To the Iraqi working people:
The Iraqi working people are playing an important role in the development of the new Iraq and are helping in the re-building of Iraq's devastated national economy.
They are taking a full active role in the consolidation of the current political process in order to create a democratic, united and federal state after years of repression and hardship at the hands of the deposed dictatorship of Saddam.
Today our courageous working people are exerting their legitimate rights to assist in the building of a democratic state, to defend the fundamental rights of working people in a free and democratic Iraq.
But today despite our sacrifices and instead of receiving the support they deserve from the new Iraqi state, the Iraqi working people and their legitimate trade unions are subjected to unjust attacks and clear open interference in the internal affairs by the "new" old Iraqi Council of Ministers and some Ministries of the transitional government. Their purpose is to prevent working people from organising free and democratic unions. Saddam Hussein’s anti union Law 150 of 1987 is still being applied.
Our working people across Iraq from Basra, Kirkuk and Babel, Najaf and Messan (Al Amarah) are aware of this repressive manoeuvre against our trade union movement and are determined to exercise their legitimate rights to organise workers in free unions. We declare our resolve that we shall continue to use all democratic means available; strikes, courts procedure and protests to stop this undemocratic practice against workers.
To this end we shall mobilise our working people across Iraq and especially in industries such as Oil, Transport and Docks and in the public sector against this violation of our fundamental rights to organise free from state interference.
The IFTU as a key patriotic component of Iraq society determined to uphold and defend the rights of working people to organise, to representation and to take strike action as stated in the core conventions of the International Labour Organisation (ILO), condemns this unjust and unprovoked attack against the Iraqi working class.
We also call upon our working people to face head on this old "new" attack by the transitional government, which aims to prevent us from organising freely.
We affirm that the IFTU will continue to be loyal defenders of the rights and aspiration of Iraqi working people for a free, open and democratic society.
IFTU Executive,
Baghdad
25 August 2005
International Transport Workers' Federation
24 August 2005
The ITF has condemned a new decree in Iraq that crushes trade unions’ right to operate free of government interference or harassment.
The decree, passed on 7 August, revokes decisions taken on union rights by Iraq’s provisional government and permits the control and confiscation of trade union monies by the current authorities. It also states that the right to carry out union activities is to be reviewed.
In a letter dated 24 August, ITF General Secretary David Cockroft, told Iraqi Prime Minister Ibrahim Al Jaafari: “We are concerned that control of Iraqi trade unions’ monies might lead to the weakening of the Iraqi unions’ capabilities,” and added: “This is considered a clear breach of the International Labour Organization (ILO) core labour standards on freedom of association and a direct attack on human rights in Iraq.”
He also called on the government to discuss any future review of trade union activities with the unions themselves and raised concerns that laws dating from 1987, forbidding union organisation in the public sector, remain in place.
Cockroft pledged to raise these issues with the ILO through the International Confederation of Free Trade Unions.
Commenting on the situation, Bilal Malkawi, ITF Arab World Offices said: “While the ITF, Global Union Federations, and many international trade union organisations are working intensively to support Iraqi workers, the government is taking this action instead of helping unions to face the challenges ahead. I am really shocked by these measures, but I know for sure that the Iraqi unions are in a strong enough position to keep moving forward.”
The Iraqi Federation of Trade Unions London Office reports today on the latest developments in respect of trade union and workers' rights in Iraq. The full text of a statement adopted by the Executive Committee of the IFTU is available now on the Arabic language section of this website and will shortly be available here on the English language section.
On 8 August, 2005 The Council of Ministers of the Iraqi Republic issued a Decree No. 875, which was signed by the Cabinet General Secretary and which marks a critical moment in post-Saddam Iraqi politics.
The Decree 875 revokes the former arrangements announced under the Transitional Law, for trade unions to operate and function without undue interference or harassment from the state.
Decree 875 reads:
"The Decree No. 3 issued by the Governing Council in 2004 led to the formation of a government Committee responsible for Labour and Social Rights headed by Naseer al-Charderdi. This Committee is no longer have the responsibility and. In its place a new Committee is established comprising the Ministers of Justice, the Interior, Finance, the Minister of State responsible for the Transitional Assembly, the Minister for Civil Society, and the Minister of National Security.
"This Committee must review all the decisions taken to oversee the implementation of Decree no. 3 since its publication in 2004 and must take control of all monies belonging to the trade unions and prevent them from dispensing any such monies.
"In addition I am proposing a new paper on how trade unions should function, operate and organise."
Signed
Dr Fahdal Abass
(Cabinet General Secretary) 7 August 2005.
This decree was copied to the following:
The Prime Minister of Iraq, Mr al-Jaafri;
The Under Secretary of the Council of Ministers;
All Ministries;
All Ministers of State;
The Supreme Federal Court;
The Council of the Judiciary;
The Head of the implementation Committee of Decree No. 3 (2004), Naseer
al-Charderdi;
All members of the above Committee;
The Cabinet General Secretary
Report on Wilton Park Conference WP784
PROMOTING GOOD GOVERNANCE AND DEVELOPMENT IN CONFLICT-COUNTRIES: THE ROLE OF PARLIAMENT AND GOVERNMENT
in association with THE COMMONWEALTH PARLIAMENTARY ASSOCIATION
Monday 6 – Thursday 9 June 2005
Summary
1. The conference sought to examine the role political leaders in conflict-affected countries should play in order to lay the foundations for good governance and sustainable development. In particular the conference considered: political structures and resources governments and parliaments need in order to achieve this objective; priority areas for promoting democracy, economic development and poverty reduction; and how co-operation with interim administrators, the military, private sector, trade unions and NGOs is best conducted.
Conflict-Affected Countries: The Commonwealth Experience
2. All democracies suffer from deficiencies and challenges, irrespective whether they are newly emerging or established democracies; however, the maturity of a democracy will determine the kind of challenges it faces in its democratic development.
3. There is no doubt that it is much easier for rich countries to tackle their democratic deficits as they have access to the resources needed to remedy their weaknesses; whereas the lack of resources in developing countries often makes it harder for newer democracies that wish to tackle challenges and consolidate the democratic gains they have made. First and foremost, though, democracies throughout the Commonwealth need to ensure the independence of their democratic institutions, such as parliament.
4. It is still a point of conjecture as to whether weak parliaments are a result of the failures of parliamentarians or the institution itself. It was noted that often when a new parliament is elected, new parties want to get on with their agenda or program rather than reforming the national assembly to improve and strengthen the institution. Meanwhile, weaknesses in the institution, such as archaic standing orders that prohibit proper debate, combined with what is often the relatively weak position of parliament in relation to the executive, impacts on parliaments’ independence and the ability of parliamentarians to implement reforms.
5. The need for greater parliamentary independence was cited as an essential precondition if parliaments are to fulfill their oversight and accountability function. However, parliaments’ independence can be challenged both from within the country and by external actors, such as donors dictating parliaments’ agenda. It is not necessarily just a matter of the donor community providing additional aid to developing democracies, rather of providing assistance to parliaments to develop processes for better governance and assisting parliaments with the task of setting their own program. If parliaments are strengthened so as to be able to develop an agenda based on domestic demand they will be in a better position to seek donor assistance for each specific component of their domestically driven strategy.
The Degree to which Governments and Parliament Can Contribute to Peacebuilding in Conflict-Affected Countries
6. The political will needed to resolve conflict will only develop when the parties to a conflict perceive that it will be in their own best interest to resolve the conflict, whether because it is evident violence will not lead to their desired outcome or their constituency begins to tire of the violence and seeks change. Traditionally conflict resolution and peacebuilding have been the responsibility of governments in conflict-affected countries, however, parliaments are beginning to play a far more prominent role.
7. Despite their growing contribution to peacebuilding, it is still all too easy for governments to bypass parliaments when seeking to resolve disputes. This raises the question as to what incentives are there for governments to work with parliaments, particularly when conflict resolution often involves confidential dialogue. A distinction needs to be drawn between resolving a conflict and building the peace. Parliaments are integral to bringing about the reforms and conducting the institution building necessary to maintain any peace that has been brokered. First and foremost parliament can put in place the institutions needed to assist with conflict resolution and peacebuilding. There is no universal prescription or model for this; however, parliament is a central stakeholder in reforming established institutions, such as the security services, educational sector and public service, to ensure they are representative and sensitive. In addition, parliament can create new institutions, such as reconciliation commissions, to work towards bridging the gap between divergent parties. Parliament can also provide continuing oversight for these newly reformed or created institutions so as to ensure they are performing their desired function so as to contribute to peacebuilding.
8. Prior to commencing a peace process it is important to understand peace as a spectrum rather than an absolute because to deal with it as an absolute will result in certain expectations being interwoven into the concept of peace, which can prove problematic later in the process. For instance if peace is defined as any violence, rather than a marked reduction in the level of violence, the presence of even the smallest amount of violence will result in the peace process being viewed by the public as a failure. A disconnect between the expectations of people and government can lead to disillusionment with the process. Therefore, management of people’s expectations is very important and is something with which parliamentarians, as the elected representatives of the people, can assist.
9. A preliminary stage of a conflict resolution process is disarmament and demilitarization of the conflicting parties. Often this can be a sticking point as neither side is willing to lay down their arms. The solution to such an impasse is usually to set out a sequence of events which will result in the parties disarming. Certain steps have to taken by one side (milestones) and then reciprocal obligations come into force for the other party to fulfill. In order for this to succeed confidence building measures are needed, along with a transformation of attitudes and a repudiation of the legacy of the past. The sequencing of the stages and confidence building measures are very important.
10. The incentive for the parties to keep working towards meeting the milestones in accordance with the sequence of events and timeline set down is the fact peace and security will bring about greater economic development. In order to ensure that the peace is sustainable, parties need to ensure that the economic development that flows from achieving peace and security will be enjoyed by all members of the community. Furthermore, the greater economic interdependence between the parties that invariably comes about due to the development spurred by peace and greater certainty acts as a future disincentive to return to violent conflict.
11. Sometimes the parties to the conflict will recognize that a conflict needs to be internationalized. This often occurs when the acrimony and lack of trust between the parties is too great for them to be able to resolve the conflict without the assistance of a third party. A representative from the international community, who the conflicting parties have confidence in, can be called upon to act as a facilitator or negotiator. Additionally, a conflict can become internationalized when the security or economic dimension of the conflict has an impact beyond the territorial borders of the parties concerned, thereby drawing the attention of the international community.
12. Ultimately it is governments that must take the lead in negotiating such peace processes; however, they need to be supported by parliaments. Arriving at a peaceful resolution of any conflict will be made easier when the opposition is included in the process and the parliament can develop a cohesive parliamentary position across party lines. The hardening of attitudes by parliamentarians can be problematic; therefore it is prudent to have dispute resolution mechanisms in place to address valid concerns before individual parliamentarians harden their position.
13. Ultimately the three most important factors for government and parliament successfully resolving a conflict and building peace are: timing: any effort can only succeed when insurgent groups recognize they cannot succeed by force or government recognizes it cannot impose its will on others by force; a commitment by all parties to be patient and to work towards the end goal despite setbacks; and involvement of the media and civil society in the process - civil society and the media play an important role in building peace and must exercise their freedom of speech responsibility so as not to enflame the conflict.
The Role of the International Community in Conflict-Affected Countries - What Makes Peacebuilding Work
14. There is no one model for involvement by the international community in conflict-affected countries. Over the years, though, the international community has incrementally built up knowledge, through positive and negative experiences, as to what it can do to assist conflict resolution and peacebuilding processes. When working in conflict-affected countries the international community should be conscious that if there is a perception of excessive international intervention, their role could be construed as an attempt by the international community to impose its will on a sovereign government. Furthermore, the involvement of the international community may result in smaller parties, such as insurgent groups, feeling vulnerable or weakened if they perceives the international community is strengthening the sovereign government to its detriment. Either of these scenarios could potentially unsettle any peace process. For this reason the international community needs to be perceptive and try not to unleash forces opposed to the peace process through their involvement.
15. In addition to these cautionary lessons it is possible to draw some generic lessons as to when it is appropriate for the international community to proceed. The most fundamental lesson that has been learned is that whatever initiative is undertaken there needs to be a combination of national ownership and international support. Conflict-affected countries need to set priorities for themselves, and these priorities must be owned and driven by the people of the country. As such, one of the more important roles for the international community is to assist conflict-affected countries build up their capacity for strategic standard setting and cooperation.
16. Despite growing knowledge as to best practice with respect to the international community’s role in conflict-affected countries there is still much to be learned. The Secretary-General of the United Nations has sought to establish a peacebuilding commission and a standing fund for peacebuilding; the commission could be used as a forum for sharing analysis and developing objectives for the international community’s involvement in conflict-affected countries.
17. In addition to ensuring that initiatives are domestically driven, another lesson garnered from the international community’s experience has been the need for a long-term commitment by the international community to help conflict resolution and peacebuilding processes. If the international community fails to do the job properly it will cost far more in the long-term; therefore, the international community should be wary of ‘donor fatigue.’ A peacebuilding commission at the United Nations could also be used to maintain long-term international assistance in conflict- affected countries.
18. The international community faces a dilemma when assessing its role in conflict-affected countries as to whether it should be purposefully pursuing initiatives that promote its values, such as human rights compliance. Obviously, there is no definitive answer, however, the institutions that the international community often seek to encourage, whether they be related to governance or investment, are usually beneficial to the people of the conflict-affected countries.
19. There is a growing call by conflict-affected countries for greater cooperation by the international financial institutions in accessing resources to help promote economic development. The international financial institutions need to streamline their procedures so governments can access the resources they need to be able to focus on rebuilding their countries. International financial institutions and donors need to prioritize assistance that helps conflict-affected countries move towards an economy suitable for entry into a liberalized trade regime.
20. Debt forgiveness for conflict-affected countries is welcome; however, there are no guarantees that the money that would have had to have been repaid will be used for proper purposes. The international community needs to ensure that there are mechanisms for fiscal discipline so that the money that would have been used to pay debt will be put towards the work that needs to be done. Fiscal discipline can only be guaranteed if there is some form of accountability; parliaments need to be strengthened so that they can contribute to the decisions as to how these funds are spent and keep governments accountable. One of the best means of ensuring parliament can provide oversight over expenditure is by requiring the draft budget be brought before parliament and ensuring parliament has the capacity to provide proper oversight.
Global Parliamentary Cooperation in Promoting Socio-Economic Development and Peacebuilding
21. Globalization has acted as an impetus for greater cooperation on all fronts, whether in relation to curbing pollution, human trafficking or for security. Cooperation needs to occur at all levels and between all actors, including between parliaments and parliamentarians. This greater interdependence has resulted in a call for more global governance. In terms of supra-national governance the Europe Union (EU) is the most developed, but the operation of the EU is perceived as being undemocratic. The EU model is not suitable for every region around the world, but is an example of how there has been cooperation between states to create a parliament aimed at promoting socio-economic development and peacebuilding.
22. In addition to the European Union there are many regional organizations that have parliamentary assemblies as well as many parliamentary associations that have formed for an array of reasons, from regional groupings to networks of parliamentarians concerned about specific issues. This process has also led to the creation of parliamentary associations for the international institutions, such as the Parliamentary Network for the World Bank (PNOWB). The United Nations has been identified as one international organization parliamentarians find it difficult to engage with. For this reason a unit should be established at the United Nations to assist parliamentarians’ engagement.
23. The Cardoso Report, undertaken for the United Nations, recommends that as part of global parliamentary cooperation ministers traveling for international meetings should address parliament in the country they are visiting and when sending a national delegation to an international meeting, nations should involve parliamentarians who can attend the meeting as full participants. These initiatives would aid parliamentary cooperation.
Adequate Oversight of the Military, Police and Intelligence Services by Parliament
24. The military, police and intelligence services are three state institutions/ agencies that fall within the broader definition of the security sector. They are considered part of the security sector because they have the legitimate authority to use force, to order force or to threaten to use force. Examples of other agencies that fall within this definition of the security sector include paramilitary forces, presidential guards, military and civilian intelligence and security services, coast and border guards, and customs authorities.
25. This expanding definition of the security sector is in line with the broadening of the concept of security at an international level; most notably with the introduction of the concept of human security that was embraced by the High Level Panel and by the United Nations Secretary-General in his report entitled In Larger Freedom. The notion of human security acknowledges the interplay between security and development. Furthermore, there are increasing links between external and internal security issues as new threats to security (whether it be terrorism or environmental threats) are not primarily military, therefore cannot be countered by purely military capacity and know-how.
26. The evolving notion of human security and the broader definition of the security sector have alienated many parliamentarians who have shown great resistance to learning about the security sector. The lack of interest by parliamentarians may change; however, in the meantime the feeling that the security sector knows best inhibits the ability to develop good policy on the issue. Furthermore, the continued lack of engagement by parliaments hinders their ability to be able to provide oversight of the security sector.
27. Parliament plays a vital role in keeping the security sector accountable, both in terms of ensuring probity of decision-making and oversight of the security sector budget. There need to be strong parliamentary processes to guard against corruption, particularly with respect to procurement. Furthermore, the need for oversight differs depending on the country in question, but in conflict-affected countries oversight should also have regard to the actions of the security services, in particular the police, to ensure they are acting within their mandate and not provoking further unrest.
28. Calls for secrecy with respect to security sector information or reticence by the security sector to provide such information to parliament is unfounded. Obviously the security sector should keep its intelligence and operational plan for military operations secret; however, details with respect to defense and security planning should be freely furnished to parliament. Ultimately information relating to defense planning does not constitute a state secret and is often available via alternate sources – as such there is no justification for withholding this information from parliament. The objective is to avoid a system where there is no control over the security sector; however, in order for parliament to provide oversight the security sector must be forthcoming with the information parliament needs to keep the sector accountable.
Preventing Exclusion: Ensuring a Level Playing Field for Opposition Parties
29. There is no single model that can be implemented in order to create a level playing field for political parties. Preventing the exclusion of opposition parties is important because if you exclude opposition parties you are simultaneously excluding from the political process those people they represent. It is a foundational democratic principle that the minority respects the right of the majority to make decisions, so long as the majority respects the right of the minority to dissent. Ensuring a level playing field enables fair competition whilst providing the minority with the right to be represented and provide their dissenting opinion.
30. When seeking to establish a level playing field there are four topics that are of particular interest:
a. regulating political participation; the legal environment must support political parties. Laws should not act as a tool to restrict access to the political process for individuals or parties. For this reason the description of a party should be as broad as possible;
b. inclusive electoral process: there should be a multi-party approach to electoral administration, whether in the form of having representatives from all parties involved in the electoral administration or independent parties administering the electoral process. Vote monitoring by opposition parties should be permitted as well as free access to the media. Instead of using legislation to regulate the conduct of parties leading up to and during electoral processes, negotiations should be undertaken between all parties to develop codes of conduct for political participation;
c. use or abuse of state resources: a permanent and professional civil service should be nurtured in order to avert the use or abuse of state resources to undermine fair participation by opposition parties. There needs to be a clear demarcation between the work of the governing party and the executive. In addition, state resources need to be allocated to opposition parties in order for them to function, research and scrutinize the actions and policies of the governing party. Regulations with respect to the financing of political parties is important – if some resources are provided by the state and there is a limit on what you can spend it discourages corruption and the amount political parties need to raise;
d. a healthy and functioning legislature: a healthy legislature is often the product of an independent speaker. Usually the speaker comes from the ruling party, but they nevertheless need to be above partisan politics and should be open to engage in a consultation process with the opposition to set the legislative agenda. A healthy committee structure can also assist opposition groups level the playing field to a large extent. Committees are the forums in which opposition parties are often best able to contribute to deliberations on substantive issues.
31. You can implement the reforms above; however, successfully developing a more equal playing field is often dependent on the personalities present in the chamber. Some parliamentarians are more inclined to reach across the floor in a more inclusive approach to politics, whereby the opposition parties are accommodated in the conduct of parliament. Often this can manifest itself in the committee structure where likeminded parliamentarians, irrespective of the party which they belong to, can work together.
Drawing Upon the Human Resources, Traditions and Political Structures of Previous Regimes
32. The process of change from one regime to another is a very complex and difficult issue as it is not possible to suddenly sever continuity with the past without risking chaos and instability. Real change is best managed through a gradual but substantive change of the underlying purposes and aims of government and parliament.
33. In many countries divisions have led to serious and prolonged inter and intra-communal violence. Democracy is not so much agreeing across the gulf of such divisions, rather the model we use to express our disagreements without killing each other and resorting to violence. When a situation arises where politicians abuse their power and exercise it in their own interests rather than in the interests of the community they are often characterized as bad people, and any system that allowed them to take power must be a bad system. The solution to such a dilemma is, thus, to find good people to put into a good system. It is at this juncture in the conflict cycle that it is pertinent to consider to what extent governments and parliaments can draw upon the human resources, traditions and political structures of previous regimes.
34. Good government should seek to serve the entire community; it is contrary to this objective to simply clear out the people who belonged to previous human resources, traditions and political structures since these people are part of the whole community. Obviously some of the more prominent leaders would need to be removed and some people would need to make way in order to ensure the human resources reflect the composition of the community. However, there will always be some from the old regime who have a positive contribution to make to building and strengthening the new system. The aim should be to draw upon the good representatives from the old regime and good representatives from the new regime, who together can build competence and draw upon historical memory and ethics in order to craft a professional civil service, which gives their loyalty to parliament rather than the ruling party, and is governed by a civil service commission.
35. Political structures and procedures need to be able to accommodate the complex relationships that exist within the community. Such procedures and structures should build on those structures that are available by changing, adapting, adding to or transforming what is there, rather than abolishing everything and starting again. Every community has some traditional structures for dealing with violence and aggression, such as different forms of democracy, or it would not have survived as a community. The skill is to identify these structures and use or transform them rather than adopting foreign ways of doing things, which may have worked elsewhere, but not necessarily in the situation at hand. As such, including people from all elements of the community, with their history and traditions, and transforming the political structures which are available is the most productive means of bringing about lasting change.
Ensuring the Equitable Representation of Minorities and Women in Parliament
36. Parliament has the potential to act as a forum for airing concerns and seeking resolutions to problems before they escalate into violent conflict. In order to understand the problems facing society and to build a common vision to address these problems parliament needs to reflect the make-up of the community. If parliament is to better reflect the social, ethnic, religious, economic and gender differences in the community, parliament needs to ensure more equitable representation of minority groups and women. This end will only be achieved if government, political organizations and civil society work together to ensure that the parliamentarians reflect the composition of the divergent groups of people they represent.
37. Representative parliaments are in a far better position to work towards peace as they can develop a more inclusive vision for the country. The presence of women and minorities in parliament brings additional perspectives to deliberations and enables those representatives to contribute to the oversight of government and set the agenda for parliamentary business. This can be achieved by establishing specific committees, such as gender committees, or simply by having members of minority groups represented on general committees, such as the public accounts committee. For instance, anecdotal evidence suggests that women parliamentarians have an important role to play in developing gender sensitive budgets in some African nations, in particular ensuring the budget is more focused on positive outcomes and basics, such as food security.
38. Women and minority groups still face many challenges in entering public office. For instance unequal access to education and economic inequality serve as ongoing barriers to women and members of minority groups who want to enter parliament. Furthermore, political parties have to want to broaden their membership and provide opportunities for women and minority groups to enter parliament if their numbers are to increase. Sometimes the number of parliamentarians who are women or from minority groups can be facilitated through legislation requiring a percentage of women or a specific minority group, such as youth, to be nominated by any one party at each election or allocating specific seats in parliament for women and other minority groups.
Strategies for Parliaments in Conflict-Affected Countries to Improve Oversight of the Executive and Prioritize Development Needs
39. Parliaments in conflict-affected countries face an uphill battle in performing their function and often face a hostile executive who are used to exercising executive power relatively freely during times of conflict. Such governments are usually reticent to submit to the oversight of parliament during a conflict or in the post-conflict phase. The premise of parliamentary oversight is that government is about stewardship and someone must keep government focused on stewardship. In conflict-affected countries the onus rests with parliamentarians to improve the status and effectiveness of parliament so that they can keep government focused on stewardship.
40. If parliament is to perform its functions effectively it needs to posses a high level of independence, including an independent salary scheme and civil service support that has administrative independence from the rest of the civil service; these features are necessary preconditions to ensure that the executive cannot stand-over parliament.
41. There are a couple of ways in which parliaments in conflict-affected countries can improve oversight. The first strategy is to promote the role of speaker as a non-partisan position that should be given to a member who is willing and able to operate above partisan politics. Aside from needing to be non-partisan when conducting business on the floor of parliament and implementing standing orders, the speaker is also a pivotal agent who should protect the independence of parliament from interference from the executive. In situations where the executive seeks to impose its will on parliament, the speaker is the person who should respond to such interference by affirming parliament’s independence and proceeding to implement parliamentary business in accordance with parliament’s self prescribed agenda.
42. The second strategy for improving oversight is strengthening the committee structure. Parliamentary committees are powerful tools of oversight as they bring out spectacular information and governments are often timid in the face of well reasoned and researched reports produced by well resourced committees. Oversight in the context of where it matters is not an easy job though; often attempts by committees to provide oversight will be shunned or stalled by the government. It is also a costly process as the effectiveness of oversight committees are often dependent on sufficient administrative and research support.
43. Access to specialized parliamentary offices, such as a budget office, provides additional support, particularly with regard to very important but highly technical areas such as the financial or security sector. Such specialized offices ensure parliamentarians can properly oversee these important but complex areas of executive decision-making. From a donor perspective, providing assistance for the formation and operation of specialized parliamentary offices, such as a parliamentary budget office, strengthens established accountability structures, rather than developing parallel structures from scratch. Furthermore, the provision of project funds rather than budget support to the executive makes it far easier for parliament to oversee expenditure of donor funds as the executive is barred from moving the funds around.
44. Even if parliaments can strengthen their oversight capacity, the success of their oversight will still be dependent on the support shown by the public for parliament’s ongoing work. If the community is not interested in hearing about corrupt practices or the misdeeds of the government, there will be little incentive for the government to be responsive to the criticisms of parliament and government will continue to act as if it had impunity. Accordingly, it is important for parliamentarians to live up to the same standards of openness and accountability they hold the government to and then undertake outreach to the media and the community to explain the role of parliament, whilst facilitating the flow of information about parliamentary business so as to generate public support for their efforts.
Ensuring a Balanced Framework for a Free Media through Freedom of Information, Privacy, Defamation and Other Legislation
45. The media has a very important role to play in conflict-affected countries. The media’s most significant contributions include:
a. introducing divergent communities to each other. This can be done in many ways and is dependent on the media available; however, even informational and entertainment programs, such as soap operas, which portray people from all walks of life living and working together help break down misconceptions and animosities. The media can help deconstruct the ‘us’ and ‘them’ mentality that is a hurdle to reconciliation;
b. Helping to keep decision-makers accountable. There will always be an abuse of power in conflict scenarios. Conflict situations are a cocktail for corruption, specifically because decision-making is so often surrounded by secrecy; and
c. the media can facilitate dialogue surrounding decision-making.
46. Having outlined the role of the media in conflict-affected countries, it is prudent to examine the legal and regulatory environment necessary to facilitate the media fulfilling their role. Freedom of expression provides the freedom to seek, hear and impart ideas. Any restriction on human rights has to be proportional, for example defamation and hate speech laws are considered a proportional restriction on the exercise of freedom of expression. It should be noted though that hate speech is a symptom and passing legislation forbidding hate speech should not be in lieu of tackling the cause of the hate in the first place. With respect to defamation, the law should not require an individual to prove the truth of everything that is published. The standard should be that under the circumstances it is reasonable and in the public interest to have published the material.
47. Freedom of expression extends to the right of the public to access governmental information. Accordingly, government and parliament should facilitate the passage of access to information legislation. The presence of such legislation can play a very important role in leveling the playing field between the government and parliament and between the majority party and opposition. When determining whether to disclose information in response to a request for information under access to information legislation, the presumption should be in favor of disclosure.
48. National security is one of the most prevalent exceptions to the rule of disclosure. If government refuses to disclosure information requested under an access to information regime for national security reasons, the onus should be on the government to prove that disclosure of the information or document would harm the national interest. Furthermore, Official Secrets Acts or secrecy laws should not override access to information laws. Whistleblower protections should also be considered so as to encourage greater accountability. Transitional situations are always complicated; however, experience has taught us that you need to put up with some excesses of freedom of expression and that controlling the flow of information will not solve anything.
49. Politicians often cite media bias as the reason for their poor relationship with the media. These concerns often precipitate a call for greater regulation of the media industry. International standards suggest that if a country insists on regulation of the media industry, the regulator should be independent of government and parliament so as to guarantee the continued independence of the media. If the media does not remain independent its capacity to make a contribution to peacebuilding and good governance in conflict-affected countries will be hampered. Finally, parliament needs to show leadership by championing freedom of expression and leading by example by making parliamentary information, processes and procedures open and transparent.
The Promotion of the Rule of Law and Human Rights Legislation to Build Reconciliation
50. The period immediately after the cessation of violence often results in the establishment of some form of transitional government. Such transitional arrangements have three main benefits – they provide some semblance of structure and order after a period of anarchy or chaos; they provide all parties with more time to finalize more permanent arrangements; and their transitional nature ensures those who are not completely satisfied with the interim arrangements will have an incentive to stay within the process and seek to have their interests better represented in the final arrangements rather than returning to violent conflict.
51. Problems can arise, though, when those elected under an interim constitution seek to change the arrangements so as to extend the life of the interim government in order to complete a constitution-building process. This could be construed as an attempt to consolidate power, at the expense of the rule of law, and result in some actors withdrawing from the interim arrangements and jeopardizing the peace. Any attempt to move beyond the timetable or provisions of the interim arrangement should only be undertaken by consensus and with regard to the impact on a fragile peace.
52. An additional concern is that in the interim period the strengthened executive may seek to solve problems by, once again, resorting to violence. If the parliament is weak it may not be in a position to protest such a move.
53. Once a conflict-affected country has moved beyond the transitional period and has established a legitimate government, based on the rule of law, it is possible to turn to reconciling past antagonists. A method that has been employed in a number of conflict-affected countries has been the establishment of a reconciliation commission. Such a commission should be properly funded and should seek to make sure that no one feels excluded from the process. The focus of such procedures should be on the victims, with the aim of helping them move beyond the acts of aggression; as such reconciliation commissions should be a grass-roots effort.
Mitchell O’Brien
4 July 2005
Wilton Park Reports are brief summaries of the main points and conclusions of a conference. The reports reflect rapporteurs’ personal interpretation of proceedings – as such they do not constitute any institutional policy of Wilton Park nor do they necessarily represent the views of the rapporteurs.
IRAQ INSTITUTE FOR STRATEGIC STUDIES (IIST)
Hosted By London Middle East Institute (LMEI)
INVITES YOU TO A WORKSHOP ON
DEBATING THE DRAFT CONSTITUTION OF IRAQ:
WHAT SHOULD BE AMENDED BEFORE REFERENDUM?
The IIST is organizing a workshop/conference on the draft constitution submitted to the Iraq Constituent Assembly. Advocates of democracy, pluralism, federalism, bills of rights, women’s and minority rights should have a chance to voice their concerns and express their wishes. The workshop/conference will focus on one major question: What should be amended? A nationwide advocacy campaign will follow to inform political actors and legislators and amend the constitution.
9-10 September 2005-08-17
London University, SOAS, Brunei Building, Room B102
Day One: Workshop, Constitutional experts’ views and community discussion
9 September (Friday, Afternoon)
4.30 p.m. Registration
5-8 p.m. Two Sessions
Day Two: Communities’ Concerns and Recommendation
10 September (Saturday)
First Session 11-2.00 p.m. Views
Second Session 4-6 p.m. Recommendations for amendment
Contact phone numbers: 0208 5780600; (mobile: 0795 104 3371);
(mobile) 0790567897; 02075392209; 07952790016
Contact e-mail address: flaeh1@btopenworld.com; saadkt3@yahoo.com
Nearest Tubes: Russell Square (Piccadilly line), and Tottenham Court Road (Central line)
Rules of Contribution
1- On Day One we will all listen to constitutional experts. They will try to develop a comparative view on the Draft Constitution.
All participants are invited to ask and/or comment to develop major thematic points. Questions will have 3 minutes; comments will have five minutes each.
2- Day Two, Session One:
Representatives of groups and communities will present 7-10 minutes each
on a basic question: What is wrong with the Draft from the specific
interest/view of each group or community..
3- Day Two: Session two: Another set of representatives of the same groups/communities would present a specific proposal to amend the constitution in line with their interests and values. Each proposal should be written and presented in Five minutes, to allow for as much proposals as possible.
4- Each interest group or community will be represented by a minimum of five participants. Larger participation is welcomed.
UNISON NEWS
------------------------------------------------------------------------
(22/8/05) The new Iraqi government is attempting to control trade union activity by overturning an agreement that allowed them to operate without any undue interference or harassment from the state.
A new decree adopted by the Iraqi Council of Ministers stated that the government would be ‘taking control of all monies belonging to the trade unions to prevent them from dispensing any such monies.’
The decree also says that a new paper on how trade unions should function, operate and organise will be prepared.
In a letter to the foreign secretary Jack Straw, UNISON general secretary Dave Prentis said the decree represents a major attack on the ability of independent and democratic trade unions to organise.
He pointed out that under the former agreement trade union issues were the responsibility of the Labour and Social Rights Committee whereas now the responsibility has been transferred to a new committee which will include a number of government ministers, but not the employment and social affairs minister.
“I am concerned that this decree, and especially the measures relating to trade union financial assets, is an attempt to curb the growth of free trade unions in Iraq,” said Prentis.
“On behalf of UNISON I would request that you raise this matter with the Iraqi authorities at the first possible occasion.”
THE IRAQ INSTITUTE FOR STRATEGIC STUDIES (IIST) invites you to a workshop:
DEBATING THE DRAFT CONSTITUTION OF IRAQ:
WHAT SHOULD BE AMENDED BEFORE REFERENDUM?
9-10 September 2005-08-17
London University,
SOAS, Brunei Building
The IIST is organizing a workshop/conference on the draft constitution submitted to the Iraq Constituent Assembly.
Advocates of democracy, pluralism, federalism, bills of rights, women’s and minority rights should have a chance to voice their concerns and express their wishes.
The workshop/conference will focus on one major question: What should be amended?
A nationwide advocacy campaign will follow to inform political actors and legislators and amend the constitution.
Day One: Workshop, Constitutional experts’ views and community discussion
9 September (Friday, Afternoon)
4.30 p.m. Registration
5-8 p.m. Two Sessions
Day Two: Communities’ Concerns and Recommendation
10 September (Saturday)
First Session 11-2.00 p.m. Views
Second Session 4-6 p.m. Recommendations for amendment
Contact phone numbers: 0208 5780600; (mobile: 0795 104 3371); (mobile) 0795 279
Contact e-mail address: flaeh1@btopenworld.com; saadkt3@yahoo.com
A US military helicopter indiscriminently attacked workers without any justification gathered in Alawi Al-Hilla district in Baghdad on 15 August 2005, where the Transport and Communication Workers' Union has its head office injuring 26 workers who were taken to hospital.
IFTU strongly condemns this act of violence and is calling on the American miliitary forces in iraq to issue an apology and compensate injured workers.
IFTU is also calling upon Iraq's transitional government to investigate this incident and demand that such incident must not be repeated again by US forces.
IFTU
Baghdad 17 August 2005
UNISON News: 18/8/05 - The trade union movement in Iraq is growing by the day, despite the threats to the lives of union activists – and with the help of UNISON.
UNISON staff have just returned from Jordan and the first session in a one-year programme of training for Iraqi unionists, in the day-to-day skills required of union reps.
“It was brilliant, a real success,” said international officer Nick Crook. “The dedication of these people is incredible. Actually, it’s quite humbling.”
The risks for anyone trying to organise, or join a union in post-Saddam Iraq are very real. In January, the international secretary of the Iraqi Federation of Trade Unions (IFTU) was brutally tortured in his family home in Baghdad, before being shot.
Since then there have been attacks on numerous trade union members, including a number of train drivers.
“Local reps are in danger from both sides of the divide,” said Crook. “From the Saddam security forces, because unionists are seen as part of the new democratic Iraq that they are trying to disrupt. And from the religious fundamentalists, who see them as being anti-Islamic.
“But they even get hassle from the occupying forces,” he added, “because the Americans don’t like trade unionists either.”
Because of the threat, the UNISON course was held in Amman, which was safer both for the UNISON officers and the 20 Iraqi unionists on the course – 10 from the IFTU and 10 from the Iraqi Teachers Union.
Crook and two members of UNISON’s learning and organising services, Louise Chinnery and Pam Johnson, based the course on the union’s own lay tutor scheme, geared towards training UNISON members to themselves use education methods to run branch-based training and organising.
“Essentially, it’s a series of courses to train the trainers,” said Crook. “In this case we were helping the Iraqis develop their own training in such things as recruitment, workplace and negotiation skills.
“One problem they have is that they can’t organise public meetings, because they pose a security threat. So we are also training them how to conduct small-scale workplace meetings and one-on-ones - which are actually good ways to go in and talk to people.”
Unions are already starting to flex their muscles in their country, according to Crook. Railway, hotel and airport workers have taken industrial action in protest at the physical threats to members, as well as more traditional workplace concerns. “It has shown that they are capable of organising,” he said.
Personnel Today: 19 August 2005 10:30
The trade union movement in Iraq is growing by the day, despite the threats to the lives of union activists, according to British unionists training Iraqi reps.
Unison staff have just returned from Jordan and the first session in a one-year programme of training for Iraqi unionists, in the day-to-day skills required of union reps.
Twenty Iraqi unionists were on the course – 10 from the Iraqi Federation of Trade Unions (IFTU) and 10 from the Iraqi Teachers Union.
Because of the threat to trade unionists from insurgents, fundamentalists and even American forces, the Unison course was held in the city of Amman in Jordan.
“It was brilliant, a real success,” said international officer Nick Crook. “The dedication of these people is incredible. Actually, it’s quite humbling.”
The risks for anyone trying to organise or join a union in post-Saddam Iraq are very real. In January, the international secretary of the IFTU was brutally tortured in his family home in Baghdad, before being shot.
Since then there have been attacks on numerous trade union members, including a number of train drivers.
Author: Michael Millar
The IFTU met recently with the head of the United Nations Support Team to the Drafting Committee for the new draft Constitution of the Federal Republic of Iraq, Mr Justin Alexander.
The meeting took place on Thursday 11 August 2005 at 14.00 hours Baghdad time in the Palace of congress in Baghdad. Representing the IFTU at the meeting were; Abdullah Muhsin (IFTU International Representative), Adnan Rashid (IFTU Executive Committee member and editor of IFTU’s weekly newspaper, ‘Workers’ Unity’), Ghasib Hassan (IFTU Executive Committee member and former President of Railway and Airline Workers’ Union).
The IFTU had requested the meeting because of mounting concern among workers’ organisations in Iraq that the work of the Drafting Committee is not respecting key International Labour Organisation (ILO) Conventions that have been the cornerstone of the IFTU’s campaign for workers’ rights in a modern democratic and federal Iraq.
The IFTU drew the UN Support Team’s attention to four discrete areas within the draft Constitution, which has changed frequently in recent weeks and which according to the IFTU in its current draft fails to adequately address the justified concerns of its members. These are;
1. Rights of Children: IFTU wishes to insist on the rights of Children aged younger than 16 years of age, not to be allowed to work and to have a full education. IFTU expressed its concern that the draft Constitution made general references to the rights of children without defining at what age these rights apply. In IFTU’s estimation this is a serious weakness, which would have the effect of undermining future attempts to improve the terrible situation for Iraqi children.
2. Right to Strike: IFTU expressed its strong dismay that an explicit Constitutional right of workers to take strike action has been removed from the draft version of the Constitution, although such a right exists in the current Transitional Administrative Law. The draft Constitution refers only to the right of workers to representation, without defining the right of workers to join or form the trade union representation of their choice, or as mentioned the right to withdraw their labour.
3. Rights of Women: IFTU made clear the complete opposition of the trade union to any attempt to revive the notorious Decree 137, which sought to remove the fundamental human rights of women in the name of imposing sharia law. Womens’ rights to marriage, divorce, to own property, inherit and pass on property to their children and others, to access education at all levels, to work and to play a full part in all aspects of civil society and political life must be guaranteed in the Constitution of a modern democratic, federal Iraq.
4. Separation of Politics and Religion: IFTU insists on the complete separation of the powers and authority of ‘the mosque’ from the constitutional state law. Freedom to practice religion must be guaranteed by the Constitution. The Constitution should not take Islam as its sole source of legitimacy.
Following the meeting between IFTU and the UN Support Team, a further meeting was arranged between IFTU and the Head of the Drafting Committee, in order for the IFTU to formerly place on record its position on the draft Constitution. This meeting took place on Saturday 13 August, 2005.
Workshop in Britain On Women and the Constitution
The Iraqi Women’s League branch in Britain organized a study workshop as part of its program entitled “Women and the Forthcoming Constitution”. It had earlier held a public meeting, with two speakers: Mrs Bushra Purto and Dr Reyadh al-Zuhairy, that dealt with issue concerning the constitution and state administration.
The Workshop, held on 3 July 2005, hosted a group of experts in the field of international and Iraqi law, in addition to figures who are active in culture and media, and activists in women movement.
Three main topics were discussed: state administration, Personal Status Law, and Labour Law and social security.
Discussions dealt with views about hopes for the new constitution, and the laws that will be governing Iraqi society in general and women in particular. Special attention was paid to women issues in this respect.
The Workshop produced a number of opinions and proposals, that were legally formulated by participating experts, with the aim of presenting then as recommendations to the constitution drafting committee in Iraq. Proposals regarding Personal Status Law and Labour Law will presented to the National Assembly. Iraqi Women’s League branch in Britain will continue its afore-mentioned program with the aim of supporting efforts to draft a secular and modern constitution that is in line with the present era.
Tareeq Al-Shaab: No. 110 - Year 70, 24 July 2005
Women’s Picket in Baghdad
Demanding Rights in Constitution
Activists in the field of women rights, representing a number of NGOs, organized a picket in Furdaws Square in central Baghdad on 22 July 2005.
They called for a constitution that upholds citizenship right, the law, equality, ensuring woman’s human rights, banning all forms of discrimination and violence against women, and guaranteeing women participation at no less than 40% in all positions of decision making, and to endorse international covenants and agreements of human rights.
They rejected specifying a limited time for the women participation quota in decision-making positions. They also expressed concern regarding the possibility of bringing back to life Decree 137 in the Constitution.
Iraqi Women Fight for Rights in the New Constitution
Tareeq Al-Shaab: 4 August 2005
Iraqi Women Call for Guaranteeing Women Rights in the Constitution
A meeting of women was held on Tuesday )2 August 2005) at the Convention Centre in Baghdad, and the following statement was issued at its conclusion:
"After discussing the issue of women in the Iraqi draft constitution, which has been recently put forward for national dialogue, a group of Iraqi women that represents Iraqi societal spectrum, agreed on the need for guaranteeing women rights in the constitution as an essential part of guaranteeing human rights of all members of Iraqi society and to achieve the principle of equality for all, irrespective of gender, race, religion, sect, or any other consideration outside the principle of citizenship.
Our aspirations for a democratic future for Iraq, where citizens enjoy equal rights regardless of gender, compel us to put forward the following recommendations:
1- Islamic law is to be considered one of the sources of legislation.
2- Abiding by all international covenants and agreements that regulate human rights and women and children rights, as well as those with special needs and that they should be regarded as a source for legislation.
3- To continue to abide by the percentage of women representation, such that it is no less than 25% in the three branches of power and decision making centres. This quota should be confined to a limited period.
4- Not to include any clause in the constitution that promotes ideological, religious, nationalist and sectarian bigotry.
5- Prohibiting the practice of any form of violence against women."
TUC: 2 August 2005
Iraqi unions: TUC asks British unions to 'match their courage with our cash!'
British unions are being called on to step up efforts to help their Iraqi and Kurdish colleagues by donating money to the TUC Aid for Iraq appeal. The call comes as the TUC publishes Unions in Iraq, the report of a solidarity conference held in February ( http://www.tuc.org.uk/international/tuc-10310-f0.cfm )
The conference heard from Iraqi and Kurdish union leaders about the problems they face and the help that they need, and also from unions in Britain and abroad about what is already being done. Key needs identified were:
* trade union education and training;
* advice on developing labour laws; and
* solidarity visits and invitations to visit Britain.
The TUC Iraq Solidarity Committee, chaired by General Councillor and NASUWT Treasurer Sue Rogers, has already agreed to support a project helping the Iraqi journalists’ union to develop an independent news media in Iraq, and there are plans to bring an Iraqi and Kurdish teachers’ union delegation to Britain for International Education Week in November.
A full programme of solidarity work, including arrangements for visits, twinning, education and logistical support (buildings, communications technology and materials) was also discussed at the conference and detailed planning is underway.
But this work requires funds, and the TUC is calling on affiliated unions to donate money to the TUC Aid for Iraq appeal, which can be done direct to the TUC or online at http://www.tuc.org.uk/international/index.cfm?mins=376
TUC Deputy General Secretary Frances O’Grady said: 'Iraqi and Kurdish unions need all the support we can give - this is a chance to make a real difference and help our brothers and sisters rebuild their movement. Now is the time to match their courage with our cash!'
Zuhair Al-Jazairy, Iraqi Journalists’ Union
Newspapers are obviously very important in any society, but probably more so for Iraq in its current position. Pre-occupation there was only one newspaper - Ba’athist propaganda - but now there are approximately 115 newspapers. The public is not used to so much choice and are not sure what to trust.
Most old-wave journalists have returned from exile; they come mainly from intellectual/literary backgrounds. Many were trained in the propaganda-era and are not used to challenging authority. They were exiled in 3 waves, firstly during the Ba’athification of Iraq, later during Iran-Iraq War and finally during the UN Sanctions. On the other side, most new-wave journalists have very little experience of journalism. But they are a new generation, with a different culture.
Global media companies pose major problems because they can and do employ Iraqi media personnel to report for them for far greater pay than local newspapers. This is dangerous work, in a time of transition.
There is a ‘hidden militia’, i.e. tribal and religious groups that target newspapers and staff. Correspondents and journalists must avoid being targeted and kidnapped. For this reason one needs to temper language when writing about these groups. Companies, when criticised, can hire militias to target media personnel. There is also a threat from the US military, if you are seen as anti-Iraqi-journalists. Journalists have been shot by US snipers, dubbed ‘unknown killers’ and no investigations take place.
Theoretically journalists are now free to criticise the current authorities, the US military and Iraqi Government, but there is no guarantee of this freedom as it could be withdrawn at any time as this right is not protected by law.
At military press conferences, journalists who are not sympathetic to authorities have been accused of ‘encouraging violence’. But there is a fine line between freedom and responsibility. There is a responsibility not to inflame hostilities with an armed population - careless reporting could create large-scale internal conflict.
There can be no free and independent trade unions without free and independent media and there is no guarantee of this - 'one person’s terrorist is another person’s freedom fighter.'
Journalism is still considered a good profession, especially for women. Female journalists (wearing headscarves) have been sent to Fallujah safely as they have sensitivity and are treated respectfully by militias.
Broadcast journalists used to also be covered by this union, but they will probably be separate in the future
There was a change of leadership after discovery of financial corruption and of government involvement in the selection of new committee members. The present government does not have experience of labour relations and there is currently no mechanism or structure to lobby government with. We need to be deciding for ourselves how we want the union to develop.
Ali Shari Ali, Iraq Teachers’ Union
Ali stressed that his union was non-political and boasted 400,000 members, 75,000 in Baghdad. The union had shed its Ba’athist association post-Saddam. A primary committee was formed on 1 May 2003 with 2 branches in Baghdad. Ali recognised that women had a pivotal part to play in the reconstruction of Iraq as they made up a third of the Teachers’ Union membership.
In July 2003 a conference resulted in media coverage and a marketing drive for increasing union operations - it included producing union booklets, issuing a monthly newspaper, organising art exhibitions and the active sharing of festivals (at the National Theatre in Baghdad and on International Children’s Day).
This was a huge success - people who had been expelled from the union or had left through fear began returning: 30,000 teachers have returned to their jobs.
British colleagues were invited to visit schools and institutions in Iraq to see how reconstruction was progressing.
Tens of acres of land that was previously used by the military and security forces are now being used to build houses for teachers and their families. The following are also priorities:
* subsidised IT courses;
* trade union conferences;
* a modern education system;
* abolition of corporal punishment; and
* a focus on children’s rights.
What is needed?
* the reconstruction of buildings is paramount in getting unions back on their feet;
* training in trade union activities;
* sponsorship by the British government for trade unionists to take higher degrees;
* sponsorship and assistance to create a cultural centre in Kurdistan;
* colleges and academics here to get involved in sponsorship;
* modern education courses, that can be web-based and available online;
* introduction of citizenship and human rights as subject areas in the core curriculum; and
* a conference and workshops on human rights, organised by the Ministry of Culture.
The general election was referred to as the ‘scent of democracy and liberty’.
The 1987 law banning trade unions should be repealed and a new labour code should be established.
Attacks by extremists were seen as an obstacle to organising as many were afraid to join trade unions or attend meeting because of intimidation.
Extremists were feeding on unemployment so it is imperative that employment is seen as a priority.
Questions and comments from delegates
It was noted that the Teachers’ Union had been a front organisation for Saddam and wondered what changes had occurred. Ali responded that the union had collapsed with the regime and everything stolen or destroyed. The union had begun completely anew with voluntary help from members. The old regime had gone and with it the corruption. The Teachers’ Union was looking forward and recruiting for a free, multicultural organisation.
A question was asked about unity. The movement was being built across Iraq and embraced all cities and all workers. Organising in Kurdistan was not only for Kurds. The movement supported pluralism so people were free to join any trade union.
It was noted that language would be a barrier to providing direct training.
One delegate asked when the new draft labour code might be passed. He was told that it was going to be put to the incoming assembly for ratification. The Federation had problems with some articles and these reservations would be put to the ICFTU and ILO.
One person who had spent time in Iraq on active duty during the Gulf War said he was pleased with the statistics on the increase in teacher and student numbers since 1993. He aimed to visit Iraq to observe developments as well as to enjoy the ‘wonderful’ tourist opportunities!
Hangaw Abdulla Khan, President of Kurdish Union Federation
An initial background on the trade union movement in Kurdistan and the areas of operation was given. There are six trade unions in Iraqi Kurdistan affiliated to the Federation covering transport, construction and other trades. Membership stands at 100,000 (card holders). All the Federation’s revenue is generated from membership fees.
In 1991, two sanctions were imposed on Kurdistan: one by the UN alongside the creation of a ‘safe haven’ and a second sanction was introduced by Saddam because of the UN safe haven. During this period, villages were destroyed, causing a mass exodus of young people.
In 1992 a regional government was granted to the area. The Federation formed openly and was able to operate without interference. Civil society organisations were established free from state intervention.
Khan appealed to trade unionists in Britain to support the movement in Iraq Kurdistan. He made an open invitation to British colleagues to see the achievements that have been made in recent times. He said the region was safe for people to visit and encouraged people to come as tourists, as investment was badly needed and unemployment was high. He conveyed special thanks to the Fire Brigades Union for the donations that they made. He said the money had been distributed to the five governance areas to assist in building capacity.
What is needed?
* assistance for reconstruction: trade union buildings are still shells; in addition to buildings, equipment and furniture are needed, especially computers, cars and faxes;
* a cultural and training centre; and
* training in Iraq/Kurdistan and abroad.
Harry Barnes MP, Labour Friends of Iraq Joint President
Everyone here is interested in assisting Iraqi unions but there are many in the labour movement who don’t even know that there are trade unions in Iraq. We have to get this message across and increase action in their support.
Everyone here knows their history from how the Labour Representation Committee was formed when initially only two Labour MPs were elected, the Taff Vale and Osborne judgements against the trade unions and so on.
The Iraqi movement also has its history from organising the docks and oil industry after the First World War to the organisation of intellectual forces such as doctors and teachers, to the overthrow of the feudal monarchical system in 1958 by the Free Officers’ Movement with popular support.
Iraq was influenced by the UK until the Baghdad Pact in 1955. I was a soldier on national service in Basra in 1955/6. Back then a million people marched on the May Day march in 1959 out of a population of about 14 million people.
But then there was a series of coups and counter-coups which led to Saddam’s totalitarian state and his controlled yellow unions. Public sector unions were banned and union leaders were tortured and murdered. Clandestine networks were established. They opposed the war and thought there were internally based alternatives. It is better for people themselves in struggle to create their own futures.
The Ba’athist laws continue. Trade unions in the public sector are technically illegal and there is a need for new laws to allow trade union activity. But freedom of organisation and association are threatened by terrorists as we saw with the terrible murder of Hadi Saleh.
The unions also face the problem of rip-off capitalism being imposed as it was in Russia after the fall of communism. The unions need training in industrial relations as well as computers and mobiles.
The elections present the beginnings of real possibilities for change with, in relation to the foreign troops, Iraq and its Parliament defining what they want. But democracy is more than voting; it is about the rights of unions, women, youth and ex-prisoners groups to speak out. As groups will for better schools and hospitals.
We have set up Labour Friends of Iraq to help provide solidarity with such groups as they take control over their own lives. And change in Iraq can lead to change in the whole of the Middle East.
Walid Hamdan, International Labour Organisation
Thank you very much for having invited me to this conference in solidarity with the workers of Iraq.
Many people in the Arab region still believe that we must rely on governments to bring about change. It is now apparent that the most important changes can only be bought about by ourselves: the people. In strong, independent, democratic trade unions, lies the essential force to effect change in Iraq, in the Arab region and in the world.
The Iraqi trade union movement, with the support of the international trade union movement, has an opportunity to use the clear international consensus to promote the active participation of Iraqi workers in shaping a free and united Iraq. An Iraq where no one is marginalised on the basis of race, religion or political views. An Iraq that can avoid the ugly risks of internal religious or ethnic conflicts that are so profoundly damaging to the dreams of ordinary Iraqi people.
Of course, your active participation in the economic and social debate will largely depend on your political will for real changes, and the strategies and structures you put in place to deal with them. But without a democratic and independent trade union movement, the Iraq we all envision will be unattainable.
However, in Iraq, we should keep in mind that we are dealing with a situation that has been described as ‘tough and lethal’. We are dealing with a society that is fighting against both old and new tyrannies; against brutal and inhuman practices that actively aim to kill the hope of all those who dare to believe in a better future for Iraq. It is still fighting against poverty, unemployment, exclusion, reduced social protection and diminished sovereignty and respect for human rights.
And let’s not forget that many Iraqis still fight what they consider to be the continued occupation of their country, and the concomitant impediment to security, prosperity and progress. One recent UNDP Report on Human Development states that development, 'is the process of expanding choices…nothing hinders development more than subjecting a people to foreign occupation.'
Workers in Iraq are in a weak position; levels of union membership remain low; styles of management need to be revisited; union impact on public policies remain undetectable; and if independence is to be promoted and fortified, the nature of political alliances and allegiances need to be thoroughly reassessed.
Trade unions are essential to democratic stability; they are vehicles not only for expressing, but also structuring workers’ concerns. Labour weakness in the initial stages of democratisation may have profound political implications. Some sociologists conjecture that without unions, workers’ anger can be particularly open to mobilisation by extremist agendas.
We must endeavour to build the capacity of unions in Iraq so workers are not left on the sidelines, watching passively as new elites restructure the national economy in line with fashionable neo-liberal trends, which threaten regulation, participation and equality. We must support them to counter attempts to make them ineffective and marginalised.
We at the ILO are committed to providing every assistance to the workers of Iraq. We are ready to join forces with the TUC, the ICFTU, the Solidarity Center, and the free international union movement in a consolidated effort to help the Iraqi workers build independent and democratic unions that are capable of taking up their role as a democratic force. We are ready to provide assistance in:
* developing and promoting mechanisms essential for the efficiency for social dialogue and industrial relations;
* organising weak spots: agriculture, the informal sector, women; and
* improving workers’ education and skills capacities to enhance participation in economic and social debate.
Iraq is changing; let’s help our Iraqi brothers and sisters take a lead in building the new democratic Iraq - where security concerns are not limited to policing and armies, but extended to the security from deprivation, from poverty, from marginalisation; for the rule of law and the upholding of human rights. Without these securities, we increase the risk of something that has been especially clear since September 11, a form of extremism and fundamentalist clashes that knows no borders.
Unions in Iraq: what British unions can do to help
Report of a conference held on Monday, 14 February 2005 in Congress House.
Contents:
Workshops on Iraqi trade unions
What unions are doing and what more can we do?
* Glossary
* Pre-conference press release
* TUC Iraq Solidarity Committee