Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Iraq (Ratification: 1986)

Article 2 of the Convention. Insertion of labour clauses in public contracts. In response to the Committee’s previous observation, the Government indicates only that the Ministry of Planning, as the competent authority, has been approached with regard to the insertion of labour clauses in all public contracts. The Committee recalls that, for some years, it has continued to draw the Government’s attention to the core requirement of the Convention, namely that a labour clause within the meaning of Article 2 of the Convention, be incorporated into every public contract, whether for works, supply of goods or performance of services (Article 1). The Committee once again refers the Government to paragraphs 98–121 of the 2008 General Survey on labour clauses in public contracts, which contain detailed explanations on the exact nature and content of this principal obligation. The Committee notes the Government’s indication that the Tripartite Consultative Committee established to study amendments to the labour legislation is still in operation and continues to report on ILO Conventions and Recommendations. In this regard, the Government indicates that the Labour Code (Act No. 357 of 2015) was referred to the Tripartite Consultative Committee in order to bring the Code into conformity with international labour Conventions prior to its promulgation. The Committee once again requests the Government to provide information on progress made in adopting legislative or administrative measures to give effect to the Convention. In particular, it urges the Government to take the necessary measures without delay to bring the national legislation into conformity with Article 2 of the Convention and to communicate a copy of the revised Labour Code as soon as it is adopted.