Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C138

Direct Request

Display in: French - SpanishView all

Article 2(1) of the Convention. Scope of application and labour inspection. The Committee previously noted the adoption in 2015 of the Labour Code. According to section 3 of the Code, the provisions of this law shall apply to all workers in Iraq. Section 7 provides that the minimum age of employment in Iraq is 15 years. The Committee further noted that a committee under the supervision of the Childhood Welfare Authority was set up under the Ministry of Labour and Social Affairs to investigate and raise awareness among children and young persons working in the informal economy. The Committee requested the Government to provide information on the activities undertaken by such a committee.

The Committee notes the Government’s indication in its report that the committee under the Childhood Welfare Authority regularly collaborates with the labour inspection department to monitor and supervise working children aged 15 years and under, and to ensure the application of the Labour Code by employers. Among the immediate and preventive measures that have been taken, the Government mentions the conducting of a multimedia awareness campaign in collaboration with UNICEF, including the publication of advertisement notices in Baghdad and other governorates and distribution of informative leaflets on the worst forms of child labour. The Committee further notes the statistical information annexed to the Government’s report, indicating that for the period 2 February–30 June 2017, the labour inspectorate had inspected 172 sites in Baghdad and 161 sites in other governorates. The Committee requests the Government to continue to provide information on the measures taken to eliminate child labour in the informal economy as well as the results achieved. The Committee requests the Government to provide information on the actions carried out by the labour inspectorate to investigate and monitor child labour in the informal economy, indicating the number and nature of violations detected.

Article 2(3). Age of completion of compulsory schooling. The Committee previously observed that according to the provisions of Compulsory Education Act No. 118 of 1976, compulsory education begins at the age of 7 years and lasts for a period of six years and therefore is completed at the age of 13 years. It also noted the Government’s indication that a Bill on compulsory education will provide for free and compulsory education to all children who have completed six years and obliges 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 noted the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Ministry of Education is currently examining the possibility of extending compulsory education up to 15 years.

The Committee notes the Government’s indication that, in 2011, a field committee was established to ensure the attendance at school of all children up to 15 years of age. It comprises several departments, including the Child Welfare Authority, the Division for Combating Child Labour and the Social Welfare Department. According to the Government, any request for financial support submitted by families in need has to get the approval of the field committee which monitors the school attendance of children till the age of 15. The Committee notes the absence of information in the Government’s report regarding the Bill on compulsory education that should raise the age of school completion to 15 years. Referring to the General Survey of 2012 on the fundamental Conventions (paragraph 371), the Committee recalls that, if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children. Considering that compulsory education is one of the effective means of combating child labour, the Committee once again urges the Government to take the necessary measures to extend compulsory education up to the minimum age for employment, which is 15 years. It requests the Government to provide information on any progress made in this regard.

[The Government is asked to supply full particulars to the Conference at its 108th Session and to reply in full to the present comments in 2019.]