Rapport définitif - Rapport No. 33, 1960

1. 14. The complaint of the Pancyprian Federation of Labour, dated 23 May 1957, together with the first reply from the Government of Jordan, dated 18 July 1957, was examined by the Committee at its meeting in Geneva in October 1957, when the Committee requested the Government to furnish further information on certain points and adjourned its examination. The Government furnished that information in a communication dated 23 November 1957.

A. A. The complainants' allegations

1. 15. At its meeting on 26 and 27 February 1958 the Committee made recommendations to the Governing Body with respect to allegations relating to a decision to dissolve the Federation of Jordanian Workers' Trade Unions and to the temporary suspension of certain trade unions. These recommendations were approved by the Governing Body at its 138th Session (Geneva, 11-15 March 1958). With respect to the question of the deregistration of the Amman Railway Employees' Union, the Committee requested the Government to furnish further information concerning the circumstances in which this organisation was deregistered and the procedural guarantees available, in the form of an appeal to the courts or otherwise, to an organisation which it is proposed to deregister. The Government replied by a letter dated 27 March 1958.
2. 16. At its meeting on 11 November 1958, the Committee again decided 6 to request the Government to furnish further information with respect to the deregistration of the Amman Railway Employees' Union. The Government replied by a letter dated 25 December 1958. This question is the only issue in the case still outstanding before the Committee. The following paragraphs, therefore, are confined to this matter.
3. 17. In its reply dated 18 July 1957 the Government had stated that the Amman Railway Employees' Union had been finally deregistered. In its letter dated 27 March 1958 the Government declared that the deregistration was ordered by the martial-law authorities, from whom there is no right of appeal to any civil court.
4. 18. The issue of the Official Gazette of Jordan dated 16 February 1953 contained the text of the Trade Union Law of 1953. Section 9 (2) of Chapter III of this Law provides that the deregistration of a trade union may be ordered, for reasons specified, by the registering authority appointed by the Minister for Social Affairs. Section 9 (3) provides for a right of appeal against such a decision to the civil courts. Under this Law registration is compulsory, and deregistration entails dissolution.
5. 19. It was in view of the fact that the provisions of the Trade Union Law referred to above would appear to take account of the generally accepted principle, the importance of which the Committee has emphasised in several cases, that workers' and employers' organisations should not be liable to be suspended or dissolved by administrative authority, that the Committee decided, at its meeting on 11 November 1958, to request the Government to state whether the provisions of the Trade Union Law mentioned above were in force at the time when the Amman Railway Employees' Union was deregistered and, if so, to be good enough to furnish information as to the legal provisions pursuant to which the union was deregistered under a different procedure which permitted of no appeal to the courts.
6. 20. In its letter dated 25 December 1958 the Government confirms that the deregistration took place at a time when martial law was in force. It was decided by the martial-law authorities, from whom there could be no appeal to a civil court, and was not effected pursuant to the provisions of the Trade Union Law, 1953. However, states the Government, martial law came to an end on 1 December 1958 and steps are now being taken to allow the Amman Railway Employees' Union to resume its normal activities.