Definitive Report - Report No 368, June 2013

1. 584. The Committee has already examined the substance of this case on two occasions, most recently at its March 2012 meeting, when it presented an interim report to the Governing Body [363rd Report, paras 695–705, approved by the Governing Body at its 313th Session (March 2012)].
2. 585. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of this case. At its March 2013 meeting [see 367th Report, para. 5], the Committee launched an urgent appeal and drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of this case even if the observations or information from the Government have not been received in due time. To date, the Government has not sent any information.
3. 586. The Iraqi Federation of Industries submitted additional information in a communication dated 8 January 2013.
4. 587. 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).

Background

A. Previous examination of the case

1. 588. At its March 2012 meeting, the Committee made the following recommendations [see 363rd Report, para. 705]:
   • (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.

B. Additional information from the complainants

1. 589. In a communication dated 8 January 2013, the President of the Iraqi Federation of Industries, Mr Hussein Ali Ahmed Zenka, indicates that the Federation’s elections were held in December 2012 under the supervision of five judges nominated by the Supreme Judiciary Council. It adds that the Ministerial Committee, which supervises the elections under the presidency of the Minister of Labour and Social Affairs, validated the legitimacy of the elections and lifted the confiscation order on the funds and property of the Iraqi Federation of Industries (Decree No. 8750). It indicates that the decision on the legitimacy of the elections was circulated to all ministries, Government institutions, governorates and councils, as well as to the Office of the President of the Republic. It concludes that the Federation has resumed its independence.

C. The Committee’s conclusions

1. 590. The Committee regrets that, despite the time that has elapsed since the last examination of the case and given the seriousness of the alleged acts (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), the Government has not provided the information requested, despite being invited to do so, including by means of an urgent appeal. The Committee urges the Government to be more cooperative in the future.
2. 591. Under these circumstances and in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information which it had hoped to receive from the Government.
3. 592. The Committee recalls that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them.
4. 593. The Committee notes that, in a communication dated 8 January 2013, the President of the Iraqi Federation of Industries, Mr Hussein Ali Ahmed Zenka, indicates that the Federation’s elections were held in December 2012 under the supervision of five judges nominated by the Supreme Judiciary Council. It adds that the Ministerial Committee, which supervises the elections under the presidency of the Minister of Labour and Social Affairs, validated the legitimacy of the elections and lifted the confiscation order on the funds and property of the Iraqi Federation of Industries (Decree No. 8750). Noting that the Federation concludes that it has resumed its independence, the Committee considers that this case does not call for further examination.