerland).

The delegation held a preparatory meeting at the Geneva Socialist Party office to define its mandate.

Daniel Gluckstein then presented that mandate on behalf of the whole delegation to Dan Cunniah, Secretary of the Workers Group on the International Labour Bureau (ILB) Governing Body.

By way of introduction, Mr. Cunniah was reminded that the international campaign was set up a year ago, in June 2003, in Geneva.

For the initiators of the campaign, the Iraqi people cannot reclaim its sovereignty as long as the occupying troops remain in the country. For us, the withdrawal of the occupying troops is a democratic demand which is inextricably linked to the demand by the Iraqi people to decide its own future, to run its own country and resources. This is one of the conditions that are indispensable for peace in that country, for the reconstruction of Iraq in all its aspects, allowing the Iraqi people to live with dignity and respect for freedom, democracy and all the rights which flow from this.

Within the framework of our continuing activity for labour rights in Iraq, a first meeting with ACTRAV took place on 15 March 2004. Following that meeting, and acting on the suggestion of the ILO's ACTRAV representatives, the FWCUI and UUI lodged a Complaint with the ILO Committee on Freedom of Association on 20 May. On 2 June, this Complaint was registered as Case No.2348 by the ILO Committee on Freedom of Association.

The acknowledgment letter signed by Bernard Gernigon, Chief of the Freedom of Association Branch, says:

"In accordance with the procedure in force, the text of your communication will be transmitted to the Government for its observations. The organizations are allowed to submit additional information in support of the complaint within one month. After this, only new evidence is receivable which you would not have been in a position to supply within the one-month period. The substance of the complaint will be examined by the Governing Body's Committee on Freedom of Association once the Government's reply thereto has been forwarded to the Office. However, the Committee will proceed to examine the substance of the case even if the Government's observations have not been received after a reasonable period of time."

The official recognition of the complaint by the ILO is very important, as it shows that the ILO recognizes de facto these two organizations as legitimate trade unions. The ILO's rules only allow it to recognize complaints lodged by trade union organizations. Once this point had been underlined, the delegation raised four points.

1. On 28 January 2004, the Iraqi Governing Council issued its Decree No.16, which recognizes one of the Iraqi trade union federations, the IFTU, as "the legitimate and legal representative of the labour movement in Iraq". Is this not a breach of the ILO Conventions, which state that the workers can organize as they wish without interference from the authorities?

2. What replies were given by the ILO to the five questions raised in the Memorandum, listed here, which were presented on 15 March by our last delegation?

- Is it not a breach of Articles 2 and 3 of ILO Convention 87, which stipulate respectively that "Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation" (Article 2) and "Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes" (Article 3)?

- Is it not a breach of Article 3 of Convention 87, which stipulates that "the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof" (Article 3.2)?

- Is it not a breach of Article 1 of Convention 98, which stipulates that "Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment" (Article 1.1) "Such protection shall apply more particularly in respect of acts calculated to: (a) make the employment of the worker subject to the condition that he shall not join a union or shall relinquish trade union membership; (b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours" (Article 1.2)?

- Is it not a breach of ILO Convention 87 when trade unionists are sent to jail because of their activities and when their union offices are invaded by the authorities?

- Is it not a breach of ILO Convention 98 when the authorities take upon themselves the right to decide which organizations can be recognized and thereby choose who has or does not have the right to negotiate?

Are there answers to these questions? What does the ILO intend to do? Would it not be possible for the ILO to condemn these violations of its Conventions?

3. Within a difficult situation where the UN has involved itself in the situation in Iraq through its vote -- for our part we note again that democracy demands the withdrawal of all occupying troops -- and considering that the ILO is an agency of the UN, what does the ILO intend to do currently to ensure that trade union freedoms are respected in Iraq?

4. We ask in particular: Is it possible for the ILO to circulate the Complaint lodged by the Iraqi trade unions during its current Assembly?

Can the Iraqi trade union representatives address the ILO Assembly?

The delegation pointed out that it was not there to defend one trade union against another, or to get involved in the internal debate within the Iraqi labour movement. It is up to the Iraqi workers themselves to decide freely and without any external interference the paths and means it will deem necessary for defending the workers' interests in Iraq. We intend, moreover, to state most strongly that not one step can be made toward democracy if the workers' right to freedom to organize is not completely respected. The USLAW representatives pointed out before the discussion began that the trade union anti-war movement in the United States firmly supports the Complaint by the Iraqi trade unions. The ICATU delegation referred to the joint fight that has been waged for a year, and underlined the need for the Iraqi workers to be free to set up their trade unions.

The FWCUI representatives presented their June report on the situation of the workers in Iraq. This was submitted to the Workers Group representative and to all the trade union organisations internationally, as was the case with the whole of their last contribution. Besides the documents already presented to the ILO, the FWCUI had presented this information to the meeting of the ICFTU in Amman, Jordan, with a representative of the ILO present.

From the replies given to us, we note the following elements:

a) By way of introduction, Dan Cunniah decided to remind us of the procedure which applies to complaints to the Committee on Freedom of Association, which operates independently from the different groups which make up the ILO. It works on the basis of facts and proofs. This led him to explain to the delegation: "You have lodged a complaint. The process regarding this has begun. The more facts and proofs you submit, the better it will be. There are several organizations in Iraq; the complaint that you have lodged will help clarify the situation. Any information you can give will be useful." Notably, he immediately asked for a copy of the statutes of the FWCUI. These were provided and will be passed on to the Workers Group.
Underlining the fact that the representatives of the Iraqi Authority are obliged to respond to the questions raised in the complaint, he informed us that a new meeting of the Committee on Freedom of Association will be held in November. However, he informed us that, in keeping with the current procedure, the rules do not allow for the complaint to be circulated officially within the ILO. He insisted again that the maximum number of facts and documents should be submitted to the Committee on Freedom of Association in support of the complaint.

b) After the question "Is not Decree No.16 a flagrant breach of Conventions 87 and 98?" was put to him, the Workers Group representative asked to see the original text of the Decree. This was translated for him and read to him. After the delegation emphasized that this document is in contradiction with the right of trade unions to organize freely, the Workers Group representative did not disagree with that statement. The delegation emphasized that opposition to this Decree was a central point in the complaint. Is it conceivable that the ILO should for a single instant accept the terms of a decree adopted by the Governing Council which breaches the provisions of its own Conventions? It is the role of the ILO to oversee respect for the provisions of its own Conventions. Nobody can doubt for a single instant that Decree No.16 will be condemned.

c) The delegation pointed out that in all the statements it had made at the international
level, it had always reiterated its support for the statement by the Workers Group in June 2003, which says:
"In the new Iraq, there must be, consistent with ILO standards, full freedom of association, guaranteeing the Iraqi workers the right to organize and to bargain collectively; there must be democracy with full civil liberties, permitting trade unions to choose their own leadership independently and without interference; there must be the right to self-determination by the Iraqi people."
A year later, the delegation therefore asked what the Group's judgement was on the current situation regarding the demands formulated in that statement. The Workers Group representative indicated that, at this stage, the Group had not drafted a specific resolution on Iraq this year, but that he did not rule out the possibility that this could be put up for discussion in a future meeting of the Group.

d) In answer to the request for the FWCUI to address the Workers Group, Dan Cunniah indicated that this could be envisaged. It being understood, however, that this was in no way a question of promoting a competition between Iraqi trade union organisations, but of helping the ILO Conventions to be respected, especially the provision that workers can freely form the trade union of their choice.

The delegation of the Campaign Against the Occupation and For Labour Rights in Iraq:

- Considers that, following the registration of the complaint, this meeting is a further encouragement for all those who in Iraq itself and throughout the world are fighting for the freedom to organise to be respected;

- Calls on the whole of the world labour movement to renew the demand for the withdrawal of the occupying troops from Iraq;

- Calls for the campaign in support of respecting Conventions 87 and 98 to be developed, a campaign which, in Iraq, must begin with the most formal condemnation of Decree No.16.

- Considers that there cannot be democracy in Iraq without total freedom to organise for the Iraqi workers; and

- Throughout the world, in each trade union, in all the trade unions, in all the trade union federations and confederations, calls for declarations of support for the complaint lodged with the ILO to be heard. Let us build a vast movement of solidarity with the people of Iraq. The right of the workers to organise independently recognises no borders. It is possible to change the course of events.

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ENDORSEMENT COUPON

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Lodged by the Union of the Unemployed in Iraq (UUI) and the Federation of Workers' Councils and Unions in Iraq (FWCUI)

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For more information about the International Campaign Against the Occupation and For Labour Rights in Iraq, please contact :

- US Labor Against the War, http://www.uslaboragainstwar.org

- International Confederation of Arab Trade Unions, 213 Bagdad Street PO Box 3225, Damascus (Syria). Tel. : (963 11) 445 95 22 - jFax : (963 11) 4442 03 23. Icatu [at] net.sy

- International Liaison Committee of Workers and Peaoples, eit.ilc [at] fr.oleane.com http://www.owcinfo.org