Informe definitivo - Informe núm. 243, Marzo 1986

1. 41. The Committee examined this case at its November 1985 meeting and presented interim conclusions which were approved by the Governing Body at its 231st Session, November 1985 (see 241st Report, paras. 846 to 856). The Government subsequently sent further observations in a communication dated 24 December 1985.
2. 42. Jordan has not ratified the Freedom of Association and the Right to Organise Convention, 1948 (No.87); it has ratified the Protection of the Right to Organise and Collective Bargaining Convention, 1949 (No.98).

A. Previous examination of the case

1. 43. In its previous examination of this case, the Committee noted that the allegations concerned the arrest - in February 1985 and April 1984, respectively - of Messrs. Hussein Qasem, former President of the General Federation of Commercial, Shops and Professional Trade Unions and Said Issa, General Secretary of the Trade Union of Workers in Banks and Insurance, and their subsequent sentencing to five years' imprisonment.
2. 44. The Committee observed the Government's denial of the trade union connections of one of these persons and its statement that the arrests were based on their membership of an underground subversive body, the Popular Front/Jordan Branch. According to the Government, both individuals enjoyed due process during their trials and were sentenced by the competent courts.
3. 45. The Governing Body, on the Committee's recommendations, approved the following interim conclusions:
   • a) the Committee notes the contradictory nature of the complainant's allegations and the Government's reply concerning the arrest of two trade union leaders in February 1985 and April 1984 respectively; it recalls that it is incumbent upon the Government to show that the measures taken were in no way occasioned by the trade union activities of the individuals concerned;
   • b) given the lack of information concerning the reasons for the arrest and subsequent sentencing to five years' imprisonment of the trade union leaders concerned, the Committee requests the Government to submit further and as precise information as possible on the incidents which led to the arrests and a copy of the judgement handed down in the subsequent proceedings, so as to enable it to reach a decision in this case.

B. The Government's reply

1. 46. To its letter of 24 December 1985 the Government attaches copies of the judgements of the courts martial and the Military Governor's decisions confirming the sentencing of the two persons in question on the grounds that they were members of an illegal organisation, namely "The Popular Front for the Liberation of Palestine", aimed at overthrowing the Jordanian regime. From the judgements (dated 30 March 1985 for Mr. Hussein Qasem and 8 April 1985 for Mr. Said Issa) it appears that both individuals were sentenced to five years' forced labour.

C. The Committee's conclusions

1. 47. The Committee notes from the judgements that have now been transmitted by the Government that they contain no reference to the trade union status or functions of the persons in question. Nor, despite having been requested to do so, has the complainant organisation submitted any detailed information in support of its allegation that these persons were arrested and tried on account of trade union activities. In these circumstances, and on the basis of the information at its disposal, the Committee can only conclude that the persons concerned were tried and sentenced for activities unrelated to their trade union status or functions and it accordingly decides that this case does not call for further examination.