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) 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.