CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Iraq (RATIFICATION: 1959)

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Legislative developments. The Committee notes that since 2008, the Government has been referring to a draft Labour Code and relevant amendments to be made regarding non-discrimination. In its report of March 2012, the Government indicated that the draft was before Parliament awaiting the second reading. In its most recent report, there is no indication given regarding the stage of advancement of the draft. The Committee recalls the Government’s previous indication that section 5 of the draft Labour Code specifies the prohibition of discrimination in employment and occupation, vocational training and trade union membership services at the workplace. The Committee notes the Government’s indication that the same provision as article 14 of the Constitution, which provides for equality before the law without discrimination based on sex, race, ethnicity, origin, colour, religion, creed, belief or opinion, or economic or social status, will be included in the draft Labour Code. The Committee asks the Government to take concrete steps to include in the Labour Code provisions clearly defining and prohibiting direct and indirect discrimination, for all workers, at all stages of employment and occupation, and covering at least all the grounds set out in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. Please provide specific information on the concrete steps taken in this regard.

Sexual harassment. The Committee recalls that the existing legislation does not appear to provide full and adequate protection against all forms of sexual harassment in employment and occupation. The Committee notes the Government’s indication that the legal and technical experts of the Ministry of Labour and Social Affairs will consider the possibility of submitting a recommendation to higher authorities concerning the inclusion in the draft Labour Code of the provisions addressing and prohibiting sexual harassment in employment and occupation. The Committee recalls that without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addressed all forms of sexual harassment (General Survey on the fundamental Conventions, 2012, paragraph 791). The Committee asks the Government to take concrete steps to include in the draft Labour Code provisions explicitly defining and prohibiting sexual harassment in employment and occupation, both quid pro quo and hostile environment harassment, and to provide information on progress made in this regard. Please also provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation, such as help lines, legal assistance or support units to assist victims of sexual harassment, structures mandated to institute labour-related administrative proceedings regarding cases of sexual harassment, or training for the social partners and labour inspectors.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s indication that the Labour and Vocational Training Department organizes campaigns on available training courses for unemployed workers. Regarding the low level of labour market participation of women and occupational segregation, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). Please provide detailed information on the campaigns on available training courses for unemployed workers, and their impact on the equal participation of men and women in the labour market. The Committee asks the Government to take more proactive measures to promote the equal participation of men and women in the labour market in the public and private sectors, and to promote equality of opportunity and treatment in employment and occupation of men and women belonging to ethnic or religious minorities. As such data was not attached to the Government’s report, the Committee asks the Government to provide statistical information indicating the level of participation of men and women in the various occupations and sectors of activity in the private and public sectors, and of persons belonging to ethnic or religious minorities.

Article 3(b). Educational programmes. The Committee notes the Government’s indication that the Labour and Vocational Training Department organized an awareness-raising forum on vocational training policies, including on equality of opportunity in vocational training. The Committee asks the Government to provide detailed information on the measures taken to raise awareness of the principle of equality of opportunity and treatment in employment and occupation among workers, employers, and among relevant public officials, including the awareness-raising activities by the Labour and Vocational Training Department, as well as its impact.

Article 5. Special measures of protection. The Committee recalls its previous comments on resolution No. 480 of 1989 prohibiting women from working in certain occupations. The Committee also recalls that Decision No. 76 of 1993 expressly provides that resolution No. 480 is suspended pending the promulgation of a subsequent resolution which will either repeal or reinstate resolution No. 480. The Committee further recalls the Government’s statement made in 2011 that resolution No. 480 is still in force. The Committee once again draws the Government’s attention to the fact that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, 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 risks to their health. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men (General Survey, 2012, paragraph 840). The Committee asks the Government to take concrete steps to amend the Labour Code, so that any protective measures regarding women’s employment are strictly limited to maternity protection, and that the prohibitions set out in resolution No. 480 of 1989 are also revised accordingly. Please provide information on any progress made in this regard.