Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Age Convention, 1973 (No. 138) - Iraq (Ratification: 1985)

Other comments on C138

Direct Request

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Article 2(1) of the Convention. Scope of application. Self-employment. The Committee had previously noted that according to section 8 of the Labour Code of 1987, the provisions of the Labour Code including those concerning young persons do not apply to work done by young persons outside an employment relationship or on their own account. It had also noted that as per section 2 of the draft Labour Code, the provisions of the Code are applicable to workers working in the private, mixed or cooperative sector and a worker is defined as a person who works under the direction of an employer in return for wages. The Committee had further noted that according to section 90.1 of the Coalition Provisional Authority Order No. 89 of 2004 (Amendments to Chapter II, Part IV of the Labour Code of 1987), the minimum age for admission to any kind of employment or work within the territory of Iraq shall be 15 years. Noting with regret that the Government has not replied to its previous comments, the Committee once again asks the Government to clarify whether section 90.1 of Order No. 89 of 2004 also applies to children who perform work outside an employment relationship, such as self-employed children.

Article 2(3). Age of completion of compulsory schooling. The Committee had previously observed that according to the provisions of Act No. 118 of 1976, compulsory education, which lasts for a period of six years and begins at the age of 7 years is completed at the age of 13 years. It had further noted with interest the Government’s indication that the new Bill on compulsory education provides for free and compulsory education to all children who have completed six years and that the Bill obliges the parents to enrol their children at schools and ensure their attendance at school until the completion of primary schooling or until the age of 15 years.

The Committee notes that the Government has not provided any information with regard to the adoption of this Bill. Moreover, the Committee notes that according to a report available on the website of the United Nations High Commissioner for Refugees (UNHCR), 69.6 per cent of children between the ages of 5 and 14 are attending school. The Committee expresses its concern at the low percentage of children attending school in Iraq. Considering that compulsory education is one of the effective means of combating child labour, the Committee requests the Government to take the necessary measures to improve the functioning of the education system in the country. In this respect, it once again expresses the firm hope that the new Bill on Compulsory Education will be adopted and implemented in the near future. It also requests the Government to provide a copy once it has been adopted.

Article 7. Light work. The Committee had previously noted the Government’s information that the national legislation does not provide for any exceptions authorized by this Article. It had noted, however, that, according to a report available on the website of the UNHCR, 12.4 per cent of children between the ages of 5 and 14 are working in Iraq. Observing the high proportion of children between the ages of 5 and 14 who are working, the Committee had requested the Government to take the necessary measures to regulate employment by persons of 13–15 years of age in light work.

The Committee notes the absence of information in the Government’s report. In this regard the Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the national legislation may permit the employment of children of 13–15 years in light work, on condition that it is not likely to be harmful to their health or development or prejudice their attendance at school and their participation in vocational orientation or training programmes. Furthermore, under the terms of Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. Considering the number of children under 15 years of age who are engaged in work in the country, the Committee once again requests the Government to take the necessary measures to regulate employment by persons of 13–15 years of age in light work, determine the activities in which light work may be authorized, and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that in spite of the difficult situation in the country, the Government seeks to apply the Convention in practice by amending the Labour Code, the draft of which is currently being examined by the Majlis El Nouwab (House of Representatives). It also notes the Government’s information that the Childhood Welfare Authority under the Ministry of Labour carries out policies, studies and research aimed at the elimination of child labour. The Committee requests the Government to provide a copy of the Labour Code as amended, once it has been adopted.