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(1)(a) and (b) of the Convention. Prohibited grounds of discrimination. The Committee previously noted that: (1) section 1(25) of the Labour Law No. 37/2015 prohibits direct discrimination on the basis of “race, colour, sex, religion, religious community, opinion or political belief, origin and national extraction”; (2) section 1(26) prohibits indirect discrimination on the basis of “nationality, age or health condition, economic or social condition, affiliation to a trade union, and trade union activity”; (3) section 8 prohibits both direct and indirect discrimination in all matters relating to vocational training, recruitment and terms and conditions of employment; and (4) section 11(2) provides for sanctions in cases of discrimination (imprisonment for a period not exceeding six months and/or a fine not exceeding 1 million Iraqi dinars (US$840)). The Committee asked the Government to: (1) clarify the meaning of the term “origin” and the expression “national extraction” referred to in section 1(25), specifying whether “origin” covers the concept of “social origin” mentioned in the Convention; and (2) provide information on the application in practice of section 8 and on any complaints of discrimination filed with the labour court, or with other complaint mechanisms, as well as any sanctions imposed. The Committee notes the Government’s reference in its report to article 14 (“All Iraqis are equal before the law without discrimination based on gender, race, ethnicity, nationality, origin, colour, religion, sect, belief or opinion, or economic or social status”) and article 16 (“Equal opportunities shall be guaranteed to all Iraqis, and the state shall ensure that the necessary measures to achieve this are taken”), which are not related to the points raised by the Committee. The Committee, therefore, asks once again the Government to: (i) clarify the meaning of the term “origin” and the expression “national extraction” referred to in section 1(25), 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 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 previously noted that section 10 of the Labour Law appears to cover both quid pro quo and hostile environment sexual harassment and that section 11(2) provides for sanctions (imprisonment for a period not exceeding six months and/or a fine not exceeding 1 million dinars) in cases of discrimination and sexual harassment. It had asked the Government to provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation. The Committee notes that no information on this point is contained in the report. It, however, notes that, in its 2019 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the lack of data on reported cases of, and prosecutions for, sexual harassment in the workplace (CEDAW/C/IRQ/CO/7, 12 November 2019, paragraph 31). While recognizing the difficult situation prevailing in the country, the Committee asks the Government 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 of sexual harassment, training for workers’ and employers’ organizations and 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.

Additional grounds of discrimination. Disability. The Committee notes that section 16 of Law No. 38 (2013) on the Care of Persons with Disabilities and Special Needs established a quota for the employment of persons with disabilities in the public and private sectors. The Committee notes that in its 2019 concluding observations, the UN Committee on the Rights of Persons with Disabilities (CRPD), expressed concern at “the fact that the 5 per cent quota of persons with disabilities employed in the public sector and the 3 per cent quota of persons with disabilities employed in private-sector enterprises with more than 60 employees, set out in article 16 of Law No. 38 (2013) and in Council of Ministers decision No. 205 (2013), have not been attained”. The CRPD also expressed its concern at: (1) “the absence of regulations to implement article 15(4)(b) of Law No. 38, which states that finding job opportunities for persons with disabilities is one of the objectives of the Law, and (2) the absence of reasonable accommodations for persons with disabilities in the workplace in both the private and public sectors and across all areas of the economy” (CRPD/C/IRQ/CO/1, paragraph 49). The Committee asks 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.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. In the absence of information on this point, the Committee once again wishes to draw the Government’s attention to the fact that the formulation and implementation of a national equality policy presuppose the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. Concrete and specific measures are necessary to address discrimination effectively and promote equality. The Committee asks the Government to identify the measures adopted or envisaged to promote effectively equal opportunities and treatment in employment and occupation irrespective of race, colour, sex, religion, political opinion, social origin and national extraction, and any other prohibited grounds of discrimination.

Equality of opportunity and treatment of men and women. The Committee previously asked the Government to provide information on any policies and measures adopted for the promotion of gender equality in employment and occupation. The Committee notes the adoption of the National Development Plan (2018–2022), in which gender equality is identified as a key priority for the implementation of the 2030 Agenda for Sustainable Development. According to the NDP, “the share of women in senior roles in 2015 compared to men was 9.69 per cent of directors general and 2.56 per cent of undersecretaries. The share of women in ministerial positions declined from six Ministers in 2004 to two Ministers in 2016”. Moreover, the share of women working in the private sector, out of the total of working women, declined from 32 per cent in 2012 to 29 per cent in 2014, while the share of women working in the public sector, out of the economically active women, rose from 41 per cent in 2012 to 46 per cent 2014. This shows that women tend to work in the public sector” (page 37). The Committee notes that the NDP has identified the cultural and social factors as key obstacles to the development of the roles of women and men and weak recourse to women empowerment laws. The Committee further observes that, in its 2019 concluding observations, the CEDAW expressed concern at the high unemployment rate among women and the unequal division of family responsibilities between women and men, the concentration of women in the informal sector and the fact that such women continue to be excluded from labour and social security protection, including pension benefits (CEDAW/C/IRQ/CO/7, 12 November 2019, paragraph 31). The Committee asks the Government to provide information on the results achieved within the framework of the NDP 2018–2022: (i) to address occupational gender segregation in the labour market; (ii) to increase opportunities for women to access occupations in which they are under-represented; and (iii) to promote work-family balance for all employees. The Committee also asks the Government to provide information on: (i) the measures taken to increase women’s participation in the labour market; as well as on (ii) any awareness-raising activities to address the stereotypical views of women’s capabilities and their roles in society.

Article 5. Special measures of protection for women. The Committee recalls that Resolution No. 480 of 1989 prohibiting women from working in certain occupations was suspended by Decision No. 76 of 1993 and that both texts were repealed by Resolution No. 12 of 2001. It recalls, however, that section 85(2) of the Labour Law prohibits the recruitment of women to perform arduous or harmful work specified in regulations to be issued under section 67(3), and that section 86(1) prohibits the employment of women at night; while sections 86(2) and 92(1) provide for special rest periods for women and, in accordance with section 92(2), nurseries must be set up by the employer in enterprises where women are employed. The Committee had therefore asked the Government to take concrete steps to review the provisions of Labour Law No. 37/2015 in light of the principle of equality between men and women workers, so that any protective measures regarding women’s employment are strictly limited to maternity protection and the provisions relating to additional rest periods or the establishment of nurseries apply to the employment of both men and women with family responsibilities on an equal footing. The Government’s report has not provided information in that regard. The Committee recalls once again that measures, 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, the Committee considers that 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 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 (see General Survey of 2012, paragraph 840). The Committee once again asks the Government to examine the possibility of reviewing the provisions of Labour Law No. 37/2015 in light of the principle of equality between 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. The Committee also asks the Government to provide a copy of Resolution No. 12 of 2001 and any regulations issued under section 67(3) of the Labour Law.

Statistics. Recalling the importance of the availability of reliable data to measure discrimination and monitor the progress achieved in combating discrimination in employment and occupation, the Committee asks the Government to provide statistical information on the rate of participation of men and women, disaggregated by sex and ethnicity, in the various sectors of activity, both in the private and public sectors.