IFOU petitions Labour Minister for recognition rights and a pluralistic Iraqi trade union congress

No. 5

Date: Jan. 3, 2008

To: His Excellency, Minister of Labor and Social Affairs

Re: Draft


Dear Excellency,

In order to establish a democratic status and having elected trade unions and labor federations and organizations which operate in accordance with by-laws that provide for the legitimacy of the elected worker representatives from real, hierarchical grassroots within the democratic trend for new Iraq, we would like to state the following:

After the collapse of the former regime, a group of labor activists reestablished the oil trade unions in the oil companies in order to maintain the production and safeguard the employees' rights. The security situation has been deteriorating due to the occupation. The oil facilities and stations have been subject to destruction, sabotage and looting. Because of this, the labor activists, on April 20, 2003, formed a preparatory committee in the South Oil Company which assumed the task of forming trade union committees in all the oil companies in the south of the country.

Thirty eight trade union committees were formed and distributed on all the workplaces in the oil companies. The committees were formed by direct secret ballot and in the presence of representatives from the governorate, political parties, the judiciary and the oil companies and a number of guests from outside the oil sector. All these actions are documented with pictures and filed at the Federation's secretariat. Ever since there establishment, these committees participated in restoring life to all companies that sustained damage and sabotage. The percentage of damage was 100%. The committees took part in the reconstruction process and the oil sector officials can confirm this. On September 15, 2004, all trade union committees met and elected the administrative bodies for all trade unions and then the general trade union was elected and started operating on October 15, 2004.

Due to the expansion in the trade union organization, the trade union committees in Thi Qar, Misan and Muthanna joined the General Trade Union. The trade unions boards of directors called for the first founding congress to elect the presidium on November 20, 2006. On November 22, 2006, the Presidium met and assumed its tasks and functions formally. The first executive bureau was elected in the Oil Unions Federation and the Federation convened under its new leadership for the first time on December 2, 2006. All the meeting minutes are duly documented, approved and filed at the Federation together with the by-laws. Based on the aforementioned, the Federation was officially recognized by all international organization that have contacts with the other Iraqi federations.

Your Excellency,

Article 22 (C) of the Iraqi Constitution states that: "The State guarantees the right of forming and joining professional associations and unions. This will be organized by law."

Article 15 of the Draft Labor Law for 2006 states that:

1. Workers are entitled, without previous authorization, to form and join their own trade unions.
2. Workers organizations have the right to draft their own by-laws and regulations, elect their representatives freely and organize their administration and programs.
3. Workers organizations may not be dissolved or suspended by an administrative decision from any administrative body.
4. Workers organizations may establish and join branch and general federations; and these organizations, federations and/or general federations have the right to join international worker organizations.
5. The Iraqi government shall take all necessary procedures and arrangements to ensure the freedom of association.
6. Workers shall enjoy the necessary protection from any discriminatory actions due to their trade union activity.

By virtue of these state-guaranteed rights and in accordance with the Constitution and Draft Labor Law for 2006, we, in the Oil Unions Federation, suggest forming multiple federations and unions to cover various professions and industries. We suggest (establishing a high central council which includes all the elected federations operating in Iraq in order to promote and advance the democratic work which will definitely be in the interest of the organizational process and the Iraqi working class.)

In this regard, we ask you not to make the same mistake of the former regime which recognized one central federation that represented the one party views and opinions. We appeal to you to approve a pluralistic approach whereby sectoral federations and professional associations are recognized in the union work. Ever since the collapse of the former regime, Iraq has witnessed the birth of independent federations and trade unions that are not affiliated to the GFIW but are recognized by the international and regional organizations.

While the Oil Unions Federation is proud of the elections, we reiterate their integrity and fairness. We followed a modern and civilized approach through involving all the existing Iraqi federations in the preparatory committees and the elections were conducted under the supervision of the international trade union leaderships. Our Federation saves no effort to ensure the success of this pioneering experience. We also hope that all existing trade union leaders take part in the elections starting from the grassroots, i.e. from the trade union committees in the plants or factories where the trade unionists work. We do believe that in order to have a successful organization, we have to follow the bottom-top approach. We hope that our proposal would receive your attention.

May God guide you to the best interest of Iraq.


Best regards,
Hassan Jum'a
President of the Oil Unions Federations in Iraq

Attachments:
Layout for forming the Trade Union Council



CC:

The Council of Ministers, for your information with regards;

The Ministerial Committee for following up elections, for your information with regards;

His Excellency, the Governor of Basra, for your information with regards;

GFIW, for your information with regards;

FWCUI, for your information with regards;

ILO, for your information with regards;

ALO, for your information with regards;

ICEM, for your information with regards;

TUC, for your information with regards;

ITF, for your information with regards;

CGIL, for your information with regards;

AFL-CIO, for your information with regards;

US Labor against the War, for your information with regards;

SC in Jordan, for your information with regards;

ITUC, for your information with regards