US embassy cable - 05BAGHDAD4051

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, Human Rights 
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