CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Iraq (RATIFICATION: 2018)

Other comments on C087

Direct Request

2023
2021

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The Committee notes the observations of the Federation of Iraq Trade Unions (FITU), received on 16 February 2023, which raise issues examined below.

The Committee notes that following its June 2022 discussion concerning the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) in Iraq, the Conference Committee on the Application of Standards (CAS) invited the Government to accept a Direct Contacts Mission. The Committee observes that the mission, which took place in May 2023, noted the firm commitment of the Government to bring national law and practice into conformity with Conventions Nos 87 and 98 and identified two priorities: (i) the swift adoption of new legislation ensuring compliance with these Conventions to replace the 1987 Trade Union Law, on which the ILO supervisory bodies have raised several issues, in particular the establishment of a trade union monopoly and the exclusion of public sector workers from the right to organize, and (ii) active and constructive engagement between the Government and the social partners, with a view to ensuring that pending the entry into force of the new law, all trade unions and their leaders can exercise the rights enshrined in the Conventions without fear or constraint. The Committee notes that the direct contacts mission proposed a roadmap aiming at the realization of these two priorities. The roadmap involves the active support of the Office and comprises, inter alia the following measures: (i) the establishment of a technical committee for the elaboration of the Draft Law on Trade Unions, coordinated by an expert appointed by the ILO and working in full consultation with all social partners; (ii) the strengthening of the “Coordination Council”, that includes the three main Iraqi trade union confederations, and is chaired by the Ministry of Labour and is tasked with consultation and resolution of conflicts and problems affecting trade union action. The Committee welcomes the engagement of the Government to implement the roadmap with the technical assistance of the Office and expects that its implementation will significantly facilitate the establishment of a legal framework aimed at guaranteeing the freedom of association and the right to organize of Iraqi workers and employers and that it will contribute to the respect of trade union rights in practice during the period leading to the adoption of the new legislation.

Legislative issues. In its first comment concerning the application of the Convention in Iraq, the Committee had noted that the Government’s initial report did not provide full particulars concerning the information requested in the report form and had requested the Government to submit a detailed report in 2023, as well as a copy of the latest version of the Draft Law on Trade Unions. The Committee notes the Government’s following indications: (i) a technical committee composed of the representatives of workers, employers and the Government shall be set up with the technical assistance of the ILO to elaborate the new Draft Law on Trade Unions in conformity with the Conventions; (ii) Labour Law No. 37 of 2015 guarantees the right of workers to form and join trade unions in its section 42(1)(k); and (iii) section 14(2) of the Labour Law provides that matters not covered by the law shall be governed by the provisions of the relevant ratified Arab and international labour conventions. The Committee further notes that at the request of the Government, the Office prepared, in February 2023, a technical memorandum on the Draft Law on Trade Unions and has continued to support the process of legislative reform with training activities and a seminar in September 2023, which involved the Ministry of Labour and Social Affairs, social partners and parliamentarians. The activities revealed that one of the difficulties related to the inclusion of public servants in the scope of the draft Law so as to recognize their right to organize. The Committee welcomes the steps taken by the Government and highlights the importance of ensuring that, the future legislation recognizes the right to organize for all workers in both private and public sectors (including civil servants). The Committee encourages the Government to continue to avail itself of the technical assistance of the Office and to pursue the implementation of the road map. The Committee requests the Government to submit a copy of the new law once adopted.

Article 2. The right of workers to join organizations of their own choosing. Trade union monopoly. In its previous comment the Committee had noted the joint observations of eight affiliates of the Conference of Iraq Federations and Workers Unions (CCIFWU), denouncing the continued application of Law No. 52 of 1987 on Trade Unions, which is not in conformity with the Convention, and the practice of the Ministry of Labour and Social Affairs to intervene in trade union affairs and show bias in favour of the General Federation of Iraqi Workers (GFIW) as the official representative union in tripartite bodies, thereby marginalizing and excluding the other federations from social dialogue. The Committee had requested the Government to repeal any legislative imposition of trade union monopoly and had encouraged it to continue to engage with all representative trade union federations. The Committee notes the Government’s indication that the new law on trade unions will contain a provision repealing the 1987 Law; and that the Ministry treats all trade union federations equally and without discrimination. The Committee recalls that the right of workers to establish organizations of their own choosing, as set out in Article 2 of the Convention, implies that trade union diversity must remain possible in all cases. The Committee considers that it is important for workers to be able to change trade unions or to establish a new union at their own discretion. Consequently, trade union unity imposed directly or indirectly by law is contrary to the Convention. Noting the Government’s indications concerning the integration of the Convention into the Iraqi legal order and welcoming the engagement of the Government with the road map proposed by the Direct Contacts Mission, the Committee firmly expects that pending legislative reform, the Government will ensure that all trade unions, federations, and confederations will be able to freely conduct their activities and defend the interests of their members.

Prosecution of union leaders for collection of union dues. The Committee notes the observations of the FITU, alleging that the president of the GFIW, the monopolistic confederation under the 1987 law, had filed several complaints against the leaders and representatives of six independent federations, including the FITU, before the Court of Inquiry of the Federal Commission of Integrity (“Nazaha”). The FITU states that six trade union leaders were summoned to the Court in relation to their legitimate trade union activity and were accused of illegal raising of funds; were subjected to investigation and finally released on bail pending trial. The FITU states that these proceedings constitute a serious threat to the union leaders, putting them at risk of long prison sentences and fines. Furthermore, the Court may order the closure of the federations. The Committee notes that the complaint against the six union leaders concerned the collection of union dues by the federations. The Committee considers that the arrest and detention of workers, and the allegations of criminal conduct against them because of their legitimate trade union activities, is a serious interference in the activities of organizations and constitutes a violation of the Convention. Welcoming the functioning of the “Coordination Council” that can address practical difficulties arising from the exercise of trade union rights, including inter-union disputes, the Committee firmly expects that no trade union member or leader will be subject to arrest, detention or criminal prosecution for their legitimate trade union activities and requests the Government to provide information on the outcome of the proceedings concerning the six union leaders referred to in the observation of the FITU.