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Forced Labour Convention, 1930 (No. 29) - Iraq (RATIFICATION: 1962)

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Articles 1(1) and 2(1) of the Convention. Restrictions on the freedom to resign of persons in the service of the State. Over a number of years, the Committee has been drawing the Government’s attention to the incompatibility of various legislative provisions, which restrict the freedom to resign of persons in the service of the State. It noted in particular section 40(1) and (2) of Act No. 201 of 1975 on civil maritime service, under the terms of which an application to resign filed by a civil officer or seafarer in the merchant navy may be refused and that such refusal is final. It also noted Resolutions Nos 917 of 1988 and 550 of 1989, which establish similar restrictions with regard to various categories of state officials; and section 35 of Civil Service Act No. 24 of 1960, under which the resignation of an official is not valid unless accepted by the competent authority. Finally, the Committee noted that under section 364 of the Penal Code, any official or any person entrusted with public office may be punished with imprisonment if their absence from work may result in the paralysis of a public service. The Committee asked the Government to take the necessary measures in order to bring the above provisions into conformity with the Convention. The Committee notes the Government’s indication in its report that according to section 35 of Civil Service Act No. 24 of 1960, any official may apply for resignation to the competent body; and, in the absence of reply within three months, the application to resign is considered as accepted. The Committee observes however that, under the same section, the request to resign can be either accepted or rejected, and therefore the service is not automatically terminated after the expiration of the notice period. Moreover, the Committee, once again refers to a certain number of provisions which are not in conformity with the Convention, including: (i) section 40(1) and (2) of Act No. 201 of 1975 on civil maritime service, under the terms of which an application to resign filed by a civil officer or seafarer in the merchant navy may be refused and that such refusal is final; (ii) Resolutions Nos 917 of 1988 and 550 of 1989, which establish similar restrictions with regard to various categories of state officials; and (iii) section 364 of the Penal Code, under which any official or any person entrusted with public office may be punished with imprisonment if their absence from work may result in the paralysis of a public service. The Committee draws the Government’s attention to the fact that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length are incompatible with the Convention.The Committee once again requests the Government to take the necessary measures to amend or repeal the abovementioned provisions, either by eliminating the possibility to reject a resignation submitted through notice of reasonable length, or by limiting provisions preventing workers from leaving their employment to emergency situations.
Article 2(c). Obligation to work as a consequence of a conviction in a court of law. In its previous comments, the Committee noted that, by virtue of section 87 of the Penal Code of 1969, any prisoner sentenced to imprisonment for life or a shorter period is obliged to perform the work envisaged by the Act respecting prison establishments. It also noted that sections 88 and 89 specify that severe and shorter sentences are combined with the obligation to work. The Committee requested the Government to provide a copy of any text regulating the conditions of work of convicted persons. The Committee notes Prison Act No. 104 of 1981 annexed to the Government’s report. It notes that under section 18, prisoners perform work either inside or outside the premises of the prison. It also notes that section 20 (amended by Law No. 22 of 2002) provides that prisoners may perform work outside the prison under certain conditions: (i) the prison institution concludes an agreement with the government authorities; and (ii) sections 4 and 5 of the Labour Code on wages, working time, rest periods and public holidays are applied. Moreover, under section 20, prisoners who perform labour shall benefit from the social security coverage in accordance with section 8 of Law No. 39 of 1981 on Retirement and Social Security.The Committee requests the Government to indicate whether prisoners are allowed to carry out work for private entities and under which conditions.
Article 25. Penal sanctions for the exaction of forced labour. Over a number of years, the Committee has been drawing the Government’s attention to section 325 of the Penal Code, under which any public servant or person entrusted with a public service who exacts forced labour from individuals in circumstances other than those relating to the public interest, as set out in laws and regulations, or as required by a state of necessity, or who require them to work in cases other than those envisaged by the law, is liable to a sentence of imprisonment. The Committee requested the Government to take the necessary measures to complete the legislation to ensure that both public officials and private entities which exact forced labour are liable to the penal sanctions, as envisaged in Article 25 of the Convention.
The Committee notes that under section 11(2) of Labour Code No. 35 of 2015, a sanction of imprisonment for a minimum period of six months may be imposed for violation of the provisions on forced labour. The Committee further notes that Anti-Trafficking Law No. 28 of 2012 criminalizes trafficking in persons for sexual exploitation and forced labour, and establishes prison sentences of up to 15 years.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its earlier comments, the Committee noted the adoption of Anti-Trafficking Law No. 28 of 2012, which contains a detailed definition of the constitutive elements of the crime of trafficking in persons, criminalizes trafficking in persons for sexual exploitation and forced labour, and establishes prison sentences of up to 15 years. The Committee noted that, according to the 2015 concluding observation of the United Nations (UN) Human Rights Committee, trafficking in persons and forced labour remain significant problems in Iraq. The Human Rights Committee recommended that the Government ensure that all cases of human trafficking and forced labour are thoroughly investigated; that perpetrators are brought to justice; and that victims receive full reparation and means of protection, including access to adequately resourced shelters. It should also adopt the measures necessary to guarantee that victims, in particular of trafficking for the purpose of sexual exploitation, are not punished for activities carried out as a result of having been subjected to trafficking.
The Committee notes the Government’s indication in its report that pursuant to section 6 of the Labour Code of 2015, forced labour in all its forms, including trafficking in persons and slavery, is prohibited. The Government also refers to the Anti-Trafficking Law No. 28 of 2012, under which sexual exploitation and forced labour are punishable with imprisonment of up to 15 years. The Committee notes the absence of information in the Government’s report on the measures taken to combat trafficking in persons and protect victims of trafficking. The Committee notes, moreover, that according to several reports of the United Nations, including the UN Human Rights Council, in June 2016 (A/HRC/32/CRP.2, paragraphs 54–126), there is a significant level of trafficking of Yazidi women and girls for both sexual and labour exploitation in the country. The Committee also observes that in its Resolution No. 2388 of 2017, the Security Council reiterates its condemnation of all acts of trafficking, particularly the sale or trade in persons undertaken by the Islamic State of Iraq and the Levant (ISIL, also known as Da’esh), including of Yazidis and other persons belonging to religious and ethnic minorities (S/RES/2388, paragraph 10).While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee once again urges the Government to take the necessary measures to prevent, suppress and combat trafficking in persons. In this regard, the Committee once again requests the Government to provide information on the application in practice of Anti-Trafficking Law No. 28 of 2012, indicating the number of investigations and prosecutions carried out, and the specific penalties applied. Finally, the Committee requests the Government to provide information on the measures taken to protect victims of trafficking.

The Committee is raising other matters in a request addressed directly to the Government.

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

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Articles 1(1) and 2(1) of the Convention. Restrictions on the freedom to resign of persons in the service of the State. Over a number of years, the Committee has been drawing the Government’s attention to the incompatibility of various legislative provisions, which restrict the freedom to resign of persons in the service of the State. It noted in particular section 40(1) and (2) of Act No. 201 of 1975 on civil maritime service, under the terms of which an application to resign filed by a civil officer or seafarer in the merchant navy may be refused and that such refusal is final. It also noted Resolutions Nos 917 of 1988 and 550 of 1989, which establish similar restrictions with regard to various categories of state officials; and section 35 of Civil Service Act No. 24 of 1960, under which the resignation of an official is not valid unless accepted by the competent authority. Finally, the Committee noted that under section 364 of the Penal Code, any official or any person entrusted with public office may be punished with imprisonment if their absence from work may result in the paralysis of a public service. The Committee asked the Government to take the necessary measures in order to bring the above provisions into conformity with the Convention.

The Committee notes the Government’s indication in its report that according to section 35 of Civil Service Act No. 24 of 1960, any official may apply for resignation to the competent body; and, in the absence of reply within three months, the application to resign is considered as accepted. The Committee observes however that, under the same section, the request to resign can be either accepted or rejected, and therefore the service is not automatically terminated after the expiration of the notice period. Moreover, the Committee, once again refers to a certain number of provisions which are not in conformity with the Convention, including: (i) section 40(1) and (2) of Act No. 201 of 1975 on civil maritime service, under the terms of which an application to resign filed by a civil officer or seafarer in the merchant navy may be refused and that such refusal is final; (ii) Resolutions Nos 917 of 1988 and 550 of 1989, which establish similar restrictions with regard to various categories of state officials; and (iii) section 364 of the Penal Code, under which any official or any person entrusted with public office may be punished with imprisonment if their absence from work may result in the paralysis of a public service.

The Committee draws the Government’s attention to the fact that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length are incompatible with the Convention. The Committee once again requests the Government to take the necessary measures to amend or repeal the abovementioned provisions, either by eliminating the possibility to reject a resignation submitted through notice of reasonable length, or by limiting provisions preventing workers from leaving their employment to emergency situations.

The Committee notes Prison Act No. 104 of 1981 annexed to the Government’s report. It notes that under section 18, prisoners perform work either inside or outside the premises of the prison. It also notes that section 20 (amended by Law No. 22 of 2002) provides that prisoners may perform work outside the prison under certain conditions: (i) the prison institution concludes an agreement with the government authorities; and (ii) sections 4 and 5 of the Labour Code on wages, working time, rest periods and public holidays are applied. Moreover, under section 20, prisoners who perform labour shall benefit from the social security coverage in accordance with section 8 of Law No. 39 of 1981 on Retirement and Social Security. The Committee requests the Government to indicate whether prisoners are allowed to carry out work for private entities and under which conditions.

Article 25. Penal sanctions for the exaction of forced labour. Over a number of years, the Committee has been drawing the Government’s attention to section 325 of the Penal Code, under which any public servant or person entrusted with a public service who exacts forced labour from individuals in circumstances other than those relating to the public interest, as set out in laws and regulations, or as required by a state of necessity, or who require them to work in cases other than those envisaged by the law, is liable to a sentence of imprisonment. The Committee requested the Government to take the necessary measures to complete the legislation to ensure that both public officials and private entities which exact forced labour are liable to the penal sanctions, as envisaged in Article 25 of the Convention.

The Committee notes that under section 11(2) of Labour Code No. 35 of 2015, a sanction of imprisonment for a minimum period of six months may be imposed for violation of the provisions on forced labour. The Committee further notes that Anti-Trafficking Law No. 28 of 2012 criminalizes trafficking in persons for sexual exploitation and forced labour, and establishes prison sentences of up to 15 years.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its earlier comments, the Committee noted the adoption of Anti-Trafficking Law No. 28 of 2012, which contains a detailed definition of the constitutive elements of the crime of trafficking in persons, criminalizes trafficking in persons for sexual exploitation and forced labour, and establishes prison sentences of up to 15 years. The Committee noted that, according to the 2015 concluding observation of the United Nations (UN) Human Rights Committee, trafficking in persons and forced labour remain significant problems in Iraq. The Human Rights Committee recommended that the Government ensure that all cases of human trafficking and forced labour are thoroughly investigated; that perpetrators are brought to justice; and that victims receive full reparation and means of protection, including access to adequately resourced shelters. It should also adopt the measures necessary to guarantee that victims, in particular of trafficking for the purpose of sexual exploitation, are not punished for activities carried out as a result of having been subjected to trafficking.

The Committee notes the Government’s indication in its report that pursuant to section 6 of the Labour Code of 2015, forced labour in all its forms, including trafficking in persons and slavery, is prohibited. The Government also refers to the Anti-Trafficking Law No. 28 of 2012, under which sexual exploitation and forced labour are punishable with imprisonment of up to 15 years. The Committee notes the absence of information in the Government’s report on the measures taken to combat trafficking in persons and protect victims of trafficking. The Committee notes, moreover, that according to several reports of the United Nations, including the UN Human Rights Council, in June 2016 (A/HRC/32/CRP.2, paragraphs 54–126), there is a significant level of trafficking of Yazidi women and girls for both sexual and labour exploitation in the country. The Committee also observes that in its Resolution No. 2388 of 2017, the Security Council reiterates its condemnation of all acts of trafficking, particularly the sale or trade in persons undertaken by the Islamic State of Iraq and the Levant (ISIL, also known as Da’esh), including of Yazidis and other persons belonging to religious and ethnic minorities (S/RES/2388, paragraph 10). While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee once again urges the Government to take the necessary measures to prevent, suppress and combat trafficking in persons. In this regard, the Committee once again requests the Government to provide information on the application in practice of Anti-Trafficking Law No. 28 of 2012, indicating the number of investigations and prosecutions carried out, and the specific penalties applied. Finally, the Committee requests the Government to provide information on the measures taken to protect victims of trafficking.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Articles 1(1) and 2(1) of the Convention. Restrictions on the freedom to resign of persons in the service of the State. Over a number of years, the Committee has been drawing the Government’s attention to the incompatibility of various legislative provisions, which restrict the freedom to resign of persons in the service of the State. It noted in particular section 40(1) and (2) of Act No. 201 of 1975 on civil maritime service, under the terms of which an application to resign filed by a civil officer or seafarer in the merchant navy may be refused and that such refusal is final. It also noted Resolutions Nos 917 of 1988 and 550 of 1989, which establish similar restrictions with regard to various categories of state officials; and section 35 of the Civil Service Act No. 24 of 1960, under which the resignation of an official is not valid unless accepted by the competent authority. Finally, the Committee noted that under section 364 of the Penal Code, any official or any person entrusted with public office may be punished with imprisonment if their absence from work may result in the paralysis of a public service. The Committee asked the Government to take the necessary measures in order to bring the above provisions into conformity with the Convention.

The Committee notes the Government’s indication in its report that the Ministry of Justice has been informed about the Committee’s request and the Government will provide the relevant information as soon as possible. The Committee once again requests the Government to take the necessary measures to amend or repeal the abovementioned provisions so as to ensure the right of public officials and seafarers to leave service on their own initiative by giving notice of reasonable length.

The Committee notes the Government’s indication that the Ministry of Justice has been informed about the Committee’s request and the Government will provide the relevant information as soon as possible. The Committee once again requests the Government to provide a copy of the Act on prison establishments and any text regulating the conditions of work of persons convicted to a prison sentence who are subject to the obligation to work. Please indicate whether work imposed upon convicted persons may be performed for the benefit of private entities.

The Government’s indicates that the new Labour Code of 2015 which repeals Order No. 89 of 2004 was approved, and that section 11(2) specifies a sanction of imprisonment for a minimum period of six months for violation of the provisions on forced labour. Noting that according to this information, the penalties imposed on perpetrators of forced labour may be limited to short prison sentences, the Committee recalls that under Article 25 of the Convention, really adequate penalties must be applied to persons who exact forced labour. The Committee requests the Government to provide information on the application of the provisions of both the Penal Code and the Labour Code in order to ensure that really adequate and dissuasive penal sanctions are applied on perpetrators of forced labour.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of Anti-Trafficking Law No. 28 of 2012. It notes in particular that the Law contains a detailed definition of the constitutive elements of the crime of trafficking in persons, criminalizes trafficking in persons for sexual exploitation and forced labour, and establishes prison sentences of up to 15 years. Under section 2, a High Committee to Prevent Human Trafficking is also established to design plans and programmes to combat trafficking in persons. Finally, section 11 provides that victims of trafficking shall be provided with social, psychological and physical rehabilitation, as well as financial assistance and temporary shelter based on gender and age classification.

The Committee observes that, in its report of March 2015, the Office of the United Nations High Commissioner for Human Rights indicated that numerous interviews conducted with Yezidi women and girls who fled captivity from the Islamic State in Iraq and the Levant (ISIL) between November 2014 and January 2015 provided reliable information on killings, widespread and systematic enslavement, including the sale of women, rape, sexual slavery and inhumane and degrading treatment (A/HRC/28/18, paragraph 35).

The Committee further notes that in December 2015, the United Nations Human Rights Committee expressed concern about information that trafficking in persons and forced labour remain significant problems in Iraq. The Human Rights Committee recommended that the Government ensure that all cases of human trafficking and forced labour are thoroughly investigated; that perpetrators are brought to justice; and that victims receive full reparation and means of protection, including access to adequately resourced shelters. It should also adopt the measures necessary to guarantee that victims, in particular of trafficking for the purpose of sexual exploitation, are not punished for activities carried out as a result of having been subjected to trafficking (Advance unedited version, CCPR/C/IRQ/CO/5, paragraphs 31–32). While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee urges the Government to take the necessary measures to prevent, suppress and combat trafficking in persons. In this regard, the Committee requests the Government to provide information on the application in practice of Anti-Trafficking Law No. 28 of 2012, indicating the number of investigations and prosecutions carried out, and the specific penalties applied. Finally, the Committee requests the Government to provide information on the measures taken to protect victims of trafficking.

The Committee is raising other matters in a request addressed directly to the Government.

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Articles 1(1) and 2(1) of the Convention. 1. Restrictions on the freedom to resign of persons in the service of the State. Over a number of years, the Committee has been drawing the Government’s attention to the incompatibility of various legislative provisions, which restrict the freedom to resign of persons in the service of the State. It noted in particular section 40(1) and (2) of Act No. 201 of 1975 on civil maritime service, under the terms of which an application to resign filed by a civil officer or seafarer in the merchant navy may be refused and that such refusal is final: it also noted resolutions Nos 917 of 1988 and 550 of 1989, which establish similar restrictions with regard to various categories of state officials; and section 35 of the Civil Service Act No. 24 of 1960, under which the resignation of an official is not valid unless accepted by the competent authority. Finally, the Committee noted that under section 364 of the Penal Code, any official or any person entrusted with public office may be punished with imprisonment if their absence from work may result in the paralysis of a public service. The Committee asked the Government to take the necessary measures in order to bring the above provisions into conformity with the Convention.

While noting the absence of information in this regard, the Committee recalls once again that the Civil Service Act empowers the competent authority to refuse an application for resignation and, with regard to officers, under the terms of the Act on the civil maritime service, such a refusal is considered as being final. The Committee considers that such provisions prevent the persons concerned from leaving their employment by giving notice of reasonable length and have the effect of transforming a contractual relationship based on the will of the parties into service imposed by law.

The Committee expresses the firm hope that the above provisions will soon be amended or repealed, so as to ensure the right of public officials and seafarers to leave service on their own initiative by giving notice of reasonable length. In the meantime, please provide statistical data on the number of applications made to resign and the number of such applications which have been refused, with an indication of the reasons given for such refusals.

2. Freedom of career members of the armed forces to leave the service. Regarding career members of the armed forces and their right to leave the service, in times of peace, the Committee noted in its previous comments that pursuant to sections 33 and 35 of Act No. 3 of 2010, members of the armed forces are engaged for a specified period of service (including training and studies) which may be up to 20 years. Members of the armed services may not leave the service before the end of this period of service, and the Ministry of Defence may postpone requests for the termination of contracts for reasons of public order. The Committee asked the Government to provide information on the application in practice of the abovementioned provisions.

The Committee notes the Government’s statement that compulsory military service has been frozen since 2003. It underlines however that the abovementioned provisions are related to military officers and other career members of the armed forces, who seem not to be allowed to resign even after a specified period of service, which may be up to 20 years. In this regard, the Committee recalls that the provisions of the Convention relating to compulsory military service cannot be invoked to deprive career military personnel of the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length.

In the light of the above considerations, the Committee once again requests the Government to indicate the manner in which career military personnel are guaranteed in practice the possibility to leave the service during peacetime before the completion of the specified period of service (which may be up to 20 years), either at specified intervals or by giving a reasonable period of notice, or by reimbursing part of the training costs borne by the State.

Article 2(c). Obligation to work as a consequence of a conviction in a court of law. In its previous comments, the Committee noted that, by virtue of section 87 of the Penal Code of 1969, any prisoner sentenced to imprisonment for life or a shorter period is obliged to perform the work envisaged by the Act respecting prison establishments. It also noted that sections 88 and 89 specify that severe and shorter sentences are combined with the obligation to work. In the absence of any information from the Government, the Committee again requests it to provide a copy of the Act on prison establishments and any text regulating the conditions of work of persons convicted to a prison sentence who are subject to the obligation to work. Please indicate whether work imposed upon convicted persons may be performed for the benefit of private entities.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. Over a number of years, the Committee has been drawing the Government’s attention to section 325 of the Penal Code, under which any public servant or person entrusted with a public service who exacts forced labour from individuals in circumstances other than those relating to the public interest, as set out in laws and regulations, or as required by a state of necessity, or who require them to work in cases other than those envisaged by the law, is liable to a sentence of imprisonment.

The Committee recalled that this provision does not give full effect to Article 25 of the Convention, under the terms of which the illegal exaction of forced labour shall be punishable as a penal offence, this provision being applicable if forced labour is exacted by any person of whatever status, irrespective of whether the work is exacted for public or private purposes.

The Committee notes the Government’s indication that a draft amendment of the Labour Code is ongoing, and that it is making efforts to ensure the application of the Convention. The Committee trusts that the Government will take the necessary measures to complete the legislation to ensure that both public officials and private entities which exact forced labour are liable to the penal sanctions, as envisaged in Article 25 of the Convention.

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Articles 1(1) and 2(1) of the Convention. Restrictions on the freedom to resign of persons in the service of the State. In the comments it has been making for many years, the Committee has noted that various legislative provisions, which restrict the freedom to resign of persons in the service of the State, are incompatible with the Convention. It noted in particular: section 40(1) and (2) of Act No. 201 of 1975 on civil maritime service, under the terms of which an application to resign filed by a civil officer or seafarer in the merchant navy may be refused and that such refusal is final; resolutions Nos 917 of 1988 and 550 of 1989, which establish similar restrictions with regard to various categories of state officials; and section 35 of the Civil Service Act No. 24 of 1960, under which the resignation of an official is not valid unless accepted by the competent authority. Finally, the Committee noted that under section 364 of the Penal Code, any official or any person entrusted with public office may be punished with imprisonment if their absence from work may result in the paralyzation of a public service.

The Committee notes the Government’s indication in its report that employees in the public sector, including members of the armed forces, are free to leave their employment or to resign when they so wish, in compliance with the rules set out in the Civil Service Act.

The Committee recalls that the Civil Service Act empowers the competent authority to refuse an application for resignation and, with regard to officers, under the terms of the Act on the civil maritime service, such a refusal is considered as being final. The Committee considers that such provisions prevent the persons concerned from leaving their employment by giving notice of reasonable length and have the effect of transforming a contractual relationship based on the will of the parties into service imposed by law.

The Committee hopes that the Government will be able to review all of the provisions referred to above so as to ensure that the persons covered by these provisions are able to resign within a reasonable period, either by giving notice, or at specified intervals. In the meantime, please provide statistical data on the number of applications made to resign and the number of such applications which have been refused, with an indication of the reasons given for such refusals.

The Committee also notes the adoption of Act No. 3 of 2 August 2010 on military service and the retirement of military personnel. It observes that, under sections 33 and 35, members of the armed forces are engaged for a period of service (including training and studies) which may be up to 20 years. Members of the armed services may not leave the service before the end of this period of service, and the Ministry of Defence may postpone requests for the termination of contracts for reasons of public order.

With reference to its comments above, the Committee requests the Government to indicate the manner in which career military personnel are guaranteed in practice the possibility to leave the service during peacetime before the completion of this 20-year period, either at specified intervals or by giving a reasonable period of notice, or by reimbursing part of the training costs borne by the State.

Article 2(c). Obligation to work as a consequence of a conviction in a court of law. The Committee notes that, by virtue of section 87 of the Penal Code of 1969, any prisoner sentenced to imprisonment for life or a shorter period is obliged to perform the work envisaged by the Act respecting prison establishments. It also notes that sections 88 and 89 specify that severe and shorter sentences are combined with the obligation to work. In this respect, the Committee requests the Government to provide a copy of the Act on prison establishments and any text regulating the conditions of work of persons convicted to a prison sentence who are subject to the obligation to work. Please indicate whether work imposed upon convicted persons may be performed for the benefit of private entities.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. In its previous comments, the Committee noted that, under section 325 of the Penal Code, any public servant or person entrusted with a public service who exacts forced labour from individuals in circumstances other than those relating to the public interest, as set out in laws and regulations, or as required by a state of necessity, or who require them to work in cases other than those envisaged by the law, is liable to a sentence of imprisonment. The Committee emphasized that this provision does not give full effect to Article 25 of the Convention, under the terms of which the illegal exaction of forced labour shall be punishable as a penal offence, this provision being applicable if forced labour is exacted by any person of whatever status, irrespective of whether the work is exacted for public or private purposes.

In its report, the Government refers once again solely to section 325 of the Penal Code and indicates that section 5(2) of the draft Labour Code addresses the elimination of all forms of forced labour. The Committee trusts that, in the context of the revision of the Labour Code, the Government will take into account the comments that it has been making for many years with a view to the inclusion of provisions penalizing the exaction of forced labour and thereby ensuring that individuals or private law entities which exact forced labour are liable to the penal sanctions envisaged in Article 25 of the Convention.

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Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Restrictions on the freedom of persons in the service of the State to resign. In its earlier comments made for a number of years the Committee noted the incompatibility with the Convention of various restrictions imposed on persons in the service of the State as regards their freedom to resign. In particular, it has noted that, under section 40(1) of Act No. 201 of 1975 on the Civil Marine Service, an application to resign filed by a civil officer or seafarer may be refused, and under section 40(2) such refusal shall be final. The provisions of Resolutions Nos 917 of 1988 and 550 of 1989 established similar restrictions with regard to various categories of officials. The Committee also noted that, under article 35 of the Civil Service Act (No. 24 of 1960), the resignation of an official is not valid unless accepted by the competent authority. Finally, under section 364 of the Penal Code, any official and any person in charge of a public service may be punished with imprisonment, inter alia, if they leave their work, even after having resigned, if from that results the paralysation of a public service. The Committee asked the Government to take the necessary measures in order to bring the above provisions into conformity with the Convention.

While noting the Government’s assurances that it endeavours to meet its obligation to ensure the effective application of the Convention and to amend legislation, starting with the adoption of the new Labour Code, the Committee expresses the firm hope that the above provisions will soon be amended or repealed, so as to ensure the right of public officials and seafarers to leave the service on their own initiative by giving notice of reasonable length. Recalling also in this connection that career members of the armed forces may not be denied the right to leave the service, in time of peace, at their own request, the Committee requests the Government to supply a copy of the provisions governing the resignation of military officers and other career military personnel. It also refers to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105), likewise ratified by Iraq, regarding resignation of public officials.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments the Committee noted that section 325 of the Penal Code, to which the Government repeatedly referred in its reports, provides for sanctions of imprisonment only for public servants or persons entrusted with a public service who are found guilty in the exaction of forced labour in circumstances other than in the public interest as provided for in laws and regulations. The Committee recalled that, under Article 25 of the Convention, the illegal exaction of forced or compulsory labour is punishable as a penal offence, this provision being applicable if forced labour is exacted by any person whatever his status, and not only for public purposes, but also for private entities. The Committee therefore expresses the firm hope that the Government will indicate, in its next report, the measures taken or envisaged to punish the exaction of forced or compulsory labour in those cases which do not fall under the scope of section 325 of the Penal Code, in particular, when forced or compulsory labour is exacted by private individuals or associations.

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The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters.

Restrictions on workers’ freedom to leave their employment

In comments made for a number of years under both Conventions Nos. 29 and 105, the Committee has drawn attention to the restrictions imposed on workers throughout the economy to leave their employment by giving notice - restrictions that are enforceable with penal and other sanctions.

In its latest report, the Government states that there are no constraints imposed on the freedom of workers to end their service as provided for in section 36 of the Labour Code (No. 71 of 1987) which concerns the termination of labour contracts. Under section 36, paragraph 3, of the Labour Code, a labour contract of indefinite duration ends when the worker decides to terminate it, provided he or she has given the employer written notice at least 30 days before the date of termination set. The Government adds that military personnel in the armed forces do not come under these provisions.

The Committee has taken due note of these provisions. It must, however, point out once again that, under Revolutionary Command Council Resolution No. 150 of 19 March 1987, the rights and obligations of officials shall also apply to all labourers in state departments and the socialist sector who are thus removed from the scope of the application of section 36, paragraph 3, of the Labour Code and come under the following provisions:

- under article 35 of the Civil Service Act (No. 24 of 1960), the resignation of an official is not valid unless accepted by a decision of the competent authority;

- under Revolutionary Command Council Resolution No. 521 of 7 May 1983, resignation of Iraqi officials appointed in the state departments of socialist or mixed sectors shall not be accepted before ten years of actual service in such departments, and moreover the resigning official shall bear the expenses of studying at all educational stages passed before appointment or during the period of service;

- under Revolutionary Command Council Resolution No. 700 of 13 May 1980, an official who resigns without the approval of the department shall in addition be deprived of the rights arising from previous service;

- only women may have their resignation accepted without any conditions, by virtue of resolution No. 703 of 5 September 1987;

- resignation restrictions also apply to civil officers and seafarers under section 40 of Law No. 201 of 1975 on the Civil Marine Service, and to various categories of officials under Resolutions Nos. 917 of 1988 and 550 of 1989;

- finally, under section 364 of the Penal Code of Iraq, any official and any person in charge of a public service may be punished with imprisonment, inter alia, if they leave their work, even after having resigned, if this might paralyse a public service.

Referring to the comments made for a number of years under both the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), the Committee must once again point out that the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour. This applies to workers throughout the socialist and mixed sectors as well as to public officials and, in time of peace, to career members of the armed forces, all of whom must remain free to terminate their employment by giving notice of reasonable length. The Committee once again expresses the hope that the necessary measures will at last be taken to bring national law into conformity with the Convention in this regard, and that the Government will supply information on the measures taken to this end.

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

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Restrictions on workers’ freedom
to leave their employment

In comments made for a number of years under both Conventions Nos. 29 and 105, the Committee has drawn attention to the restrictions imposed on workers throughout the economy to leave their employment by giving notice - restrictions that are enforceable with penal and other sanctions.

In its latest report, the Government states that there are no constraints imposed on the freedom of workers to end their service as provided for in section 36 of the Labour Code (No. 71 of 1987) which concerns the termination of labour contracts. Under section 36, paragraph 3, of the Labour Code, a labour contract of indefinite duration ends when the worker decides to terminate it, provided he or she has given the employer written notice at least 30 days before the date of termination set. The Government adds that military personnel in the armed forces do not come under these provisions.

The Committee has taken due note of these provisions. It must, however, point out once again that, under Revolutionary Command Council Resolution No. 150 of 19 March 1987, the rights and obligations of officials shall also apply to all labourers in state departments and the socialist sector who are thus removed from the scope of the application of section 36, paragraph 3, of the Labour Code and come under the following provisions:

- under article 35 of the Civil Service Act (No. 24 of 1960), the resignation of an official is not valid unless accepted by a decision of the competent authority;

- under Revolutionary Command Council Resolution No. 521 of 7 May 1983, resignation of Iraqi officials appointed in the state departments of socialist or mixed sectors shall not be accepted before ten years of actual service in such departments, and moreover the resigning official shall bear the expenses of studying at all educational stages passed before appointment or during the period of service;

- under Revolutionary Command Council Resolution No. 700 of 13 May 1980, an official who resigns without the approval of the department shall in addition be deprived of the rights arising from previous service;

- only women may have their resignation accepted without any conditions, by virtue of resolution No. 703 of 5 September 1987;

- resignation restrictions also apply to civil officers and seafarers under section 40 of Law No. 201 of 1975 on the Civil Marine Service, and to various categories of officials under Resolutions Nos. 917 of 1988 and 550 of 1989;

- finally, under section 364 of the Penal Code of Iraq, any official and any person in charge of a public service may be punished with imprisonment, inter alia, if they leave their work, even after having resigned, if this might paralyse a public service.

Referring to the comments made for a number of years under both the present Convention and the Abolition of Forced Labour Convention, 1957 (No. 105), the Committee must once again point out that the effect of statutory provisions preventing termination of employment by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Conventions relating to forced labour. This applies to workers throughout the socialist and mixed sectors as well as to public officials and, in time of peace, to career members of the armed forces, all of whom must remain free to terminate their employment by giving notice of reasonable length. The Committee once again expresses the hope that the necessary measures will at last be taken to bring national law into conformity with the Convention in this regard, and that the Government will supply information on the measures taken to this end.

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The Committee notes the Government's replies to its previous comments.

Article 1(1) and Article 2(1) of the Convention. 1. The Committee has referred to paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, regarding the incompatibility with the Convention of various restrictions on workers' freedom to terminate their employment. In particular, it has noted that section 40(2) of Act No. 201 on the Civil Marine Service provides for ultimate refusal to accept the resignation of an officer or rating. The provisions of resolutions Nos. 917 of 1988 and 550 of 1989 and Act No. 1 of 1975 appear to be subject to the same refusal. Whilst it has taken due account of the Government's assurance that it knows of no case where resignation has been refused, the Committee would be glad if the Government would take steps to ensure that the legislation reflects the requirement that no forced or compulsory labour takes place, and that resignation within a reasonable period is possible. Please provide details in the next report.

2. The Committee once again requests a copy of the regulations governing the Youth Training Programme under Act No. 96 of 1987. It would be grateful if the Government would also describe the manner in which the programme operates. This will enable the Committee to appreciate whether the Programme is compatible with the Convention (as to which, see especially paragraph 54 of the 1979 General Survey).

3. The Committee has noted again the Government's statement that foreign workers suffer no restriction on their right to leave the country when their employment terminates. It would nevertheless like to receive a copy of Act No. 118 of 1978 concerning the residency of foreigners, in order to appreciate whether the relevant provisions are compatible with the Convention.

Article 25. 4. The Committee recalls that section 325 of the Penal Code (No. 11 of 1969) only contemplates limited circumstances in the public sector in which an offence of illegal exaction of forced labour arises. Please indicate how it is ensured that penalties are provided for and enforced in accordance with this Article in particular with regard to circumstances falling outside the public sector.

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The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

1. In its previous comments the Committee referred to a certain number of provisions restricting the freedom of persons in the service of the State to resign.

The Committee noted that under section 40(1) of Law No. 201 of 1975 on the Civil Marine Service, an application to resign by an officer or seaman may be refused and that under section 40(2) the decision to refuse the resignation shall be final.

Under resolution No. 917 of 1988, the competent authority may accept the resignation of officers demobilized from military service who wish to resign from the public service and may pension off officers demobilized from military service who wish to retire after not less than 15 years of service. Under resolution No. 550, the competent authority may accept the resignation of an officer who has served for less than 15 years and discharge him of reimbursement of study fees.

The Committee has noted the Government's indication in its report received in November 1993 that under section 40 of Law No. 201 of 1975 officers and seamen may resign, as they are considered as public servants, listed in the list of the public service. The Government states that they are in a statutory relation as are the public servants under Law No. 24 of 1960 on public service, as amended. The Government considers that the provisions of resolutions Nos. 917 of 1988 and 550 of 1989 confirm the provision of section 40.

The Committee observes however that section 40 of Law No. 201 of 1975 provides power to refuse a resignation and that such refusal is final.

The Committee requests the Government to provide information on measures taken or envisaged to preserve the right of officers and seamen to leave the service on their own initiative after a reasonable time, either at specified intervals or by giving notice.

The Committee also referred to the Military Service Retirement Law No. 1 of 1975 and it requested the Government to supply a copy of provisions governing the right of career members of the armed forces to leave the service in peacetime, by means of notice of a reasonable length.

The Committee hopes that the Government will be in a position to furnish this information.

The Committee also recalls its comments under Convention No. 105 in relation to resolution No. 700 of 13 May 1980.

2. In its previous comments the Committee noted that Law No. 96 of 1987 entrusts the implementation of the Youth Training Programme, instituted by Law No. 183 of 1978 to the Ministry of Higher Education and Scientific Research.

The Committee has taken note of the statutes of the General Federation of Young Iraqis, supplied by the Government.

The Committee requests once more the Government to send with its next report the texts of official rules and regulations adopted with a view to the application of the above programme.

3. Article 25 of the Convention. In its previous direct requests the Committee asked the Government to supply information on any provisions punishing the exaction of forced or compulsory labour by private individuals or associations.

The Committee notes that the Government refers to section 325 of the Penal Code No. 11 of 1969 under which is liable to imprisonment any public servant or person entrusted with a public service, who exacts forced labour of a person in circumstances other than in the public interest as provided for in laws and regulations, or required by a state of emergency, or who requires a person to do work in cases other than those provided for in the laws.

As under Article 25 of the Convention, the illegal exaction of forced or compulsory labour, by any person whatever his status, and not only for public activities, but also for private ones, is punishable as a penal offence, the Committee hopes that the Government will indicate the measures taken or envisaged to punish the exaction of forced or compulsory labour in those cases which do not fall under the scope of section 325 of the Penal Code.

The Committee also requests the Government to provide specific indications on the activities which are considered as being of public interest and to furnish the text of the applicable provisions.

4. With reference to its previous comments concerning the freedom of foreign workers to leave the country, the Committee notes the Government's statement in its report received in November 1993, that no restriction impedes these workers, when their contract or their work is finished, to leave their employment, in conformity with section 36 of the Labour Code, and the competent services will give the foreign worker, on his request, a visa to leave the country.

The Committee takes due note of this statement. It again requests the Government to send with its next report a copy of Law No. 118 of 1978 and related regulations, as well as any other related legal provisions.

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1. In its previous comments the Committee referred to a certain number of provisions restricting the freedom of persons in the service of the State to resign.

The Committee notes the Government's indication in its report that under section 40 of Law No. 201 of 1975 officers and seamen may resign, as they are considered as public servants, listed in the list of the public service. The Government states that they are in a statutory relation as are the public servants under Law No. 24 of 1960 on public service, as amended. The Government considers that the provisions of resolutions Nos. 917 of 1988 and 550 of 1989 confirm the provision of section 40.

The Committee observes however that section 40 of Law No. 201 of 1975 provides power to refuse a resignation and that such refusal is final.

The Committee hopes that the Government will be in a position to furnish this information.

The Committee also recalls its comments under Convention No. 105 in relation to resolution No. 700 of 13 May 1980.

The Committee has taken note of the statutes of the General Federation of Young Iraqis, supplied by the Government.

The Committee requests once more the Government to send with its next report the texts of official rules and regulations adopted with a view to the application of the above programme.

The Committee also requests the Government to provide specific indications on the activities which are considered as being of public interest and to furnish the text of the applicable provisions.

4. With reference to its previous comments concerning the freedom of foreign workers to leave the country, the Committee notes the Government's statement in its report, that no restriction impedes these workers, when their contract or their work is finished, to leave their employment, in conformity with section 36 of the Labour Code, and the competent services will give the foreign worker, on his request, a visa to leave the country.

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The Committee notes the Government's report, which was received on 3 December 1991, and the report of June 1991 of the Committee set up by the Governing Body to consider the representation made under Article 24 of the Constitution in relation, inter alia, to Conventions Nos. 105 and 29.

The Committee is addressing a request directly to the Government on various points.

The Committee also refers to its comments under Convention No. 105.

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1. In its previous comments the Committee noted that under section 40(1) of Law No. 201 of 1975 on the Civil Marine Service, an application to resign by an officer or seaman may be refused and that under section 40(2) the decision to refuse the resignation shall be final; it expressed the hope that Law No. 201 of 1975 would be amended so as to entitle the officers and seamen covered by the Law to leave the service on their own initiative after a reasonable period of time, either at specified intervals or by giving notice.

In its most recent report received in 1989, the Government cites in response to the Committee's comments Resolution No. 917 of 1988 and Resolution No. 550 of 1989. Under Resolution No. 917 a competent minister and a head of a department not connected with a ministry may accept the resignations of officials demobilised from military service who wish to resign from public service and may pension off officials demobilised from military service who wish to retire after not less than 15 years of pensionable service. Under Resolution No. 550 the competent minister and the head of a department not connected with a ministry may accept the resignation of an official whose service is less than 15 years and discharge him of study fees; he may pension off an official on his or her request after not less than 15 years of actual service.

The Committee requests the Government to indicate in its next report how Resolutions Nos. 917 of 1988 and 550 of 1989 have affected in practice the application of section 40(1) of Law No. 201 of 1975 on the Civil Marine Service and to supply details on any cases where an application to resign has been refused. The Committee also asks the Government to indicate any measures taken or contemplated towards amending or repealing section 40(1) of the law on the Civil Marine Service.

2. Referring to paragraphs 67 to 73 of the 1979 General Survey on the Abolition of Forced Labour, the Committee in its last comment requested the Government to supply information on the law and practice governing termination of service in the armed forces in peacetime, including a copy of the Military Service and Retirement Law No. 1 of 1975. The Government indicates in its report that the Military Service and Retirement Law No. 1 of 1975 applies exclusively to the military service and no reason can be seen for providing it to the Committee.

In paragraphs 67 to 73 of the above-mentioned General Survey, the Committee discussed restrictions on freedom of workers to terminate employment. It has considered that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law and is thus incompatible with the Conventions relating to forced labour. The Committee, therefore, requests a copy of the provisions governing the right of career military personnel to resign from service in peacetime by means of notice of reasonable length.

3. In its previous request, the Committee asked the Government to indicate whether responsibility for the Youth Training Programme established by Law No. 183 of 1978 has been transferred to another branch of the Government in light of the abolition by Law No. 96 of 1987 of the Ministry of Youth, which previously had responsibility for the Youth Training Programme.

The Government, in its report, refers to Resolution No. 755 of 1987 which promulgates Law No. 96 of 1987, and under article 2, replaces the Ministry of Youth with the Ministry of Higher Education and Scientific Research, relating to the Youth Training Programme. The Committee asks the Government to send with its next report copies of rules or regulations adopted in furtherance of the application of the Programme.

4. Article 25 of the Convention. In its previous direct requests, the Committee asked the Government to supply information on any provisions punishing the exaction of forced or compulsory labour by private individuals or associations. The Committee notes the Government's reference in its report to article 53 of the Labour Law (No. 71) of 1987. Article 53 provides penalties for failure to abide by provisions of the Labour Law relative to protection of wages, not prohibition of forced labour. The Committee therefore, once again, asks the Government to supply indicate any provisions punishing the exaction of forced or compulsory labour by private individuals or associations.

5. In its previous comment, the Committee requested the Government to supply information on any measures taken to ensure that all foreign workers wishing to return abroad upon termination of their contract period or upon loss of the salaried employment for which they offered themselves voluntarily are able to do so. It notes the Government's statement that under Law No. 118 of 1978 concerning residence and regulations established thereunder, foreign workers may leave Iraq at the termination of their contract of employment or if they so wish before the expiration of their employment contract. The Committee asks the Government to send with its next report a copy of the relevant provisions of Law No. 118 of 1978 and related regulations, and information on any measures taken to ensure that those concerned obtain the necessary exit visa.