Rapport intérimaire - Rapport No. 241, Novembre 1985

Cas no 1333 (Jordanie) - Date de la plainte: 30-AVR. -85 - Clos

1. 846. The World Federation of Trade Unions (WFTU) submitted a complaint of violations of trade union rights against the Government of Jordan on 30 April 1985. The Government sent its observations in a communication dated 28 May 1985.
2. 847. Jordan has not ratified the Freedom of Association and the Right to Organise Convention, 1948 (No. 87); it has ratified the Protection of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 848. In its communication of 30 April 1985, the WFTU states that, on 14 February 1985, government forces arrested Mohammad Hussein Qasem, President of the General Federation of Commercial, Shops and Professional Trades Unions. It also alleges that, on 13 April 1984, government forces arrested Abdul Razzaq Said Issa, the General-Secretary of the Trade Union of Workers in Banks and Insurance, for trade union activities. According to the WFTU, the case of Mr. Said Issa has not been referred to the courts.
2. 849. The complainant states that these acts constitute grave violations of trade union rights as enshrined in Conventions Nos. 87 and 98 and requests action towards their unconditional release and full respect of fundamental trade union rights in Jordan.

B. The Government's reply

1. 850. In its communication of 28 May 1985, the Government states that Mr. Mohammad Hussein Qasem ceased to be a trade union representative on 12 January 1984 both as regards the Trade Union Committee of Workers in Furniture and Household Appliances Industries and the Board of the General Union of Workers in Commercial, Personal and Private Handicraft Shops to which he had previously been affiliated. The Government points out that the General Union of Workers in Commercial, Personal and Private Handicraft Shops is composed of three trade union committees (the Trade Union Committee of Workers in Furniture and Household Appliances Industries, the Trade Union Committee of Workers in Footwear Industries and Leather Industries, and the Trade Union Committee of Workers in Sewing Industries) all of which nominate three members to the nine-man board of the general union. According to the Government, on 19 November 1983 the Ministry of Labour and Social Development received a memorandum from the Trade Union Committee of Workers in Furniture and Household Appliances Industries stating that the number of candidates for membership of that trade union committee was nine and that they had been elected without a vote. Mr. Qasem, not having presented himself as a candidate, was consequently not a member of that committee. Moreover, on 12 January 1984, the Ministry received a memorandum from the same trade union committee stating that Mr. Qasem was excluded from the board of the union for various defamatory acts and the circulation of false rumours. The Government therefore concludes that, since the arrest of Mr. Qasem took place in February 1985, it could not have been related to his trade union activities in which he ceased to play any role sometime before.
2. 851. According to the Government, information from competent security sources states that the arrest of Mr. Qasem was due to his activities as a leader of the underground Popular Front/Jordan Branch which, according to its rules was aimed at overthrowing the Jordanian regime by use of force. Mr. Qasem was brought before the competent tribunal, given the possibility of defending himself, found guilty and sentenced to five years' imprisonment. The Government states that the Ministry of Labour and Social Development is no longer responsible for the follow-up of his case.
3. 852. As regards Mr. Said Issa, the Government states that he is a member of the board of the Union of Workers in Banks, Insurance Companies and Accounting to which he was elected in 1983. On 18 April 1985, the Ministry of Labour and Social Development was informed by that union of his arrest on 14 April, without mentioning the reasons for his arrest. According to authorised security sources, Mr. Said Issa was arrested for being a member of the underground Popular Front/Jordan Branch. He was brought before the competent tribunal, given the possibility of defending himself, found guilty and sentenced to five years' imprisonment. The Ministry of Labour and Social Development is no longer responsible for following up his case.

C. The Committee's conclusions

1. 853. The Committee notes that this case concerns the arrest - in April 1984 and February 1985 - of two trade union leaders and their subsequent sentencing to five years' imprisonment. It notes, in particular, that the reasons given for the arrests and imprisonment are directly contradictory: the complainant organisation alleges that they were due to the trade union activities of the persons concerned, and the Government states that they were due to their membership of an underground organisation aimed at overthrowing the Government by force. Although the complainant itself gives no further details concerning the link between these persons' trade union activities and their arrests, the Government also does not give sufficient detail concerning the charges brought against them and does not supply a copy of the judgement handed down by the courts involved.
2. 854. Given the conflicting nature of the complainant's allegation and the Government's reply, and while regretting the absence of more detailed information, the Committee would recall in general that in cases such as this involving the arrest, detention and sentencing of trade union officials, it has always taken the view that individuals have the right to be presumed innocent until found guilty. Moreover, it has considered that it is incumbent upon the Government to show that the measures involved were no way occasioned by the trade union activities of the individuals concerned (see, for example, 112th Report, Case No. 569 (Chad), para. 185 and 234th Report, Case No. 1246 (Bangladesh), para. 71).
3. 855. The Committee further notes that the Government denies that one of the persons mentioned by the complainant organisation - Mr. Qasem - held trade union office at the time of his arrest in February 1985. The Committee would recall in this connection that protection against anti-union discrimination applies equally to trade union members and former trade union officials as to current trade union leaders. Nevertheless, in accordance with its normal practice in cases where complainants allege that trade union leaders or workers have been arrested for trade union activities and the government's reply amounts to general denials of the allegation or is simply to the effect that the arrests were for subversive activities, for reasons of internal security or for common law crimes, the Committee requests the Government to supply further and as precise information as possible concerning the arrests, the legal proceedings that took place and the court judgement which resulted in sentences of five years' imprisonment for both Mr. Qasem and Mr. Said Issa. (See, for example, 93rd Report, Cases Nos. 409 and 457 (Bolivia), para. 230. )Once in possession of this information, the Committee will be in a position to reach a decision in this case.

The Committee's recommendations

1. 856. In these circumstances the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
   • (a) the Committee notes the contradictory nature of the complainant's allegations and the Government's reply concerning the arrest of two trade union leaders in April 1984 and February 1985 respectively; it recalls that it is incumbent upon the Government to show that the measures taken were in no way occasioned by the trade union activities of the individuals concerned;
   • (b) given the lack of information concerning the reasons for the arrest and subsequent sentencing to five years' imprisonment of the trade union leaders concerned, the Committee requests the Government to submit further and as precise information as possible on the incidents which led to the arrests and a copy of the judgement handed down in the subsequent proceedings, so as to enable it to reach a decision in this case.