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Labour Inspection Convention, 1947 (No. 81) - Iraq (RATIFICATION: 1951)

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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)).

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The Committee notes the information provided by the Government in reply to its previous requests concerning the discontinuation of the performance of additional duties by labour inspectors (Article 3(2) of the Convention), practical examples relating to the cooperation between the labour inspectorate and other public bodies, mainly in the area of social security and occupational safety and health (OSH) (Article 5(a)), and statistics on the number of cases referred to the labour courts and their outcome (Articles 17 and 18).

Legislation. The Committee notes that a new Labour Code was adopted on 15 October 2015, an unofficial translation of which is available at the Office. With reference to its previous comments concerning the lack of dissuasive sanctions under the 1987 Labour Code, the Committee notes with interest that the penalties for labour law violations in the recently adopted Labour Code appear to have been significantly increased. For example, under the 2015 Labour Code, violations of the provisions concerning the prohibition of child labour are punishable with a prison sentence of up to six months, or a penalty of up to IQD1 million (approximately US$896), whereas the 1987 Labour Code provided for a prison sentence between ten days and three months, or a fine between IQD100 (approximately US$1) to IQD300 (approximately US$3).

Articles 3, 5(b) and 12 of the Convention. Freedom of labour inspectors to undertake inspections at their own initiative. Conditions and modalities of collaboration with representatives of employers and workers in tripartite inspection committees. The Committee previously noted that pursuant to section 116 of the Labour Code, labour inspections shall be performed by inspection committees including representatives of employers and workers that are chaired by a labour inspector; and that in case of necessity or urgency, labour inspections may be made by labour inspectors alone subject to a prior authorization by their immediate superiors.

In this regard, the Committee would like to refer to the report of the tripartite Committee set up to examine the representation under article 24 of the Constitution alleging non-observance by the Republic of Moldova of this Convention, and adopted by the Governing Body at its 323rd Session (March 2015). In this report, the tripartite Committee considered that the requirement to obtain prior permission to undertake an inspection in all cases constitutes a restriction on the free initiative of inspectors to undertake an inspection, including where they have reason to believe that an undertaking is in violation of the legal provisions.

The Committee notes that section 128 of the 2015 Labour Code appears to provide for the exclusive competence of tripartite committees to perform labour inspections (including representatives of the National Centre for Occupational Safety and Health where considered necessary), without foreseeing the possibility of individual labour inspectors to conduct labour inspections alone. The Committee requests the Government to take the necessary measures to ensure that labour inspectors have the power to perform labour inspections alone. It further requests the Government to take the necessary measures to ensure that the free initiative of inspectors to undertake an inspection in any workplace liable to inspection is not impeded, in accordance with Article 12 of the Convention. Please also provide detailed information on the conditions and modalities of collaboration between labour inspectors and representatives of employers and workers within the tripartite inspection committees.

Articles 6 and 7. Conditions of service, qualifications and training of labour inspection staff. The Committee notes that the Government indicates, in reply to its request concerning the level of remuneration of labour inspectors, that labour inspectors will be granted special danger pay allowances amounting to 25 per cent calculated on the basis of their nominal salary, as a compensation for the difficulties and risks encountered during the performance of their duties, in addition to the financial bonuses granted to them whenever possible. Concerning capacity development, the Committee notes that the Government refers to in-service training courses for labour inspectors, but that it does not provide further details in this regard. The Committee once again requests the Government to provide information on the level of remuneration of labour inspectors in comparison with that of other public officials with similar responsibilities, such as tax inspectors. It also requests the Government to provide information on the initial and further training provided to labour inspectors (duration, subjects covered, number of participants, etc.).

Articles 10 and 16. Number of labour inspectors and coverage of workplaces by labour inspections. The Committee notes the Government’s indications in its 2014 report that the number of labour inspectors is 110 (50 in Baghdad, and 60 in other governorates), and that each enterprise is covered by labour inspections at least two times a year. However, the Committee also notes the information provided by the Government in the 2013 annual report on labour inspection, according to which the number of labour inspectors is 160 (and the number of inspection committees is 63). The Committee requests the Government to explain the discrepancies in these numbers. It also requests the Committee to continue to provide up-to-date information on the number of labour inspectors (at the central and regional levels). Please also continue to provide information on the number of inspection committees (and their composition).

Article 11. Transport and other facilities necessary for the performance of inspection duties. The Committee notes the Government’s indications that there is a sufficient number of official vehicles for labour inspections, both in Baghdad and in the other governorates, and that each inspection committee arranges to have a vehicle available each morning. The Government further indicates that labour inspectors are provided with the necessary stationary and that no real expenses are incurred by them in the performance of their duties. The Committee requires the Government to describe in detail the material means available in each of the labour inspection services (measuring devices, computers, printers, telephone, cell phones, etc.) and the number and type of transport facilities available for inspection purposes. Please also indicate whether incidental costs and expenses incurred during inspection visits (such as expenditures on petrol, meals and accommodation) are reimbursed to labour inspectors.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of workers. The Committee notes that section 122(3) of the recently adopted Labour Code provides that if an employer does not apply the OSH instructions, the Ministry may, after having issued a warning requesting the employer to rectify the violation, close the work premises or shut off one or more machines until the circumstances giving rise to the closing or shutting-off have been eliminated.

The Committee notes that section 122(3) appears to empower the labour inspection committees to instruct employers to rectify situations that may constitute a threat to the health or safety of workers (Article 13(1)) and to empower the Ministry upon the application of the labour inspection committees to make alterations to the installations or plant (Article 13(2)(a)). However, it appears that this section does not implement Article 13(2)(b), the purpose of which is to protect workers in the event of imminent danger to their health or safety (and which may not be achieved if a previous warning notice has to be issued in each case before measures with immediate executory force may be adopted). The Committee also recalls that in accordance with Article 13(2), under the national legislation, any order may be made subject to appeal. The Committee requests the Government to take the necessary measures to bring the national legislation into conformity with Article 13(2)(b) of the Convention.

Article 17(1) and (2). Discretionary powers of labour inspectors. The Committee notes that section 134(1) of the 2015 Labour Code provides that the Minister must issue a warning to contravening employers before referring a case to the competent courts. The Committee recalls that Article 17(1) provides that persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that Article 17(2) provides that it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. The Committee requests the Government to take the necessary measures to ensure that the national legislation provides, in accordance with Article 17(1) and (2) of the Convention, that prompt legal proceedings may be initiated or recommended without previous warning, where this is deemed necessary to ensure compliance with the legal provisions in relation to conditions of work and the protection of workers.

Articles 20 and 21. Annual reports on the activities of the labour inspection activities. The Committee notes that statistical reports on the annual labour inspection activities for 2011, 2012 and 2013 have been sent with the Government’s report, and that they contain information on many of the subjects required under the Convention, including the staff of the labour inspection service (Article 21(b)); statistics of inspection visits and workers concerned by these visits (Article 21(d)); statistics of violations detected, cases referred to the courts and the corresponding number of convictions (Article 21(e)); and statistics of industrial accidents (Article 21(f)). While welcoming the level of information contained in these reports, the Committee also notes that these reports do not contain information on the number of workplaces subject to labour inspection, and the workers employed therein (Article 21(c)). The Committee considers that this information should be available, in view of the Government’s indications that the Inspection Division of the Ministry of Labour and Social Affairs maintains a database of industrial and commercial workplaces liable to inspection containing information on their number and geographical distribution, and the number of male and female workers employed therein. The Committee requests the Government to continue to publish and send to the ILO annual inspection reports which include detailed information on all of the subjects covered by Article 21(a)–(g), in particular information on the number of workplaces subject to labour inspection and the workers employed therein.

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The Committee notes the Government’s report received by the ILO on 8 September 2010.

With reference to the Government’s previous report, in which it indicated that the draft Labour Code was under examination and would be adopted within a reasonable period, the Committee hopes that the draft Labour Code will be adopted in the very near future and that a copy will be provided to the ILO once it has been adopted.

Articles 2, 10 and 16 of the Convention. Scope, resources and coverage of the labour inspection system. The Government refers to the Labour Code, which establishes the requirement for employers to maintain registers of workers (their wages, leave, accidents and labour inspections), as well as the Guideline No. 20 of 1987 on the fields to be covered by the annual labour inspection report, of which a copy was provided, but is not however complete. Nevertheless, the register referred to by the Committee in its previous comments covers industrial and commercial workplaces in which salaried employees are engaged, which the inspection services have to establish and keep up to date with a view to discharging the eminently important socio-economic mission entrusted to them under the present Convention. This provides a basis for determining the inspection personnel and the necessary resources, transport facilities and budgetary allocations. The Committee once again requests the Government to take the necessary measures to establish and keep up to date a register of industrial and commercial workplaces liable to inspection, including information on their geographical distribution, the number of men and women workers employed and the activities carried out therein, and to keep the ILO informed of any progress in this respect. It would also be grateful if the Government would provide a copy of the full text of Guideline No. 20 of 1987, referred to above.

Article 3. Functions of the labour inspection system. The Committee notes the information provided by the Government. In its previous report, the Government indicated that labour inspectors exclusively entrusted with inspection duties are also assigned other functions outside labour inspection. The Committee recalls in its 2006 General Survey, paragraph 69, in which it emphasizes that the primary duties of inspectors are complex and require time, resources, training and considerable freedom of action and movement, which is why the Convention contains identical provisions stipulating that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3(2) of Convention No. 81, and Article 6(3) of Convention No. 129). The Committee requests the Government to indicate the other functions entrusted to labour inspectors and the measures adopted to ensure that these functions are not such as to interfere with the exercise of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. It hopes that the Government will provide detailed information in its next report on these points which will enable the Committee to assess the extent to which Article 3 is applied in both law and practice.

Article 5(a). Cooperation between the labour inspectorate and other public bodies. The Government indicates that coordination and collaboration exist between all bodies related to the inspectorate and the application of the Labour Code, including the Department of Workers’ Pensions and Social Security, the Department of Occupational Safety and Health, the Department of Labour and Vocational Training and the Employment Service, as well as health care and human environment bodies. The Committee requests the Government to provide details in its next report on the operation of such cooperation, illustrated, where possible, with practical examples.

Articles 5(b) and 12. Cooperation between the labour inspectorate and employers’ and workers’ organizations. The Committee notes the information provided by the Government in its report. In its previous comments, the Committee recalled the provisions of section 116(2) of the Labour Code that is currently in force, which provides for the implementation of labour inspection by tripartite committees chaired by a labour inspector. It observed that under the terms of these provisions, under conditions of necessity or urgency, an inspection may be made by the inspector only with the authorization of her or his immediate superior. The Committee refers to the Government’s previous report in which it indicated that the draft Labour Code was under examination with various actors to bring it into the greatest compatibility possible with ratified Conventions. The Committee hopes that this examination will take into account the provisions of the Convention relating to this point and that, in accordance with Article 12(1)(a) of the Convention, labour inspectors will be authorized to enter freely, that is without being required to obtain specific prior authorization from the higher authority, any premises liable to inspection. It would be grateful if the Government would also ensure that the other powers of investigation and control entrusted to the inspection committees by section 117(1)(c)–(f) and (2)(d) of the Labour Code are also explicitly conferred upon each labour inspector, within the meaning of the Convention, in the new Labour Code that is being prepared.

Article 6 and 7. Status, qualifications and training of labour inspection staff. The Government indicates that inspectors are public employees and in that capacity enjoy the same privileges as other public servants. The Committee once again hopes that the Government will provide information in its next report on the level of remuneration of labour inspectors in comparison with that of other officials with similar responsibilities. It once again requests the Government to indicate whether aptitudes other than the level of education are required from men and women candidates for the profession of inspector and, if so, to indicate which aptitudes.

Articles 10 and 16. The Committee notes that the number of inspectors was 52, according to the Government’s report for 2002, and 39 in the Baghdad governorate, according to the Government’s most recent report which, however, does not provide information on the number of inspectors in other governorates. The Committee would be grateful if the Government would indicate the number of inspection personnel, and provide information of a general nature on the number of inspectors in the various categories, and on the measures taken to ensure that workplaces are inspected as often and as thoroughly as is necessary.

Article 11. Transport and other facilities necessary for the performance of inspection duties. The Government indicates that the Department provides transport facilities to inspectors, in accordance with section 116 of the Labour Code of 1987, which refers to international Conventions in this respect. The Committee observes that neither this section, nor the other sections relating to labour inspection contained in the Labour Code, as amended by Act No. 17 of 2000, contain provisions concerning the allocation of transport facilities to inspectors. It also observes that the reference to international Conventions indicated by the Government comes under the general heading of reasons for amendment, and does not specifically relate to labour inspection. With reference to its previous comments, the Committee hopes that the Government will provide with its next report a copy of any text governing the reimbursement of any costs and expenses necessary for the performance of inspection duties and will describe the procedure to be followed by inspectors to obtain the facilities and subsidies necessary for their professional travel, as well as, where appropriate, the reimbursement of the expenses that they may have incurred for that purpose. The Government is also once again requested to indicate the distribution of the vehicles made available to labour inspectors for their inspection visits, and to describe the procedure for obtaining a vehicle for this purpose.

Articles 13 and 17. Powers of labour inspectors to issue orders to eliminate risks to workers’ safety and health and to prosecute persons committing violations. The Government indicates that safety and health provisions are one of the principal functions of the labour inspection services, which are exercised in accordance with international Conventions, the Labour Code and the Instructions on safety and health No. 22 of 1987. With reference to its previous comments, the Committee wishes to remind the Government once again that Article 13 of the Convention is intended to empower inspectors to make or have made orders to remove a risk to the health or safety of workers, such measures not being intended as a penalty, but to fulfil a preventive role. This provision should be distinguished from Article 17, which defines the various means of action that should be available to inspectors to ensure the application of the legal provisions relating to conditions of work in general, based on the nature and seriousness of the violation, or the general attitude of the employer with regard to her or his obligations, to have the discretion to decide whether to give warnings and advice, or to institute or recommend proceedings. The Committee also noted in its previous comments that the authority of labour inspectors appears to be weakened by the procedure applicable in respect of action pursuant to violations of the labour legislation, under which reports of violations have to be submitted to the hierarchical authorities before, where appropriate, being referred to the competent judicial body. Drawing the Government’s attention to the relevant parts of its 2006 General Survey on labour inspection (paragraphs 105–117, with regard to the powers of injunction envisaged in Article 13, and paragraphs 279–302 in relation to the means of action envisaged in Article 17), the Committee once again requests the Government to provide precise information on the manner in which effect is given or planned to be given in both law and practice to each of the provisions of these Articles of the Convention.

Articles 17 and 18. Legal proceedings and dissuasive sanctions. The Committee noted previously that the amounts of the penalties did not appear to have been changed since the adoption of the Labour Code in 1987. However, fines should be regularly reviewed to take into account inflation so as to maintain their dissuasive nature. The Committee requests the Government to indicate whether provisions allowing the revision of the level of penalties have been envisaged in the draft Labour Code. It would also be grateful if the Government would provide statistics of violations, prosecutions and the penalties applied by the judicial bodies.

Articles 19, 20 and 21. Reports on labour inspection activities. The Government indicates that it will provide a copy of the annual labour inspection report at the end of 2011. The Committee recalls its 2010 general observation in which it emphasized the essential importance that it attaches to the publication and communication to the ILO within the prescribed time limits of an annual labour inspection report. When well prepared, and containing all the required information, the annual report offers an indispensible basis for the evaluation of the results in practice of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee recalls in this respect that extremely valuable guidance on the presentation and analysis of this information is provided in the Labour Inspection Recommendation, 1947 (No. 81). It emphasizes once again, in particular, the need for the inclusion in the annual report of data on the scope of the national labour inspection system (workplaces and persons covered) so as to be able to assess the coverage rate in practice, if necessary, through the appropriate inter-institutional cooperation.

The Committee also recalls its 2007 general observation, in which it observed, among other matters, that information on judicial decisions concerning the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work is reported only rarely to the International Labour Office. It therefore drew attention to Paragraph 9(e) of Recommendation No. 81, which indicates that the statistics of violations and penalties to be included in annual labour inspection reports should include the number of infringements reported to the competent authorities and the sanctions applied, as well as particulars of the nature of the penalties imposed by the competent authorities in the various cases (fines, imprisonment, etc.).

The Committee would be grateful if the Government would provide a copy of the annual report on labour inspection activities as soon as possible. It requests it to take the necessary measures to ensure in future the preparation and publication of the report on a regular annual basis and to ensure that it contains the information and statistics required by Articles 20 and 21, and to communicate a copy to the ILO within the required time limits.

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The Committee notes with interest the Government’s report received at the ILO on 29 September 2008, and its commitment to fulfilling its obligations arising from the Convention. It notes that the adoption of the Labour Code, the draft of which has been submitted to the ILO, will constitute the first step in this direction. Taking account of the Government’s request regarding the necessary period of time for bringing the Code into line with the Convention in consultation with the partners concerned, the Committee would already like to draw the Government’s attention to the following points.

Articles 2, 10 and 16 of the Convention. Scope, means and coverage of the labour inspection system. The Committee notes the Government’s information to the effect that all workplaces, without exception, are liable to inspection. It must emphasize that it is essential, so that the inspection services can fulfil their vital socio-economic mission assigned to them under the Convention, that a register of industrial and commercial workplaces employing wage workers is established and kept up to date. Thus, the numbers of inspection staff and also the material resources and means of transport necessary for ensuring progressive coverage can be determined and relevant budgetary estimates can be made. The Committee therefore requests the Government to take the necessary steps to establish and keep up to date a register of industrial and commercial workplaces liable to inspection, including information on their geographical distribution, the number of men and women workers employed therein, and also the activities carried out therein. The Committee would be grateful if the Government would keep the ILO informed of all progress made in this respect.

Article 3. Functions of the labour inspection system. According to the Government, some labour inspectors only perform inspection duties while others are assigned to different tasks. The Committee reminds the Government that, under the terms of Article 3(1) of the Convention, the functions of the labour inspection system are: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. The Committee would be grateful if the Government would state the number of men and women labour inspectors discharging these duties and also their geographical distribution, by grade and category.

Article 5(a). Cooperation between the labour inspectorate and other public bodies. According to the Government, cooperation between the labour inspectorate and other bodies performing similar tasks takes place in cases involving industrial accidents and cases where workers are exposed to occupational risks and require medical examinations. The Committee would be grateful if the Government would supply details on the working of such cooperation, illustrated if possible with practical examples.

Articles 5(b) and 12. Cooperation between the labour inspectorate and employers’ and workers’ organizations. According to the Government, there is ongoing cooperation between the labour inspectorate and employers’ and workers’ organizations through tripartite inspection committees. The Committee notes under section 6 in the report that inspection committees each comprise an official from the Ministry of Labour, whose sole responsibility is for inspection, and a representative of each employers’ and workers’ organization. According to section 116(2) of the Labour Code in force, the labour inspector may nevertheless, as chairperson of the inspection committee, be authorized to conduct an inspection alone in case of need or urgency, once authorization from his immediate superior has been obtained. The inspector must then contact the other two members of the committee as soon as possible, in order to enable them to participate in inspection operations. The Committee hopes that the Government will take the necessary steps to ensure that, in accordance with Article 12(1)(a) of the Convention, labour inspectors are empowered to enter freely, that is without being obliged to obtain specific prior permission from the higher authority, any workplace liable to inspection. It also requests the Government to ensure that the other powers of investigation and inspection conferred on inspection committees pursuant to section 117(1)(c)–(f) and (2)(d) of the Labour Code are also conferred on every labour inspector in accordance with the terms of the Convention.

The Committee also requests the Government to take steps to ensure that the legislation is revised in such a way that, in accordance with the provisions of Article 12(1)(c)(i) of the Convention, labour inspectors are in any case authorized to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions.

Articles 6 and 7. Status, qualifications and training of labour inspection staff. The Committee notes the Government’s information to the effect that inspectors must be qualified in administration and may only be appointed if they hold a diploma in secondary education and have completed a course of training. The Committee notes that this level of education is lower than the university level required by section 119 of the Labour Code. It recalls that, according to Article 6 of the Convention, the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. According to Article 7, the means of ascertaining such qualifications must be determined by the competent authority (paragraph 2), and labour inspectors must be adequately trained for the performance of their duties. The Committee would be grateful if the Government would indicate whether labour inspectors are public officials and state their level of remuneration in comparison with that of other officials with similar responsibilities.

It also requests the Government to indicate whether steps have been taken to ensure that men and women candidates for the profession of inspector possess, apart from the requisite level of education, the particular aptitudes, especially in psychological and technical terms, necessary for the performance of their diverse and complex tasks. If so, the Government is requested to indicate what measures have been taken.

Article 11. Transport and other facilities necessary for the performance of inspection duties. The Government indicates that the competent authority covers all costs and expenses and provides the necessary means of transport for the performance of inspection duties. The Committee requests the Government to supply copies of any text governing the coverage of such costs and expenses and describe the procedure to be followed by inspectors to obtain the facilities and allowances necessary for their professional travel and also, if applicable, the reimbursement of any expenses that they incur. The Government is also requested to indicate the distribution of vehicles made available to labour inspectors for their inspection visits and to describe the procedure for obtaining a vehicle to this end.

Articles 13 and 17. Power of labour inspectors to issue orders to eliminate risks to workers’ safety and health and power to prosecute persons committing violations. Under Article 13 of the Convention, the Government seems to refer in its report to section 120 of the Labour Code, under the terms of which the inspection committee submits to the Labour Department and the trade union federation a report containing its observations and recommendations regarding possible prosecution of anyone responsible for violating the legislation. The Committee reminds the Government that Article 13 of the Convention aims to empower inspectors to make or to have made orders to remove a risk to the health or safety of the workers, such measures not being intended as a penalty but to fulfil a preventive role. This provision should be distinguished from Article 17, which defines the various means of action at the disposal of inspectors to ensure the application of the legal provisions relating to conditions of work in general (occupational safety and health but also hours of work, pay, weekly rest, holidays, etc.). According to Article 17, labour inspectors should have the discretion to decide, according to the nature and seriousness of the violation, or the general attitude of the employer with regard to his obligations, whether or not to give warning and advice instead of instituting or recommending proceedings. Drawing the Government’s attention to the relevant parts of the General Survey of 2006 on labour inspection (paragraphs 105–117, as regards the powers of injunction provided for by Article 13, and paragraphs 279–302, as regards the means of action provided for by Article 17), the Committee requests the Government to provide precise information on the manner in which effect is given or planned to be given to each of the provisions of these Articles of the Convention.

Articles 19, 20 and 21. Labour inspection reports. According to the Government, a quarterly report drawn up on the basis of inspection reports and containing recommendations is submitted to the competent authority, with a copy sent to the trade union federation. The Committee requests the Government to send copies of the quarterly reports relating to the period covered by its next report and to take steps to ensure that, in the very near future, an annual report as prescribed by Articles 20 and 21 is published and a copy sent to the ILO. It requests the Government to inform the ILO of all progress made in this respect.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government has not provided the report due under article 22 of the Constitution of the ILO. It notes that the information provided by the Government on the operation and activities of the labour inspection system is furnished under the terms "projects realized", "projects guaranteed", "projects not guaranteed", without any indication being provided as to the meaning of these expressions. It would be grateful if the Government would report in detail on the manner in which effect is given in law and practice to the provisions of the Convention, including the information required by the report form.

The Committee also draws the Government’s attention to the following points.

Staff of the labour inspectorate and coverage of needs. The Government indicates that the staff of the 50 inspection committees amounts to 52 labour inspectors, but only 30 representatives of the General Federation of Trade Unions and nine representatives of the Confederation of Industry of Iraq. Noting that, in accordance with section 116(2) of the Labour Code, inspections may only be undertaken, except in cases of emergency or necessity, by the fully constituted tripartite committee, the Committee therefore notes that only nine inspection committees can be operational simultaneously in the country, which is bound to result in practice in only a limited number of inspections in relation to the requirements of Article 16 of the Convention, under which workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Authority of labour inspectors. The Committee notes that although, in accordance with Article 13, paragraph 2(b), of the Convention, the inspection committee, under the terms of section 117(f) of the Labour Code, is empowered to order urgent measures in the event of imminent danger, such as the total or partial stoppage of work or the evacuation of the workplace, in contrast, the authority of labour inspectors appears to be weakened by the procedure applicable in respect of action pursuant to violations of the labour legislation, in accordance with which reports of violations have to be submitted to the hierarchical authorities so as to decide on whether they should be dealt with by the competent judicial body. The combined effect of these delays between the attestation of the violation, the judicial decision and finally the time at which the penalty is imposed, combined with the fact that the amounts of penalties do not appear to have been changed since the adoption of the Labour Code in 1987, are all factors which weaken the dissuasive nature of the action taken and penalties imposed upon those responsible for violating legal provisions respecting conditions of work and the protection of workers.

In the light of the above and noting, firstly, that the annual inspection report provided does not appear to be published as required by Article 20 and, secondly, that it does not address all the matters enumerated in Article 21, the Committee would be grateful if the Government would take the necessary measures to ensure the publication and transmission of such a report with a view to providing the Committee with a good basis for supervising the application of the Convention. It reminds the Government of the possibility of having recourse to the technical assistance of the ILO for this purpose, as well as for the appropriate amendments to the legislation to bring it into greater conformity with the Convention, particularly on the points mentioned above.

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The Committee notes that the Government has not provided the report due under article 22 of the Constitution of the ILO. It notes that the information provided by the Government on the operation and activities of the labour inspection system is furnished under the terms "projects realized", "projects guaranteed", "projects not guaranteed", without any indication being provided as to the meaning of these expressions. It would be grateful if the Government would report in detail on the manner in which effect is given in law and practice to the provisions of the Convention, including the information required by the report form.

The Committee also draws the Government’s attention to the following points.

Staff of the labour inspectorate and coverage of needs. The Government indicates that the staff of the 50 inspection committees amounts to 52 labour inspectors, but only 30 representatives of the General Federation of Trade Unions and nine representatives of the Confederation of Industry of Iraq. Noting that, in accordance with section 116(2) of the Labour Code, inspections may only be undertaken, except in cases of emergency or necessity, by the fully constituted tripartite committee, the Committee therefore notes that only nine inspection committees can be operational simultaneously in the country, which is bound to result in practice in only a limited number of inspections in relation to the requirements of Article 16 of the Convention, under which workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Authority of labour inspectors. The Committee notes that although, in accordance with Article 13, paragraph 2(b), of the Convention, the inspection committee, under the terms of section 117(f) of the Labour Code, is empowered to order urgent measures in the event of imminent danger, such as the total or partial stoppage of work or the evacuation of the workplace, in contrast, the authority of labour inspectors appears to be weakened by the procedure applicable in respect of action pursuant to violations of the labour legislation, in accordance with which reports of violations have to be submitted to the hierarchical authorities so as to decide on whether they should be dealt with by the competent judicial body. The combined effect of these delays between the attestation of the violation, the judicial decision and finally the time at which the penalty is imposed, combined with the fact that the amounts of penalties do not appear to have been changed since the adoption of the Labour Code in 1987, are all factors which weaken the dissuasive nature of the action taken and penalties imposed upon those responsible for violating legal provisions respecting conditions of work and the protection of workers.

In the light of the above and noting, firstly, that the annual inspection report provided does not appear to be published as required by Article 20 and, secondly, that it does not address all the matters enumerated in Article 21, the Committee would be grateful if the Government would take the necessary measures to ensure the publication and transmission of such a report with a view to providing the Committee with a good basis for supervising the application of the Convention. It reminds the Government of the possibility of having recourse to the technical assistance of the ILO for this purpose, as well as for the appropriate amendments to the legislation to bring it into greater conformity with the Convention, particularly on the points mentioned above.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the report provided by the Government in reply to its previous comments.

Article 20 of the Convention. The Committee takes note of the annual report on the activities of the labour inspection services for 1995 which was communicated in May 1997. The Committee recalls that, under the terms of paragraphs 1 and 2 of this Article, these reports should be published and publication should take place within a period of not more than 12 months from the end of the year to which they relate. The Committee would be grateful if the Government would provide further information in its next report on the manner in which these provisions are applied.

Article 21. Noting the statistics of industrial accidents and occupational diseases required under Article 21(f) and (g) of the Convention, the Committee again draws the Government's attention to its general observation of 1996 concerning the potential usefulness of the practical ILO guidelines on the "Recording and notification of occupational accidents and diseases" (ILO, 1996) as a basic work of reference for the collection, recording and communication of reliable data on occupational accidents and diseases and related statistics, for the development of appropriate systems for the recording and notification of occupational accidents and diseases, and as a guide for joint action by employers and workers for the prevention of such accidents and diseases.

General application of the Convention. For a number of years, the Government's reports have not contained information on developments in legislation and practice relating to the application of the Convention. The Committee requests the Government to provide the detailed information required by the Convention in its next report.

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The Committee notes the report provided by the Government in reply to its previous comments.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous comments made over several years, the Committee notes the particularly brief government report indicating that the Government will do its best in the future to publish annual labour inspection reports within the time-limits set in Article 20 of the Convention and to ensure that they contain all relevant information on the activities of the inspection service including on all those listed in Article 21 and in particular Article 21(c) (statistics of workplaces liable to inspection), Article 21(d) (statistics of inspection visits), and Article 21(e) (statistics of violations and penalties imposed). It reiterates the need for the Government to submit reports on the application of this Convention in accordance with the report form approved by the Governing Body. The Committee trusts the Government will not fail to take the necessary measures very shortly to ensure the full implementation of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Further to its previous comments made over several years, the Committee notes the particularly brief government report indicating that the Government will do its best in the future to publish annual labour inspection reports within the time-limits set in Article 20 of the Convention and to ensure that they contain all relevant information on the activities of the inspection service including on all those listed in Article 21 and in particular Article 21(c) (statistics of workplaces liable to inspection), Article 21(d) (statistics of inspection visits), and Article 21(e) (statistics of violations and penalties imposed). It reiterates the need for the Government to submit reports on the application of this Convention in accordance with the report form approved by the Governing Body. The Committee trusts the Government will not fail to take the necessary measures very shortly to ensure the full implementation of the Convention.

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Further to its previous comments made over several years, the Committee notes the particularly brief government report and the report on the activities of the inspection services for 1992. The Committee wishes to point out the need for the Government to submit reports on the application of this Convention in accordance with the report form approved by the Governing Body. It also notes that once again the Government has submitted an annual report on the activities of the inspection services that does not conform to the requirements of the Convention regarding publication of such reports within the time-limits set in Article 20 of the Convention, and the need to provide, in these reports, all relevant information on the activities of the inspection service including on all those listed in Article 21 and in particular in Article 21(c) (statistics of workplaces liable to inspection), Article 21(d) (statistics of inspection visits), and Article 21(e) (statistics of violations and penalties imposed). The Committee trusts the Government will not fail to take the necessary measures shortly to ensure the full implementation of the Convention.

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The Committee notes that the Government's report has not been received. It has nevertheless taken note of the annual inspection report for 1989. It hopes that a report on the application of the Convention will be supplied; that the annual inspection reports will in future be published and transmitted in accordance with Article 20 of the Convention; and that they will include the information required under (e) (statistics on violations and sanctions) and (g) (occupational diseases) of Article 21.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 20 of the Convention. The Committee notes with regret that no reports on the activities of the inspection services have been transmitted to the ILO since 1974. While noting from a communication of the Government that a report has been published, it is bound to recall that annual reports on the work of the inspection services must be published within 12 months from the end of the year to which they relate and transmitted to the ILO within three months of publication. The Committee trusts that, in future, the time laid down in this Article of the Convention will be respected.

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Article 20 of the Convention. The Committee notes with regret that no reports on the activities of the inspection services have been transmitted to the ILO since 1974. While noting from a communication of the Government that a report has been published, it is bound to recall that annual reports on the work of the inspection services must be published within 12 months from the end of the year to which they relate and transmitted to the ILO within three months of publication. The Committee trusts that, in future, the time-limits laid down in this Article of the Convention will be respected. [The Government is asked to supply full particulars to the Conference at its 77th Session.]