International Union Rights
Volume 11 Issue 3 2004
Journal of the International Centre for Trade Union Rights
http://www.ictur.labournet.org/
Abdullah Muhsin, International Representative of the IFTU looks at the Iraqi interim government and the development of the labour code.
The dictatorship has gone but after more than three decades of internal repression, turmoil, wars, unjust economic sanctions, Iraqi society has been devastated. The trade unions are essential to the fabric of the civil society we must rebuild. A large, organised and confident trade union movement could do a great deal to bring workers together regardless of their religious, ethnic or national origins.
Political situation:
As a consequence of the war, the occupation and the failure of Iraqi parties to agree on holding of a national conference April 2003 to elect a transitional government, the occupation authorities (US and UK) became de facto the transitional authority in Iraq. Their authority was further consolidated by the UN Security Council resolution 1483, which internationalised the occupation of Iraq.
The US administration interpreted one of UN resolution 1483 articles which relates directly to the formation of an Iraqi political transitional authority as meaning that the new Iraqi political body would exist merely to advise and assist the
occupation authority during the transitional period of the occupation. All Iraqi forces rejected this flawed idea. The UN helped in forging a compromise and the idea of the Iraqi Governing Council (IGC) was born. Both Iraqis and the UN supported it. The US and UK administrations agreed. In July 2003 the IGC was formed.
The IGC, despite the fact that is not the best or the preferred ultimate perfect model of running Iraq post-Saddam, nevertheless remains an acceptable alternative to the US vision. It represents all sections of Iraqi society - including Arabs, Kurds and other nationals.
The IGC was entrusted with task of issuing:
* A transitional constitution with active consultation with the UN- by no later than May 2004 (that has now had been achievedand will guide the state and society during the interim period until January 2006);
* Preparing the ground to end the occupation, dissolving itself and handing power to an Iraqi interim government (which was achieved on 28 June 2004);
* Preparing the ground to hold a national conference to elect an interim National Assembly. The National Conference was held 15-18 August in Baghdad. 81 delegates were elected at the conference with the remaining 19 seats going to former members of the IGC who are not memebers of the interim government.
Iraq's transitional constitution:
The Iraqi Transitional Administrative Law passed on 8 March 2004, despite its drawbacks, offers on paper a balanced system of governance, giving clear separation between the three state institutions, and it guarantees (in Article 13) the right to form and join a union and the right to strike. It also guarantees the role of women with the leadership of the state and its institutions. It says that women should constitute at least a quarter of the National Assembly. And it also
recognized Iraq as a federal state. Islam is recognized as a source but not the sole source of legitimacy.
However there is no mention of social welfare provision, nor of the role of the occupation forces during the two-year transition.
Post-28 June 2004 Iraq interim government:
The unanimous UN resolution 1546 on Iraq is an important signal for ending the occupation and regaining Iraqi national sovereignty. It will help to undermine anti-Iraqi terrorism and will assist Iraqi democrats - like the new trade union movement - to help build a secular and secure civil society.
Whilst the IFTU is aware that the legacy of Saddam's dictatorship, war, sanctions and the effect of the recent invasion will not be eradicated on June 28th, the IFTU nonetheless welcomes and endorses the commitment given in the resolution to the ending of the power of the Coalition Provisional Authority on that day and handing the political power to the Iraqis. The interim government is not an end in itself- it is a means to an end. Its role must be to prepare Iraq for full democratic sovereignty. This will include full authority and control over Iraq's financial and natural resources. The IFTU will play a full part in this process and will seek to ensure that workingmen and women are alerted to the importance of participating in the democratic renewal of their country.
The IFTU also support the convening of a national conference to reflect the diversity of Iraqi society. The concrete goal of the national conference is elect 100 seat transitional assembly that will oversee the current interim government until national elections are held in January 2005.
Achieving a Labour Code:
The Iraqi Transitional Administrative Law passed in 8 March 2004, guarantees (in Article 13) the right to form and join a union and the right to strike, but Iraqi working people have no labour code to guide and protect them. The IFTU sees the principles contained in the ILO declaration on fundamental principles and rights at work as fundamental human rights that must be fully respected. These fundamental principles are:
* Freedom of association and the right to collective bargaining (conventions 87 and 98);
* Elimination of all forms of forced or compulsory labour (conventions 29 and 105);
* Effective abolition of child labour (conventions 138 and 182);
* Elimination of discrimination in respect of employment and occupation.
In line with above, the IFTU is in consultation with the ILO, the Iraqi Ministry for Labour and Social Affairs and representatives of Iraqi businesses. IFTU is working for ensuring the issuing of a Labour Law, that will guarantee workers' basic rights to employment, health & safety and legal compensation for injury at work.
During the 92nd ILO Conference (held in Geneva 1-18 June, 2004) IFTU met with two ILO governing bodies; The Arab coordinator and the ILO works group secretary. Both assured the IFTU that a labour code is at final stage of completion. The proposed code will be published for discussion amongst the Iraqi labour movement, media and those interests in the labour law for amendments and suggestion before becoming binding law.