The delegation that presents this memorandum to the Workers Group of the International Labour Organisation (ILO) represents the "International Campaign Against the Occupation and for Labour Rights in Iraq."

This campaign was launched at an international meeting in defence of ILO conventions, in June 2003, by US Labor Against the War (USLAW), the International Confederation of Arab Trade Unions (ICATU), and the International Liaison Committee of Workers and Peoples (ILC).

We have been opposed to the war and remain opposed to the war and to the U.S.-led occupation of Iraq. On behalf of democracy, we decided last June to launch a global campaign for the recognition of labour rights in Iraq. This is the purpose of the memorandum we are presenting to the ILO today, March 15, 2004.

* Considering that the reconstruction of Iraq and the introduction of democratic self-rule will only succeed if the Iraqi people themselves exercise their sovereignty to develop the reconstruction process as they see fit;

* Considering that this is especially true with regard to Iraq's workers, most of whom are currently unemployed and who fear that their economic well-being has been taken out of their control and in fact depends on the occupying forces;

* Considering that it is the people of Iraq themselves who must be in charge of drafting their own Constitution and their own laws, including their own labour law and the dispositions providing for the right to unemployment benefits;

* Considering that the Iraqi workers fear that the decisions made by the occupying forces, particularly in the economic field with the privatisation, would continue the plundering of the Iraqi resources by the multinational corporations;

* Considering that it is the Iraqi workers with their duly elected representatives who should formulate their demands towards the elaboration of a labour law, which can only be written in Iraq by the Iraqi workers themselves;

* Considering that at the last annual ILO assembly, in June 2003, the ILO Workers Group adopted a statement which says : 

"The Workers Group believes that in the rehabilitation exercise, support must be provided for all the people of Iraq, especially the poor, the disabled, and vulnerable groups. The Group calls for the immediate resumption of work for all Iraqi workers, with due protection for their wages. It also demands that the oil resources of Iraq be used solely by the people of Iraq and exclusively for their benefit.

"In the new Iraq, there must be, consistent with ILO standards, full freedom of association, guaranteeing the Iraqi workers the right to organise and to bargain collectively; there must be democracy with full civil liberties, permitting trade unions to choose their own leadership independently and without interference; there must be  the right to self-determination by the Iraqi people."

* Considering that none of the demands of the Workers Group expressed in June 2003 have been fulfilled;

* Considering that the Conventions of the ILO and more specifically Conventions 87 and 98 providing for the right to organise and join the union of one's own choosing, the right to bargain collectively, have been ignored and therefore should be enforced for all the workers in Iraq as well as all over the world;

* Considering that it is in the interest of the workers all over the world and the workers in Iraq to exert mutual solidarity;

* Considering that the war and occupation of Iraq have resulted in extremely hazardous working conditions in Iraq and the widespread violation of internationally recognised Convention 138 against child labour;

We present a series of documents containing:

- The documents that were collected by the international independent delegation which travelled in occupied Iraq in October 2003. These documents were collected by the international delegation and circulated to the international labour movement -- in particular in the United States, where they were presented at a national assembly organised by USLAW in October 2003 and also at the AFL-CIO headquarters in February 2004.

- The documents of the Union of the Unemployed in Iraq (UUI) and of the Federation of Workers Councils and Trade Unions in Iraq (FWCUI). These documents were presented to the regional representative of the ILO in Beirut.

We also present the Draft Labour Law proposed by the Federation of Workers Councils and Trade Unions in Iraq (FWCUI), as well as the report "The corporate invasion of Iraq",  which was compiled by USLAW and which gives evidence that the multinational corporations operating in Iraq violate labour rights as they violate other laws in the United States.

Other documents which may have been collected by and which may be in the possession of the ILO are also part of the documents we have submitted.

All these documents reveal the dreadful living conditions of the Iraqi workers and establish that more than 70% of the workforce are unemployed.

These documents give evidence that today the right to strike, the right to affiliate to the union of one's own choosing, the right to negotiate and the right to bargain collectively do not exist in Iraq.

These documents give evidence that organisations that were set up by the Iraqi workers themselves are not recognised and that Iraqi workers have been threatened and attacked for striking.

They give evidence that the shameful law passed by Saddam Hussein in 1987 banning the right to strike in all public enterprises has not been repealed.

The facts clearly establish that ILO conventions 87 and 98 are not respected: On January 27th, 2004, the occupying authorities decided to give full recognition to one union federation with the Public order N°3, therefore declaring or implying that the others are illegal.

We are asking the five following questions:

* Is it not a violation of Articles 1 & 2 of ILO Convention 87, which stipulate respectively that "workers and employees without any distinction have the right without prior authorisation to set up organisations of their own choosing as well as the right to join these organisations" (Article1) and "workers and employees organisations have a right to elaborate their rule book and to elect freely their representatives" (Article 2)? 

* Is it not a violation of Article 3 of Convention 87, which stipulates that, "public authorities must abstain from any interference, any act restricting those rights or at preventing the legal exercise of these rights"?

* Is it not a violation of Article 1 of Convention 98, which stipulates that, "The organisations of workers and employees must be adequately protected against any mutual interference when for instance company managers threaten to dismiss workers for joining unions which are considered illegal"?

*  Is it not a violation of ILO Convention 87 when trade unionists are sent to jail because of their activities and when their union offices are invaded by the authorities?

*  Is it not a violation of ILO Convention 98 when the authorities take the right to decide which organisations should be recognised and so doing choose who should be negotiating?

Being informed that the Ministry of Labour in Iraq signed a "cooperative agreement" with the ILO, we request that these documents be made public.

We are addressing the International Labour Office and its Workers Group a demand formulated by the Iraqi workers and their trade unions in line with the demands of the international labour movement requesting that the ILO conduct a full investigation of the violations of ILO Conventions 87 and 98 and the situation of the workers of Iraq so that the full and documented report establishing all the facts be presented to the delegates at the next yearly assembly of the ILO in June 2004.

We request that the ILO use all its authority and its prerogatives so as to ensure that ILO Convention 87 and Convention 98 are fully enforced in Iraq.

It is our intention to respect the prerogatives of all workers' organisations in Iraq and all over the world and to support the rights of workers in Iraq.  We are not in competition with any organisation; the aim of our campaign, in full respect of the prerogatives of each organisation, is to provide a contribution to the struggle for workers' rights in Iraq, which are part and parcel of democracy.

The delegation:

- Gene BRUSKIN, co-convenor, US Labor Against War (USA)

- Daniel GLUCKSTEIN, International coordinator of the International Liaison Committee of Workers and Peoples

- Falah ALWAN, President of the Federation of Workers Councils and Trade Unions in Iraq (FWCUI)

- Khadije EL HUSAINI, International Confederation of Arab Trade Unions (ICATU)

- Aso JABBAR, Union of Unemployed in Iraq (UUI)

- Olivier DORIANE, International Liaison Committee (ILC), France

Jean-Pierre BARROIS, Member of the delegation that went to Iraq in October 2003, (France)

- Luis BLANCO, Trade union officer of the Federation of Steelworkers (FTMH) (Switzerland)

- Luc DELEY, Hosting committee for the Conferences in Defence of ILO conventions (Switzerland)

Max ROBERT, Hosting committee for the conferences in defence of ILO conventions (Switzerland)

I endorse publicly this Memorandum

[    ]   In my own capacity

[    ]   In the name of my organisation

[    ]   I will send a cheque for ____ euros/dollars to help defray the outstanding expenses of the international labor delegation to Iraq.*

Name:

Address

City 

State

Country

E- Mail

Telephone/Fax

Organisation:

Capacity:

[* Your financial assistance is needed urgently. Please make your cheques in Euros payable to "CMO" and send them to Entente International des Travailleurs, 87, Rue du Faubourg St. Denis, Paris 75010, France. All cheques in U.S. dollars should be made payable to "OWC" and sent to OWC, c/o San Francisco Labor Council, 1188 Franklin St. #203, San Francisco, CA 94109. Please Geneva delegation on your cheques.]

APPEAL from the international Delegation

Our delegation was composed of Gene BRUSKIN, co-convenor, US Labor Against War (USA);  Daniel GLUCKSTEIN, International coordinator of the International Liaison Committee of Workers and Peoples (ILC); Falah ALWAN, President of the Federation of Workers Councils and Trade Unions in Iraq (FWCUI); Khadije EL HUSAINI, International Confederation of Arab Trade Unions (ICATU); Aso JABBAR, Union of Unemployed in Iraq (UUI); Olivier DORIANE, International Liaison Committee (ILC), France; Jean-Pierre BARROIS, Member of the delegation that went to Iraq in October 2003, (France); Max ROBERT, Hosting committee for the conferences in defence of ILO conventions (Switzerland).

Today, March 15, 2004, an international delegation was received by the ILO in Geneva, on the eve of the commemoration of the first bombings of Iraq, which took place on March 20, 2003.

We call upon all the workers, all the organisations that opposed the war:

We call upon all those who are going to participate in the demonstrations of March 20, 2004, against the occupation of Iraq, against war:

On March 15, we went to the ILO offices in Geneva to assert again our total opposition to the war and occupation of Iraq, which are organised under U.S. aegis. We asserted our commitment to the defence of nations' and people's independence and sovereignty. We asserted our rejection of the war and military occupations, which are putting in jeopardy the unity and sovereignty of nations all over the world. We reject the big powers' "broad regions framework" forced upon people to destroy the unity and sovereignty of nations.

We have come to emphasise the need for the international labour movement to take up the fight against the illegal and immoral occupation of Iraq. Again we say what we have been constantly saying since we launched our common campaign nine months ago: there can't be democracy in Iraq if the people of Iraq cannot decide themselves the disposition of their resources, their fate and their future -- and establish their own control over their own economy, if the Iraqi workers are not free to set up the organisations of their own choosing.

Our delegation was composed of Gene BRUSKIN, co-convenor, US Labor Against War (USA);  Daniel GLUCKSTEIN, International coordinator of the International Liaison Committee of Workers and Peoples (ILC); Falah ALWAN, President of the Federation of Workers Councils and Trade Unions in Iraq (FWCUI); Khadije EL HUSAINI, International Confederation of Arab Trade Unions (ICATU); Aso JABBAR, Union of Unemployed in Iraq (UUI); Olivier DORIANE, International Liaison Committee (ILC), France; Jean-Pierre BARROIS, Member of the delegation that went to Iraq in October 2003, (France); Max ROBERT, Hosting committee for the conferences in defence of ILO conventions (Switzerland).

The delegation delivered a memorandum to the ILO. After waging a campaign in over 70 countries, we asked to be received by Mr. Juan Somavia, director general of the ILO. We met Mr. Ahmed KHALEF and Mr. Luc DESMARET, members of the activity bureau for the workers linked to the ILO Workers Group. After they explained that they were receiving us in their personal capacity, the delegation submitted its memorandum and a debate that concerns the whole labour movement then began.

- To the question: "Could we expect a response from the Workers' Group?", the answer was: "We cannot assure you that you will get a response but as you referred to the Workers' Group statement, it can be logically expected."

- To the question about the involvement of the ILO into the ongoing process in Iraq, we were told: "As far as we know, the United Nations has been taken out of the process, so has the ILO, which is a subsidiary of the ILO".

 - To the question about the existence of a document co-signed by the ILO and the Iraqi Ministry for Labour, the answer was: "We are not aware of such a document but if it does exist, you will be given a copy".

- To the question about the re-admission of Iraq in the ILO to take place next June, as announced by Mr. Paul Bremer's technical adviser, the answer was : "We are not aware of such a plan".

- To the question: "What could be done to prevent that Iraq -- today -- perpetuates the system of official selection and recognition of trade unions, excluding the right to organise in the union of one's own choosing" , the answer referred to the ILO's mechanisms providing for the possibility for any Iraqi union which considered that ILO conventions are being violated, to lodge a complaint to the ILO trade union freedom committee .

We call upon labour organisations the world over: Can a labour organisation accept that Iraqi workers be excluded from the benefit of universally acknowledged ILO Conventions?

Can a labour organisation accept that after a so-called "war for democracy" -- organised in fact on the basis of State lies concerning the alleged existence of weapons of mass destruction -- all the measures taken by the former regime against workers and their trade unions are perpetuated and enforced by the occupation authorities?

Is it possible to talk about sovereignty when the American commander in chief of ground forces in Iraq, Ricardo Sanchez, announces publicly that the coalition forces will stay in Iraq  for at least one more year?

We call upon labour organisations the world over and ask them to join our campaign for labour rights in Iraq. We call them to circulate as widely as possible our Memorandum, especially on the occasion of the March 20 initiatives and to endorse it. We call upon all to circulate it widely in their own trade unions, in their factories, among workers.

We call upon labour organisations the world over to sponsor the new delegation proposed by the trade union coalition against war in the United States, USLAW, which plans to go to Iraq on May 1st.

Considering that in the next annual assembly of the ILO, the Iraqi issue should be discussed, we call all the worker delegates at the ILO assembly to support our Memorandum, and to intervene to obtain answers.

We will present in the name of our organisations a report on the campaign for labour rights in Iraq to the 13th Conference for the defence of ILO Conventions (Sunday 13th, June 2004) called by the International Liaison Committee of Workers and Peoples.

We call on all the international labour movement to develop the struggle against the occupation, to wage the struggle so that the Iraqi workers can set up the unions of their own choosing.

Our initiative is not opposing or challenging any other initiative. We are not in competition with any organisation; the aim of our campaign, in full respect of the prerogatives of each organisation, is to provide a contribution to the struggle for workers' rights in Iraq, which are part and parcel of democracy.