Open World Conference of Workers

In Defense of Trade Union Independence & Democratic Rights

ILC INTERNATIONAL NEWSLETTER NO. 83

A dossier of weekly information published by the International Liaison Committee of Workers and Peoples
June 14, 2004


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ILC International Newsletter
International Liaison Committee of Workers and Peoples
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PRESENTATION:

In this issue we publish a report from the delegation of the International Campaign Against the Occupation and For Labor Rights in Iraq that met the Workers' Group of the ILO on June 11, 2004 in Geneva, to support the complaint lodged by the Federation of Workers' Councils and Unions in Iraq (FWCUI) and the Union of Unemployed Workers in Iraq (UUI).

Let us recall that this complaint (reproduced in full on page 6) concerned the violation of conventions 87 and 98 of the ILO in Iraq and was officially registered by the Committee of Union Liberties of the ILO that recognized the FWCUI and the UUI as legitimate unions.

After hearing replies from the ILO representatives, the delegation presented the conclusions reached from its activities before the delegations of 25 countries gathered for the 11th meeting of the ILC for the defense of ILO conventions. This meeting called for the construction of a vast solidarity movement with the people of Iraq and renewed the demand for the withdrawal of all occupation troops and for support for the complaint lodged by the Iraqi unionists for the respect of ILO Conventions 87 and 98 (see pages 3, 4 and 5).

On the eve of Saturday, June 12 under the aegis of the Swiss welcoming Committee, 80 delegates from 14 European countries met in the setting of the European Conference. We will publish a complete account of this conference in the next ILC International Newsletter.

This week we publish the "Appeal for United Action Against the European Constitution" that was adopted and that invites workers and their organizations to join a campaign to fight against the European Constitution. (see pages 7 and 8).

There is no doubt that these campaigns will be welcomed.

Support the fight of the ILC
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Table of Contents:

p. 1: Presentation
p. 2: Report on the meetings of June 12 and 13, 2004 in Geneva for the defense of ILO conventions and against the European Constitution.
*Subscriptions
pp. 3, 4, 5,6: 4-pages: Report from the International Delegation of the International Campaign Against the Occupation and For Labor Rights in Iraq by the Geneva Workers' Group of the ILO on June 11, 2004.
pp. 7, 8: An appeal for united action against the European Constitution

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June 12, 2004
European Conference for Peace, Democracy and Labor Rights

On the eve of the European elections that shook up Europe, the militants and elected officials of the Swiss Socialist Party and the ILC held a meeting on June 12 in Geneva.

Delegates from 11 countries of varying political and union affiliations debated the situation in which the labor movement has joined the fight in the face of the devastating policies of the European Union.

They adopted an appeal for united action against the European Constitution that the Brussels institutions and all governments pretend to impose on their peoples.

Their decisions are registered here.

Decisions of the European Conference that gathered 80 delegates from 11 countries

To organize a campaign of the workers' movement and its organizations in support of the Appeal for United Action Against the European Constitution that has been signed individually by the delegates [see Appeal in this issue].

Proposed: to publish a report on the conference in the ILC International Newsletter in its European section.

Proposed: that all the comrades who wish can add their names to the European Liaison Bureau that was constituted at the first European Workers' Meeting in Paris in September 2003.

Within the setting of all the activities that the different delegates evoked, it is necessary to integrate the consequences of the policies of the European Union in Turkey and a campaign to support the Guadeloupe Union UGTG, repressed by the French government.

The conference was informed of progress on the discussion with different comrades from several countries on the possibility of organizing a World Conference of the International Liaison Committee for Workers and Peoples next year.

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June 13, 2004

11th meeting of the ILC for the defense of ILO conventions and support for the International Campaign Against the Occupation and For Labor Rights in Iraq and support for the complaint lodged with the Workers' Group of the ILO.

For the 11th consecutive year the ILC organized a meeting for the defense of ILO conventions in Geneva.

On June 13 delegates from Algeria, Benin, Belgium, Burkina Faso, Burundi, Ivory Coast, Germany, Spain, the United States of America, France, Guadeloupe, Great Britain, Italy, India, Iraq, Lebanon, Mauritania, Pakistan, Portugal, Serbia, Switzerland, Syria, Chad, Turkey and the Ukraine gathered and discussed.

The focal point of this meeting was the fight for the reconquest of workers' rights and gains.
This is true as concerns the normative system of the ILO conventions that has been undermined during these last years by the newly adopted Charter of Fundamental Rights.

This holds true in Iraq where the struggle of the Iraqi workers for the right to organize independently is the corner stone of the action for democracy, the right of the Iraqi nation to determine its own destiny, peace.

For several months international action has been sustained through the International Campaign Against the Occupation and For Labor Rights in Iraq. This has received strong encouragement with the registration by the ILO of the complaint lodged by the Iraqi unions to have conventions 87 and 98 respected; this support was confirmed by the dialogue instituted by the Workers' Group of the ILO.

In accordance with the traditions of the ILC traditions -- which regroups organizations, currents and militant who in their diversity place themselves in the fight for class independence -- the conference recorded a certain number of campaigns and proposals.

Each participant was at liberty to associate themselves or not, based on their agreement with each of the particular initiatives.

Finally, it is important to note that in accordance with the principles of independence of the ILC, this conference was self-financed.

Through the inscriptions paid by the delegates we were able to finance the hall, translation material and the trips of the Iraqi delegates that came from Baghdad to present their fight.


Proposals and information registered by the 11th Meeting of the ILC

1. Launching of a vast international support campaign by all unions of the complaint lodged at the ILO for labor rights in Iraq. Added to this is a proposal from the Turkish delegate to send health convoys.
2. Information on the holding of an International Conference for the Right of Return of Palestinians banished in 1947.
3. Support for the initiative in progress in Ukraine for the defense of the Labor Code.
4. Proposal to hold a worldwide conference for peace that will be held in Ivory Coast during the first quarter of 2005.
5. Information was given on the proposal of a conference for the return to public service of Entergie on the initiative of officials of Swiss unions.
6. A document was distributed to call attention to the revision of recommendation 150 of the ILO on strengthening human resources and professional training.
7. An international campaign will be organized to reply to Iraqi women claiming inclusion of specific rights in the Work Code and civil rights.
8. Solidarity campaign organized to oppose the repression against the militants of the UGTG in Guadeloupe.
9. Some delegates countersigned an appeal for solidarity with the workers of Color King Printing Press in Pakistan who were dismissed for having organized a union in their company.

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INTERNATIONAL CAMPAIGN AGAINST THE OCCUPATION AND FOR LABOR RIGHTS IN IRAQ

Report of the international delegation for the Workers' Group of the ILO on June 11, 2004

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

[ ] I SUPPORT THE COMPLAINT TO THE ILO TRADE UNION FREEDOM COMMITTEE
Lodged by the Union of the Unemployed in Iraq (UUI) and the Federation of Workers' Councils and Unions in Iraq (FWCUI)

[ ] In my personal capacity 

[ ] On behalf my organisation

Name:

Union / organisation:

Address:

City/State or Dept & Country:

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[ ] I pledge $ ____ to help defray the cost of this organizing effort.

Please return endorsements to: <<?color><?param 0000,0000,00FF>eit.ilc@fr.oleane.com> and to <ilcinfo@earthlink.net>
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FOR INTERNATIONAL DONATIONS;

Make cheques payable to CMO, 87, rue Fbg. Saint-Denis 75010 Paris, France
Bank account : (IBAN) : FR76 3093 8000 34000 5122 7000 317 - LUBFRPP

FOR DONATIONS FROM THE UNITED STATES:

Make cheques payable to OWC and mail to OWC, c/o San Francisco Labor Council, 1188 Franklin St. #203, San Francisco, CA 94109.

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

- US Labor Against the War, 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@net.sy

- International Liaison Committee of Workers and Peaoples, <?color><?param 0000,0000,00FF>eit.ilc@fr<?/color>.oleane.com <?color><?param 0000,0000,00FF>www.owcinfo.org

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APPEAL

Support the Complaint to the ILO Committee on Freedom of
Association Lodged by the Federation of Workers' Councils and Unions in Iraq (FWCUI) and the Union of the Unemployed in Iraq (UUI)

Introduction

The Federation of Workers' Councils and Unions in Iraq (FWCUI) -- of which the Union of the Unemployed in Iraq (UUI) is an affiliate -- has been fighting unceasingly to be granted legal recognition ever since it was founded at a national conference held on December 8, 2003 in Baghdad with worker delegates representing workplaces from across Iraq.

The Union of the Unemployed in Iraq was formed in May 2003, when they elected an Executive Council that elected their General Secretary. It has now formed local branches in 7 provinces grouping 150,000 affiliated workers from around the country.

The Federation of Workers' Councils and Unions in Iraq and the Union of the Unemployed in Iraq attended an ILO and ICFTU seminar in Amman, Jordan, in December 2003 with the participation of other Arab trade unions of the region.

In February 2004, in Baghdad, they had a meeting with an international delegation of labour unions headed by the ICFTU.

On March 15, 2004 the Federation of Workers' Councils and Unions in Iraq and the Union of the Unemployed in Iraq were received by representatives of the ILO's Bureau of Workers' Activities (ACTRAV) at the ILO headquarters in Geneva. The purpose of the delegation was to inform the ILO Workers' Group of the situation of the labour movement in Iraq and more specifically to inform the ILO that the dispositions of ILO Conventions 87 and 98 are not enforced in Iraq.

This delegation to the ILO's Bureau of Workers' Activities also included representatives from US Labor Against the War (USLAW), the International Confederation of Arab Trade Unions (ICATU), and the International Liaison Committee of Workers and Peoples (ILC). These organisations are participating in the International Campaign Against the Occupation and for Labour Rights in Iraq.

To the question: "What could be done to assure that Iraq -- today -- does not perpetuate the system of official selection and recognition of trade unions that excludes the right to organise in the union of one's own choosing," the answer from the representatives of the ILO's Bureau of Workers' Activities referred to the ILO's mechanisms providing for the possibility for any Iraqi union which considered that ILO Conventions are being violated to lodge a complaint to the ILO Trade Union Freedom Committee.

Further to the advice given by the representatives of the ILO's Bureau of Workers' Activities, the Federation of Workers' Councils and Unions in Iraq and the Union of the Unemployed in Iraq have decided to lodge a complaint to the ILO's Committee on Freedom of Association.

The Federation of Workers' Councils and Unions in Iraq and the Union of the Unemployed in Iraq will meet the ILO Workers Group again on June 11, 2004.

The Federation of Workers' Councils and Unions in Iraq and the Union of the Unemployed in Iraq call upon labour organisations the world over, and particularly on all the Workers Group delegates at the next ILO yearly assembly, to support their complaint to the ILO's Committee on Freedom of Association.

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Complaint to the ILO Committee on Freedom of Association
Lodged by the Union of the Unemployed in Iraq (UUI) and the Federation of Workers' Councils and Unions in Iraq (FWCUI)

(Prepared May 15, 2004 in Baghdad, Submitted May 20, 2004 to the ILO and Registered by the ILO's Freedom of Association Committee as Case No. 23-48 on June 2, 2004)

We, the undersigned duly elected representatives acting on behalf of the Union of the Unemployed in Iraq (UUI) and of the Federation of Workers' Councils and Unions in Iraq (FWCUI), wish hereby to lodge a complaint to the International Labour Organisation's Committee on Freedom of Association.

- Whereas, several trade union organisations were set up by the Iraqi workers themselves after the fall of the previous regime, including the Federation of Workers' Councils and Unions in Iraq (of which the Union of the Unemployed in Iraq is an affiliate);

- Whereas, the Federation of Workers' Councils and Unions in Iraq was set up at its founding national conference held December 8, 2003 in Baghdad with worker delegates representing workplaces from across Iraq;

- Whereas, the Federation of Workers' Councils and Unions in Iraq is now grouping 300,000 Iraqi workers;

- Whereas, the Union of the Unemployed in Iraq was formed in May 2003, when they elected an Executive Council that elected their General Secretary;

- Whereas, the Union of the Unemployed in Iraq now has formed local branches in 7 provinces recording so far 150,000 affiliated workers from around the country;

- Whereas, on January 28, 2004 Decree No 16 issued by Interim Governing Council President Adnan Pachachi granted recognition to one of the existing trade union federations in Iraq, the IFTU, by stating that the IFTU and its President, Mr Rasem Hussein Abdullah, are "the legitimate and legal representatives of the labour movement in Iraq"; and

- Whereas, at various workplaces such as the Baghdad railway station or Basra Refinery, after the adoption of Decree No 16 of January 28, 2004 Iraqi workers were told by the management that they should join the legalised union, thus implying that the other unions would be illegal.

- We therefore consider that the current situation created by the introduction of Decree No 16 is not consistent with ILO standards and more specifically violates dispositions of ILO Conventions 87 and 98.

Regarding ILO Convention 87

- In its Articles 1 & 2, ILO Convention 87 stipulates 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" 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."

Is there not a contradiction between the fact that the public authorities decided that a trade union was the "legitimate and legal representative of the labour movement in Iraq" and the fact 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)

Is it not a violation of Article 1 of ILO Convention 87 when workplace managements instruct the workers on which trade union they should affiliate?

- Article 3 of ILO Convention 87, further stipulates that, "The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof."

Is there not a violation of Article 3 of ILO Convention 87 when the public authorities decree which is the representave union?

We say that by passing Decree No 16 on January 28, 2004, which selects the union to be granted recognition, the public authorities took the right to decide which organisation should be recognised and thus barred the way to the freedom to affiliate to the union of own's own choosing.

It is a clear public interference in violation of ILO Convention 87. It perpetuates the previous system of official selection and recognition of trade unions, excluding the right to organise in the union of one's own choosing.

Regarding ILO Convention 98

- Article 1 of ILO Convention 98, stipulates that, "Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment."

Subsequent to the fact that the shameful law passed by Saddam Hussein in 1987 banning the right to strike in all public enterprises has not been repealed, Iraqi trade unionists have been threatened by company managers and attacked by the occupying forces for striking.

Iraqi workers are now being told by management and the authorities that by not affiliating to the only recognised union they are acting illegally. They can be arrested and sent to jail simply for exercising the right to organise in the union of their own choosing, a right which is enshrined in ILO Conventions.

These threats expressed in violation of the dispositions of ILO Convention 98 are made possible because ILO Convention 87 providing for the right to organise in the union of one's own choosing is not enforced.

- ILO Convention 98 provides for the right to bargain collectively.

It is a violation of ILO Conventions 87 and 98 when, by means of Decree No 16 of January 28, 2004 the authorities take the right to decide which organisations should be recognised and in so doing select which union should be granted the universally recognised right to negotiate.

Iraqi workers, with their duly elected representatives, should be allowed to formulate their demands towards the elaboration of a labour law, which can only be written in Iraq by the Iraqi workers themselves.

Hundreds of thousands of workers in Iraq are currently unemployed (70% of the workforce according to recent survey), and there is widespread fear that their economic well-being has been taken out of their control and in fact depends on the occupying forces. In the current situation, Iraqi workers fear that the decisions made by the occupying forces, particularly in the economic field with privatisation, would continue the plundering of the Iraqi resources by the multinational corporations. It is the people of Iraq themselves who must be in charge of drafting their own Constitution and their own laws, including their own labour law and the dispositions providing for the right to unemployment benefits and full trade union rights provided for by ILO Conventions and more specifically Conventions 87 and 98.

- Whereas, we consider that there can't be democracy in Iraq if the people of Iraq cannot decide themselves the disposition of their resources, their fate and their future -- and establish their own control over their own economy; if the Iraqi workers are not free to set up the organisations of their own choosing.

- Whereas, we share the views expressed by the ILO's Workers Group that,

"The rehabilitation exercise and support must be provided for all the people of Iraq, especially the poor, the disabled, and vulnerable groups. The Group calls for the immediate resumption of work for all Iraqi workers, with due protection for their wages. It also demands that the oil resources of Iraq be used solely by the people of Iraq and exclusively for their benefit.

"In the new Iraq, there must be, consistent with ILO standards, full freedom of association, guaranteeing the Iraqi workers the right to organise 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."

We, the undersigned duly elected representatives acting on behalf of the Unemployed in Iraq (UUI) and of the Federation of Workers Councils and Unions in Iraq (FWCUI), affiliating 300,000 Iraqi workers, hereby lodge a complaint to the International Labour Organisation's Committee on Freedom of Association requesting that the ILO use all its authority and its prerogatives so as to ensure that ILO Convention 87 and ILO Convention 98 are fully enforced in Iraq and subsequently that full recognition be granted to the trade union organisations that were set up by the Iraqi workers themselves.

Baghdad - May 15, 2004

Signed:
Falah Alwan Hussain
President,
Federation of Workers' Councils and Unions in Iraq (FWCUI)

Qasim Hadi
General Secretary,
Union of the Unemployed in Iraq (UUI)

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EUROPE

We Call for United Action Against the "European Constitution"

The project of the European Constitution is contradictory to democracy. It aims to make impossible all social policies in our countries.

Year after year in all countries the policies promoted by the European Union in application of the treaties, in particular that of the Maastricht Treaty, through directives and policies dictated by the European Commission, have led to an increasing destruction of our social rights, our public services and even of our democratic rights.

From measures against the unemployed to threats on the end of careers, to the assault on Social security and the danger of privatization of all public services, what one calls the "Social State" or "Welfare State" is under assault everywhere under the directives of the European Union -- in countries that are already members of the European Union as well as in those that just joined the EU on May 1, 2004.

The same applies to other European countries that are not members of the European Union, whether or not they are candidates to join the European Union. They too are witnessing their social guarantees, even the most modest ones, threatened with destruction either because all governments support the policies of liberalization driven by the European Union to impose it in their countries as for example one can observe in Russia with the reversal of rights pertaining to public housing.

With the growth of the European Union, one sees an acceleration of the policy of social destruction. This can be illustrated by the example of the Bolkenstein project relative to services in the internal market that would allow a service company to avoid all norms and regulations in the countries where it would be set up. We see everywhere the establishment of a deliberate policy of setting workers in competition with each other throughout Europe with the aim of destroying employment, social conquests, public services to the disadvantage of all workers who live in the "old" or the "new" countries affiliated with the European Union.

The European Constitution that the European Union wants to adopt constitutes an additional threat to our rights, our democratic liberties and the sovereignty of nations

A few examples among many others:

The European Constitution would oppose the suspension of anti-social treaties already in existence (for example, Maastricht) since it includes these policies in Chapter III.

"The constitutional text literally erases the notion of public service from the European jurisprudence. This notion, which is dear to us, is replaced by the new expression "services of general interest" The draft not only changes the name of public services but also attacks their structure. The attacks are two-pronged: 1) The treaty makes competition an absolute principle: it excludes all monopoly, however the profitability of a lot of public services is based on the establishment of a monopoly; 2) The treaty forbids State aid, which by its very nature is opposed to competition. This double attack literally strangles public services (Interview with Jean-Maurice Dehousse, European deputy of the Socialist Party of Belgium who voted against the draft of the European Constitution)

The European Constitution which the European Union wants to adopt constitutes a supplementary threat to our rights and our democratic liberties. It would subordinate existing national institutions to the European Union and its institutions. Democracy and popular sovereignty would again be questioned.

With the growth of the European Union we see an increase in de-industrialization (mines, shipyards, steel industry, car manufacture, transportation industries) that affects workers of all nations, those that belong to the Union since its inception as well as those that have just become members of it.

In several European countries mobilization has begun against the Bolkenstein guideline that threatens public services. We share the opinion of the European socialist, deputy Jean-Maurice Dehousse who states, "What we have done with the Bolkenstein directive up to the present has had the effect of making a 'difficult file' of it. These are the official processes that recognize it. It is necessary to continue the fight, and extend it to the draft of the constitutional treaty since what is the point of crushing an egg if the machine that lays it remains intact."

If the European Constitution is adopted
It would oppose the attainment of social policies

Should this Constitution be ratified by the 25 countries of the European Union it would give a "constitutional" character to all treaties existing that are the source of social destruction policies that oppose workers, the social beneficiaries and their unions.

The European Constitution could only be modified by the unanimous approval of the member states and would impose only one policy: the one of a highly "competitive market economy" in the name of which all "social States" would be dismantled, all social conquests sacrificed. Democracy would be placed on the chopping block since the proposed Constitution would prevent all political choices and all social policies.

If this "constitutional treaty" is adopted by the next European summit, it will constitute an immediate threat to social rights and for union organizations whose existence is tied to the existence of these rights.

We estimate that the adoption of the "constitutional treaty" by the European summit will immediately place on the agenda the mobilization against this proposed "constitution" in all Europe, against the ratification of this "constitution" by all member nations of the European Union.

This "constitutional treaty" is an instrument for profit of employers and multinationals, against labor rights, aggravating in a qualitative manner what is already contained in the Treaty of Maastricht and the European directives. It is why the largest unity of all labor organizations, both union and political, of all Europe is necessary to combat and prevent its adoption.

What is at stake is historic. What are at stake are all the conquests that allow the working class to live and ensure the future of their children. What is at stake is democracy.

We appeal for the development of a strong campaign by workers and their organizations to explain the content of this destructive project in order to start the fight to say "NO" to the European Constitution.

Appeal countersigned at the European Meeting of June 12, 2004 in Geneva

Later, we will publish the list of signatories 

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