Rapport définitif - Rapport No. 147, 1975

Cas no 668 (Jordanie) - Date de la plainte: 21-MAI -71 - Clos

42. Case No. 668 was last examined by the Committee at its session in November 1972 when it presented to the Governing Body an interim report contained in paragraphs 281-299 of the 133rd Report of the Committee, which was approved by the Governing Body at its 188th Session (November 1972). Case No. 730 (which concerned a complaint submitted by the World Federation of Trade Unions) was last examined by the Committee at its session in May 1973 when it presented to the Governing Body an interim report, contained in paragraphs 131-138 of the 137th Report of the Committee, which was approved by the Governing Body at its 190th session (May-June 1973).

1. 42. Case No. 668 was last examined by the Committee at its session in November 1972 when it presented to the Governing Body an interim report contained in paragraphs 281-299 of the 133rd Report of the Committee, which was approved by the Governing Body at its 188th Session (November 1972). Case No. 730 (which concerned a complaint submitted by the World Federation of Trade Unions) was last examined by the Committee at its session in May 1973 when it presented to the Governing Body an interim report, contained in paragraphs 131-138 of the 137th Report of the Committee, which was approved by the Governing Body at its 190th session (May-June 1973).
2. 43. At its 67th meeting (May 1974), the Committee adjourned its examination of both these cases with respect to which it had decided (see 142nd Report, paragraph 11)1, by virtue of the direct contact procedure and at the suggestion of the Government, to request the Director-General to designate a representative to go to Jordan to investigate the facts relating to the complaints and inform the Committee of the outcome of his mission. The Committee noted that the Director-General designated Mr. A. Mavrommatis, former Minister of Labour of Cyprus and member of the. Fact-Finding and Conciliation Commission on Freedom of Association, who, accompanied by an official of the International Labour Office, carried out his mission between 29 April and 5 May 1974 and submitted a report thereon to the Director-General. The Committee has examined the report of the Director-General's representative and has found most useful the factual information obtained on the spot when examining the allegation. The Committee has noted, in particular, the statement in the report according to which Mr. Mavrommatis was given every opportunity to meet the persons he wished to interview, without prior authorisation and without the presence of witnesses.
3. 44. Jordan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Dissolution of Trade Unions or their Executive Committees, and Other Acts of Interference by the Government in the Trade Union Movement
  45. 45 The Committee had received contradictory information concerning the alleged dissolution by the authorities of the General Federation of Trade Unions, the Government having stated that a new executive had been appointed to the Federation by the authorities since the members of the executive had resigned following an internal dispute. An allegation had also been made that the Union of Workers and Employees of the Zarka Petrol Refinery had been dissolved and its Secretary dismissed, and that the Union of workers in the Petrol and Chemical Industries had been set up by the authorities in this connection, the Committee requested the Government to supply copies of the ministerial decision issued in accordance with Law No. 16 of 1970, by virtue of which the amalgamation of trade unions of a similar type had been ordered.
  46. 46 In a communication dated 22 March 1972, the General Federation of Jordanian Trade Unions (Damascus) had referred to the dissolution, in October 1971, of the Executive Committee of the Federation of Jordanian Trade Unions and its replacement by a Committee appointed under martial law. The Federation had also stated that, on 5 January 1972, all workers' unions were dissolved and the Minister of Labour had proceeded to amend the Constitution of the Federation as well as the Constitutions of all other unions. Administrative Committees were also appointed by the Minister.
  47. 47 The Trade Unions International of Chemical, Oil and Allied workers, in a communication dated 10 April 1972, transmitted a copy of a memorandum addressed to it by 16 Jordanian trade unions protesting against the interference of the Jordanian authorities in trade union matters. It also transmitted a copy of a resolution adopted by the General Council of the International Confederation of Arab Trade Unions between 17 and 19 January 1972, condemning the Jordanian authorities and refusing to recognise the official Jordanian trade union delegation.
  48. 48 In its observations, dated 14 June 1972, the Government had replied to these allegations, giving a general account of the events which led up to the appointment of an interim executive Committee of the General Federation of Jordanian Trade Unions in October 1971. The Committee observed, however that the Government had not supplied the information requested from it concerning the dissolution of the Union of Workers and Employees of the Zarka Petrol Refinery, the establishment of the Union of Workers in the Petrol and Chemical industries and the appointment of its executive. Further, the Government had not supplied, as it had been requested to do, copies of the ministerial decision issued under Law No. 16 of 1970, which, according to the complainants, had ordered the amalgamation of unions of a similar type. Nor had the Government supplied information concerning the dissolution on 5 January 1972 of all workers' unions and the appointment by the authorities of executive Committees to newly established unions.
  49. 49 In connection with the compulsory amalgamation of trade unions of a similar type, the Committee had noted that, in November 1971, the Government adopted a new Labour Act (Temporary Act No. 67), section 214 of which prescribed that not more than one general trade union may be formed for a given occupation or for occupations that are similar, related or associated in a single branch of production. Section 257 of the same law provided that federations shall be free to set up a common general federation, and section 258 that a request for the creation of a general federation shall be submitted to the Minister who may approve or reject the application. Section 277 provided that unions which fail to bring their activities into line with the Act shall be wound up and their assets made over to the ministry.
  50. 50 In view of these as well as other allegations and replies, the representative of the Director-General states in his report that:
• "It seemed important to me first of all to obtain a clear picture of the developments which took place in the General Federation of Trade Unions from the middle of 1970 until April 1972: this period covers the election of the Executive Committee of the General Federation in July 1970, the appointment of an interim Executive Committee in October 1971, and the election of a new Executive Committee in April 1972.
• "The members of the Committee elected on 30 July 1970 were the following: Jafar El-Ashab, Jamal Kokash, Ahmed Mamo, Fayez El-Tanbour, Ahmad El-Hadidi, Abdel Razzak Mohd Said, Fathi El-Naji, Mohammed Jad Allah, Sami Hassan Mansour, Aouni Jamil and Mohammed Jawhar. Apparently they were all elected on the Labour and National Liberation (Al Fatah) ticket. Their unsuccessful opponents were on the Progressive (more extremist) ticket. Soon after their election, however, a number of difficulties arose disrupting the work of the Committee. These difficulties seemed to have been largely due to Fedayin influence. Late in 1970 two members left the country, namely, Fathi El-Naji and Mohammed Jad Allah, who established themselves in Damascus, where they claimed to represent the Federation. These two persons (who were later joined by Aoumi Jamil Abd Allah) are the signatories of the complaints received by the ILO on behalf of the Federation; they were excluded from the Executive Committee in February 1971 and replaced by two substitute members.
• "Considerable disagreement continued to exist between the members of the Executive Committee and the General Secretary tendered his resignation twice, in February and July 1971. On 12 September 1971 five members of the Committee resigned; one member had already resigned in August and a further member gave in his resignation in September. In these circumstances the General Secretary thought that according to the rules of the Federation he had a right to call on the substitute members to sit on the Committee. Section 29(a) of the rules reads as follows: "the Executive Committee shall call on the candidate who had the next best showing in the last Committee elections; the new member of the Committee shall complete his predecessors term of office". This interpretation of the rules was contested by the substitute members, who considered that they ought to be called on by the remaining members of the Executive Committee and not by its General Secretary alone. They also proposed an alternative solution, namely the discussion of the collective resignations within the General Council of the Federation. However, an insoluble situation arose at this juncture, since the Council could only meet at the request of the Executive Committee (which could not function because of lack of a quorum) or of ten members of the Council (but most of these members had had their voting rights suspended because the unions to which they belonged had failed to pay their contributions to the Federation). In view of these circumstances, the General Secretary and other members of the Executive Committee resigned, and the whole matter was submitted by the Minister of Social Affairs and Labour to the Commission for Economic Security. This Commission recommended that the Minister should appoint an interim Executive Committee to manage the affairs of the Federation and that the General Council should meet within two months for the election of a new Executive Committee.
• "No clear explanations could be obtained for the reasons underlying the successive resignations in the Executive Committee of the Federation. Generally the trade union leaders referred to these events, indicating that the dissension resulting from political differences between the members of the Committee rendered a working relationship impossible. Apparently, this heterogeneous group brought together hastily for the purpose of the election started breaking up soon after the election had taken place.
  5. "On 5 October 1971 the Minister issued a Decree appointing an interim Executive Committee, composed of two representatives of his Ministry (the Director and the Assistant Director of the Department of Labour) and the following trade unionists: Abdel Ruhman El-Nasr, Mousa Kwaider, Farouk Makhlouf, Lufti El-Hlou, Salim Jadoun, Shahar El Majali, Jamal Kokash, Sami Hassan Mansour and Mahmoud Sbeiha.
• "This interim Committee designated a finance Committee for the purpose of clarifying the financial situation of the Federation. I was given a copy of the report produced by this Committee, which contains detailed criticism of the financial practices within the organisation. The Committee observed that the treasurers had been negligent, certain questions having remained outstanding for many years. Loans and mission expenses had been granted without requiring repayment, and the treasurers themselves had taken moneys which had not been refunded. According to the records, Fathi El-Naji and Mohammed Jad Allah (the two trade unionists who had left for Damascus) had received several thousands of dinars for workers on the West Bank, but the Committee doubted whether such payments had really been made. Fathi El-Naji had also received 5,000 dollars from an international organisation, and the Committee recommended that legal proceedings should be taken against him. On the basis of this information the interim Executive Committee sent Aouni Jamil Abd Allah to Damascus, to retrieve the funds entrusted to Fathi El-Naji and Mohammed Jad Allah but he failed to return from his mission.
• "Steps were also taken by the Minister of Social Affairs and Labour for the preparation of new elections within the General Council of the Federation. A commission was established which inspected the records of each trade union in order to determine the exact number of its membership and, on this basis, the number of representatives which a union was entitled to send to the General Council. It will be recalled that the elections should have taken place within two months of the appointment of the interim Executive Committee. However there was a first delay in the elections when the Minister announced that they would take place before 27 December 1971. A second delay occurred when the Minister cancelled this decision and postponed the elections until such time as most trade unions had held new elections. Many trade unions had already elected their executive Committees in the latter few weeks. They had to proceed with a second election and this time all unions were requested to submit their lists of candidates to the Ministry of Social Affairs and Labour, so that the latter could make sure that the persons concerned fulfilled the conditions of eligibility established in section 234 of the Labour Act (Temporary Act No. 67):
  1. (1) The candidate shall be at least 23 years of age;
  2. (2) he shall have been active in the occupation or trade, or have been a member of a trade union for five years running;
  3. (3) he shall have a clean criminal record;
  4. (4) he shall meet the conditions set forth in the union's rules.
• "The Minister also issued instructions to the interim Executive Committee for the amendment of the internal rules of the Federation. As a result of these amendments, proportional representation of individual trade unions on the General Council of the Federation was subjected to certain changes and the Inland Transport Workers' Union, for example, increased its number of seats from 6 to 12.
• "Both the screening of trade union candidates for the elections and the amendments to the rules of the Federation imposed were the subject of complaints to the Committee on Freedom of Association. These measures were also criticised by many of the trade union leaders whom I interviewed during the mission. They considered that the Inland Transport Workers' Onion was given an excessive representation on the General Council of the Federation, which was not proportional to its actual membership. They also explained, however, that the number of seats of this union on the Council had later been reduced to eight, which is now considered to be a fair representation. Allegedly, the reason for being able to increase its representation was the support given to the Government at a particularly difficult time.
• "Many examples were given in the complaints of trade unionists who were removed by the authorities from the lists of candidates for not complying with section 234 of the Labour Act and allegedly also for reasons which had no connection with the requirements laid down in that provision. I discussed this matter on several occasions with government representatives and trade union leaders, some of them having been struck off as candidates in the 1972 elections. The situation apparently was as follows: a number of candidates were rejected by the Minister of Social Affairs and Labour because they did not fulfil one or the other of the conditions established in the Labour Act. In the case of the Inland Transport Workers' Union, which had been mentioned in a complaint as an example of an organisation where a substantial number of candidates had been removed, the union itself had reported the position of the persons in question to the Ministry. I checked this position with one of the leaders of the union and was told that many of them had not been members of this union for the last five years, were not wage earners but owners of one or more cars, or not members in good standing with the union (not having paid up their contributions). In the case of other trade unionists, the Minister of Social Affairs and Labour informed them that their candidature had been objected to by the Ministry of the Interior, without further explanations. Some of the persons concerned then discussed the matter at the Ministry of the Interior and the decision taken against them was later withdrawn. On other occasions the affected trade unionists did not pursue the matter further and thus they could not stand for election. It would seem that these reasons were mainly of a political nature, i.e. active participation in the Fedayin movement.
  2. "On 28 March 1972 the General Secretary of the interim Executive Committee submitted his resignation. In a long letter addressed to the Minister of Social Affairs and Labour he stated the reasons for his departure which included, in particular, the postponement of the elections, the favourable treatment given to the Inland Transport Workers' Union and the removal of candidates for reasons unconnected with the eligibility requirements of the law.
• "Finally, once all the trade unions had held their elections, the General Council of the Federation was re-established with the representatives of the individual unions, and on 20 April 1972 the new Executive Committee of the Federation was elected. The Committee was composed of the following members: Hatim Judan, Khalid Shreem, Sulieman El-Shibi, Khalid El-Saleh, Salim Jadoun, Abdel Razzak, Moh's Said, Shaher El Majali, Abed Salim Kuntar, Sami Rafik El-Bast, Mohammed Hussein Kassem, Mahmoud Sbeiha, Waleed El-Khayyat and Jawdat Othman."
  51. 51 In the complaints submitted to the Committee on Freedom of Association it is also alleged that three members of this Committee, namely Sami Rafik El-Bast, Mohammed Hussein Kassem and Waleed El-Khayyat, were forced to resign by the authorities in the second half of 1972. The representative of the Director-General states in his report that he inquired about this allegation and was informed by some trade unionists that they had resigned voluntarily, in particular because they were unable to collaborate with the other members of the Committee.
  52. 52 With regard to the allegations concerning the dissolution of the Trade Union of Workers and Employees of the Zarka Oil Refinery in October 1971, the dismissal of its General Secretary, Mahmoud Sbeiha, the establishment of a new union, the oil and Chemical Workers' Union, and the allegation that Jamal Alnajdawi, General Secretary of the Refinery Workers' Union had been dismissed from his union post in 1972, the observations of the Government had never been very explicit.
  53. 53 In connection with these matters the representative of the Director-General makes the following comments in his report:
• "The developments which have taken place in this connection can be summarised as follows. Two trade unions existed originally in the oil and chemical sector: one in the Zarka Oil Refinery, and the other one, called the General Union of Petroleum and Chemical Workers, in Amman. In October 1971, following a decision taken by the Ministry of Social Affairs and Labour in accordance with Labour Law No. 16 of 1970, these two unions amalgamated into one organisation called the Oil and Chemical Workers Union. Section 20 of this Act (which amended section 84 of Labour Law No. 21 of 1960), provided that the Minister (after consulting the General Federation) should issue a decree enumerating the occupations and industries in which workers should be entitled to organise; existing trade unions should, within three months of the date of issue of this decree, ensure compliance with the provisions thereof. In practice, the two original unions have become branches of the new organisation. Each branch is financially independent and has its own executive Committee. Both executive Committees elect the General Council of the amalgamated Union, which in turn elects the Executive Committee of the Union.
• "Mahmoud Sbeiha, who was the President of the Zarka Refinery Union, stood as candidate for the post of General Secretary of the new Oil and Chemical Workers Union, but was defeated. He accepted the defeat and congratulated the winner. By virtue of a special arrangement with the Amman branch of the Union, he became a member of the Executive Committee of the branch and also a member of the General Council of the Union. As such he was elected to the Executive Committee of the Union and ultimately to the Executive Committee of the General Federation (April 1972). He has recently retired from trade union activity and set up a business of his own.
• "As regards Jamal Alnajdawi, he was not dismissed from his union position, but lost the elections in 1972. Eventually he again became General Secretary of the Zarka branch and at the time of the mission he was candidate for the post of General Secretary of the Oil and Chemical Workers Union."
  54. 54 As regards the present situation prevailing in Jordan, the representative of the Director-General has the following remarks to make in his report:
• "There has been a considerable change in the trade union situation since the time referred to in most of the complaints. The political circumstances are different and this reflects the relationship between the Government and the trade unions. Many trade union leaders seemed to be on good terms with the Government, and even those who were manifestly opposed to the authorities could exercise their trade union functions without impediment, as long as they did not engage in political activities which the Government considered dangerous to its own security. ...
• "Most of the leaders of the General Federation seemed fairly satisfied with the present situation within this organisation. Elections had taken place recently in the trade unions and a new executive was to be established soon. The rules of the Federation had been amended a few months ago and the reduction of the number of trade unions through amalgamation met with general approval.
• "The trade union legislation in force is no longer that of Temporary Act No. 67 (adopted on 25 November 1971 and mentioned in the Committee's reports). This Act was repealed on 6 May 1972 and replaced by Labour Law No. 21, of 1960, as amended in 1965, 1970 and 1972. According to the Minister of Social Affairs and Labour, the draft of a new labour law is now being discussed in Cabinet."
  55. 55 The representative of the Director-General states that there was one aspect to which his attention was drawn, namely the continuing practice of requiring the submission of lists of candidates to trade union elections for approval by the Ministry of Social Affairs and Labour. There seems to be no specific legal provision establishing this requirement. The Minister referred to section 86 of the Labour Law, under which a trade union may be dissolved for security reasons. The Minister considered that this was a more severe measure than the removal of candidates for the same or other reasons (i.e. not fulfilling the conditions of eligibility stipulated in the law). In his opinion, he had the power to eliminate a candidate for security reasons without having to specify the exact grounds and this was justified because the trade unions are protected by the Government and therefore the Government also has the right to protect itself against the trade unions. In the last election, only six out of six hundred candidates were removed from the lists: some of them for dishonesty or because they were not Jordanian citizens.
  56. 56 The report continues:
• "The names of three persons were mentioned to me as having been eliminated as candidates on unspecified grounds: Mohammed Kassem, Abu Shamaa and Abdel Khader Khatab (of the Bank Employees' Union). The decision was taken by the Minister of the Interior, but the letter communicating this decision came from the Minister of Social Affairs and Labour. These three persons have brought their cases to the courts and the matter is now sub judice. The trade union leaders with whom I discussed the question do not agree with this practice. In their opinion, any trade unionist who is not detained, and has no criminal charges pending against him should be entitled to stand for election within his organisation."
  57. 57 On the whole question of the alleged dissolution of trade unions, and general interference by the authorities in the activities of the unions, the representative of the Director-General reaches the following general conclusions in his report:
• "The events referred to in the complaints belong, to a large extent, to the past. The Government intervened in the internal affairs of the trade unions by measures such as the appointment of an interim Executive Committee of the General Federation with the participation of two officials of the Labour Department, the compulsory amendment of the rules of the Federation in order to modify the proportionate representation on its General Council, and the imposition of general elections in all the trade unions for the purpose of screening and removing candidates for union office. These measures were taken in a particular political context after the civil war between the Government and the Fedayin movement, when the authorities were regaining control of the situation, and when the administration of the Federation had been brought to a standstill as a result of internal dissensions leading to a succession of resignations within its Executive Committee. The Government also compelled the amalgamation of the two trade unions which existed in the oil and chemical industries, but the two leaders of the Zarka Oil Refinery, who according, to the complaints had been forcefully dismissed from union office, were in fact defeated in the elections and eventually continued to play a leading role in the amalgamated Oil and Chemical Workers Union."
  58. 58 From all the information which the Committee now has at its disposal concerning the situation of the General Federation of Jordanian Trade Unions, especially during the period 1970-72, it would appear that the general state of confusion in the affairs of the Federation was occasioned mainly by political differences amongst the members of the Executive Committee and ultimately by successive resignations of members of the Executive. This situation led to the appointment, by ministerial decree, on 5 October 1971 of an interim Executive Committee composed of two representatives from the Ministry and several trade unionists. Subsequently, new elections were proposed within the General Council of the Federation by the Minister of social Affairs and Labour, but delays occurred until the trade unions elected their own executive Committees, prior to which the names of candidates had to be submitted to the Ministry of Social Affairs and Labour so that verification of the conditions of eligibility, as established in section 234 of the Labour Act (Temporary Act No. 67) could be made. Finally, the General Council of the Federation was re-established and, on 20 April 1972, the new Executive Committee of the Federation was elected.
  59. 59 With regard to the unions in the oil and chemical industry, the Committee notes that the two unions which existed in this industry, viz. the union in the Zarka Oil Refinery and that known as the General Union of Petroleum and Chemical Workers, were amalgamated in October 1971 following a decision of the Ministry of Social Affairs and Labour in accordance with Labour Law No. 16 of 1970. The Committee notes that, according to section 20 of this Act (which amended section 84 of Labour Law No. 21 of 1960) the Minister (after consulting the General Federation) should issue a decree enumerating the occupations and industries in which workers should De entitled to organise and that existing trade unions should, within three months of the date of issue of the decree, ensure compliance with the provisions thereof.
  60. 60 The Committee also notes from the detailed information contained in the report of the representative of the Director-General that the trade union legislation now in force is no longer the Temporary Act No. 67 of 1971, this Act having been repealed on 6 May 1972 and replaced by Labour Law No. 21 of 1960, as amended in 1965, 1970 and 1972. It seems also that the draft of a new Labour Law is now being discussed in the Cabinet. The Committee observes from the report of the representative of the Director-General that lists of candidates for trade union office still require to be submitted for approval to the Ministry of Social Affairs and Labour, and that candidates can be removed for security and other reasons (e.g. not fulfilling eligibility conditions stipulated in the law).
  61. 61 With regard to the above series of allegations concerning the general interference of the authorities in trade union matters, the Committee would draw the attention of the Government to the following principles: The Committee has emphasised the importance it attaches to the fact that workers and employers should in actual practice be able to form organisations of their own choosing and to elect their representatives in full freedom, The Committee has, in addition, drawn attention to the fact that provisions involving interference by the public authorities in various stages of the electoral process, beginning with the obligation to submit the names of candidates to the Ministry of Labour and culminating in the approval of the elections by ministerial decision, without which they are invalid, are incompatible with the right to hold free elections.
  62. 62 On the other hand, the Committee has recognised that where certain events were of an exceptional kind and may have warranted intervention by the authorities, the taking over of a trade union may be admissible, provided this is temporary and is aimed solely at permitting free elections in the organisation.
  63. 63 The Committee has noted that Temporary Act No. 67 has been repealed and replaced by Law No. 21 of 1960, as amended, and that a new draft labour law is at present being discussed in the Cabinet. The Committee considers it appropriate, in the circumstances, to recall the principle to which it has, on two previous occasions, drawn the attention of the Government, namely that, while it may be to the advantage of workers to avoid a multiplicity of trade union organisations, unification of the trade union movement imposed through state intervention by legislative means runs counter to the principles of freedom of association. The Committee of Experts on the Application of Conventions and Recommendations has emphasised on a similar question that "there is a fundamental difference, with respect to the guarantees of freedom of association and protection of the right to organise, between a situation in which a trade union monopoly is instituted or maintained by legislation and the factual situations which are found to exist in certain countries in which all the trade union organisations join together voluntarily in a single federation, or Confederation, without this being the direct or indirect result of legislative provisions applicable to trade unions and to the establishment of trade union organisations. The fact that workers and employers generally find it in their interests to avoid a multiplication of the number of competing organisations does not, in fact, appear sufficient to justify direct or indirect intervention by the State and, especially, intervention by the State by means of legislation.", While it fully appreciates the desire of any government to promote a strong trade union movement by avoiding the defects resulting from an undue multiplicity of small and competing trade unions, whose independence may be endangered by their weakness, the Committee would again draw attention to the fact that it is more desirable in such cases for a government to seek to encourage trade unions to join together voluntarily to form strong and united organisations than to impose upon them by legislation a compulsory unification which deprives the workers of the free exercise of their right of association and thus runs counter to the principles which are embodied in the International Labour Conventions relating to freedom of association.
  64. 64 Having stated these principles, to which the Committee attaches the greatest importance for the free exercise of trade union rights, the Committee has not failed to take note of the findings of the representative of the Director-General, according to which the events referred to in the complaints belong, to a large extent, to the past and the measures taken by the Government were taken in a particular political context after the civil war between the Government and the Fedayin movement, when the authorities were regaining control of the situation and when the administration of the Federation had been brought to a standstill as a result of internal dissensions leading to a succession of resignations within its Executive Committee. The findings also reveal that at present the trade union situation appears again to be normal.
  65. 65 The Committee expresses the hope that in the future full account will be taken by the Government of the principles expressed above both in its de 1212 relationship with the Jordanian trade union movement and in the formulation of the new labour legislation, a draft of which is said to be before the Cabinet for consideration.
• Allegations relating to the Execution and Death in Prison of Trade Unionists
  66. 66 When the Committee last examined the case (Case No. 668) it had before it allegations that a number of trade unionists had been put to death by the authorities between May and September 1971. Further, according to the complainants, hundreds of trade unionists were still in prison and many had suffered death by hanging. The Committee had asked the Government to supply precise information as to these matters.
  67. 67 In his report the representative of the Director-General makes the following observations with regard to this aspect of the case:
• "Several allegations referred to the execution of trade unionists. Among the persons mentioned by the complainants figured Ghaleb Said, Faraj Hamed, Saleem Al-Helou, Mohammed Al-Kaysi and Issa Al-Helou, who had been members of various trade unions.
• "Despite my requests I could not obtain a copy of the text of the sentences against these persons, but I had a special interview with the Judge Advocate-General of the Military Courts, who gave me a detailed account, on the basis of the documents which he had before him, of the charges on which they had been condemned. These charges had been made public in the press and had no connection with trade union activities. The criminal acts in which they had participated took place during the civil war between the Government and the Fedayin. Ghaleb Said had placed explosives in a phosphate mine in May 1971, killing one soldier and wounding two others. He was tried and hanged on 7 July 1971. Faraj Ahmed and Saleem Al-Helou had shot five persons in the presence of their families in September 1970. They were tried and hanged on 4 October 1971. Mohammed Al-Kaysi and Issa Al-Helou had killed an employee of the Prime Minister's office in March 1971. They were tried and hanged on 14 September 1971. The procedure followed in these military trials was stated to be similar to that of the civilian courts, which includes the right of legal representation and the right of appeal against both conviction and sentence.
• "The allegations also referred to the arrest and death from torture in prison of Mustapha Abdul Aziz, who worked as a caretaker at a flour mill in Amman, and Mustapha Bargash, member of the Trade Union of Light Industries. I could not obtain any precise information with regard to these persons. One trade union leader, who was manifestly opposed to the Government, stated that they had been hanged, but not for trade union activities. Another union leader, who belonged to the Trade Union of Light Industries, stated that he had known Mustapha Bargash and was told that he died in prison. He did not know the reasons for his detention but explained that in the days of the civil war people were not arrested for trade union activities. I inquired several times with government officials, including the Judge Advocate-General of the Military Courts, about these two persons. The reply was always that they were not known and that their names could not be traced despite the investigations that had been carried out. On balance, I am satisfied that no person was executed because of trade union activities, but only after being duly convicted on serious charges of a criminal nature."
  68. 68 With regard to this aspect of the case the Committee notes that the representative of the Director-General experienced some difficulty in the course of his mission in obtaining information concerning all the persons mentioned in the complaint. However, it would appear from the facts which he was able to establish that the executions which had taken place had no connection with the trade union functions of the persons in question, but were related to criminal acts in which they had participated during the civil war between the Government and the Fedayin in 1970. In these circumstances, the Committee considers that no useful purpose would be served in pursuing this aspect of the case further.
• Allegations relating to the Arrest of Trade Unionists
  69. 69 When it last examined the case (Case No. 668), the Committee had requested the Government to supply as precise information as possible concerning the alleged arrest, in 1970, of Ahmad Abdul Karim Abou Odeh, a Jordanian trade union leader and a member of the Inter-Arab Federation of Agriculture, as well as the legal or judicial proceedings instituted as a result thereof and the outcome of such proceedings. A similar request was made to the Government in connection with the alleged arrest, on 1 July 1972, and imprisonment of two trade unionists, Fayez Albijani and Mohammad Abu Shamaa. The Committee also had before it allegations, presented by the World Federation of Trade Unions (Case No. 730), that two trade union leaders, Mohammed Kassem and Abdul Rahman Alhayek had been arrested and imprisoned. With regard to the latter two trade unionists, the Government had indicated that Abdul Rahman Alhayek had not been imprisoned and that Mohammed Kassem, after being detained for a crime against public security, was granted an amnesty and had resumed his trade union activities.
  70. 70 In his report the representative of the Director-General supplies the following information on this aspect of the case:
• "The complaints also contained allegations relating to the arrest of many trade unionists. Some of the persons mentioned in this connection were Ahmad Abdul Karim Abou Odeh, member of the Executive of the Inter-Arab Federation of Agriculture, Mohammed Kassem, of the Carpentry and Engineering Workers Union, Abdul Rahman Alhayek, of the UNRWA Workers union (which is not recognised by the Ministry of Social Affairs and Labour, nor by the UNRWA authorities), Mohammed Abu Shamaa (of the Bank Employees Union) and Fayez Albijali. All these trade unionists had been released and Abou Odeh had left the country. I discussed the question of the arrests with the Minister of Social Affairs and Labour, many trade union leaders and also three of the persons concerned, namely Mohammed Kassem, Mohammed Abu Shamaa and Abdul Rahman Alhayek."
  71. 71 In his report the representative of the Director-General indicates that, according to the Minister, Kassem and Abu Shamaa were arrested for political activities. Under the martial law which is still in force a person can be arrested and kept in detention without trial. Both Kassem and Abu Shamaa were released under the general amnesty declared by the King one trade union leader stated that the arrest and detention of Fayez Albijali and Abou Odeh were not connected with their trade union functions or activities.
  72. 72 The representative of the Director-General continues in the following terms:
• "Abdul Rahman Alhayek, whom I questioned about his personal experience, told me that he had been arrested on several occasions and once for over a week, but never for trade union activities. He had been interrogated in connection with his supposed collaboration with the Fedayin movement. Mohammed Kassem, on the other hand, linked his eleven-month detention to his resignation in August 1972 from the Executive Committee of the General Federation. He was interrogated with regard to the reasons for his resignation and his relationship with the trade unionists who claimed to represent the Federation in Damascus. He was also suspected of distributing leaflets protesting against the interference of the Government in the trade union movement. Kassem recognised, however, that the other two leaders who also resigned from the Executive Committee of the General Federation in 1972, namely Sami Rafik El-Bast and Waleed El-Khayyat, had not been arrested. Abu Shamaa told me that he had been elected President of the Bank Employees Onion in 1972 and shortly afterwards he was arrested and kept in detention for seven months. He was never interrogated and no charge was preferred against him. None of these persons was brought to court. They were neither tried nor convicted.
• "There is one further point that needs mentioning. It seems to be generally accepted that no person is at present in custody for his trade union position or activities. In a letter dated 19 January 1974, addressed by the Minister of Social Affairs and Labour to the Minister of Foreign Affairs, the latter is requested to acquaint the Director of the Arab Labour Organisation (Cairo) with the fact that the Government of Jordan had declared a general amnesty for all trade unionists accused or detained after trial or having fled the country because of subversive activities, and that as a result no workers were at present detained for any reason whatsoever. The amnesty also covered Fathi El-Naji, Mohammed Jad Allah and Aouni Jamil Abd Allah. The letter also stated that the amnesty decree was issued shortly after the visit of the Director of the Arab Labour Organisation, in August 1973. During my stay in Jordan, one of the trade unionists eliminated from the list of candidates during the last elections, Abdel Khader Khatab, was arrested. According to the Minister of Social Affairs and Labour, he was accused of distributing leaflets against the regime. This is a crime punishable by up to 15 years' imprisonment. Nevertheless, it was expected that he would be released again after some time, without being brought to trial. In his case, the Minister indicated, a conviction would be a greater handicap than temporary detention without trial."
  73. 73 From the information gathered by the representative of the Director-General, it would seem that the arrests and detention of trade unionists had no connection with the exercise of legitimate trade union activities. However, the Committee notes that the detention of persons including trade unionists without trial, under the martial law which remains in force, can still take place. In this connection, the Committee would draw the attention of the Government to the principle which it has always emphasised, namely that measures of detention must be accompanied by adequate judicial safeguards applied within a reasonable period and that all detained persons must receive a fair trial at the earliest possible moment.

B. B. The Committee's conclusions

1. 74. The Committee considers that it is of particular importance in the present cases to place the events referred to in the complaints in the general context of the situation prevailing in Jordan at the time of the events giving rise to them. Most of the allegations relate to the period extending from the middle of 1470 to the first quarter of 1972, which was marked by serious political unrest leading to a state of civil war between the Government and the Fedayin organisations.
2. 75. The Director-General's representative states in this connection:
   • "On many occasions during the mission the Minister of Social Affairs and Labour, other government officials and employers' representatives, in particular, referred to these events and described with some detail the state of insecurity which prevailed at that time. The trade unionists, on the other hand, were less spontaneous and specific on this question. From all the information received, it would appear that the various Fedayin organisations maintained fairly close connections with the trade unions and their leaders. This relationship between the Fedayin movement and the trade unions had several consequences: firstly, numerous trade unionists were at the same time very active in the Palestinian organisations; secondly, industrial relations became tainted with violence through direct Fedayin intervention in labour-management relations, leading sometimes to the conclusion of collective agreements imposed on employers at gun point; thirdly, the rivalry existing between these organisations was also reflected in the leadership of the General Federation of Trade Unions and contributed to a state of internal dissension which eventually brought its Central Committee to a standstill.
   • "It is for all these reasons that the Government and the employers repeatedly stated that the complaints were prompted by political considerations and that they should be examined within the context surrounding the events referred to in the allegations. The trade unionists themselves sometimes felt unable to draw a clear distinction between trade union and political matters. The factual information collected during the mission would appear to confirm this view to a large extent and highlights the political implications of the case. It is significant that the complainant General Federation of Jordanian Trade Unions (Damascus) stated in a document that they pledged to continue their struggle to realise the targets of the working class and to overthrow the regime in Jordan."
3. 76. With regard to this complainant, the Committee notes that according to the representative of the Director-General, from the information collected as to the setting up of the General Federation of Jordanian Trade Unions in Damascus by three former members of the Executive Committee of the General Federation of Trade Unions in Amman; and considering the further developments in this Federation up to the latest elections, it appears that the claim of these three persons that the Damascus Federation represents the Jordanian workers is not well founded. This view, he indicates, is supported by nearly all the trade union leaders in Jordan, including those who are opposed to the Government.

The Committee's recommendations

1. 77. In all these circumstances and with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) with regard to the allegations relating to the dissolution of trade unions or their executive Committees, and other acts of interference by the Government in the trade union movement, to note that the events referred to in the complaints belong to a large extent to the past and that the measures taken by the Government were taken in a particular political context following the civil war in Jordan; to draw the attention of the Government, however, to the principles set out in paragraphs 61, 62 and 63 above; and to express the hope that full account of these principles will be taken by the Government in its de facto relationship with the Jordanian trade union movement, and in the formulation of the new labour legislation, a draft of which is said to be before the Cabinet for consideration;
   • (b) with regard to the allegations relating to the execution and death in prison of trade unionists, to decide for the reasons given in paragraph 68 above that no useful purpose would be served in pursuing this aspect of the case further;
   • (c) with regard to the allegations relating to the arrest of trade unionists, to draw the attention of the Government to the principle that measures of detention must be accompanied by adequate judicial safeguards, applied within a reasonable period, and that all detained persons must receive a fair trial at the earliest possible moment; and
   • (d) to decide that the case calls for no further examination.