Open
World Conference of Workers
In Defense of Trade Union Independence & Democratic Rights
REPORT ON THE DELEGATION TO THE ILO
OFFICE IN GENEVA
(March 15, 2004)
"Just
as we did during the rule of Saddam Hussein, we are prepared to
demonstrate in the streets at the time of the ILO Annuay Assembly if the
situation
does not change," said Aso Jabbar at the ILO headquarters in Geneva
to his
compatriot Falah Alwan (right) and to U.S. trade unionist Gene Bruskin
(center).
(reprinted from the March16 issue of Le Journal de Geneve,
Switzerland)
PRESENTATION
Dear Sister and Brother Trade
Unionists Around the World:
On March 15, 2004, an international delegation of representatives from US
Labor Against the War (USLAW), the International Confederation of Arab
Trade Unions (ICATU), the International Liaison Committee of Workers and
Peoples (ILC), the Federation of Workers Committees and Trade Unions in
Iraq (FWCUI), and the Unemployed Union in Iraq (UUI) went to the
International Labour Organisation (ILO) office in Geneva.
All these organisations are participating in the International Campaign
Against the Occupation and for Labour Rights in Iraq.
The delegation was composed of Gene Bruskin, co-convenor, US Labor Against
War (USA); Daniel Gluckstein, Coordinator, International Liaison Committee
of Workers and Peoples (ILC); Falah Alawn, President, Federation of
Workers Councils and Trade Unions in Iraq (FWCUI); Khadije El Husaini,
International Confederation of Arab Trade Unions (ICATU); Aso Jabbar,
Union of Unemployed in Iraq (UUI); Olivier Doriane, International Liaison
Committee (ILC), France; Jean-Pierre Barrois, Member of the delegation
that went to Iraq in October 2003, (France); Max Robert, Hosting committee
for the conferences in defence of ILO conventions (Switzerland).
They went to the ILO office, where they delivered a Memorandum with
adjoined documents. After this meeting, they adopted an international
appeal which they submit along with the Memorandum to the whole of the
international labour movement.
********************
MEMORANDUM
submitted by the delegation of the International Campaign
Against the Occupation and for Labour Rights in Iraq
to the International Labour Organisation (ILO) on March 15, 2004
The delegation that presents this memorandum to the Workers Group of
the International Labour Organisation (ILO) represents the
"International Campaign Against the Occupation and for Labor Rights
in Iraq."
This campaign was launched at an international meeting in defence of ILO
conventions, in June 2003, 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).
We have been opposed to the war and remain opposed to the war and to the
U.S.-led occupation of Iraq. On behalf of democracy, we decided last June
to launch a global campaign for the recognition of labour rights in Iraq.
This is the purpose of the memorandum we are presenting to the ILO today,
March 15, 2004.
* Considering that the reconstruction of Iraq and the introduction of
democratic self-rule will only succeed if the Iraqi people themselves
exercise their sovereignty to develop the reconstruction process as they
see fit;
* Considering that this is especially true with regard to Iraq's workers,
most of whom are currently unemployed and who fear that their economic
well-being has been taken out of their control and in fact depends on the
occupying forces;
* Considering that 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;
* Considering that the Iraqi workers fear that the decisions made by the
occupying forces, particularly in the economic field with the
privatisation, would continue the plundering of the Iraqi resources by the
multinational corporations;
* Considering that it is the Iraqi workers with their duly elected
representatives who should formulate their demands towards the elaboration
of a labour law, which can only be written in Iraq by the Iraqi workers
themselves;
* Considering that at the last annual ILO assembly, in June 2003, the ILO
Workers Group adopted a statement which says :
"The Workers Group believes that in the rehabilitation exercise,
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."
* Considering that none of the demands of the Workers Group expressed in
June 2003 have been fulfilled;
* Considering that the Conventions of the ILO and more specifically
Conventions 87 and 98 providing for the right to organise and join the
union of one's own choosing, the right to bargain collectively, have been
ignored and therefore should be enforced for all the workers in Iraq as
well as all over the world;
* Considering that it is in the interest of the workers all over the world
and the workers in Iraq to exert mutual solidarity;
* Considering that the war and occupation of Iraq have resulted in
extremely hazardous working conditions in Iraq and the widespread
violation of internationally recognised Convention 138 against child
labour;
We present a series of documents containing:
- The documents that were collected by the international independent
delegation which travelled in occupied Iraq in October 2003. These
documents were collected by the international delegation and circulated to
the international labour movement -- in particular in the United States,
where they were presented at a national assembly organised by USLAW in
October 2003 and also at the AFL-CIO headquarters in February 2004.
- The documents of the Union of the Unemployed in Iraq (UUI) and of the
Federation of Workers Councils and Trade Unions in Iraq (FWCUI). These
documents were presented to the regional representative of the ILO in
Beirut.
We also present the Draft Labour Law proposed by the Federation of Workers
Councils and Trade Unions in Iraq (FWCUI), as well as the report "The
corporate invasion of Iraq", which was compiled by USLAW and which
gives evidence that the multinational corporations operating in Iraq
violate labour rights as they violate other laws in the United States.
Other documents which may have been collected by and which may be in the
possession of the ILO are also part of the documents we have submitted.
All these documents reveal the dreadful living conditions of the Iraqi
workers and establish that more than 70% of the workforce are unemployed.
These documents give evidence that today the right to strike, the right to
affiliate to the union of one's own choosing, the right to negotiate and
the right to bargain collectively do not exist in Iraq.
These documents give evidence that organisations that were set up by the
Iraqi workers themselves are not recognised and that Iraqi workers have
been threatened and attacked for striking.
They give evidence that the shameful law passed by Saddam Hussein in 1987
banning the right to strike in all public enterprises has not been
repealed.
The facts clearly establish that ILO conventions 87 and 98 are not
respected: On January 27th, 2004, the occupying authorities decided to
give full recognition to one union federation with the Public order N°3,
therefore declaring or implying that the others are illegal.
We are asking the five following questions:
* Is it not a violation of Articles 1 & 2 of ILO Convention 87, which
stipulate respectively that "workers and employees without any
distinction have the right without prior authorisation to set up
organisations of their own choosing as well as the right to join these
organisations" (Article1) and "workers and employees
organisations have a right to elaborate their rule book and to elect
freely their representatives" (Article 2)?
* Is it not a violation of Article 3 of Convention 87, which stipulates
that, "public authorities must abstain from any interference, any act
restricting those rights or at preventing the legal exercise of these
rights"?
* Is it not a violation of Article 1 of Convention 98, which stipulates
that, "The organisations of workers and employees must be adequately
protected against any mutual interference when for instance company
managers threaten to dismiss workers for joining unions which are
considered illegal"?
* Is it not a violation 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 violation of ILO Convention 98 when the authorities take the
right to decide which organisations should be recognised and so doing
choose who should be negotiating?
Being informed that the Ministry of Labour in Iraq signed a
"cooperative agreement" with the ILO, we request that these
documents be made public.
We are addressing the International Labour Office and its Workers Group a
demand formulated by the Iraqi workers and their trade unions in line with
the demands of the international labour movement requesting that the ILO
conduct a full investigation of the violations of ILO Conventions 87 and
98 and the situation of the workers of Iraq so that the full and
documented report establishing all the facts be presented to the delegates
at the next yearly assembly of the ILO in June 2004.
We request that the ILO use all its authority and its prerogatives so as
to ensure that ILO Convention 87 and Convention 98 are fully enforced in
Iraq.
It is our intention to respect the prerogatives of all workers'
organisations in Iraq and all over the world and to support the rights of
workers in Iraq. We are not in competition with any organisation; the aim
of our campaign, in full respect of the prerogatives of each organisation,
is to provide a contribution to the struggle for workers' rights in Iraq,
which are part and parcel of democracy.
The delegation:
- Gene BRUSKIN, co-convenor, US Labor Against War (USA)
- Daniel GLUCKSTEIN, International coordinator of the International
Liaison Committee of Workers and Peoples
- Falah ALWAN, President of the Federation of Workers Councils and Trade
Unions in Iraq (FWCUI)
- Khadije EL HUSAINI, International Confederation of Arab Trade Unions
(ICATU)
- Aso JABBAR, Union of Unemployed in Iraq (UUI)
- Olivier DORIANE, International Liaison Committee (ILC), France
Jean-Pierre BARROIS, Member of the delegation that went to Iraq in October
2003, (France)
- Luis BLANCO, Trade union officer of the Federation of Steelworkers
(FTMH) (Switzerland)
- Luc DELEY, Hosting committee for the Conferences in Defence of ILO
conventions (Switzerland)
Max ROBERT, Hosting committee for the conferences in defence of ILO
conventions (Switzerland)
I endorse publicly this Memorandum
[ ] In my own capacity
[ ] In the name of my organisation
Name:
Address
City
State
Country
E- Mail
Telephone/Fax
Organisation:
Capacity:
[Your financial assistance is requested to help defray the outstanding
expenses of the international labor delegation to Iraq. Please make your
cheques in Euros payable to "CMO" and send them to Entente
International des Travailleurs, 87, Rue du Faubourg St. Denis, Paris
75010, France. All cheques in U.S. dollars should be made payable to
"OWC" and sent to OWC, c/o San Francisco Labor Council, 1188
Franklin St. #203, San Francisco, CA 94109.]
**********************
APPEAL from the Delegation
Today, March 15, 2004, an international delegation was received by the
ILO in Geneva, on the eve of the commemoration of the first bombings of
Iraq, which took place on March 20, 2003.
We call upon all the workers, all the organisations that opposed the war:
We call upon all those who are going to participate in the demonstrations
of March 20, 2004, against the occupation of Iraq, against war:
On March 15, we went to the ILO offices in Geneva to assert again our
total opposition to the war and occupation of Iraq, which are organised
under U.S. aegis. We asserted our commitment to the defence of nations'
and people's independence and sovereignty. We asserted our rejection of
the war and military occupations, which are putting in jeopardy the unity
and sovereignty of nations all over the world. We reject the big powers'
"broad regions framework" forced upon people to destroy the
unity and sovereignty of nations.
We have come to emphasise the need for the international labour movement
to take up the fight against the illegal and immoral occupation of Iraq.
Again we say what we have been constantly saying since we launched our
common campaign nine months ago: 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.
Our delegation was composed of Gene BRUSKIN, co-convenor, US Labor Against
War (USA); Daniel GLUCKSTEIN, International coordinator of the
International Liaison Committee of Workers and Peoples (ILC); Falah ALWAN,
President of the Federation of Workers Councils and Trade Unions in Iraq
(FWCUI); Khadije EL HUSAINI, International Confederation of Arab Trade
Unions (ICATU); Aso JABBAR, Union of Unemployed in Iraq (UUI); Olivier
DORIANE, International Liaison Committee (ILC), France; Jean-Pierre
BARROIS, Member of the delegation that went to Iraq in October 2003,
(France); Max ROBERT, Hosting committee for the conferences in defence of
ILO conventions (Switzerland).
The delegation delivered a memorandum to the ILO. After waging a campaign
in over 70 countries, we asked to be received by Mr. Juan Somavia,
director general of the ILO. We met Mr. Ahmed KHALEF and Mr. Luc DESMARET,
members of the activity bureau for the workers linked to the ILO Workers
Group. After they explained that they were receiving us in their personal
capacity, the delegation submitted its memorandum and a debate that
concerns the whole labour movement then began.
- To the question: "Could we expect a response from the Workers'
Group?", the answer was: "We cannot assure you that you will get
a response but as you referred to the Workers' Group statement, it can be
logically expected."
- To the question about the involvement of the ILO into the ongoing
process in Iraq, we were told: "As far as we know, the United Nations
has been taken out of the process, so has the ILO, which is a subsidiary
of the ILO".
- To the question about the existence of a document co-signed by the ILO
and the Iraqi Ministry for Labour, the answer was: "We are not aware
of such a document but if it does exist, you will be given a copy".
- To the question about the re-admission of Iraq in the ILO to take place
next June, as announced by Mr. Paul Bremer's technical adviser, the answer
was : "We are not aware of such a plan".
- To the question: "What could be done to prevent that Iraq -- today
-- perpetuates the system of official selection and recognition of trade
unions, excluding the right to organise in the union of one's own
choosing" , the answer 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 .
We call upon labour organisations the world over: Can a labour
organisation accept that Iraqi workers be excluded from the benefit of
universally acknowledged ILO Conventions?
Can a labour organisation accept that after a so-called "war for
democracy" -- organised in fact on the basis of State lies concerning
the alleged existence of weapons of mass destruction -- all the measures
taken by the former regime against workers and their trade unions are
perpetuated and enforced by the occupation authorities?
Is it possible to talk about sovereignty when the American commander in
chief of ground forces in Iraq, Ricardo Sanchez, announces publicly that
the coalition forces will stay in Iraq for at least one more year?
We call upon labour organisations the world over and ask them to join our
campaign for labour rights in Iraq. We call them to circulate as widely as
possible our Memorandum, especially on the occasion of the March 20
initiatives and to endorse it. We call upon all to circulate it widely in
their own trade unions, in their factories, among workers.
We call upon labour organisations the world over to sponsor the new
delegation proposed by the trade union coalition against war in the United
States, USLAW, which plans to go to Iraq on May 1st.
Considering that in the next annual assembly of the ILO, the Iraqi issue
should be discussed, we call all the worker delegates at the ILO assembly
to support our Memorandum, and to intervene to obtain answers.
We will present in the name of our organisations a report on the campaign
for labour rights in Iraq to the 13th Conference for the defence of ILO
Conventions (Sunday 13th, June 2004) called by the International Liaison
Committee of Workers and Peoples.
We call on all the international labour movement to develop the struggle
against the occupation, to wage the struggle so that the Iraqi workers can
set up the unions of their own choosing.
Our initiative is not opposing or challenging any other initiative. We are
not in competition with any organisation; the aim of our campaign, in full
respect of the prerogatives of each organisation, is to provide a
contribution to the struggle for workers' rights in Iraq, which are part
and parcel of democracy.