Identifier
Created
Classification
Origin
05BAGHDAD4051
2005-10-01 13:12:00
CONFIDENTIAL
Embassy Baghdad
Cable title:  

MINISTER OF LABOR ON WORKER RIGHTS AND LABOR

Tags:  ELAB PHUM PINR IZ 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 004051 

SIPDIS

LABOR FOR ILAB

E.O. 12958: DECL: 09/28/2015
TAGS: ELAB PHUM PINR IZ
SUBJECT: MINISTER OF LABOR ON WORKER RIGHTS AND LABOR
CODES: NEW AND OLD

Classified By: ECON MINCOUNS Thomas Delare, reasons 1.4 b/d

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 004051

SIPDIS

LABOR FOR ILAB

E.O. 12958: DECL: 09/28/2015
TAGS: ELAB PHUM PINR IZ
SUBJECT: MINISTER OF LABOR ON WORKER RIGHTS AND LABOR
CODES: NEW AND OLD

Classified By: ECON MINCOUNS Thomas Delare, reasons 1.4 b/d


1. (C) Summary: Minister of Labor and Social Affairs (MOLSA)
Dr. Idris Hadi Salih expressed concern that a number of labor
union movements were fighting over the properties of the
former Saddam/Baathist General Federation of Trade Unions
(GFTU). He said that Government efforts to control this were
not a worker rights violation. Idris acknowledged that
current Iraq labor law, based on a 1977 Saddam-era law, was
flawed and said that he hoped the new Iraqi labor code, done
in close cooperation with the ILO, would soon be passed by
the current government. We accepted the Minister's offer to
arrange a meeting for us with labor union leaders for further
discussion of these issues. It strikes us that Idris's MOLSA
priorities seem to lie more in such areas as safety nets and
vocational training rather than in labor union organizations
and their rights. End Summary


2. (C) We met September 26 with Minister of Labor Dr. Idris
Hadi Salih to talk about recent disturbing reports (from the
AFL-CIO and others) on worker rights violations in Iraq.
Idris was receptive and candid in his replies. We believe
that that was due to his background in Kurdish human rights
organizations, his personal appreciation for US/UK efforts to
free the Kurds from Saddam Hussein, and his positive meetings
with Secretary of Labor Chao in Geneva and Washington.

Out with the old...
--------------


3. (C) Idris noted that another negative legacy of Saddam
Hussein's rule was that a single trade union organization,
the GFTU, became a vehicle for the transmission of Baathist
ideology to both public and private sector employees. Rather
than representing workers, the GFTU was an instrument of the
State. He also said that Saddam had bequeathed the GFTU a
number of valuable properties, in part for its loyal service.
The fall of Saddam had the positive impact of removing the
GFTU from the labor scene.

Fighting over the spoils...
--------------


4. (C) Since 2003, however, a number of unions had emerged to
claim the mantle of the GFTU as the single labor federation
of Iraq, Idris told us. In January 2004, the Iraqi Governing

Council (Decree 16) designated the Independent Free Trade
Union (IFTU) as a monolithic representative of labor. As
Labor Minister, Idris said that he had understood that the
IFTU was to be the new "single" union for Iraq. For this
reason, he found the current "eight" contenders to replace
GFTU "confusing" and he expressed concern that one reason for
these multiple voices was they wanted ownership of the
valuable buildings in Baghdad (and elsewhere) that GFTU had
owned. Idris suggested that some of these organizations were
"pretenders" more interested in property than workers. He
said that this was the reason the government had created a
special adjudication committee in August.

Union freedoms but...
--------------


5. (C) Idris said that workers are free to organize under
current law. He said that government is not involved in union
finances. While the GOI will not collect fees for unions, it
will not prohibit unions from collecting dues. He said that
his relations with the unions are good and offered to set up
a meeting for us with union leaders at the Ministry.
(Comment: We accepted the offer on the spot. Meeting with
unions at their buildings is, as an UK colleague trying to
cover labor affairs told us, a bit dodgy. In fact, British
Protective Security Details refuse to take their diplomats to
meet union leaders in the red zone for security reasons. A
further complication is that many trade union leaders are
reportedly reluctant to enter the IZ, either because they see
us as "occupiers", or for fear that they will be killed by
insurgents. End comment.)

Need for new Labor Code to pass
--------------


6. (C) Idris acknowledged that the 1977 labor law banning
public sector unions is still on the books (our understanding
is that the CPA did not nullify this law),but said that
Iraq's new labor code (almost two years in the making with
extensive ILO assistance),would clarify the government
commitments to basic ILO worker rights conventions. He also
said that the GOI had consulted with unions and employers
groups during drafting. When we noted that a number of
Ministries were banning unions in their areas of authority,
Idris explained that Ministries were allowed to determine
whether these were professionals or workers with the former
not entitled to union representation in his view. He denied
that State Owned Enterprise workers were banned from union
membership; however, he acknowledged that the current
situation was confused. For that reason, passage of the new
labor code is so important. The proposed code is with the
Council of Ministers for approval and then presentation to
the TNA. He said that he does not want to wait for the next
government and expressed optimism that the TNA was pass this
law "within weeks."


7. (C) Bio note: Idris who holds a Ph D (in engineering)
from Leningrad/St. Petersburg University, told us that his
academic specialization was in satellite communications. In
addition to his human rights experience, he had been a
university professor and chancellor at Salahaddin University
for 10 years. When we asked him for his post-election plans,
he hinted that he would like to return to Erbil, where it is
possible to walk the streets, feel safe, and teach -- things
that he can not do in Baghdad. However, as a KDP (Kurdistan
Democratic Party) leader, he said that he would go where the
party tells him to go.


8. (C) Comment: While we would agree with Idris that the
current labor scene here is "confusing," we were struck that
he didn't have much to say on why this is the case. We
believe that much of this is due to his lack of background in
labor affairs and his short tenure on the job. We believe
that his MOLSA priorities lie elsewhere, namely in vocational
training for Iraqi youths, safety nets, and greater welfare
benefits to widows and orphans.
Khalilzad