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Comments adopted by the CEACR: Iraq

Adopted by the CEACR in 2021

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, in its report, in reply to its previous requests concerning the training provided to labour inspectors (Article 7 of the Convention), the transport facilities available for the performance of labour inspection duties (Article 11(1)(b)); and, the labour inspectorate’s power to request employers to urgently take emergency measures in the event of imminent danger to the health or safety of the workers (Article 13(2)(b)).
Labour inspection and Decent Work Country Programmes. The Committee notes that the 2019–2023 Decent Work Country Programme (DWCP) for Iraq aims, inter alia, to make labour inspection and OSH services more effective in preventing and detecting non-compliances with national and international labour standards.  The Committee requests the Government to take into account the matters raised below in the context of the DWCP implementation in order to ensure full conformity with the Convention.
Articles 3 and 12(1) of the Convention. Functions of the system of labour inspection. Free initiative of labour inspectors to enter workplaces without prior notice. With regard to its previous request concerning the adoption of the necessary measures to ensure that labour inspectors are empowered to perform labour inspections alone and have free initiative to undertake inspections, the Committee notes the Government’s indication that: (i) under section 128(1) of the Labour Code, labour inspectors cannot carry out inspections alone; and, (ii) in accordance with section 129(1)(a) of the Labour Code, labour inspection committees are empowered to freely access workplaces subject to inspection without prior notice at any time. The Committee notes that Article 12(1) specifies the empowerment of labour inspectors who are officials of the government, rather than tripartite committees that also include representatives of employers and workers. Accordingly, the Committee requests the Government to take, without delay, concrete measures, including possible legislative amendments, to ensure that labour inspectors are individually empowered, in line with Article 12(1)(a) and (b) of the Convention, to freely make inspection visits without previous notice.
Article 5(b). Conditions and modalities of collaboration with representatives of employers and workers in tripartite inspection committees. The Committee notes that the DWCP 2019–2023 indicates that the tripartite labour inspection committees are a mechanism for social dialogue and that their functioning is intended to be strengthened through capacity-building activities (Priority 3, Governance of the DWCP). This would result in social partners having a better and more effective engagement in labour inspection activities (indicator 3.2.6 of the DWCP). The Committee requests the Government to provide information on the collaboration between labour inspectors and representatives of employers and workers within the tripartite inspection committees, consistent with the requirements of the Convention, and also in view of the implementation of the DWCP.
Article 6. Status and conditions of service of labour inspection staff. Noting the absence of a reply to its previous request, the Committee once again requests the Government to provide information on the conditions of service of the labour inspectors, including on their salary and benefits in comparison to public servants exercising similar functions with other government services, such as tax inspectors and police.
Articles 10 and 16. Number of labour inspectors. Frequency and thoroughness of inspection. The Committee previously noted discrepancies in the information provided by the Government on the number of labour inspectors (110 labour inspectors according to its 2014 report and 160 labour inspectors according to the 2013 annual report on labour inspection). The Committee notes that the Government, without referring to such discrepancies, indicates that there were 96 labour inspectors (35 inspectors in Baghdad and 61 inspectors in other regions) and 57 labour inspection committees (19 committees in Baghdad and 38 committees in other regions) in 2017. Moreover, the Committee notes from the information contained in contextual analysis of the DWCP that: (i) as of 2018, there were 231 labour inspectors in federally-administered Iraq and 21 labour inspectors in the Kurdistan Region of Iraq; (ii) the staffing numbers are insufficient to meet the needs of workers; and, (iii) the social partners fail to provide members for the labour inspection committees, which is a practical impediment to their effective functioning. Noting again the existence of divergent information on the number of labour inspectors, the Committee requests the Government to clarify whether there has been a decrease in the number of labour inspectors in recent years and, if so, provide information on the reason for this decrease. It also requests the Government to provide information on the number of labour inspectors and inspection committees (and their composition), including particulars of their geographical distribution (at the central and regional levels); the number of inspection visits; the number, nature, size and situation of the workplaces liable to inspection; and, the number and classes of workers employed in such workplaces.
Article 11(1)(a). Equipment in local offices. The Committee notes the Government’s indication that a project was planned to grant inspectors iPads with internet connection in order to facilitate electronic inspections. The Committee requests the Government to provide information on the results of this project, including the extent to which labour inspections are now conducted electronically, in person, or through some combination.
Article 11(2). Reimbursement of any travelling and incidental expenses. Noting the absence of information in this regard, the Committee once again requests the Government to indicate whether incidental expenses, which may be necessary for the performance of their duties, are reimbursed to labour inspectors.
Article 17. Discretion of labour inspectors to initiate prompt legal proceedings without previous warning. With regard to its previous request concerning the adoption of measures to ensure that the national legislation is in line with Article 17 of the Convention, the Committee notes that the Government indicates that section 134(1) of the Labour Code refers to the discretionary and sole authority of the Minister of Labour and Social Affairs to issue a warning to contravening employers before referring a case to the competent courts, and that this authority has not been entrusted to labour inspectors. The Committee once again requests the Government to take concrete measures in order to ensure that, in conformity with Article 17 of the Convention, the national legislation provides that prompt legal proceedings may be instituted or recommended without previous warning by the labour inspectorate.
Articles 20 and 21. Annual reports on the work of labour inspection services. The Committee notes the statistical information provided by the Government on the labour inspection activities carried out in the first semester of 2017. Noting that no recent annual reports on the work of labour inspection services have been submitted, the Committee requests the Government to ensure that these annual reports are published and transmitted to the ILO, and that they deal with all the matters specified in Article 21 of the Convention, including with regard to: staff of the labour inspection service (Article 21(b)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of inspection visits (Article 21(d)); statistics of violations and penalties imposed (Article 21(e); statistics of industrial accidents (Article 21(f)); and, statistics of occupational diseases (Article 21(g)).

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee takes note of the Government’s first report. It observes however that the report does not provide full particulars concerning the information requested in the report form. The Committee thus requests the Government to submit a detailed report, including information on all the items set out on the report form (such as on how each relevant provision of the Convention is given effect by identified aspects of national law and practice), as well as a copy of the latest version of the Trade Union Organizations for Workers and Employees Bill (or Act if already adopted), and recalls that it may avail itself of the ILO’s technical assistance in this regard.
The Committee also notes the observations submitted by the General Federation of Iraqi Trade Unions (GFITU), received on 28 August 2019 and on 20 October 2020, as well as the joint observations of the GFITU; the Conference of Iraq Federations and Workers Unions (CIFWU); the Federation of Independent Trade and Professional Unions in Iraq (FITPUI); the Federation of Workers’ Councils and Unions in Iraq (FWCUI); the General Federation of Trade Unions and Employees of Iraq (GFTUEI); the General Federation of Trade Unions of the Republic of Iraq (GFTURI); the General Federation of Workers Unions in Iraq (GFWUI); the Iraqi Federation of Oil Unions (IFOU); and the Union of Technical Engineering Professionals (UTEP), received on 17 September 2020. These observations allege that the pre-existing Law No. 52 of 1987 contravenes the Convention and is still in force, and that the Ministry of Labour and Social Affairs interferes in trade union affairs and only deals with the General Federation of Iraqi Workers (GFIW) as the official representative union in tripartite bodies (the GFITU refers to a Circular of the Ministry showing its bias towards the official governmental federation and threatening legal measures to those contravening it), thus marginalizing and excluding from social dialogue other trade union federations. The Committee further notes the response received from the Government, stating that the Ministry of Labour and Social Affairs supports freedom of association and treats equally all unions, and that a Trade Union Organizations for Workers and Employees Bill was drafted by six federations in coordination with the Ministry of Labour and Social Affairs and is currently being discussed in the State Council. Recalling that for many years, in its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee has been stressing the need to remove any obstacles to trade union pluralism, the Committee reiterates its previous requests to repeal any legislative imposition of trade union monopoly and encourages the Government to continue to engage with all representative trade union federations, so as to ensure full respect for the guarantees set out in the Convention and, to this end, advance in the finalization and adoption of a Trade Union Organizations for Workers and Employees Act.
The Committee further notes the observations of the GFITU received on 25 December 2020, which denounce the closure of one of its branches; and those received on 20 January 2021, which denounce an Instruction dated 7 January 2021 of the Ministry of Industry and Minerals, providing that, pursuant to the legal provisions in force, it is not permissible to practice any trade union activity within the units affiliated to this Ministry and its departments. The Committee requests the Government to provide its comments in this respect, and to take any measures to ensure that the workers of the Ministry of Industry and Minerals may exercise the trade union rights enshrined in the Convention.
[The Government is asked to send a detailed report in 2023.]

C092 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s reports on Conventions Nos 22, 23, 92, 146 and 147. In order to provide a comprehensive view of the issues relating to the application of these maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as set out below.
The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006) classified Conventions Nos 22, 23, 92, 146 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos 22, 23, 92 and 146 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by Conventions Nos 22, 23, 92, 146 and 147. The Committee notes the Government’s indication that it is in favour of ratifying the MLC, 2006 and that several meetings were held on issues relating to this process with the participation of the General Federation of Workers’ Unions in Iraq and the Iraqi Federation of Industries. The Committee therefore requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and reminds it of the possibility to avail itself of the technical assistance of the Office.
Impact of the COVID-19 pandemic. The Committee notes with  deep concern  the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions.  In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Articles 3–14 of the Convention. Seafarers’ employment agreements and record of employment. The Committee requested the Government to indicate the measures adopted to give effect to these requirements of the Convention. The Committee notes the Government’s indication that there is a signed agreement between the State Company for Maritime Transport and the seafarers working on board its ships providing seafarers with decent working and living conditions on board ship and giving full effect to the Convention. While noting this information, the Committee requests the Government to clarify whether the Maritime Civil Service Act of 1975 is still in force, thereby giving to seafarers the status of public employees engaged on a permanent basis. It further requests the Government to indicate the specific provisions that ensure compliance with the different Articles of the Convention for all seafarers working on board its ships.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 5. Repatriation expenses. The Committee requested the Government to specify the laws and regulations implementing Article 5 of the Convention ensuring that the repatriation expenses are paid to all seafarers irrespective of whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s statement that the State Company for Maritime Transport is committed to the right of seafarers to repatriation upon completion of their period of service aboard ship or in the event of sickness, termination of their employment with the contracting company, injury or death during the course of work. P&I Insurance Club covers the expenses of repatriation of seafarers injured as a result of accidents. While noting this information, the Committee requests the Government to indicate the relevant legislative provisions giving effect to Article 5 of the Convention.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Articles 3 and 6–17. Implementing legislation. Crew accommodation requirements. Noting the absence of legislation giving effect to Articles 3 and 6–17 of the Convention, the Committee requested the Government to adopt the necessary measures in this regard. In the absence of new information, the Committee requests the Government to adopt the necessary measures, without delay, taking into account its previous comment on this matter.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Application of the Convention. The Committee requested the Government to take steps to implement the obligations under Articles 3–12 of the Convention. The Committee notes the Government’s indication that the State Company for Maritime Transport grants persons working on board its ships paid annual leave under appropriate conditions, in accordance with the annual leave regulations under the international Code, which applies to seafarers working on board its ships, taking into consideration the special needs of seafarers with regard to such leave and that this matter is implemented in full. In the absence of specific reference to new legislative provisions, the Committee once again requests the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to the following provisions of the Convention: Article 4 (proportionate leave if length of service is insufficient for full entitlement), Article 6 (justified absence from work and temporary shore leave not to be counted in the minimum annual leave), Article 8 (annual leave in principle consisting of an uninterrupted period), Article 10 (return to the place of engagement or recruitment at the employer’s cost) and Article 11 (prohibition of agreement to relinquish the right to annual leave) of the Convention. The Committee also requests the Government to consider appropriate action to ensure that seafarers employed on board privately owned vessels enjoy the coverage of Article 3 (30-day annual leave), Article 6 (public holidays and periods of incapacity for work not to be counted as annual leave), Article 8 (division of leave into parts and accumulation of leave) and Article 10 (free transportation to place of engagement or recruitment) of the Convention as the existing Labour Code does not appear to give effect to any of these provisions.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

The Committee previously requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention is ensured in law and practice. This obligation, in the case of Iraq, relates to the following Conventions: the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements. The Committee notes the Government’s indication that the State Company for Maritime Transport relies on laws and regulations pertaining to global safety standards, including standards of competency and hours of work. The Committee requests the Government to provide information on the matters raised in its previous comment with respect to the implementation of Article 2(a) of Convention No. 147.
Article 2(a)(i). Standards of manning. Noting that the absence of new information in this respect, the Committee once again requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.
Article 2(f). Inspections. Noting the absence of new information in this respect, the Committee once again requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable to collective agreements and ratified international labour Conventions.

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the General Federation of Iraqi Trade Unions (GFITU), received on 28 August 2019 and 20 October 2020, as well as the joint observations of the GFITU, the Conference of Iraq Federations and Workers Unions (CIFWU), the Federation of Independent Trade and Professional Unions in Iraq (FITPUI), the Federation of Workers’ Councils and Unions in Iraq (FWCUI), the General Federation of Trade Unions and Employees of Iraq (GFTUEI), the General Federation of Trade Unions of the Republic of Iraq (GFTURI), the General Federation of Workers Unions in Iraq (GFWUI), the Iraqi Federation of Oil Unions (IFOU), and the Union of Technical Engineering Professionals (UTEP), received on 17 September 2020. The Committee further notes the Government’s reply to these observations. The above observations, the content of which concerns mainly the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), are thus treated under Convention No. 87.
Trade union monopoly. The Committee previously recalled the need to remove any obstacles to trade union pluralism and noted with interest the Government’s indication that Government Decision No. 8750 of 2005 had been repealed. It requested the Government to take the necessary measures to repeal the Trade Union Organization Act No. 52 of 1987. The Committee is examining the information provided in this respect under its comments concerning Convention No. 87.
Scope of the Convention. The Committee previously requested the Government to ensure that the rights in the Convention were applicable to all public servants not engaged in the administration of the State. It notes that section 3 of the Labour Code stipulates that its provisions do not apply to “public officials appointed in accordance with the Civil Service Law or a special legal text” and “members of the armed forces, the police and the internal security forces”. The Committee recalls that the Convention covers all workers and employers, and their respective organizations, in both the private and the public sectors, regardless of whether the service is essential, and that the only exceptions authorized concern the armed forces and the police, as well as public servants engaged in the administration of the State. It further recalls that a distinction must therefore be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State (for example, in some countries, civil servants in government ministries and other comparable bodies, and ancillary staff), who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention. This second category of public employees includes, for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel, whether or not they are considered in national law as belonging to the category of public servants (see 2012 General Survey on the fundamental Conventions, paragraphs 168 and 172). The Committee requests the Government to indicate in what manner it ensures that effect is given to the Convention with respect to public officials not engaged in the administration of the State who are excluded from the application of the Labour Code.
Article 1 of the Convention. Protection against acts of anti-union discrimination. Sufficiently dissuasive sanctions. The Committee notes that section 11(2) of the Labour Code stipulates that whoever violates the sections relating to discrimination shall be punished by imprisonment for a period not exceeding six months and a fine not exceeding one million dinars (approximately US$685) or by any of the two sanctions. While taking due note of the above, the Committee considers that the amount of the fine referred to above may not be adequate to deter and prevent the repetition of acts of anti-union discrimination, in particular in large enterprises. The Committee therefore requests the Government to take the necessary measures to ensure that the sanctions actually imposed in cases of anti-union discrimination are sufficiently dissuasive. In this regard, the Committee requests the Government to provide information on the sanctions imposed in practice.
Anti-union dismissal. The Committee notes that section 145 of the Labour Code provides that when the penalty of dismissal has been imposed on a worker, such decision may be challenged within 30 days before the Labour Court. It notes, however, that the Labour Code does not specify which sanctions are applicable in the event of anti-union dismissal. The Committee recalls in this respect that the reinstatement of a worker dismissed by reason of trade union membership or legitimate trade union activities with retroactive compensation constitutes, in the absence of preventive measures, the most effective remedy for acts of anti-union discrimination. It further recalls that the compensation envisaged for anti-union dismissal should be higher than that prescribed for other kinds of dismissal, with a view to the effective dissuasion of this type of dismissal, and that it should be adapted in accordance with the size of the enterprises concerned (see 2012 General Survey, paragraphs 182 and 185). Highlighting the importance that anti-union dismissals give rise to sufficiently dissuasive sanctions, the Committee requests the Government to specify which remedies may be imposed by the Labour Court in such cases, indicating in particular whether the Court is empowered to reinstate the dismissed workers in their positions.
Rapid appeal procedures. The Committee notes that sections 1(26) and 8 of the Labour Code provide protection against anti-union discrimination and that, according to section 11(1) of the Labour Code, workers may resort to the Labour Court to file a complaint when exposed to any form of discrimination in employment and occupation. The Committee recalls that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures to ensure their application in practice (see 2012 General Survey, paragraph 190). The Committee requests the Government to provide information regarding the length of the procedure to treat complaints against acts of anti-union discrimination and its application in practice.
Article 2. Protection against acts of interference. The Committee notes that the Labour Code does not contain any provisions which explicitly prohibit acts of interference. The Committee recalls that under the terms of Article 2 of the Convention, workers’ and employers’ organizations shall enjoy adequate protection against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration. Acts of interference are deemed to include acts which are designed to promote the establishment of workers’ organizations under the domination of an employer or an employers’ organization, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or employers’ organizations (see 2012 General Survey, paragraph 194). The Committee requests the Government to indicate whether other laws or regulations explicitly prohibit acts of interference and provide for rapid procedures and sufficiently decisive sanctions against such acts.
Article 4. Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the measures taken or envisaged to promote collective bargaining, the number of collective agreements concluded and in force in the country, as well as the sectors concerned and the number of workers covered by these agreements.

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021. The ITUC acknowledges in its observation that the country has been through a series of extremely painful events over the last three decades; that violence and armed conflicts have caused significant displacement of the population and that the political and social tensions in the country have certainly impacted on the Government's ability to deal with all the forms of discrimination covered by the Convention. The ITUC considers, however, that this situation does not relieve the Government of the need to meet its obligations under the Convention, which is an integral part of the reconstruction process. The Committee asks the Government to provide its comments in this respect.
The Committee is aware of the process of transition and reconstruction being undertaken in the country. In this regard, it takes note of the ILO technical assistance mission to Erbil/Iraq (16–18 August 2021), following the request by the Conference Committee on the Application of Standards (CAS) to the Government to avail itself of technical assistance to effectively implement its conclusions.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the detailed discussion which took place at the 109th Session of the Conference Committee on the Application of Standards (CAS) in June 2021 concerning the application of the Convention by Iraq, as well of the conclusions adopted.
Article 1(1)(a) of the Convention. Discrimination based on race, colour, religion or national extraction. In its previous comments, the Committee noted that ethnic and religious minorities in the country have long faced discrimination and exclusion from certain labour markets, including employment in the public sector. The Committee also noted that bills on diversity protection and anti-discrimination and on the protection of the rights of religious and ethnic minority groups were under consideration. The Committee notes that the CAS urged the Government to take the necessary measures to ensure the adoption without delay of the draft bills on diversity protection and anti-discrimination and on the protection of the rights of religious and ethnic minorities. The Government has informed the Committee of the adoption of Law No. 8 of 2021 on Yazidi women survivors, which provides for financial support and other forms of redress as compensation for what they endured during the armed conflict. Consequently, a General Directorate for the welfare of female Yazidi Survivors has recently been established, which is attached to the Ministry of Labour and Social Affairs. The ITUC recalls that the two bills aimed at combating discrimination and protecting minorities have been pending before Parliament for several years. While recognizing the difficult situation prevailing in the country, the Committee notes with regret that the Government’s report does not provide information on any progress made in the adoption of the two bills mentioned above. It is therefore bound to reiterate its request. The Committee asks the Government to provide information on: (i) the measures taken or envisaged regarding the adoption of the draft bills on diversity protection and anti-discrimination bill and on the protection of the rights of religious and ethnic minority groups; and (ii) the strategy it intends to develop to overcome the obstacles encountered in the adoption of these bills. In the meantime, it once again asks the Government to: (i) strengthen its efforts and adopt proactive measures to address discrimination against ethnic and religious minority groups, such as measures to promote tolerance and coexistence among religious, ethnic and national minorities, awareness-raising on the existing legislation prohibiting discrimination, setting quotas or targets for the representation of minorities; (ii) report on a regular basis on the results of these measures in terms of increasing the access of these groups to employment and occupation; and (iii) provide any available statistical information, disaggregated by sex, on the employment of ethnic minority groups and the sectors and occupations in which they are employed.
Articles 2 and 3. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes that the authorities of the Ministry of Labour and Social Affairs: (1) formalized a request to the ILO technical assistance mission held in August 2021 for the development of a National Equal Employment Opportunity Policy with a plan of action for a period of three–five years; and (2) requested the ILO to include a specific component on the Convention in the Iraqi Decent Work Country Programme 2019–23 (DWCP). The Committee welcomes this information. It hopes that the technical assistance requested will be provided in the near future to assist the Government in declaring and pursuing a national equality policy by methods appropriate to national conditions and practice, as set out in Article 2 of the Convention, and asks the Government to report on the progress achieved in this regard.
Articles 2 and 5. Equality of opportunity and treatment for men and women. Situation of women, including women migrant workers. The Committee notes the Government’s indication, in response to the CAS conclusion on the situation of women workers in the country, that a Working Group has been established under the presidency of the Director General of the Women’s Empowerment Department (one of the structures of the General Secretariat of the Council of Ministers) to supervise the implementation of the Women’s Economic Empowerment Plan (hereinafter the Plan) developed with the support of the World Bank Group. The Plan is composed of several components, including one on implementing legislative reforms to reduce gender gaps. The Committee also notes that the National Development Plan (2018–22) recognizes that traditional stereotypes concerning women's roles influenced by the dominance of male culture deeply rooted in social structures explain the low participation of women in economic, social and political activities and their limited role in legislative and political institutions. It identifies the gender gap as one of the main social challenges for the development of the country. In that regard, the Committee notes the Government’s statement in its 2019 National Report on the implementation of the Beijing Declaration and Platform for Action (Beijing +25) that it aims to increase the number of women participating in the labour force by 5 per cent over the next five years. It also notes some of the statistical data provided in the above report: (1) the percentage of female workers aged 15 years and above was 12.6 per cent in 2017, while for male workers it was 72.7 per cent; (2) the overall unemployment rate of 13.8 per cent is distributed as follows, 10.9 per cent for men compared by 31.0 per cent for women; (3) the percentage of women who held the post of director general in ministries was 36 per cent of total general manager’s positions, while the percentage of women in senior management was 37 per cent; and (4) the number of women judges reached 113 in 2017 compared with 18 in 2003. The Committee further notes that equal opportunities for men and women is a cross-cutting requirement of the three priorities identified by Iraq constituents during the formulation of the current DWCP (job creation, social protection coverage and governance). Moreover, according to the 2020 World Bank report entitled “Women’s economic participation in Iraq, Jordan and Lebanon”: “Women face additional barriers related to social norms, legal constraints and market failures. Several factors have disproportionate effects on women’s ability to effectively participate in the labour market, including more limited access to capital (human, physical, and financial) than men, lack of affordable and adequate childcare and of safe public transportation, and laws and societal preferences for men that result in their taking the few available jobs. Although girls get an equal start with boys […] in terms of school attendance at early ages, completing education is a challenge for Iraqi girls, particularly in rural areas. In addition, gender gaps associated with certain fields of study may, in turn, be shaped by society’s expectations” (page 16). In light of the above, the Committee asks the Government to: (i) step up its efforts to address the obstacles that exist in practice, including cultural and stereotypical barriers, to women’s equality of opportunity and treatment in employment and occupation; (ii) promote the participation of women in the labour market and decision–making positions on an equal footing with men; and (iii) communicate any available statistics, disaggregated by sex, concerning the participation of men and women in the various sectors of economic activity in both the private and public sectors.
Women migrant workers. In its conclusions, the CAS asked the Government to pay particular attention to the situation of women migrant workers. The Committee notes the Government’s reminder that the Labour Law applies to all workers without discrimination (section 3). The Government indicates in addition that: (1) an Employment Resource and Workers Migration Centre was inaugurated in collaboration with the International Organization for Migration (IOM); (2) it is in the process of establishing a Centre for Jobs, Migration and Reintegration with the assistance of the German Agency for International Cooperation to develop the private sector within the framework of a migration programme; and (3) a hotline dealing with migrant workers’ complaints has been established. While taking note of the information provided by the Government on the situation of migrant workers in general, the Committee wishes to recall that women migrant workers are particularly vulnerable to prejudices and differences in treatment in the labour market on grounds such as race, colour and national extraction, often intersecting with other grounds such as gender and religion (General Survey on the fundamental Conventions, 2012, paragraph 778). The Committee therefore asks the Government to ensure that women migrant workers are protected against all the forms of discrimination prohibited by the Convention and to provide any information available in this regard.
Legal obstacles faced by women. The Committee recalls that in its conclusions the CAS asked the Government to review and adapt relevant provisions to lift the legal obstacles faced by women in the country, including concerning their civil status. In its observations, the ITUC states that: (1) in practice, women in Iraq remain largely under-represented in the world of work and suffer a great deal of discrimination in accessing employment; (2) these obstacles are aggravated by a series of legal conditions and provisions, which literally place them under supervision; and (3) the obstacles concerning the situation of women in the labour market are based in part on the legal provisions relating to their civil status, thus it is crucial that these aspects are also examined and modified. The Committee notes that no specific information was provided by the Government on a possible strategy to lift the legal obstacles faced by women, including concerning their civil status. The Committee asks the Government to consider launching a gender audit or analysis of its current legal framework to ensure that any gender discrimination is removed.
Special protection measures. The Committee recalls that section 85(2) of Labour Law No. 37/2015 prohibits women from working in jobs deemed hazardous or arduous and also prohibits women from performing night work (sections 85(2) and 86(1)). The Committee wishes to recall in this regard that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense (that is during pregnancy or childbirth and its consequences or nursing) which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (2012 General Survey, paragraph 839). Provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific health risks. Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on scientific evidence and, when in place, must be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protection purposes. The Committee also emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women, who continue to bear the unequal share of family responsibilities, to reconcile work and family life. With a view to repealing discriminatory protective measures applicable to women’s employment it may be necessary to examine what other measures are necessary to ensure that women can access these types of employment on an equal footing with men, such as improved health protection of both men and women, adequate transportation and security, as well as social services (General Survey, 2012, paragraph 840). The Committee asks the Government to take the necessary measures to review section 85(2) and section 86(1) of Labour Law No. 37/2015 in light of the principle of equality for men and women workers with a view to ensuring that protective measures applicable to women’s employment in certain jobs or industries are still necessary and are not based on stereotypes regarding women’s professional abilities and capabilities and are strictly limited to maternity protection.
Technical assistance. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office on all the questions raised above.
The Committee is raising other matters in a request addressed directly to the Government.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. National extraction and social origin. The Committee notes that the Government’s report is silent on this point. The Committee, therefore, asks the Government once again to: (i) clarify the meaning of the term “origin” and the expression “national extraction” referred to in section 1(25) of the Labour Law No.37/2015, specifying whether “origin” covers the concept of “social origin” contained within the Convention; and (ii) provide information on the application in practice of section 8 of the same Law and on any complaints of discrimination filed with the labour court, or with other complaint mechanisms, as well as any sanctions imposed.
Discrimination based on sex. Sexual harassment. The Committee notes that no information on this point was provided. While recognizing the difficult situation prevailing in the country, the Committee asks the Government once again to provide information on: (i) the measures taken in practice to prevent and address sexual harassment in employment and occupation (such as, for example, helplines, legal assistance or support units to assist victims of sexual harassment, procedures for bringing forward complaints, training for workers’ and employers’ organizations, labour inspectors and for other enforcement officials); and (ii) any complaints of sexual harassment filed with the labour court, or with other complaint mechanisms, as well as any sanctions imposed.
Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes that the Government’s report is silent on this point. The Committee asks once again the Government to provide information on any measures taken or envisaged, in the framework of Law No. 38 (2013) on the Care of Persons with Disabilities and Special Needs, to facilitate vocational training and promote employment opportunities of persons with disabilities, both in the private and public sectors.
Enforcement. The Committee notes the concerns of the ITUC at the lack of transparency over the number of complaints relating to the discrimination in employment and occupation faced by women and minorities, and how they are handled, which makes it difficult to measure the extent of the phenomenon. The Government recalls that workers’ rights are guaranteed by monitoring the implementation of the provisions of the law through the inspection committees and by referring employers found in violation to specialized courts. From the statistical information provided by the Government, the Committee notes that, in 2020, seven cases of discrimination based on the ground of religion were submitted to the Appeal Court. It also notes that the hotline established at the Human Resources Department of the Ministry of Labour and Social Affairs receives complaints related to, among others, discrimination connected to ethnicity at the workplace. The committee asks the Government to continue to provide information on the number and nature of cases or complaints of discrimination, including on the grounds of sex, race, colour, religion, social origin or national extraction, dealt with by the labour inspectors, the courts or any other competent authority (such as the Iraqi High Commission for Human Rights), the penalties imposed, and the remedies granted.

C135 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Protection of workers’ representatives and facilities. In its previous comments, the Committee had hoped that the new Labour Code would be adopted in the very near future and that it would be in conformity with the provisions of the Convention, including those concerning the protection of workers’ representatives (whether trade union or elected representatives) against dismissals and other prejudicial acts and the facilities afforded to them to enable them to carry out their functions. It also noted that an independent Law on Trade Union Organizations had been examined in a first reading in the Majlis Al Nouwab. The Committee takes note of the Government’s indication that the draft Law on Trade Union Organizations is being discussed in the State Council. The Committee notes, however, that the Government does not provide information concerning the implementation of the specific rights enshrined in the Convention and that it does not refer to the new Labour Code, which was adopted in 2015. The Committee requests the Government to indicate how the new Labour Code gives effect to the Convention, including with respect to the protection of workers’ representatives against prejudicial acts, such as dismissal, and the facilities afforded to them to enable them to carry out their functions. It also requests the Government to inform on any development concerning the adoption of the draft Law on Trade Union Organizations and on its impact on the application of the Convention.
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