Individual Case (CAS) - Discussion: 2019, Publication: 108th ILC session (2019)



Discussion by the Committee

Government representative – Ladies and gentlemen in the audience, I would like to congratulate you and ourselves on the Centenary anniversary of the founding of our dear Organization, to which my country has acceded in 1932 and has ratified more than 60 Conventions, including the eight fundamental Conventions, the latest of which, the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Today we are discussing Convention No. 182, which was ratified by Iraq in 2001. That is more than two years after the year it was adopted. Following 2005 and the changes that took place, legislation was adopted, in particular the Constitution of the Republic of Iraq in 2005 and the Labour Code, which was legislated in cooperation with the ILO, which bears the number 37 of 2015.These legal texts have taken into consideration all the international labour standards as well as other models of Labour Codes and, in this regard, an important legislation was adopted to combat human trafficking (Law No. 28 of 2012).

The content of the Report, relies on reports, the majority of which were issued in 2015 and 2016. That is at the peak of the ISIS occupation of three governorates of my country which represent almost the third of the surface area of Iraq. Thanks to God, the security forces benefited from an international support and were able to defeat Daesh and to liberate those governorates and return them to Iraq, but frankly the remnants of war are very well known to all. Their negative effects are very well known to all and I hope that the Committee and all the members States will never witness what Iraq has witnessed over three and more years, starting in 2014 until 2017. All these negative effects have led to negative socio-economic impacts on the inhabitants of these governorates and this has led the Government to work in many ways in conjunction with the international organizations and civil society organizations. It has adopted all the means necessary and we can here mention the most important of these organizations starting with the World Bank.

We were able to secure a loan for the Republic of Iraq which was included in the 2019 budget of US$200 million for the purpose of granting soft loans to the youth in these three governorates so they can rehabilitate them. These soft loans will be borne mostly by the State. Furthermore, we have coordinated with the donors in order to rebuild to achieve reconstruction of Iraq after the Conference that took place in Kuwait in 2017.

Third, we have worked very diligently with the ILO and exchanged many visits with the delegation from the Regional Office in Beirut which visited Iraq at the beginning of this year in January. Their stay in Iraq lasted over more than seven days where joint activities and many visits to officials took place. This was followed by the visit of the Iraqi delegation to Amman (Jordan) so that a draft working paper could be discussed and adopted to allow for the cooperation between our Government and the ILO and this certainly has taken place in cooperation with the social partners.

Fourth, concerning the International Organization for Migration (IOM), we coordinated with IOM on the one hand and the number of countries representations in Iraq whose citizens were among them so that the women and children of ISIS can return to their countries. So here the question is raised if the Government of Iraq was keen for the safety and well-being of children from other nationalities but what about the children of its’ own nationality and citizenship? The report is referring to facts that only pertain to the period of occupation. We do not deny that there are some people of weak spirit who seek to mobilize children in their evil campaign. But especially given the nature of the security conditions, who among you has not heard about the Green Zone in Baghdad and other areas around Iraq today, the security situation is re-established and the Government is firmly dealing with any armed groups that are monopolizing the use of weapons again. Therefore this report should have been deferred to March 2020 in our opinion. We were honoured last year when we met with the representative of the ILO, Corinne Vargha, and discussed a fact-finding commission that would work on establishing this report and not rely on facts that are three years old.

Unfortunately, there is another aspect, the aspect of women who are violated, who were raped by the terrorist gangs. Myself as the head of the Special Needs and Disability Commission and with other colleagues are in charge of a number of shelters and our Government has set up special shelters to take care of these victims but the social situation in Iraq and our specificity as an oriental society has led to the protection of these women against rape and here I would like to pay tribute to the Alzidi Iraq citizen who won the Nobel Peace Prize despite the fact that victims do not come forward but we are trying to help them as much as we can. By the way, today is 12 June 2019, the international day to fight child labour.

I am in Geneva and my Government in Baghdad and all the civil society organizations in Baghdad are working diligently in order to spread a culture of the fight against child labour under the slogan “Children are the men of the future and with them countries can be built”. I am all ears to hear your comments and greetings of God be upon you.

Employer members – At the outset, this is a double-footnoted case dealing with Convention No. 182. It is the first time this Convention has been addressed with respect to Iraq in the Committee. Iraq ratified this Convention in 2001, and has been bound by its provisions since 2002. The Committee of Experts have made two prior observations of Iraq’s compliance with the Convention, one in 2015 and one in 2018. In these observations, the Committee of Experts identified very serious concerns under several general headings. First, the use of children in armed conflict; second, the low numbers of children attending school and being deprived of education; third, the lack of support for the rehabilitation and reintegration of children that have become associated with anti-government, armed forces or groups; and finally fourth, the sexual exploitation and abuse of children, particularly the sexual enslavement of children by groups such as ISIS. The core element of Iraq’s obligations with respect to the Convention is its obligation under Article 3 of the Convention, which is to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Employers’ group notes with regret that this has not happened, despite the promulgation of the Coalition Provisional Authority Order No. 82 of 2004 known as CPA 89, which, among other things, laid down penalties for offences related to the forced or compulsory recruitment of children for armed conflict. Turning to the first issue in this observation and in this case the issue of the use of children in armed conflict. In 2015, the Committee of Experts noted that the penalties prescribed by CPA 89 were very low. It also noted UN observations in 2012 that armed groups such as Al-Qaeda and ISIS continued to recruit young boys and girls to take part in hostilities and that many had been killed or wounded as a result. It further noted that CPA 89 was repealed by the Labour Code of 2015, which did not contain comparable provisions, but noted that the Government intended to introduce laws that would enable the prosecution of any person who recruited children for the purpose of using them in conflict. In 2018, the Committee of Experts noted that the Government had yet to provide any information on progress. And further noted the UNB report of 2018, that the practice of recruiting children for conflict, primarily by ISIS, continued, as well as that by the Popular Mobilization Forces, the PMF, in organizing military training for boys aged 15 and over. Clearly, this is a complex situation. Cleary, only some of which the Government of Iraq has the means to control directly. For instance, in 2015, the UN verified the recruitment of children for purposes of conflict by both the anti-Government ISIS forces, and the pro-Government, PMF. Reports of children being used by ISIS as human shields, as spies, as suicide bombers, sit alongside reports of PMF forces recruiting boys as young as 10 for combat roles. Hundreds of children on both sides of the conflict have been killed and wounded. The 2015 UN Report noted that a lack of clear rules for recruitment, including specification of minimum age, and procedures for disciplining those who violated them were significant factors in the deplorable situation noted by the Committee of Experts in its Report. A lack of more recent information means that it is difficult to evaluate whether any progress has been made since 2015. This lack of information is concerning and, coupled with a lack of information on related topics, leads to the possibility that little has been done in the interim by the Government. Therefore, the Employers’ group urges the Government to take urgent and transparent steps to expedite its efforts to meet its obligations under the Convention and particularly its obligations under Article 3.

The situation relating to education is no less complex. Widespread conflict, the risk of attacks on schools as well as the recruitment or abduction of children for combat purposes while at school all play a significant part in separating children from their right to a basic education free from interference or harm. It appears that some progress in this respect has been made. The Government has advised of its commitment to the UNESCO Teach a Child Project which aims to improve informal education opportunities and to provide alternative education to more than 180,000 out-of-school children in rural areas with the aim of integrating them into formal education. By 2015 an unspecified number of children had been registered under this Scheme. The Government reported that the Ministry of Education had implemented several awareness-raising measures targeted at children in primary schools in the most deprived regions and those with the highest drop-out rates in the governorate of Baghdad. However, in its 2015 Report, the UN Committee on the Rights of the Child expressed concern that only half of secondary school-age children were attending school primarily because of the risks discussed. The Committee of Experts’ 2018 Report repeats the concerns of 2015 in this regard and notes a continuing absence of information from the Government on this matter. It also notes that the UN Report of 2018 in which it identifies attacks on schools and a continuance of alarming levels of absence from education of a large proportion of school-age children continues to exist. For instance, approximately 355,000 internally displaced children have no access to basic education and in conflict affected areas as many as 90 per cent of school-age children are left out of the education system altogether. According to UNICEF, in Iraq only about 5 per cent of Government spending is directed to education. In its 2018 Report, the Committee of Experts urged the Government to increase this amount and to take the necessary measures to improve access to, and enrolment in, and the completion rates for basic free education for all children and, in particular, paying special attention to girls, children in rural areas and those affected by conflict. The Employers’ group echoes the Committee of Experts’ call in this regard. It is imperative that all children receive basic education so that they can work towards realizing their full potential in years to come for the good of themselves, their families, their communities and their country. The Committee of Experts, in its 2015 observations, noted that the Government had not updated earlier information concerning measures it had taken to remove children from armed groups and ensure their rehabilitation and reintegration. In this regard, the Committee of Experts expressed concern that to date several hundred children had been indicted or convicted of terrorism-related charges for their alleged association with armed groups. In its 2012 General Survey, Giving globalization a human face, the Committee of Experts commented on the challenge of rehabilitating former child soldiers, saying, among other things, “despite the positive achievements obtained in most countries, particularly in removing children associated with armed forces, the effective re-integration of former child soldiers into civil society remains a major challenge”.

Indeed, observing that these children commonly face major obstacles to their social integration and are therefore at high risk of being re-recruited by armed forces, the Committee of Experts stressed the importance of ensuring that child victims of this worst form of child labour receive appropriate assistance for their rehabilitation and social integration.

The Committee of Experts expressed its concern over such practices and recalled that these children must be treated as victims, rather than as offenders. The Employers’ group is of the same view and calls upon the Government of Iraq to ensure the children who have become associated with armed groups are treated fairly in light of their particular circumstances and not in a generic context as offenders.

Turning to the issue of sexual exploitation and abuse, the UN in its 2015 report, deplored the ISIS practice of sexual slavery, including the operation of slave markets and the sexual abuse of children in ISIS prisons. Information on hand at the time suggested that over 1,200 children have been abused through these means.

In both 2015 and 2018, the Committee of Experts expressed their concern at these practices and urged the Government to take effective and time-bound measures to remove children under the age of 18 from sexual slavery and ensure their rehabilitation and reintegration into society.

In 2018, the Committee of Experts once again noted a continuing lack of information forthcoming from the Government on this matter. The Employers’ group also echoes the Committee of Experts’ call for action, and in fact would go one step further and take this opportunity to add that the requested measures should not be limited to those under 18 years of age, as sexual exploitation and abuse is not only a breach of Convention No. 182, but also of other fundamental labour and human rights standards, including the Forced Labour Convention, 1930 (No. 29).

Therefore, while we thank the Government for its submissions this evening, clearly more, and we would suggest much more, needs to be done and in a time-bound manner.

Worker members – Combating the economic exploitation of children is at the heart of the ILO’s mandate, and while the Minimum Age Convention, 1973 (No. 138), stemmed from a rich history dating back to the founding of our Organization, the Worst Forms of Child Labour Convention, 1999 (No. 182), which we will be referring to in the case of Iraq, is much more recent. Convention No. 182 was, in fact, adopted in 1999.

The ILO constituents thus sought to respond to the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour as a major priority of national and international action. One of the main objectives of this Convention was to supplement Convention No. 138 and its corresponding Recommendation.

As the Preamble to Convention No. 182 clearly states, the effective elimination of the worst forms of child labour requires immediate and comprehensive action, taking into account the importance of free basic education and the need to remove the children concerned from all such work and to provide for their rehabilitation and social integration while addressing the needs of their families.

The Preamble identifies poverty as a major cause of child labour. In Iraq, this poverty has been generated by years of conflict in the region. The Iraqi population, and particularly children, have paid the price and continue to pay it to this day.

The Committee of Experts notes that a first serious failure with regard to the Convention in Iraq is the compulsory recruitment of children under the age of 18 for use in armed conflict. Such recruitment is formally prohibited by Articles 1 and 3 of the Convention. Iraq must therefore take immediate and effective measures to ensure the prohibition and elimination of this form of child labour as a matter of urgency.

We are well aware that a proportion of the children under the age of 18 recruited for use in the conflict is not attributable to the Government of Iraq that is before our Committee. However, it is this Government that must exercise its sovereignty and the related obligations on Iraqi territory. Doing everything possible to ensure the application in law and in practice of the Convention is part of these responsibilities.

The recent report of the United Nations Secretary-General on children and armed conflict indicated that child recruitment had also been identified among pro-Government forces in areas of armed conflict.

We deplore, as bitterly as the Committee of Experts, that the recruitment of children for engagement in conflict is continuing in practice. The report of the United Nations Secretary-General sets out the reasons for the recruitment of certain children: suicide bombers, production of explosives and sexual exploitation. This is quite simply intolerable. The eradication of these forms of child labour must be the highest of priorities for the Government of Iraq.

It would also appear that military training is organized for boys aged 15 and over by pro-Government forces. We hope that Iraq will respond to the call made by the United Nations Secretary-General, which we endorse, for an action plan to bring an end to the training, recruitment and use of children by pro-Government forces.

To combat these practices, it is essential for the legislation in Iraq to establish this prohibition explicitly together with effective and dissuasive penalties against those responsible for such recruitment. The Government of Iraq indicated that it is working on the adoption of such legislation. We hope that the results will be seen very rapidly.

As we know, the most effective means of removing children from work, and particularly from the worst forms of child labour, is to guarantee their access to education. Article 7(2) of the Convention requires Iraq to take effective and time-bound measures to prevent the engagement of children in the worst forms of child labour and to ensure their access to free basic education.

The information available to us indicates that the obligation to attend school is only applicable up to the age of 12 years. The minimum age for admission to work is set at 15 years. There is therefore a gap of three years during which there is a major risk of children falling into the worst forms of child labour. It is necessary to resolve this legal gap through legislation reforms. Sadly, we have not received written information from the Government on this subject and we hope that it will be able to tell us more in this regard.

Compliance with these obligations is not ensured. Far from it. Various reports describe a worrying situation, with schools being attacked and schoolchildren abducted on their way to school. Statistics on school attendance are also a cause for concern, particularly for girls, children in rural areas and in war-affected areas.

It is difficult under these circumstances for the programme established in collaboration with UNESCO to have a good chance of prospering. And yet, this programme offers an opportunity that the Government must seize and which should be given every chance of succeeding. However, UNESCO reports that the credits allocated by the Government of Iraq for investment in education are too low and are not sufficient to guarantee access to education for all Iraqi children. We are bound to endorse the profound concern expressed by the Committee of Experts at the large number of children denied education in Iraq.

The 2012 General Survey on the fundamental Conventions identified the rehabilitation of former child soldiers into civil society as a challenge. In practice, these children have often suffered profound traumas which make their social rehabilitation difficult. They therefore need very specific and appropriate assistance. Article 7(2) establishes in this respect that Iraq is required to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. And to do this, Iraq will have to treat these children as victims, not offenders.

The concerns of the Committee of Experts on this subject go back to 2010, when a direct request to the Government of Iraq referred to some 800 children in detention. It is therefore a long-standing problem to which we call on the Government of Iraq to find an effective solution rapidly. The same applies to the social rehabilitation of child victims of conflict in Iraq, which has deprived them of their innocence and the basic education necessary for the development of each child.

The Committee of Experts finally raises the issue of the cases of sexual slavery by the Islamic State. These facts are reported by the Committee on the Rights of the Child and in the report of the United Nations Secretary-General. It is to be regretted that the Government of Iraq has not provided any information in its report on these terrible sufferings.

The situation in Iraq is particularly difficult. No one can deny that. The Government must nevertheless exercise its sovereignty in full over the territory of Iraq with its related responsibilities. Taking every measure to ensure as rapidly as possible the application in law and practice of the Convention is part of its responsibilities.

Employer member, Iraq – I would like to point out that many children have been enrolled by Daesh and have been under terrific exploitation. A huge number of children need to be rehabilitated and need assistance. We need support so that we can address this particularly serious situation, on the one hand, and on the other, we have to take into account the fact that our country was destroyed. The infrastructure was damaged and that hinders the work of enterprises and of employers. That is why once again we have to redouble our efforts in a professional way to train employees and managers and all those in our country who are concerned by this.

There is also the problem of the exodus of so many in our ranks. We have suffered a brain drain and the loss of so many skilled people. That is why we need authorization for these people to move around and this calls on the Government and on the employers in particular. We need to come to a solution to these administrative and logistic problems. Administration is an obstacle to our work today. That is why, we need your support. We need the help of this Committee. And, bear in mind that this difficult and sensitive situation also has its effects on neighbouring countries.

Another Employer member, Iraq – The situation of children has been worsened by the issue of unemployment. Over 85 per cent of factories and centres of production in Iraq are no longer operational and that is why the number of unemployed among young people has risen exponentially. Male heads of poor families are often unemployed and, as a result, they cannot put food on their families’ table. Furthermore, following the events in 2014 and the invasion of the country by Daesh, the situation has only got worse. Because it has got worse, these unemployed people need to be given help to get back into the labour market. That is why Iraqi factories and businesses need to be helped to reopen their doors and start working again so that they could get the unemployed back their jobs. The job creation issue is one of the problems the Government is trying to tackle, but because it is so difficult it needs help in that respect.

Government member, Romania – I am speaking on behalf of the European Union and its Member States. The candidate countries the Republic of North Macedonia, Montenegro and Albania, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, the EFTA country Norway, member of the European Economic Area, as well as the Republic of Moldova and Georgia align themselves with this statement.

Eradication of child labour constitutes a priority of EU human rights action. We support the ratification and implementation of the UN Convention on the Rights of the Child, as well as ILO Conventions Nos 138 on minimum age and 182 on the worst forms of child labour. We are committed to the achievement of the UN Sustainable Development Goals, which include two relevant targets for eliminating child labour by 2025 and to mainstream this objective in our development policy. We have also welcomed the Declaration on the Sustained Eradication of Child Labour adopted at the fourth global conference on the subject in Buenos Aires in 2017.

The recruitment and use of children in armed conflicts constitutes one of the worst forms of child labour. The EU adopted in 2008 an updated version of its Guidelines on children and armed conflict with the objective of addressing the short-, medium- and long-term impact of armed conflicts on children, and in particular to end the use of children in armed forces and groups.

The EU and its Member States are long-term partners of Iraq. In response to the many challenges Iraq is facing after years of conflict, the EU has adopted in 2018 a new strategy for Iraq to support the Government’s efforts both in the short term, in the field of humanitarian aid and stabilization, as well as on long-term processes related to reconstruction, reconciliation and development. In the trade area, the EU and Iraq have signed a cooperation and partnership agreement.

Despite an end to the conflict, 1.67 million people, including 800,000 children, remain displaced and humanitarian assistance is still needed to deliver basic services in many parts of the country. Displaced populations add to the 4.27 million people, including over 2 million children, who have recently returned to their places of origin. Children in Iraq have been severely affected and even traumatized. A certain number of them have been enrolled for use in conflict, killed, maimed, raped and enslaved.

We express deep concern over the last UN Secretary-General’s report about the recruitment of children for their use in armed conflicts. The report also mentions the organization of military training by pro-Government popular mobilization forces. We therefore urgently request the Iraqi Government to ensure that children under 18 are not recruited into armed groups and armed forces anymore and ensure demobilization and long-term reintegration of children who have already been recruited. The national legislation should be amended to adopt a law prohibiting recruitment of children under 18 years old. Finally, immediate and effective measures should also be undertaken to ensure thorough investigation and prosecution of all persons, including members of the regular armed forces who recruited children under 18 years for their use in armed conflict. Sufficiently effective and dissuasive penalties should be imposed for those convicted persons.

We welcome the Government of Iraq’s recent reopening of schools in Mosul with assistance by UNICEF. However, we express deep concern over the high number of children who still remain out of school, close to 2.6 million according to UNICEF. The situation is of particular concern in conflict-affected governorates, where more than 90 per cent of school-age children are left out of the education system. Almost half of all school-age displaced children – approximately 355,000 children – are not in school. The situation is much worse for girls, who are under-represented in both primary and secondary schools. Iraq’s infrastructure is in ruins in many parts of the country; one in every two schools is damaged and needs rehabilitation. A number of schools operate in multiple shifts in an attempt to accommodate as many students as possible.

Out-of-school children are more vulnerable to exploitation and abuse, including child labour, recruitment and use by armed actors and early marriage. We therefore urge the Government to improve access to free, quality, basic education of all children, particularly girls, children in rural areas and in areas affected by war. Measures should also be undertaken to increase the enrolment, attendance and completion rates at the primary and secondary levels and to reduce school drop-out. Since the Government of Iraq has given priority to the decentralization of service delivery, including education, the capacity of education departments at the governorate level need to be boosted in order for them to oversee the implementation of education policies and plans, the recruitment and management of human resources, the supervision of schools, and the management of educational infrastructure.

Investing in education is investing in the future of the country. Decades of under-investment have also contributed to the collapse of an education system which use to be the best in the region. Restoring quality education services to all should be a priority area of the Government and sufficient financial resources should be allocated to that aim.

We also express concern over the children who are still arrested, detained or convicted for their alleged cooperation with terrorist groups. We are cognizant of the fact that these are very sensitive cases. However, we would like to recall that enrolment of children by armed groups is an infringement of international law and those children who are in this situation should be recognized primarily as victims. Moreover, rehabilitation and reintegration programmes for children formally associated with terrorist groups through education programmes, psychological support, vocational training and initiatives for social reintegration into society should be prioritized.

Finally, the Government should pay special attention to the children who have been abducted and used as sexual slaves by Daesh. Such inhumane and degrading treatment causes severe physical and psychological trauma that changes lives forever. It is therefore crucial that the Government takes all measures to remove children from sexual slavery and provides them with psychological and care services, and facilitates their reintegration into society, so that they are able to go back to normal life.

Children are the future of the country and their situation with regard to education, rights and well-being should not be neglected. They will play an essential role in the country’s reconstruction, including on the issue of reconciliation. They should be a priority target for the Government. The EU and its Member States will continue to support the Government of Iraq in this endeavour.

Observer, International Trade Union Confederation (ITUC) – Iraq’s circumstances over the past decades, namely three wars and ISIS terrorist attacks, led to an environment unfit for the implementation of ILO standards especially Convention No. 182, in particular the provisions which require the rapid promulgation of legislation to ban, penalize any recruitment of children, especially those under the age of 18, in armed conflict.

Such activities in practice, according to Iraqi law, are indeed banned. We, in the General Federation of Iraqi Trade Unions, value the content of the Committee of Experts’ report, namely that the most effective means to remove children from the worst forms of child labour is to provide them with free basic education and to implement Iraqi legislation through the prevention of school dropouts and the improvement of education processes. This especially applies to war-torn areas which were under ISIS control. This would be a first step in the right direction.

We wish to also reaffirm the need for the Government to take on board the Report’s contents regarding sexual slavery practices by ISIS. These are heinous acts calling for specific measures as well as the rehabilitation of the victims.

We further reaffirm the need for the Government to request technical assistance from the ILO and other international organizations to overcome the obstacles faced by the country which were inflicted on it and on its children, and through them we could reconstruct our country and rebuild a peace-loving society and a democratic one.

Worker member, Spain – As you all know, yesterday, 12 June, was World Day against Child Labour. The ILO launched that day in 2002 to raise awareness about the magnitude of this problem and unite efforts to eradicate this practice. On 12 June, we have the opportunity to encourage and coordinate the initiatives of governments, employers and trade unions, civil society, the communication media and many other local stakeholders, including schools and local authorities, in the fight against child labour.

It should be recalled before this Committee that Convention No. 182, which we are discussing in the case of Iraq, is now celebrating its 20th anniversary and is close to universal ratification. We are calling for its full ratification together with that of Convention No. 138 and the Protocol of 2014 to the Forced Labour Convention, 1930.

We are still far away from meeting the expectations of target 8.7 of the 2030 Agenda to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including the recruitment and use of child soldiers, and by 2025 to end child labour in all its forms. Without a doubt, we are even further away in the case of Iraq.

The United Nations Children’s Fund (UNICEF) reminds us that there are 4 million children in Iraq in a very vulnerable situation, as they are the group that is hardest hit by the violence: more than 1,000 children have been killed, 1,300 have been abducted, one in every five suffers stunted growth, 1.2 million are outside the education system, 800,000 have been orphaned, some 4,700 have been separated from their families, 500,000 are involved in child labour, and 600,000 are still displaced.

Moreover, since declaring “victory” over Islamic State at the end of 2017, the authorities have been pursuing those children accused of belonging to Jihadist groups – children that have been used by ISIL as war slaves.

Regrettably, the Iraqi authorities are imprisoning them again, sometimes in adult prisons, are torturing them and, at best, placing them in isolated camps and excluding them from rehabilitation programmes.

Although the armed conflict has reduced in intensity since the end of 2017, there is still a need to step up humanitarian assistance because the children of Iraq are facing numerous challenges. Given the gravity of the situation, we ask the Committee to make an urgent appeal for the complete eradication of forced and child labour in Iraq, with investigations, justice and compensation. Without help, these children will most probably take up arms again. Iraq is investing a lot in the detention of these minors, money that would be better spent on compensation for the harm caused to the victims of this conflict.

Government member, Canada – We recognize that the situation in Iraq remains challenging, with the continuing presence of armed groups, incidences of armed conflict and terrorist activity. Canada supports a united, stable, diverse and democratic Iraq, and is fully committed to supporting the Iraqi Government and its people on the road to stability, security and good governance.

As a key player in the Middle East region, now is the time for Iraq to strive to overcome challenges that threaten its most precious asset – its youth. As the Committee of Experts and several United Nations reports make clear, Iraq suffers from some of the worst forms of child labour, including the recruitment of children for use in armed conflict and commercial sexual exploitation, particularly of girls. Many children in Iraq have suffered greatly and continue to suffer, especially boys and girls from diverse ethnic and religious groups and those displaced from their communities. The Government of Iraq must act without delay to protect its children and rehabilitate its youth.

Canada therefore urges the Government of Iraq to take immediate and effective action to: adopt a law that clearly prohibits the recruitment of children under 18 years of age for use in armed conflict and put a stop to such recruitment in practice; to take all necessary measures to remove children from situations of sexual slavery and exploitation; and to introduce and strictly enforce effectively dissuasive penalties against all perpetrators to prevent other children from being forced into armed conflict or situations of commercial or sexual exploitation. Furthermore, we urge the Government to recognize that minors have often been victimized and should not be treated as offenders and accomplices. Rather, their rehabilitation and social integration should be prioritized.

Finally, we encourage the Government to take all necessary measures to ensure the safety of school children and improve access to free, basic, quality education, as such access would help prevent the engagement of children in the worst forms of child labour. Canada would be pleased to discuss with the Government of Iraq how we might provide any support or assistance in these endeavours.

Worker member, Norway – I will speak on behalf of the trade unions in the Nordic countries. Children in Iraq continue to be victims of grave child rights’ violations. This is confirmed by a report of the UN Secretary-General on children and armed conflicts and several other reports from UN bodies. Boys as young as 12 years are recruited and used in military operations by the Islamic State in Iraq and Levant (ISIS), by the Government Popular Mobilization Forces (PMF) and by self-defence groups supporting Iraqi security forces. The Iraqi Government has not shown any political will to curb these groups’ use of child combatants.

Children in Iraq are vulnerable to recruitment in the ongoing conflicts. They are used as suicide bombers and combatants, for logistics and manufacturing explosive devices. In addition, they are sexually exploited and used as wives of fighters and as sex slaves.

During the war, a large number of children were detained and convicted of terrorism for their association with armed groups. Only in 2017 at least 1,036 children remained in detention on national security-related charges, mostly for their alleged association with ISIS. The Nordic trade unions express its deep concern of this practice. We do emphasize that children under the age of 18 should be treated as victims and not offenders.

Refugees and internally displaced children in camps remain vulnerable to sale and trafficking for sexual purposes. NGO reports contain evidence of local government authorities and security personnel working in collaboration with human trafficking networks in the Kurdish region, particularly in the Domiz refugee camp.

Iraq has made a minimum of efforts to eliminate the worst forms of child labour although a new policy has been adopted. However, children continue to engage in child labour, including forced begging and commercial sexual exploitation. The Nordic trade unions are deeply concerned about the violations of children’s rights in Iraq. We urge the Government to take immediate measures to put an end to recruitment of children for use in armed conflicts. It is also necessary for the Government of Iraq to improve access to free basic education for all children, also in areas affected by war, particularly girls. Penalties for offences related to the use of children in armed conflict, hazardous work and prostitution should be introduced and enforced. Persons who forcibly recruit children under 18 years should be prosecuted and punished.

Government member, Switzerland – Switzerland supports the statement made by the European Union and would like to add a few points. Child labour and, more particularly, the involvement of children in armed conflict, are extremely worrying problems. Switzerland is concerned to see the practice of recruiting children being continued by the pro-Government Popular Mobilization Forces (PMF) in conflict zones as well as by Islamic State in Iraq and the Levant (ISIL).

Switzerland would like to emphasize that recruiting children for armed conflict is not only in violation of this Convention, but also of Articles 32 and 38 of the United Nations Convention on the Rights of the Child, which Iraq ratified in 1994.

Clear and specific sanctions should be imposed to punish acts of involving children in conflict and their use for sexual slavery.

Depriving children of their education because of the climate of insecurity is not acceptable. Switzerland encourages the Government to continue its efforts for the criminal prosecution of persons implicated in serious violations against children and to take all the necessary measures to guarantee the demobilization of children, bring an end to all child recruitment and facilitate the rehabilitation and social integration of children. Even in the present circumstances, we must try to ensure that these children are not deprived of a better future!

While acknowledging the difficult situation in Iraq, Switzerland shares the serious concerns of the Committee of Experts and fully supports its conclusions and recommendations.

Government member, Egypt – We have listened most carefully to the statement made by the representative of the Government of Iraq, as well as the references to the situation prevailing in the country, and those measures that were taken, especially legislative ones. Those were aimed at improving the working situations and especially the adoption of a new labour law in 2015 and a new legislation regarding human trafficking.

The Government’s adoption of such measures in the light of the circumstances it has faced, such as war against terrorism, is evidence of Iraq’s care to implement international standards, especially this Convention.

We wish to reaffirm the importance of the implementation of the Convention in law and practice. However, we wish to commend those initiatives taken by the Government of Iraq to in fact inform social partners regarding child labour. We therefore call on this Committee, when drawing up its conclusions, to take into account the circumstances prevailing in Iraq and those measures taken to implement the provisions of the Convention. We call on the Organization to provide the necessary support to the State of Iraq so that it may pursue those efforts undertaken to abide by international labour standards and especially Convention No. 182.

Government member, Islamic Republic of Iran – I would like to welcome the delegation of Iraq for their presence in this Committee and the extensive report they provided for the consideration of this august body. We appreciate the efforts of the Government in fulfilling its obligations under the Convention and urge it to continue to do so more rigorously. The ILO Convention on the worst forms of child labour is the fundamental instrument for the protection of the rights of children to which we all attach grave significance.

The very fact that the Government of Iraq joined this Convention right after the entry into force is a manifestation of Iraq’s determination and strong will to follow its obligations under the instrument, which has been broadly acknowledged by the social partners. However, in examining the implementation of the Conventions in Iraq we need to take into account the dire security conditions in this country following the occupation of large parts of its territory by the terrorists groups – particularly Daesh – who are accountable for the serious violation of the Convention in Iraq. Likewise, the responsibility of the foreign powers who made it possible for terrorists to occupy and control the Iraqi territory and thereby caused severe violation, violence of the Convention cannot be overlooked. We invite the Committee and the ILO to further provide assistance to the Government involved in fulfilling its obligations under the Convention and urge Iraq to engage in a more meaningful manner with all relevant parties for the implementation of its commitments and wish them the best of luck in doing so.

Worker member, Egypt – We have listened with great attention to the statement of the Government of Iraq, and we have noted that it has adopted all the necessary measures to prevent the trafficking for labour of children. And hence, we can say of this neighbouring country that the Government has not proceeded to employ children; that the Government respects the Convention and that the recruitment of children was conducted by terrorist groups. The Government and the legislation in Iraq prohibit this practice and we emphasize that work has been done to address this, and we hope that the international community will lend help to this country, which has suffered from many wars, above all through Daesh. We hope that this Committee, when it will adopt its conclusions, will bear in mind what has happened recently in Iraq and that the ILO will proceed to adopt all measures to help this country. We support everything that appears in the statement of the Government representative on this.

Government representative – There are 38 million inhabitants and in 2020 the Planning Ministry and the Central Census Organization is preparing precise figures on the population of our country. The most recent census of our country was conducted in 1997 and the absence of verified data is a major problem and regrettably the preparation of some reports from some media sources often failed to draw on reliable sources. For example, our colleague when he referred to the situation in our country, indicated that there are 38 million inhabitants and 4 million of them are public officials. This does not happen in any other country in the world; meaning that the number of public officials is more than 11 per cent of the population. That is a very important fact within the ILO. The Government should provide employment opportunities after the events of 2007.

We think about the great number of retired in our country and more than 3 million are protected. I am thinking in particular of victims of terrorism and members of the families of martyrs or of prisoners. The Employment and Social Affairs Ministry, for example, allows them protection; 1.27 million grants are provided every month to families. But this aid has strings attached according to the law. The conditions we apply to recipients is that their children must go to school. So, in summary, that is what happens with our budget.

As to the culture of unemployment, that is very dangerous. If I do not receive any form of income or aid I am considered unemployed in my country. That is one side of the issue, on the other hand, I would like to thank the European Union for its support and for our joint efforts to help rebuild, reconstruct my country. As to legislation, I can tell you there is strict legislation. We have a new law which has been discussed in the legislative council and that is legislation to protect children.

Now, let us return to the report. A report on the situation of children and armed conflict and forced recruitment and their being hindered to go to school. Let us see how in a neutral way we can address this situation. The use of children in armed conflicts has two aspects: one is the authorization now used by Daesh and this can be seen within the efforts by the Government and international efforts. The international support which should be ongoing so that these children can be integrated into society once they are released from the clutches of Daesh. That is very important. As to those children who are recruited as part of the popular mobilization, there we must differentiate between popular mobilization which is part of the armed forces in our country, and those individuals who claim to belong to this mobilization.

These groups appeared after the chaos produced by Daesh. They are the ones they refer to in the report by the Secretary-General. That means that the stabilization of our country and the liberation of regions were a priority for these peoples.

As to their forced use into sexual exploitation, I can say that the report did not refer to the Iraqi legislation I referred to earlier – article 37 of 2017, or the law on the prohibition of human trafficking and other related measures. We emphasized the financial support received from the World Bank. The ILO has also been carrying out programmes: one for decent work, another, a loan from the World Bank to support young people and women in the concerned governorates. As to education in Iraq, since the 1970s, education has been free of charge – both primary and middle education and university education. And we are now beginning to see the advent of private and civilian universities. Now much of this is often due to the economic situation and we are addressing this through our various reform policies which are our priorities. There is also the aspect that the exodus has led us to, into particular treatment for so-called itinerant schools for those who cannot go to school. I am referring to the figures or the lack of them. The report in front of me is an international report which refers to various ministries. But here we are before the ILO and I think that we should turn to the Education Ministry where we have precise figures on the children who do not go to school. I am not saying that the figures are imprecise but normally I think we should be much more objective.

Finally, Iraq insists on the application of international labour standards and on the need to pay attention to all countries that are jeopardized. Regarding the recruitment for the armed forces, it has been said that there has been no further child recruitment in recent years. We do not have a compulsory military service at the moment. It is a voluntary military service. There may be isolated cases but we do not think they warrant the current statements that we have heard.

Worker members – We have heard the representative of the Government of Iraq and the contributions of the various speakers. This is a serious case, which was selected as a double-footnoted case by the experts. Future consideration by our Committee of the case of Iraq with regard to this Convention will depend on the development of the situation in the country. I therefore cannot say that this will be the last time that this case will be discussed, but at least that is my hope.

As we have heard, the Government of Iraq must accept that a definitive solution to the conflict will require massive reinvestment in the education of its young people, even those who have been worst affected by the years of conflict. It is through its young people that Iraq will be able to rebuild a peaceful and democratic society. To achieve this, the Government must take urgent action to fully and immediately demobilize all children and end the forced recruitment of children under the age of 18 years to the armed forces and armed groups.

The enactment of a law prohibiting the recruitment of children under the age of 18 years for use in armed conflict is an essential first step. We are convinced that such a law could be adopted quickly, given the commitment already expressed by the Government of Iraq to take this action. This legislation must also provide for immediate and effective measures to ensure that all persons, including members of the regular armed forces who recruit children under the age of 18 for use in armed conflict are thoroughly investigated and vigorously prosecuted and that sanctions that are sufficiently effective and dissuasive are imposed in practice. This will require providing the inspection services with the necessary human and material resources to ensure compliance with this legislation. It would also be useful for the Government to provide information on any progress made in this regard.

Given the indications that military training is being organized for boys aged 15 years and over, we believe it is appropriate to develop an action plan to halt the training, recruitment and use of children by pro-Government forces for military purposes.

As we have seen, access to free basic education is the best guarantee to keep children out of work, and particularly the worst forms of child labour. Although the situation in the country makes this task extremely complicated, it is essential for the Government to take the necessary measures to improve access to free basic education for all children, especially girls, children in rural areas and children in war-affected areas.

The programmes of the United Nations Educational, Scientific and Cultural Organization (UNESCO) seem to offer an opportunity that Iraq must grasp with both hands, and we invite it to reinforce cooperation and release the necessary resources to ensure the success of these programmes.

Moreover, according to our information, it appears that compulsory education is imposed only up to the age of 12 years, whereas the minimum age for admission to employment is 15 years, thus leaving a legal gap of three years. We ask the Iraqi Government to provide information on this matter and to take steps to raise the age of completion of compulsory schooling to 15 years so that it coincides with the minimum age for admission to employment.

These measures will make it possible to increase enrolment, attendance and completion rates in primary and secondary education and reduce school drop-out rates to prevent children being exposed to the worst forms of child labour.

Even though it is crucial to work on the preventive aspect, the situation in Iraq makes substantive work on the remedial aspect necessary. Indeed, large numbers of children have been recruited for use in conflict and have been seriously traumatized. The Government therefore needs to take effective and time-bound measures to remove children from armed groups and ensure their rehabilitation and social integration. It would be useful to provide the Committee of Experts with full information on the measures taken in this respect and on the number of children removed from armed groups and rehabilitated.

The large number of children who have been detained makes it necessary to emphasize to the Government of Iraq that children withdrawn from armed groups should be treated as victims and not as offenders.

Moreover, one speaker stated during the discussions that children who have been detained are placed in detention together with adults. We call on the Government to provide information on this point and, more generally, on children’s conditions of detention.

If the Government of Iraq takes steps to stop detention measures for children as soon as possible, the information on their conditions of detention will enable it to take appropriate steps to ensure the social reintegration of these children.

As we have heard, sordid incidents of sexual slavery have been reported by various organizations. The Government must take effective and time-bound measures to remove children under 18 years of age from sexual slavery and ensure their rehabilitation and social integration. As the Government has not provided any information on this in its report, it would be useful for it to provide written information to the Committee of Experts on the specific measures taken and the number of children removed from sexual slavery and rehabilitated.

In order to comply with all of these recommendations, we ask the Iraqi Government to request ILO technical assistance.

Employer members – We appreciate the detailed nature of the submissions and found this most useful. We also thank the other speakers that took the floor and believe that this was quite a rich discussion about clearly a very complicated issue. The core of this case is the procurement and use of children in armed conflict. Related issues in this case include the deprivation of children of basic education, the prosecution of children for participation in conflict, treating them as offenders and the abduction, sexual exploitation and sexual abuse of children. Undoubtedly, there is no worse form of child labour than forcing children into armed conflict. Clearly this is the most serious of violations.

It is clear from the discussions that there is a broad consensus regarding the seriousness of the issues presented in this case and the need for the Government to take immediate measures, both in law and practice, to address these most serious issues. The Employers also take a moment to recall that the use of children by Daesh or ISIS or the Popular Mobilization Forces is equally problematic. While the Employers’ group recognizes the challenges facing the country, it is also clear from the discussion today and the interventions made that members of the international community stand ready to support the Government in these important efforts. We think that this is an example of how the international community can come together to address this most serious issue. Therefore, in the strongest terms, the Employers’ group urges the Government of Iraq to collect and make available without further delay information on investigations, prosecutions and penalties relating to the worst forms of child labour, according to national enforcement mechanisms. We urge the Government to develop policies and a programme aimed at ensuring equal access to free public education for all children by taking steps to give immediate effect to its previous commitment to introduce laws that prohibit the recruitment of children for armed conflict and to dissuasively penalize those who breach this law. We support the call for an action plan for the Government to cease using children for pro-government military forces, whether this use is either compulsory or voluntary.

The Employers’ group urges the Government to supplement without delay the UNESCO Teacher Child Project and other projects with such measures that are necessary to afford access to basic education for all children of school age, particularly girls, particularly in rural areas and those areas affected by war.

The Employers’ group urges the Government to take effective measures without delay to ensure that children who are most often unwillingly conscripted and associated with armed groups that they are not unfairly treated simply because of that association, that they are not treated as offenders and that all are afforded appropriate means of social reintegration back to civil society.

The Employers’ group urges the Government to identify and support without delay children who have been sexually exploited and sexually abused through such means as sexual enslavement by either anti-government or pro-government forces and ensure that their basic human rights are restored and respected and that there is particular attention given to their integration into civil society.

The Employers’ group urges the Government to avail itself of ILO technical assistance as a matter of urgency to ensure its continued path to meeting its obligations under the Convention.

Finally, the Employers’ group invites the Government, and stresses the importance of its provision of information in detail on the measures taken to implement these recommendations, to the next meeting of the Committee of Experts in November of 2019.

Conclusions of the Committee

The Committee took note of the information provided by the Government representative and the discussion that followed.

The Committee deplored the absence of information provided by the Government and the lack of progress in the country.

While acknowledging the complexity of the situation and the presence of armed groups and armed conflict in the country, the Committee deplored the current situation where children are being recruited and used by armed groups as combatants and in support roles, including as sexual slaves.

Taking into account the discussion of the case, the Committee urges the Government to provide an immediate and effective response for the elimination of the worst forms of child labour, including the following:

- take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children into armed forces and armed groups;

- adopt legislative measures to prohibit the recruitment of children under 18 years of age for use in armed conflict;

- take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out and sufficiently effective and dissuasive penalties are imposed in practice;

- collecting and making available without delay information and statistics on investigations, prosecutions and penalties relating to the worst forms of child labour according to national enforcement mechanisms;

- develop policies and programs aimed at ensuring equal access to free public and compulsory education for all children by taking steps to give immediate effect to its previous commitment to introduce laws that prohibit the recruitment of children for armed conflict and dissuasively penalize those who breach this law;

- supplement without delay the UNESCO “Teach a Child” project and other projects with such other measures as are necessary to afford access to basic education to all children of school age, particularly in rural areas and areas affected by war;

- take effective measures without delay to ensure that children who often unwillingly have been associated with armed groups are not unfairly treated simply because of that association, and that all are afforded appropriate means of integration back into stable civil society; and finally

- take effective measures to identify and support children, without delay, who have been sexually exploited and abused through such means of sexual enslavement.

The Committee encourages the Government to avail itself of ILO technical assistance to progress towards the full eradication of the worst forms of child labour in accordance with Convention No. 182.

The Committee calls on the Government to report in detail on the measures taken to implement these recommendations to the next meeting of the Committee of Experts in November 2019.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Sale and trafficking of children and penalties. In its previous comments, the Committee noted that the Anti-Trafficking Act No. 28 of 2012 provides for stringent penalties including life imprisonment and a fine for the offences related to the trafficking of children (section 6). The Committee noted that in the 2016 Global Report on Trafficking in Persons, the UN Office on Drugs and Crimes (UNODC) has highlighted the practice of trafficking in persons and enslavement of women and children of the Yezidi ethno-religious group by the Islamic State in Iraq and Levant (ISIS) (page 65). The Committee urged the Government to take the necessary measures to prevent the sale and trafficking of children under 18 years of age for forced labour and sexual exploitation and to report on them.

The Committee notes an absence of information in the Government’s report on this point. The Committee notes that according to the Iraqi observatory for human trafficking victims (founded in October 2018), children below the age of 16, represent two thirds of the victims, who are being used for financial gains, or being forced to work by their families, and by traffickers.While acknowledging the difficult situation prevailing in the country, the Committee once again urges the Government to take the necessary measures to prevent and combat the sale and trafficking of children under 18 years of age for forced labour and sexual exploitation. The Committee also requests the Government to provide information on the measures taken to ensure that thorough investigations and prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with section 6 of the Anti-Trafficking Law. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 5. Monitoring mechanisms. 1. Trafficking. The Committee notes an absence of information on this point. The Committee requests once again the Government to indicate whether the inter-ministerial committee to combat the trafficking of children has become operational and if so, to provide information on the activities carried out by it and the results achieved.

2. Labour inspectorate. The Committee notes the Government’s indication that in June 2019, the labour inspection service launched a broad campaign in Baghdad and the governorates that included industrial areas and areas where the worst forms of child labour occur; 144 young people and children were recorded as working in both formal and informal employment in Baghdad and the governorates. During 2017 and 2018, the Ministry provided services to children and young people working in industrial enterprises in the formal economy and street children (the informal economy) and their relatives by providing them with loans on easy terms and social protection network, as a measure to eliminate child labour on the basis of the observations made by the inspection committees in the Department of Labour, the labour inspection service and the Child Labour Division. The Committee requests the Government to continue to provide information on the number of inspections conducted and on the findings with regard to the extent and nature of violations detected concerning children involved in hazardous work. The Committee also requests the Government to indicate the measures taken to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking of children. The Committee previously noted the Government’s indication that a state-run shelter named “Bayt Al Aman” was established in Bagdad to provide support to trafficked victims, including children. The Committee notes an absence of information on this point.The Committee requests the Government to take effective and time-bound measures to identify and protect child victims of trafficking and to provide information on the number of child victims of trafficking who have been rehabilitated and reintegrated by the state-run shelter.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children, orphans and street children. The Committee notes the Government’s indication that regarding street children, the Department of Labour, the Labour Inspection Service and the Child Labour Division in cooperation with the Ministry of Education has prepared a complete programme on this issue targeting the schools with the highest dropout rates in Baghdad to raise the awareness of children, their relatives and the education authority of the dangers of children leaving school and finding themselves in an unsuitable environment where they are at risk of economic or sexual exploitation.The Committee requests the Government to continue to take effective and time-bound measures to protect internally displaced children, orphans and street children as a result of the armed conflict against the worst forms of child labour. It requests the Government to provide information on the results achieved by the Child Labour Division, indicating the number of children who have benefited from these measures.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019. The Committee notes the detailed discussion which took place at the 108th Session of the Conference Committee on the Application of Standards in June 2019, concerning the application by Iraq of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards(International Labour Conference, 108th Session, June 2019)

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Compulsory recruitment of children for use in armed conflict and penalties. In its previous comments, the Committee noted from the report of the United Nations Secretary-General on Children and Armed Conflict of 16 May 2018 that the recruitment of children for their use in armed conflict is still prevailing on the ground. The Committee also noted that the UN Secretary-General expressed his concern about the organization of military training for boys aged 15 and above by the pro-government Popular Mobilization Forces (PMF) and encouraged the Government to develop an action plan to end and prevent the alleged training, recruitment and use of children by the PMF (A/72/865–S/2018/465, paragraph 85). The Committee strongly urged the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop to the forced recruitment of children under 18 years of age into armed forces and armed groups.

The Committee notes that the Conference Committee urged the Government to provide an immediate and effective response for the elimination of the worst forms of child labour, including to: (i) take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children into armed forces and armed groups; (ii) adopt legislative measures to prohibit the recruitment of children under 18 years of age for use in armed conflict; (iii) take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out and sufficiently effective and dissuasive penalties are imposed in practice; and (iv) collect and make available without delay information and statistics on investigations, prosecutions and penalties relating to the worst forms of child labour according to national enforcement mechanisms.

The Committee notes the observations of the ITUC that children are recruited and trained for suicide attacks, production of explosives and sexual exploitation. The eradication of these forms of child labour must be the highest of priorities for the Government of Iraq. It would also appear that military training is organized for boys aged 15 and over by pro-government forces. To combat these practices, it is essential for the legislation in Iraq to establish this prohibition explicitly together with effective and dissuasive penalties against those responsible for such recruitment.

The Committee notes the Government’s reference to Law No. 28 of 2012. The Committee observes however that Law No. 28 is related to trafficking in persons and is not linked to the recruitment of children for use in armed conflict. The Committee notes the Government’s indication that the competent courts have taken all legal measures to investigate those accused of mobilizing and recruiting children. The Government adds that there have been unverified reports of cases of children being forcibly recruited and compelled to fight by armed and similar groupings unlawfully claiming to be affiliated with the PMF. The only information that has been corroborated relates to terrorist groupings associated with the Islamic State in Iraq and Levant (ISIL) and their forced recruitment of children into their organizations and use of them in suicide missions and as human shields.

The Committee observes that in its report “Children and armed conflict” of 2019, the UN Secretary-General (UN Report) indicates that 39 children were recruited and used by parties to the conflict including five boys between the ages of 12 and 15, used by the Iraqi Federal Police in Nineveh Governorate to fortify a checkpoint, and one 15-year-old boy used by ISIL in Anbar Governorate to drive a car bomb into Fallujah city. In addition, 33 Yazidi boys between the ages of 15 and 17 were rescued after being abducted in Iraq in 2014 by ISIL and trained and deployed to fight in the Syrian Arab Republic (A/73/907/S/2019/509, paragraph 71).

The Committee once again deeply deplores the current situation of children affected by armed conflict in Iraq, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. It recalls that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency.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 strongly urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop to the forced recruitment of children under 18 years of age into armed forces and armed groups. It also once again urges the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons, including members in the regular armed forces, who recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, the Committee once again urges the Government to take the necessary measures to ensure the adoption of the law prohibiting the recruitment of children under 18 years of age for use in armed conflict and expresses the firm hope that this new law will establish sufficiently effective and dissuasive penalties. The Committee requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Conference Committee urged the Government to: (i) develop policies and programmes aimed at ensuring equal access to free public and compulsory education for all children by taking steps to give immediate effect to its previous commitment to introduce laws that prohibit the recruitment of children for armed conflict and dissuasively penalize those who breach this law; and (ii) supplement without delay the UNESCO “Teach a Child” project and other projects with such other measures as are necessary to afford access to basic education to all children of school age, particularly in rural areas and areas affected by war.

The Committee notes the Government’s reference to a number of projects and programmes aiming to provide access to basic education for all children including: (i) the UNESCO “Teach a child” project has been implemented in the General Directorates of Education in the following governorates (Baghdad/Al-Rusafa Third/Al-Karkh Third) during the 2018–19 school year; (ii) the “Stabilization and Peace” programmes have been implemented in Nineveh Governorate during the 2018–19 school year, with support from the Mercy Corps international organization, to bring school dropouts in the 12–18 age group back into the classrooms; and (iii) programmes have been implemented to foster educational opportunities for young people from the governorates affected by the crises in Iraq (i.e. Baghdad/Al-Karkh First and Second/Al-Rusafa First and Second/Diyala/Kirkuk/Al-Anbar/Saladin) by opening “Haqak Fi Altaalim” centres for the 10–18 age group during the 2018–19 school year with the support of the Mercy Corps international organization. The Government also states that schools have been opened and have accelerated learning offered to bring in children in the 10–18 age group in the different governorates with appropriate monitoring and follow-up.While acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to continue to take the necessary measures to improve access to free basic education of all children, particularly girls, children in rural areas and in areas affected by the conflict. It also requests the Government to continue to provide information on the results achieved through the implementation of projects, particularly with respect to increasing the school enrolment and completion rates and reducing school drop-out rates so as to prevent the engagement of children in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Children in armed conflict. The Committee notes the Government’s indication that a High-Level Supreme National Committee was established to follow up on abuses to which children are subjected to or the deprivation of their rights as a result of the armed conflict. This Committee is chaired by the Minister of Labour and Social Affairs and the Head of the Childcare Agency, with the membership of the board of the High Commission for Human Rights, the Ministry of the Interior, the Ministry of Education, the NGO Directorate, along with a representative from the PMF and another from the Foreign Ministry.

The Committee notes that according to the UN Report, as of December 2018, at least 902 children (850 boys and 52 girls) between the ages of 15 and 18 remained in detention on national security-related charges, including for their actual and alleged association with armed groups, primarily ISIL (paragraph 72). The Committee deplores the practice of the detention and conviction of children for their alleged association with armed groups. In this regard, the Committee must emphasize that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see 2012 General Survey on the fundamental Conventions, paragraph 502).The Committee, therefore, once again urges the Government to take the necessary measures to ensure that children removed from armed groups are treated as victims rather than offenders. It also, once again, urges the Government to take effective and time-bound measures to remove children from armed groups and ensure their rehabilitation and social integration. It requests the Government to provide information on the activities of the High-Level Supreme National Committee and the results achieved, in terms of the number of children removed from armed groups and socially reintegrated.

2. Sexual slavery. The Committee notes that the Conference Committee urged the Government to take effective measures to identify and support children, without delay, who have been sexually exploited and abused through such means of sexual enslavement.

The Committee notes the Government’s reference to article 29(iii) of the Constitution (prohibition of economic exploitation of children) as well as to section 6(iii) of the Labour Law of 2015 (elimination of child labour). The Committee notes however the absence of information on the practical measures envisaged or taken to identify and remove children from sexual slavery.The Committee therefore once again urges the Government to take effective and time-bound measures to remove children under 18 years of age from sexual slavery and ensure their rehabilitation and social integration. It once again requests the Government to provide information on specific measures taken in this regard as well as the number of children removed from sexual slavery and rehabilitated.

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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Sale and trafficking of children and penalties. In its previous comments, the Committee noted that the Anti-Trafficking Act No. 28 of 2012 provides for stringent penalties including life imprisonment and a fine for the offences related to the trafficking of children (section 6). The Committee noted that in the 2016 Global Report on Trafficking in Persons, the UN Office on Drugs and Crimes (UNODC) has highlighted the practice of trafficking in persons and enslavement of women and children of the Yezidi ethno-religious group by the Islamic State in Iraq and Levant (ISIS) (page 65). The Committee urged the Government to take the necessary measures to prevent the sale and trafficking of children under 18 years of age for forced labour and sexual exploitation and to report on them.

The Committee notes an absence of information in the Government’s report on this point. The Committee notes that according to the Iraqi observatory for human trafficking victims (founded in October 2018), children below the age of 16, represent two thirds of the victims, who are being used for financial gains, or being forced to work by their families, and by traffickers. While acknowledging the difficult situation prevailing in the country, the Committee once again urges the Government to take the necessary measures to prevent and combat the sale and trafficking of children under 18 years of age for forced labour and sexual exploitation. The Committee also requests the Government to provide information on the measures taken to ensure that thorough investigations and prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with section 6 of the Anti-Trafficking Law. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 5. Monitoring mechanisms. 1. Trafficking. The Committee notes an absence of information on this point. The Committee requests once again the Government to indicate whether the inter-ministerial committee to combat the trafficking of children has become operational and if so, to provide information on the activities carried out by it and the results achieved.

2. Labour inspectorate. The Committee notes the Government’s indication that in June 2019, the labour inspection service launched a broad campaign in Baghdad and the governorates that included industrial areas and areas where the worst forms of child labour occur; 144 young people and children were recorded as working in both formal and informal employment in Baghdad and the governorates. During 2017 and 2018, the Ministry provided services to children and young people working in industrial enterprises in the formal economy and street children (the informal economy) and their relatives by providing them with loans on easy terms and social protection network, as a measure to eliminate child labour on the basis of the observations made by the inspection committees in the Department of Labour, the labour inspection service and the Child Labour Division.

The Committee requests the Government to continue to provide information on the number of inspections conducted and on the findings with regard to the extent and nature of violations detected concerning children involved in hazardous work. The Committee also requests the Government to indicate the measures taken to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking of children. The Committee previously noted the Government’s indication that a state-run shelter named “Bayt Al Aman” was established in Bagdad to provide support to trafficked victims, including children.

The Committee notes an absence of information on this point. The Committee requests the Government to take effective and time-bound measures to identify and protect child victims of trafficking and to provide information on the number of child victims of trafficking who have been rehabilitated and reintegrated by the state-run shelter.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children, orphans and street children. The Committee notes the Government’s indication that regarding street children, the Department of Labour, the Labour Inspection Service and the Child Labour Division in cooperation with the Ministry of Education has prepared a complete programme on this issue targeting the schools with the highest dropout rates in Baghdad to raise the awareness of children, their relatives and the education authority of the dangers of children leaving school and finding themselves in an unsuitable environment where they are at risk of economic or sexual exploitation. The Committee requests the Government to continue to take effective and time-bound measures to protect internally displaced children, orphans and street children as a result of the armed conflict against the worst forms of child labour. It requests the Government to provide information on the results achieved by the Child Labour Division, indicating the number of children who have benefited from these measures.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019. The Committee notes the detailed discussion which took place at the 108th Session of the Conference Committee on the Application of Standards in June 2019, concerning the application by Iraq of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Compulsory recruitment of children for use in armed conflict and penalties. In its previous comments, the Committee noted from the report of the United Nations Secretary-General on Children and Armed Conflict of 16 May 2018 that the recruitment of children for their use in armed conflict is still prevailing on the ground. The Committee also noted that the UN Secretary-General expressed his concern about the organization of military training for boys aged 15 and above by the pro-government Popular Mobilization Forces (PMF) and encouraged the Government to develop an action plan to end and prevent the alleged training, recruitment and use of children by the PMF (A/72/865–S/2018/465, paragraph 85). The Committee strongly urged the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop to the forced recruitment of children under 18 years of age into armed forces and armed groups.

The Committee notes that the Conference Committee urged the Government to provide an immediate and effective response for the elimination of the worst forms of child labour, including to: (i) take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children into armed forces and armed groups; (ii) adopt legislative measures to prohibit the recruitment of children under 18 years of age for use in armed conflict; (iii) take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out and sufficiently effective and dissuasive penalties are imposed in practice; and (iv) collect and make available without delay information and statistics on investigations, prosecutions and penalties relating to the worst forms of child labour according to national enforcement mechanisms.

The Committee notes the observations of the ITUC that children are recruited and trained for suicide attacks, production of explosives and sexual exploitation. The eradication of these forms of child labour must be the highest of priorities for the Government of Iraq. It would also appear that military training is organized for boys aged 15 and over by pro-government forces. To combat these practices, it is essential for the legislation in Iraq to establish this prohibition explicitly together with effective and dissuasive penalties against those responsible for such recruitment.

The Committee notes the Government’s reference to Law No. 28 of 2012. The Committee observes however that Law No. 28 is related to trafficking in persons and is not linked to the recruitment of children for use in armed conflict. The Committee notes the Government’s indication that the competent courts have taken all legal measures to investigate those accused of mobilizing and recruiting children. The Government adds that there have been unverified reports of cases of children being forcibly recruited and compelled to fight by armed and similar groupings unlawfully claiming to be affiliated with the PMF. The only information that has been corroborated relates to terrorist groupings associated with the Islamic State in Iraq and Levant (ISIL) and their forced recruitment of children into their organizations and use of them in suicide missions and as human shields.

The Committee observes that in its report “Children and armed conflict” of 2019, the UN Secretary-General (UN Report) indicates that 39 children were recruited and used by parties to the conflict including five boys between the ages of 12 and 15, used by the Iraqi Federal Police in Nineveh Governorate to fortify a checkpoint, and one 15-year-old boy used by ISIL in Anbar Governorate to drive a car bomb into Fallujah city. In addition, 33 Yazidi boys between the ages of 15 and 17 were rescued after being abducted in Iraq in 2014 by ISIL and trained and deployed to fight in the Syrian Arab Republic (A/73/907/S/2019/509, paragraph 71).

The Committee once again deeply deplores the current situation of children affected by armed conflict in Iraq, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. It recalls that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. 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 strongly urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop to the forced recruitment of children under 18 years of age into armed forces and armed groups. It also once again urges the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons, including members in the regular armed forces, who recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, the Committee once again urges the Government to take the necessary measures to ensure the adoption of the law prohibiting the recruitment of children under 18 years of age for use in armed conflict and expresses the firm hope that this new law will establish sufficiently effective and dissuasive penalties. The Committee requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Conference Committee urged the Government to: (i) develop policies and programmes aimed at ensuring equal access to free public and compulsory education for all children by taking steps to give immediate effect to its previous commitment to introduce laws that prohibit the recruitment of children for armed conflict and dissuasively penalize those who breach this law; and (ii) supplement without delay the UNESCO “Teach a Child” project and other projects with such other measures as are necessary to afford access to basic education to all children of school age, particularly in rural areas and areas affected by war.

The Committee notes the Government’s reference to a number of projects and programmes aiming to provide access to basic education for all children including: (i) the UNESCO “Teach a child” project has been implemented in the General Directorates of Education in the following governorates (Baghdad/Al-Rusafa Third/Al-Karkh Third) during the 2018–19 school year; (ii) the “Stabilization and Peace” programmes have been implemented in Nineveh Governorate during the 2018–19 school year, with support from the Mercy Corps international organization, to bring school dropouts in the 12–18 age group back into the classrooms; and (iii) programmes have been implemented to foster educational opportunities for young people from the governorates affected by the crises in Iraq (i.e. Baghdad/Al-Karkh First and Second/Al-Rusafa First and Second/Diyala/Kirkuk/Al-Anbar/Saladin) by opening “Haqak Fi Altaalim” centres for the 10–18 age group during the 2018–19 school year with the support of the Mercy Corps international organization. The Government also states that schools have been opened and have accelerated learning offered to bring in children in the 10–18 age group in the different governorates with appropriate monitoring and follow-up. While acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to continue to take the necessary measures to improve access to free basic education of all children, particularly girls, children in rural areas and in areas affected by the conflict. It also requests the Government to continue to provide information on the results achieved through the implementation of projects, particularly with respect to increasing the school enrolment and completion rates and reducing school drop-out rates so as to prevent the engagement of children in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Children in armed conflict. The Committee notes the Government’s indication that a High-Level Supreme National Committee was established to follow up on abuses to which children are subjected to or the deprivation of their rights as a result of the armed conflict. This Committee is chaired by the Minister of Labour and Social Affairs and the Head of the Childcare Agency, with the membership of the board of the High Commission for Human Rights, the Ministry of the Interior, the Ministry of Education, the NGO Directorate, along with a representative from the PMF and another from the Foreign Ministry.

The Committee notes that according to the UN Report, as of December 2018, at least 902 children (850 boys and 52 girls) between the ages of 15 and 18 remained in detention on national security-related charges, including for their actual and alleged association with armed groups, primarily ISIL (paragraph 72). The Committee deplores the practice of the detention and conviction of children for their alleged association with armed groups. In this regard, the Committee must emphasize that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see 2012 General Survey on the fundamental Conventions, paragraph 502). The Committee, therefore, once again urges the Government to take the necessary measures to ensure that children removed from armed groups are treated as victims rather than offenders. It also, once again, urges the Government to take effective and time-bound measures to remove children from armed groups and ensure their rehabilitation and social integration. It requests the Government to provide information on the activities of the High-Level Supreme National Committee and the results achieved, in terms of the number of children removed from armed groups and socially reintegrated.

2. Sexual slavery. The Committee notes that the Conference Committee urged the Government to take effective measures to identify and support children, without delay, who have been sexually exploited and abused through such means of sexual enslavement.

The Committee notes the Government’s reference to article 29(iii) of the Constitution (prohibition of economic exploitation of children) as well as to section 6(iii) of the Labour Law of 2015 (elimination of child labour). The Committee notes however the absence of information on the practical measures envisaged or taken to identify and remove children from sexual slavery. The Committee therefore once again urges the Government to take effective and time-bound measures to remove children under 18 years of age from sexual slavery and ensure their rehabilitation and social integration. It once again requests the Government to provide information on specific measures taken in this regard as well as the number of children removed from sexual slavery and rehabilitated.

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

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

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Sale and trafficking of children and penalties. In its previous comments, the Committee noted that the Anti-Trafficking Act No. 28 of 2012 provides for stringent penalties including life imprisonment and a fine for the offences related to the trafficking of children (section 6). The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2015, expressed concern that the internal displacement and sectarian violence have led to a significant increase in trafficking, with many children being trafficked, in particular for sexual exploitation and domestic servitude, but also for forced labour or services, slavery or similar practices and servitude, both within and outside the country (CRC/C/IRQ/CO/2-4, paragraph 84). The Committee requested the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with section 6 of the Anti-Trafficking Law.

The Committee notes the Government’s indication in its report that there is no statistical information on the number of trafficked children, as no such case has been registered so far. The Committee notes that in the 2016 Global Report on Trafficking in Persons, the UN Office on Drugs and Crimes (UNODC) has highlighted the practice of trafficking in persons and enslavement of women and children of the Yezidi ethno-religious group by the Islamic State in Iraq and Levant (ISIS) (page 65). While acknowledging the difficult situation prevailing in the country, the Committee once again urges the Government to take the necessary measures to prevent the sale and trafficking of children under 18 years of age for forced labour and sexual exploitation and to report on them. The Committee also requests the Government to provide information on the measures taken to ensure that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with section 6 of the Anti-Trafficking Law. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 5. Monitoring mechanisms. 1. Trafficking. In its previous comments, the Committee noted that according to the UNODC an inter-ministerial committee to combat trafficking of children had been established to coordinate anti-trafficking activities in the country.

The Committee notes the Government’s indication that no cases of trafficked children have been detected in recent years by the labour inspection. The Committee requests the Government to indicate whether the inter-ministerial committee to combat the trafficking of children has become operational and if so, to provide information on the activities carried out by it and the results achieved.

2. Labour inspectorate. The Committee previously noted the Government’s statement that the Ministry of the Interior and the Ministry of Labour and Social Affairs carried out monitoring through inspection campaigns involving the Confederation of Trade Unions and the Iraqi Industries Federation. It also noted that in order to eliminate child labour and its worst forms in the informal economy, a committee was set up involving the concerned ministries and supervised by the Childhood Welfare Authority.

The Committee notes that in its report under the Minimum Age Convention, 1973 (No. 138), the Government has referred to the conduct of a multi-media awareness campaign in collaboration with UNICEF, including the publication of advertisement notices in Bagdad and other governorates and the distribution of informative leaflets on the worst forms of child labour. The Committee requests the Government to provide information on the number of inspections conducted and on the findings with regard to the extent and nature of violations detected concerning children involved in hazardous work. The Committee also requests the Government to take the necessary measures to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking of children. The Committee previously noted that according to section 11 of the Anti-Trafficking Law of 2012, specialized institutions to protect child victims of trafficking, including provisions for proper accommodation and medical, legal and financial assistance should be established. In this regard, the Committee noted that according to the CRC the state-run shelter for victims of trafficking reportedly remained vacant, despite the presence of trafficking victims in the country. The CRC also expressed its concern that the support units operated by the Ministry of Health have not undertaken any efforts to identify and assist victims of trafficking since its establishment in 2013.

The Committee notes the Government’s indication that a state-run shelter named “Bayt Al Aman” was established in Bagdad to provide support to trafficked victims, including children. The Committee requests the Government to take effective and time-bound measures to identify and protect child victims of trafficking and to provide information on the number of child victims of trafficking who have been rehabilitated and reintegrated by the state-run shelter.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children, orphans and street children. In its previous comments, the Committee noted the Government’s indication that the Ministry of Labour and Social Affairs, in collaboration with other concerned ministries, had established committees to identify street children and to sensitize them to the risks of working on the streets. The Committee noted that the CRC expressed concern about the large number of children, including many internally displaced children, living and/or working in the streets, where they are exposed to various forms of crime. According to the CRC, children had been recruited by non-state armed groups and the internally displaced, and their families, were under constant threat in crowded settlements; and most of the refugee and internally displaced children lacked access to education while child labour was on the increase.

The Committee notes the absence of information on this point in the Government’s report. Noting with concern that internally displaced children and orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee urges once again the Government to take effective and time-bound measures to protect these children from these worst forms. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Application of the Convention in practice. The Committee previously noted the Government’s information that a survey on the worst forms of child labour was being carried out by the Child Labour Unit of the Ministry of Labour and Social Affairs, in coordination with UNICEF and UNESCO.

The Committee notes the absence of information on this point in the Government’s report. The Committee requests the Government to indicate the progress made on the worst forms of child labour survey and to provide information on the findings with regard to the worst forms of child labour and hazardous working conditions in the country.

[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.]

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

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Compulsory recruitment of children for use in armed conflict and penalties. The Committee previously noted that according to the report of the United Nations Secretary-General on Children and Armed Conflict of 5 June 2015, at least 67 boys were recruited by the Islamic State in Iraq and Levant (ISIS) and an unknown number of children were recruited by the pro-Government Popular Mobilization Forces (PMF) in conflict areas. Boys as young as 10 years old were recruited and used by self-defence groups supporting Iraqi security forces and girls were also reportedly associated with Yezidi self-defence groups. The Committee had noted the Government’s indication that it is endeavouring to promulgate a law prohibiting the recruitment of children under 18 years for use in armed conflict. The Committee strongly urged the Government to take measures to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed forces and armed groups.

The Committee notes an absence of information on this point in the Government’s report. The Committee notes that the recruitment of children for their use in armed conflict is still prevailing on the ground as seen from the report of the United Nations Secretary-General on Children and Armed Conflict of 16 May 2018 (A/72/865–S/2018/465). The UN documented 523 cases of children recruited by parties to the conflict, of which 109 cases (101 boys, eight girls) were verified. Cases of recruitment involving 59 children, including eight girls, were attributed to ISIS. Children were used as suicide bombers and combatants, for logistics and manufacturing explosive devices, and as wives for fighters (paragraph 75). The Committee also notes that the UN Secretary-General expressed his concern about the organization of military training for boys aged 15 and above by the pro-government PMF and encouraged the Government to develop an action plan to end and prevent the alleged training, recruitment and use of children by the PMF (paragraph 85).The Committee once again deeply deplores the current situation of children affected by armed conflict in Iraq, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. It recalls that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. 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 strongly urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop to the forced recruitment of children under 18 years of age into armed forces and armed groups. It also once again urges the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons, including members in the regular armed forces, who recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, the Committee once again urges the Government to take the necessary measures to ensure the adoption of the law prohibiting the recruitment of children under 18 years of age for use in armed conflict and expresses the firm hope that this new law will establish sufficiently effective and dissuasive penalties. The Committee requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s information that it had finalized a project with UNESCO entitled “Teach a child” which aims to provide institutional and technical support to improve the quality and capacity of informal education. This project also aimed to provide alternative education to more than 180,000 out-of-school children, including girls and children from rural areas and to integrate them into formal education through expedited education. In this regard, UNESCO, with the help of labour inspectors, had registered a number of children, including children in street situations, for expedited education. However, the Committee noted from the Multiple Indicator Cluster Survey of 2011, that 38 per cent of children among the age group of 12–17 years were out of school, and that the situation of girls was much worse than boys. The Committee further noted that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2015, expressed concern that only half of secondary school-age children are attending school, as a consequence of schools being attacked and school children kidnapped on their way to school, and that a number of internally displaced and refugee children have no access to school.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes that according to the 2018 report of the Secretary-General, 161 incidents of attacks on schools and hospitals had been documented by the UN (paragraph 85). The Committee also observes that according to UNICEF, drop-out rates for the overall education system increased from 2 per cent in 2013–14 to 2.6 per cent in 2015–16. The lower secondary level is notable because drop-out rates are significantly higher (3.6 per cent for boys and 4.7 per cent for girls) than for other education levels. Moreover, around 355,000 internally displaced children remain out of school in Iraq, representing 48.3 per cent of the total internally displaced school-age children. In conflict affected governorates, more than 90 per cent of school-age children are left out of the education system. The Committee also observes that according to UNICEF, Iraq spent only 5.7 per cent of its government expenditure on education for the period 2015–16, and therefore needs to increase the total amount it spends on education, and this increased spending should address education needs for school construction, access to education for girls and low-income families, as well as improving the quality of education (report on the cost and benefits of education in Iraq, 2017). The Committee once again expresses its deep concern at the large number of children who are deprived of education because of the climate of insecurity prevailing in the country. While acknowledging the difficult situation prevailing in the country, the Committee once again urges the Government to take the necessary measures to improve access to free basic education of all children, particularly girls, children in rural areas and in areas affected by war. It once again strongly encourages the Government to redouble its measures to increase the enrolment, attendance and completion rates at the primary and secondary level and to reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Children in armed conflict. The Committee noted from the 2015 report of the Secretary-General that at least 391 children, including 16 girls, held in detention facilities were indicted or convicted of terrorism-related charges for their alleged association with armed groups.

The Committee notes the absence of information in the Government’s report on this point. It notes that according to the 2018 report of the Secretary-General, in 2017 at least 1,036 children (1,024 boys, 12 girls), including 345 in the Kurdistan Region, remained in juvenile detention facilities on national security-related charges, mostly for their alleged association with ISIS (paragraph 76). The Committee once again expresses its deep concern at the practice of the detention and conviction of children for their alleged association with armed groups. In this regard, the Committee must emphasize that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see 2012 General Survey on the fundamental Conventions, paragraph 502). The Committee, therefore, once again urges the Government to take the necessary measures to ensure that children removed from armed groups are treated as victims rather than offenders. It also, once again, urges the Government to take effective and time-bound measures to remove children from armed groups and ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the number of children removed from armed groups and reintegrated.

2. Sexual slavery. The Committee noted that according to the CRC, “markets” were set up by ISIS in which abducted girls were sold after attaching price tags to them, and that the sexual enslavement of children detained occurred in makeshift prisons of ISIS. The Committee further noted from the report of the Secretary-General that at least 1,297 children were abducted, including girls as young as 12 years, who were sold in ISIS-controlled areas for sexual slavery. The Committee notes an absence of information on this point in the Government’s report. The Committee notes that according to the 2018 report of the Secretary-General, nine cases of sexual violence were verified, and girls who were abused were often forced to manufacture bombs (paragraph 79). The Committee once again urges the Government to take effective and time-bound measures to remove children under 18 years of age from sexual slavery and ensure their rehabilitation and social integration. It once again requests the Government to provide information on specific measures taken in this regard as well as the number of children removed from sexual slavery and rehabilitated.

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

[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.]

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Sale and trafficking of children and penalties. In its previous comments, the Committee noted that the penalties imposed under section 97 of Order No. 89 of 2004, for infringing the provisions related to the protection of young persons, including the provisions of section 91.3 (prohibiting the worst forms of child labour) were very low. It, therefore, requested the Government to take the necessary measures to ensure that penalties with regard to the worst forms of child labour, in particular for the offences related to the sale and trafficking of children, are sufficiently effective and dissuasive.

The Committee notes with interest that the Government adopted a new Anti-Trafficking Law No. 28 of 2012, which provides for more stringent penalties including life imprisonment and a fine for the offences related to the trafficking of children (section 6). The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2015, expressed concern that the internal displacement and sectarian violence have led to a significant increase in trafficking, with many children being trafficked, in particular for sexual exploitation and domestic servitude, but also for forced labour or services, slavery or similar practices and servitude, both within and outside the country (CRC/C/IRQ/CO/2-4, paragraph 84). The Committee further notes that the CRC, in its concluding observations of 5 March 2015 to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC), expressed deep concern that girls are reportedly sold and trafficked within Iraq and outside, including to Jordan, the Syrian Arab Republic, the United Arab Emirates and Yemen, with many Iraqi girls who had fled to Syria having been sold into the sex trade (CRC/C/OPSC/IRQ/CO/1, paragraph 18). While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to prevent the sale and trafficking of children under 18 years of age for forced labour and sexual exploitation. In this regard, it requests the Government to take the necessary steps to ensure that thorough investigation and robust prosecution of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with section 6 of the Anti-Trafficking Law. It requests the Government to provide information on the progress made in this regard, as well as on the number of investigations, prosecutions, convictions and penal sanctions applied.

Article 5. Monitoring mechanisms. 1. Trafficking. The Committee notes the information contained in a report of the United Nations Office on Drugs and Crime (UNODC) that an inter-ministerial committee has been established to coordinate anti-human trafficking activities in the country. This report also indicates that in order to support the national efforts to investigate and prosecute human trafficking and migrant smuggling cases, the UNODC and the European Union Integrated Rule of Law Mission for Iraq conducted a four-day workshop in November 2013. During this workshop, 24 investigators, judges and prosecutors received in-depth training on effectively tackling trafficking of human beings through efficient implementation of international cooperation instruments, tools and best practices. However, the UNODC report indicates that Iraq still remains a source and destination country for men, women and children subjected to sexual and labour exploitation. The Committee requests the Government to provide information on the activities carried out by the inter-ministerial committee to combat the trafficking of children and the results achieved.

2. Labour inspectorate. The Committee previously noted the Government’s statement that the Ministry of the Interior and the Ministry of Labour and Social Affairs carry out monitoring through inspection campaigns involving the Confederation of Trade Unions and the Iraqi Industries Federation.

The Committee notes from the Government’s report that in 2014, labour inspectors detected 188 violations regarding the Labour Law and in 2015, 147 such violations were detected. The Committee also notes the Government’s information that in order to eliminate child labour and its worst forms in the informal economy, a committee was set up involving the concerned ministries and supervised by the Childhood Welfare Authority. It notes, however, that the CRC in its concluding observations of March 2015, expressed its regret at the weak and insufficient implementation of the prohibitions related to the worst forms of child labour and expressed deep concern at the reports which indicated that a significant number of children between the ages of 3 and 16 were involved in child labour, many of them in hazardous conditions (CRC/C/IRQ/CO/2-4, paragraph 80). The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist. It also requests the Government to provide information on the measures taken in this regard. The Committee further requests the Government to continue providing information on the number of inspections conducted and on the findings with regard to the extent and nature of violations detected concerning children involved in hazardous work.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Sale and trafficking of children. The Committee notes that according to section 11 of the Anti-Trafficking Law of 2012, specialized institutions to protect child victims of trafficking, including provisions for proper accommodation and medical, legal and financial assistance should be established. In this regard, the Committee notes that the CRC, in its concluding observations of 2015, to the OPSC expressed concern that the state-run shelter for victims of trafficking reportedly remained vacant, despite the presence of trafficking victims in the country. The CRC also expressed its concern that the support units operated by the Ministry of Health have not undertaken any efforts to identify and assist victims of trafficking since its establishment in 2013 (paragraph 28). The Committee requests the Government to take effective and time-bound measures to identify and protect child victims of trafficking and to provide information on progress made in this regard. It also requests the Government to provide information on the number of child victims of trafficking who have been rehabilitated and reintegrated by the state-run shelter.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children, refugees, orphans and street children. Following its previous comments, the Committee notes the Government’s indication that the Ministry of Labour and Social Affairs, in collaboration with other concerned ministries, has established committees to identify street children and to sensitize them to the risks of working on the streets. The Committee notes that the CRC, in its concluding observations of March 2015, expressed concern about the large number of children, including many internally displaced children, living and/or working in the streets, where they are exposed to various forms of crime (paragraph 82). The CRC also expressed concern that children are recruited by non-state armed groups and that the internally displaced and refugee families live under constant threat in crowded settlements; that refugee and internally displaced girls are particularly exposed to sexual exploitation through temporary and early marriages; and that most of the refugee and internally displaced children lack access to education while child labour is on the increase (paragraph 74). Moreover, the CRC also expressed concern at the reports of children being trafficked from orphanages for forced prostitution (paragraph 84). Observing with concern that internally displaced children, refugees and orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to protect these children from these worst forms. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Application of the Convention in practice. The Committee notes the Government’s information that a survey on the worst forms of child labour is being carried out by the Child Labour Unit of the Ministry of Labour and Social Affairs, in coordination with UNICEF and UNESCO. The Committee requests the Government to provide information on the findings of the survey with regard to the worst forms of child labour and hazardous working conditions in the country. It also requests the Government to provide information on the application of the Convention in practice, including statistical data on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Compulsory recruitment of children for use in armed conflict and penalties. The Committee previously noted that the penalties for the offences related to the forced or compulsory recruitment of children for armed conflict as laid down under section 97 of the Coalition Provisional Authority (CPA) Order No. 89 of 2004, were very low. It also noted that according to the report of the United Nations Secretary-General of 26 April 2012 on Children and Armed Conflict in Iraq, armed groups such as Al Qaeda in Iraq (AQI) and the Islamic State of Iraq (ISIS) continued to recruit, train and use children, including girls to take part in hostilities, and that many children were killed and a number of children were abducted.

The Committee notes that the CPA Order No. 89 of 2004 has been repealed by the Labour Code of 2015. In this regard, it notes the Government’s indication that it is endeavouring to promulgate a law which will bring to court any person who enlists children under 18 years of age in armed conflict. The Committee also notes the Government’s statement that the country is experiencing some difficulties due to the entry of ISIS in several of its governorates. The Government indicates that the ISIS is using children as human shields, as spies and in explosions.

The Committee further notes from the report of the Secretary-General on Children and Armed Conflict of 5 June 2015 (A/69/926-S/2015/409) (report of the Secretary-General) that the United Nations verified the recruitment of at least 67 boys by ISIS and an unknown number of children were recruited by the pro-Government Popular Mobilization Forces in conflict areas. Boys as young as 10 years old were recruited and used by self-defence groups supporting Iraqi security forces and girls were also reportedly associated with Yezidi self-defence groups. According to this report, the United Nations recorded the killing of 679 children and injury to 505 others of which at least 87 children were killed and 211 injured in improvised explosive device and suicide attacks. Moreover, the Committee notes from the report of the Secretary-General that the lack of clear recruitment procedures, including age verification and disciplinary measures by Iraqi authorities, remains a cause of grave concern. The Committee deeply deplores the current situation of children affected by armed conflict in Iraq, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. It recalls that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. While acknowledging the difficult situation prevailing in the country, the Committee strongly urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed forces and groups. It also urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of all persons, including members in the regular armed forces, who recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee finally urges the Government to take the necessary measures to ensure the adoption of the law prohibiting the recruitment of children under 18 years for use in armed conflict and expresses the firm hope that this new law will establish sufficiently effective and dissuasive penalties. It requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that it has finalized a project with UNESCO entitled “Teach a child” which aims to provide institutional and technical support to improve the quality and capacity of informal education. This project also aims to provide alternative education to more than 180,000 out-of-school children, including girls and children from rural areas and to integrate them into formal education through expedited education. In this regard, UNESCO, with the help of labour inspectors, has registered a number of children, including street children, for expedited education. Moreover, the Ministry of Education has implemented several awareness-raising measures targeting children at primary schools in the most deprived regions and with the highest drop-out rates in the governorate of Baghdad.

However, the Committee notes from the Multiple Indicator Cluster Survey of 2011, that 38 per cent of children among the age group of 12–17 years are out of school with a situation much worse for girls than boys. This report also indicates that according to the UNICEF supported Out-of-School Children’s Study of 2013, the drop-out rate of girls from primary school stood at 19.4 per cent. The Committee further notes that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2015, expressed concern that only half of secondary school-age children are attending school, as a consequence of schools being attacked and school children kidnapped on their way to school, and that a number of internally displaced and refugee children have no access to school (CRC/C/IRQ/CO/2-4, paragraph 72). The Committee expresses its deep concern at the large number of children who are deprived of education because of the climate of insecurity prevailing in the country. Considering that education contributes to preventing children in the worst forms of child labour, the Committee urges the Government to take the necessary measures to improve access to free basic education of all children, particularly girls, children in rural areas and in areas affected by war. It strongly encourages the Government to redouble its measures to increase the enrolment, attendance and completion rates at primary and secondary level and to reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour. Finally, the Committee requests the Government to indicate the number of out-of-school children who have benefited and who continue to benefit from the “Teach a child” project.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Children in armed conflict. The Committee notes that the Government’s report does not contain any information in relation to its previous comments concerning the measures taken to remove children from armed groups and ensure their rehabilitation and reintegration.

The Committee notes from the report of the Secretary-General that at least 391 children, including 16 girls, held in detention facilities were indicted or convicted of terrorism-related charges for their alleged association with armed groups. The Committee expresses concern at the practice of the detention and conviction of children for their alleged association with armed forces or groups. In this regard, the Committee must emphasize that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see the 2012 General Survey on the fundamental Conventions, paragraph 502). The Committee, therefore, urges the Government to take the necessary measures to ensure that children removed from armed forces or groups are treated as victims rather than offenders. It also urges the Government to take effective and time-bound measures to remove children from armed forces and groups and ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the number of children removed from armed forces and groups and reintegrated.

2. Sexual slavery. The Committee notes that the CRC, in its concluding observations of March 2015, abhorred the continuing sexual enslavement of children since the emergence of ISIS. The CRC noted with utmost concern the “markets” set up by ISIS in which they sell abducted girls after attaching price tags to them, and the sexual enslavement of children detained in makeshift prisons of ISIS (paragraph 44). The Committee also notes that the CRC, in its concluding observations of March 2015 to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC), also expressed deep concern at the high number of children remaining under the control of ISIS and the existence of “markets” where abducted children are sold among members of ISIS to serve as sexual slaves (CRC/C/OPSC/IRQ/CO/1, paragraph 18). The Committee further notes from the report of the Secretary-General that at least 1,297 children were abducted, including girls as young as 12 years, who were sold in ISIS-controlled areas for sexual slavery. The Committee urges the Government to take effective and time-bound measures to remove children under 18 years of age from sexual exploitation and ensure their rehabilitation and social integration. It requests the Government to provide information on specific measures taken in this regard as well as the number of children removed from sexual exploitation and rehabilitated.

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

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

Article 3 of the Convention. Clause (a). All forms of slavery and practices similar to slavery. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that the August 2003 Coalition Provisional Authority (CPA) Order creating the new armed forces specified that the minimum age of recruitment was 18 and that recruitment was voluntary. It also noted that according to section 91.3(a) of Order No. 89 of 2004 the forced or compulsory recruitment of children for use in armed conflict is considered as a worst form of child labour and is prohibited. However, it noted the information contained in the report on the visit of the Special Representative for Children and Armed Conflict to Iraq, 13–25 April 2008 that children were recruited and utilized by an array of parties to the conflict in Iraq and that hundreds of children, some as young as 10 years of age, were used in scouting, spying, digging holes for improvised explosive devices (IEDs), planting IEDs, videotaping attacks, as well as more traditional combat roles. It also noted the report on using children under the age of 18 years as suicide bombers by the Al Qaeda in Iraq (AQI) and associated groups. The Committee further noted the information, based on the 2009 report of the Secretary-General to the Security Council (A/63/785-S/2009/158) issued on 26 March 2009 that, AQI is now suspected of training children to become fighters or insurgents and that there are particular concerns about non-state armed groups allegedly using children to support operations such as transporting improvised explosive devices, acting as lookouts for other armed actors and as suicide bombers.

The Committee notes that the Government’s report does not contain any information on this matter. The Committee notes, however, that according to the report of the United Nations Secretary-General of 26 April 2012 on Children and armed conflict in Iraq (S/2012/261, for the period January to December 2011) throughout 2011, armed groups such as AQI and the Islamic State of Iraq (ISI) continued to recruit, train and use children to take part in hostilities. The report also indicated that in 2011, 294 children, including girls were indicted or convicted of terrorism-related charges, at least 146 children were killed and 265 injured as a result of continued violence. Moreover, a significant increase in the number of children abducted with 27 cases of abduction of boys and 10 cases of abduction of girls were documented. The Committee expresses its deep concern at the persistence of this worst form of child labour, especially as it leads to other violations of the rights of the child, such as abductions, death and sexual violence. The Committee, therefore, once again urges the Government to intensify its efforts to improve the situation and to take immediate and effective measures to eliminate in practice the forced recruitment of children under 18 years of age by armed groups. In this regard, it requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed in practice for the offences related to the use of children in armed conflict. It requests the Government to supply information in this respect.

Article 4(1). Determination of hazardous work. The Committee previously noted the provisions of section 91.2 of Order No. 89 of 2004 (Amendments to the Labour Code), according to which the Minister of Labour shall draw up a list of types of hazardous work prohibited to children under 18 years in consultation with the organizations of workers and employers concerned. The Committee notes that Instruction No. 19 of 1987 issued by the Ministry of Labour pursuant to section 90(2)(a) of Act No. 71 of 1987 (Labour Code) contains a list of 176 occupations prohibited to children under 18 years of age. The Committee notes the Government’s indication that the list is currently being revised. The Committee requests the Government to supply a copy of the revised list of types of occupations prohibited to children under 18, once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously noted sections 114, 115 and 116 of the Labour Code of 1987 which deal with labour inspection. It noted the Government’s indication that there had been a decrease in the employment of children under the age of 18 years. It also noted the Government’s statement that the Ministry of the Interior and the Ministry of Labour and Social Affairs carry out monitoring through inspection campaigns involving the Confederation of Trade Unions and the Iraqi Industries Federation. Furthermore, the Government stated that the competent authorities had not registered any case of involvement of children in the worst forms of child labour, such as trafficking, forced or compulsory recruitment for armed conflict, hazardous work or illegal activities. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the activities of the labour inspectorate in monitoring compliance with the child labour provisions, including the number of workplaces inspected per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that, according to section 91.5 of Order No. 89 of 2004, the Government shall design and implement programmes of action to eliminate the worst forms of child labour. It also noted the Government’s information that an inter-ministerial committee composed of the Ministry of Labour and Social Affairs, the Ministry of Education and the Ministry of Interior had been set up to fight child labour in collaboration with civil society, and the Agency for the Welfare of Childhood, Women and Health. It further noted the Government’s statement that a project on the elimination of child labour had also been adopted. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the activities of the inter-ministerial committee in combating the worst forms of child labour. It also requests the Government to provide information on the implementation of the elimination of child labour project.

Article 7(1). Penalties. The Committee previously noted that the penalties imposed under section 97 of Order No. 89 of 2004, for infringing the provisions related to the protection of young persons, including the provisions of section 91.3 (prohibiting the worst forms of child labour) are very low. It therefore requested the Government to take the necessary measures to ensure that penalties with regard to the worst forms of child labour, in particular for the offences related to the sale and trafficking of children and the compulsory recruitment of children for armed conflict are sufficiently effective and dissuasive. The Committee notes the information from a report available on the website of the United Nations High Commission for Refugees, that the Iraqi Parliament passed a comprehensive anti-trafficking law on 30 April 2012 which prescribes stringent penalties for trafficking for sexual and labour purposes. The Committee requests the Government to supply a copy of the anti-trafficking law of 2012 along with its next report. It also requests the Government to ensure that the penalties for the offences related to the compulsory recruitment of children for armed conflict are sufficiently effective and dissuasive.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that, by virtue of article 34 of the Constitution, primary education is free and compulsory. It also noted the Government’s indication that it is in the process of adopting a new bill on compulsory education which provides for free and compulsory education to all children who have completed six years and which 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 further noted the Government’s information that in order to bring back the school drop-outs, new modes of the informal education system had been set up in various places, such as evening school modes, and the fast education mode which targets school drop outs of the age group of 12–18 years. The Committee, however, noted from the UNICEF estimates and from the report of the Secretary-General for Children and Armed Conflict of April 2008 (page 5), that the primary school enrolment and attendance rates had dropped considerably. The school drop-out rate for girls appeared higher than for boys, and most of the girls, especially in the rural areas, were not aware of their right to education. It also noted from the report that about 70 per cent of schools throughout Iraq had been damaged by war and lack of maintenance, 870,000 children were orphaned by war, and that 40 per cent of the total 4.9 million internally displaced persons and refugees were children, 60 per cent of whom were in the Kurdistan region.

The Committee notes that the Government has not replied to its previous comments with regard to the measures taken to improve access to free basic education. The Committee notes, however, that according to the report of the Secretary-General for Children and armed conflict of 2012, access to school was impacted by improvised explosive devices planted in or in the vicinity of schools, indiscriminate firing and targeted attacks against schools and education personnel during 2010–11. Considering that education contributes to preventing children in the worst forms of child labour, the Committee once again urges the Government to take the necessary measures to improve access to free basic education of all children, particularly girls, children in areas affected by the war, internally displaced children in the Kurdistan region, child refugees, and orphans. It strongly encourages the Government to redouble its measures to increase primary school enrolment and attendance rates and reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour. Finally, the Committee requests the Government to indicate the number of school drop-outs who have been benefited and who continue to benefit from the modes of the informal education system.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child trafficking. In its previous comments, the Committee noted that Iraq is both a source and destination country for men, women and children trafficked for the purposes of commercial sexual exploitation and involuntary servitude. Iraqi women and girls, some as young as 11 years old, are trafficked within the country and abroad to the Syrian Arab Republic, Lebanon, Jordan, Kuwait, United Arab Emirates, Turkey and the Islamic Republic of Iran for forced prostitution and sexual exploitation. It also noted that there was evidence of children being trafficked from orphanages by employees of these organizations. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take specific and effective time-bound measures to remove children from the worst forms of child labour, in particular the sale and trafficking of children and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard.

2. Children in armed conflict. The Committee previously noted that, according to the 2009 report of the Secretary-General to the Security Council (A/63/785-S/2009/158) issued on 26 March 2009, as of December 2008, there were 838 children in conflict with the law under the custody of the Government of Iraq. These children were detained or imprisoned for conflict-related reasons such as alleged participation in insurgent activities or other forms of association with armed groups. Some of these children had been under pre-trial detention for more than a year. They continued to face the threat of sexual and physical abuse by Iraqi police and prison guards and ill-treatment by investigators with the aim of obtaining a confession.

The Committee notes that according to the report of the Human Rights Office of the United Nations Assistance Mission for Iraq (UNAMI), the total number of juvenile detainees and prisoners as of 31 December 2011 amounted to 1,345. The report indicated that children were frequently held in the same cells as adults and where juvenile detention centre exists, the conditions were poor and that none of the juvenile detainees had access to education. The Committee requests the Government to intensify its efforts and take effective and time-bound measures to remove children from armed groups and ensure their rehabilitation and reintegration. It requests the Government to provide information on the measures taken in this regard.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children, refugees, orphans and street children. The Committee previously expressed concern at the situation of the high number of children affected by the war. It noted the Government’s indication that it had set up a Joint Committee of the Ministry of Labour and Social Affairs and the Ministry of Interior to implement measures to remove children from the street and for their rehabilitation. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the concrete measures taken by the Joint Committee of the Ministry of Labour and Social Affairs and the Ministry of Interior to remove and rehabilitate street children, and the results achieved.

Clause (e). Special situation of girls. The Committee previously noted that children were reported to be participating in both the sex industry and the drug trade. Reports from destination countries indicated that girls are trafficked to Jordan, Syria and Persian Gulf States. Young boys and girls are targeted by gangs for sexual exploitation or to be sold into prostitution or trafficked out of Iraq for sexual exploitation. The Committee once again requests the Government to indicate the manner in which it intends to accord special attention to the situation of girls to remove them from the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s information that by virtue of Order No. 48 of 2009, a ministerial committee was set up under the chairmanship of the Labour and Vocational Training Section, including representatives of the Ministry of Education and the Ministry of Interior, to prepare a study on child labour, as well as hazardous working conditions of children. The Committee once again requests the Government to provide information on the findings of the study conducted by the ministerial committee, with regard to the worst forms of child labour and hazardous working conditions. It also requests the Government to provide information on the application of the Convention in practice and to supply copies or extracts from official documents including studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that the trafficking of women and children and the sex trade is prohibited under article 35(3) of the Constitution, and that section 455 of the Penal Code establishes penalties for the offences related to the kidnapping of children under 18 years of age. The Committee notes that section 91.3(a) of Order No. 89 of 2004 (Amendments to the Labour Code of 1987) prohibits all forms of slavery and practices similar to slavery such as the sale and trafficking of children.

2. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that. according to a report entitled “Child Soldiers Global Report, 2008 – Iraq”, available at the website of the United Nations High Commissioner for Refugees (www.unhcr.org), the August 2003 Coalition Provisional Authority (CPA) Order creating the new armed forces specified that the minimum age of recruitment was 18 and that recruitment was voluntary. However, it had also noted the information contained in the report on the visit of the Special Representative for Children and Armed Conflict to
Iraq, 13–25 April 2008 (available at www.un.org/children/conflict/english/
countryvisits.html) that children were recruited and utilized by an array of parties to the conflict in Iraq and that hundreds of children, some as young as 10 years of age, were used in scouting, spying, digging holes for improvised explosive devices (IEDs), planting IEDs, videotaping attacks, as well as more traditional combat roles. It had further noted the report on using children under the age of 18 years as suicide bombers by the Al Qaeda in Iraq (AQI) and associated groups. The Committee notes the Government’s statement that inspection committees were empowered to take legal measures with respect to persons employing children under the age of 18 years in armed conflict. It also notes that, according to section 91.3(a) of Order No. 89 of 2004 the forced or compulsory recruitment of children for use in armed conflict is prohibited. However, the Committee notes the information, based on the 2009 report of the Secretary-General to the Security Council (A/63/785-S/2009/158) issued on 26 March 2009 that, AQI is now suspected of training children to become fighters or insurgents and that there are particular concerns about non-state armed groups allegedly using children to support operations such as transporting improvised explosive devices, acting as lookouts for other armed actors and as suicide bombers. The Committee expresses its serious concern at the situation of children in Iraq who are being recruited for use in armed conflict. The Committee therefore urges the Government to intensify its efforts to improve the situation and to take immediate and effective measures to put a stop in practice to the forced recruitment of children under 18 years of age by armed groups. In this regard, it requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and sufficiently effective and dissuasive penalties are imposed in practice for the offences related to the use of children in armed conflict.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 403 of the Penal Code provides for penalties for any person who produces, imports, possesses, or obtains a printed material, picture or film which violates the public integrity or decency with intent to exploit or distribute such material. The Committee notes that, by virtue of section 91.3(b) of Order No. 89 of 2004, the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that, while the Penal Code contains provisions related to the offering of, or inciting the consumption of, alcohol to young persons under 18 years, it does not make any reference to the use of children for the production and trafficking of drugs. The Committee notes with interest that section 91.3(c) of Order No. 89 of 2004 prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 4(1). Determination of hazardous work. The Committee had previously noted the provisions of section 91(2) of Order No. 89 of 2004, according to which the Minister of Labour shall draw up a list of types of hazardous work prohibited to children under 18 years in consultation with the organizations of workers and employers concerned. The Committee notes the Government’s indication that the Minister of Labour undertakes, in consultation with the employers’ and workers’ organizations, to prohibit the employment of children in certain types of work harmful to their health, safety and morals, and which will be sent to the Committee. The Committee requests the Government to provide information on any progress made in drawing up the list of types of work harmful to the health, safety and morals of children under 18 years, pursuant to section 91.2 of the Order No. 89 of 2004. It also requests the Government to supply a copy, once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee had previously noted sections 114, 115 and 116 of the Labour Code of 1987 which deal with labour inspection. The Committee notes the Government’s indication that there has been a decrease in the employment of children under the age of 18 years. It also notes the Government’s statement that the Ministry of the Interior and the Ministry of Labour and Social Affairs carry out monitoring through inspection campaigns involving the Confederation of Trade Unions and the Iraqi Industries Federation. The Government further states that the competent authorities have not registered any case of involvement of children in the worst forms of child labour, such as trafficking, forced or compulsory recruitment for armed conflict, hazardous work or illegal activities. The Committee requests the Government to provide information on the activities of the labour inspectorate in monitoring the compliance of the child labour provisions, including the number of workplaces inspected per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that, according to section 91.5 of Order No. 89 of 2004, the Government shall design and implement programmes of action to eliminate the worst forms of child labour. It notes the Government’s information that a ministerial committee composed of the Ministry of Labour and Social Affairs, the Ministry of Education and the Ministry of Interior was set up to fight child labour in collaboration with civil society, and the Agency for the Welfare of Childhood, Women and Health. The Committee also notes the Government’s statement that a project on the elimination of child labour was also adopted. The Committee requests the Government to provide information on the activities of the ministerial committee in combating the worst forms of child labour. It also requests the Government to provide information on the implementation of the elimination of child labour project, and the results achieved with regard to the elimination of the worst forms of child labour.

Article 7(1). Penalties. The Committee had previously noted that, according to section 91.4 of Order No. 89 of 2004, whoever promotes, aids or benefits from acts destined to use the worst forms of child labour shall be prosecuted. It had observed that no penalties were established for the offences related to the sale and trafficking of children as well as for the compulsory recruitment of children under 18 years for armed conflict. The Committee notes that, as per section 97 of Order No. 89 of 2004, any person infringing the provisions on the protection of young persons, including the provisions of section 91.3 (prohibiting the worst forms of child labour), shall be guilty of an offence and on conviction shall be liable to imprisonment for a period of ten days to three months, or to a fine from 12 times the daily minimum wage to 12 times the monthly minimum wage. The Committee notes, however, that, the penalties imposed under section 97 of Order No. 89 of 2004 are very low. The Committee therefore requests the Government to take the necessary measures to ensure that penalties with regard to the worst forms of child labour, in particular for the offences related to the sale and trafficking of children and the compulsory recruitment of children for armed conflict are sufficiently effective and dissuasive. It also requests the Government to provide information on the application of the penalties in practice, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee had noted that, by virtue of article 34 of the Constitution, primary education is free and compulsory. It had noted that, according to the UNICEF estimates and the report of the Secretary-General for Children and Armed Conflict of April 2008 (page 5), the primary school enrolment and attendance rates had dropped considerably. The school drop-out rate for girls appeared higher than for boys, and most of the girls, especially in the rural areas, were not aware of their right to education. The report had further indicated that about 70 per cent of schools throughout Iraq were damaged by war and lack of maintenance, 870,000 children were orphaned by war, and 40 per cent of the total 4.9 million internally displaced persons and refugees were children, 60 per cent of whom were in the Kurdistan region.

The Committee notes the Government’s information that in order to bring back the school drop-outs, new modes of the informal education system were set up in various places, such as evening school modes, and the fast education mode which targets school drop-outs of the age group of 12–18 years. It also notes the Government’s indication that it is in the process of adopting a new bill on compulsory education which provides for free and compulsory education to all children who have completed six years and which 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 Government further states that the state institutions and departments, the public sector and trade unions collaborate with each other in order to achieve universal compulsory education. However, the Committee notes the Government’s indication that the implementation of this bill has been hindered due to the current political situation and terrorist operations in the country. Considering that education contributes to preventing children in the worst forms of child labour, the Committee urges the Government to take the necessary measures to increase primary school enrolment and attendance rates and reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour. It also requests the Government to improve the access to free basic education of children including girls; children in areas affected by the war; internally displaced children in the Kurdistan region; child refugees; and orphans. The Committee finally requests the Government to indicate the number of school drop-outs who have been benefited and who continue to benefit from the modes of the informal education system.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child trafficking. The Committee notes that, according to “2009 Trafficking in Persons Report – Iraq” (available at the website of the United Nations High Commissioner for Refugees (UNHCR)), Iraq is both a source and destination country for men, women and children trafficked for the purposes of commercial sexual exploitation and involuntary servitude. Iraqi women and girls, some as young as 11 years old, are trafficked within the country and abroad to the Syrian Arab Republic, Lebanon, Jordan, Kuwait, United Arab Emirates, Turkey and the Islamic Republic of Iran for forced prostitution and sexual exploitation. The more prevalent means of becoming a victim of trafficking is through sale or forced marriage. Another report entitled “2008 Findings on the Worst Forms of Child Labour – Iraq” (available at the UNHCR website) indicates that there is evidence of children trafficked from orphanages by employees of these organizations. The report further indicated that in January 2008 the Iraqi press reporters discovered a market for selling children in Baghdad, and that the sale of children continued to be a problem in Iraq. The Committee requests the Government to take specific and effective time-bound measures to remove children from the worst forms of child labour, in particular the sale and trafficking of children and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard.

2. Children in armed conflict. The Committee had previously noted that, according to the “Child Soldiers Global Report” of 2008, the Government, through the Commission of Child Care, had started addressing the challenges confronting children in Iraq. It had also noted that the Special Representative on Children and Armed Conflict, in her discussions with the United Nations Assistance Mission for Iraq (UNAMI), had agreed that greater efforts should be made on behalf of the UNAMI to address those issues affecting children
through the appointment of child protection advisers. The Committee notes that, based on the 2009 report of the Secretary-General to the Security Council
(A/63/785-S/2009/158) issued on 26 March 2009, as of December 2008, there were 838 children in conflict with the law under the custody of the Government of Iraq. These children have been detained or imprisoned for conflict-related reasons such as alleged participation in insurgent activities or other forms of association with armed groups. Some of these children have been under pre-trial detention for more than a year. They continue to face the threat of sexual and physical abuse by Iraqi police and prison guards and ill-treatment by investigators with the aim of obtaining a confession. The Committee requests the Government to provide information on the time-bound measures taken to remove children from activities related to armed conflict, including through the work of Commission of Child Care and child protection advisers. It also requests the Government to indicate the measures taken for the rehabilitation and reintegration of children involved in activities related to the armed conflict.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children, refugees, orphans and street children. The Committee had previously expressed concern at the situation of the high number of children affected by the war. The Committee notes the Government’s indication that it has set up a Joint Committee of the Ministry of Labour and Social Affairs and the Ministry of Interior to implement measures to remove children from the street and for their rehabilitation. The Committee requests the Government to provide information on the concrete measures taken by the Joint Committee of the Ministry of Labour and Social Affairs and the Ministry of Interior to remove and rehabilitate street children, and the results achieved. It also requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect internally displaced children, child refugees and orphans from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee had previously noted that children were reported to be participating in both the sex industry and the drug trade. Reports from destination countries indicated that girls are trafficked to Jordan, Syria and Persian Gulf States. Young boys and girls are targeted by gangs for sexual exploitation or to be sold into prostitution or trafficked out of Iraq for sexual exploitation. The Committee once again requests the Government to indicate the manner in which it intends to accord special attention to the situation of girls to remove them from the worst forms of child labour.

Article 8. International cooperation. Noting the absence of information in the Government's report, the Committee once again requests the Government to provide information on international cooperation and assistance received to tackle the worst forms of child labour, as well as for social and economic development, poverty eradication programmes and universal education.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that by virtue of Order No. 48 of 2009, a ministerial committee was set up under the chairmanship of the Labour and Vocational Training Section, including representatives of the Ministry of Education and the Ministry of Interior, to prepare a study on child labour, as well as hazardous working conditions of children. The Committee requests the Government to provide information on the findings of the study conducted by the ministerial committee, with regard to the worst forms of child labour and hazardous working conditions. The Committee once again requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. It also requests the Government to supply copies or extracts from official documents including studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. The Committee notes that section 91. 3 of the Labour Code, as amended by Order No. 89 of 2004 (hereinafter the Labour Code, as amended), adopts the provisions of Article 3 of the Convention No. 182 by prohibiting all the worst forms of child labour.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that article 35(3) of the Constitution of Iraq, 2005, prohibits the trafficking of women and children and the sex trade. Furthermore, section 422 of the Penal Code provides for penalties for the offences related to the kidnapping of young persons under the age of 18 years with or without using force. The Committee requests the Government to indicate the provisions in the national legislation which prohibit the sale and trafficking of children under 18 years for labour or sexual exploitation.

2. Slavery, bondage, serfdom and forced and compulsory labour. The Committee notes that article 35(3) of the Constitution prohibits forced labour, serfdom and the slave trade. It also notes that by virtue of article 29(3) of the Constitution, economic exploitation of children shall be completely prohibited and that the State shall take the necessary measures to protect them.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that according to article 9(2) of the Constitution, national service will be stipulated by law. It notes that according to a report entitled “Child Soldiers Global Report, 2008 - Iraq”, available at the site of the United Nations High Commissioner for Refugees (http://www.unhcr.org), the August 2003 Coalition Provisional Authority (CPA) Order creating the new armed forces specified that the minimum age of recruitment was 18 and that recruitment was voluntary. In the report on the Visit of the Special Representative for Children and Armed Conflict to Iraq, 13–25 April 2008 (available at: www.un.org/children/conflict/english/countryvisits.html) it was stated as follows: “children have been recruited and utilized by an array of parties to the conflict in Iraq. It has been reported that hundreds of children, some as young as 10 years of age, have been used in a varying array of tasks including scouting, spying, digging holes for Improvised Explosive Devices (IEDs), planting IEDs, videotaping attacks, as well as more traditional combat roles. Especially troubling are reports of Al Qaida in Iraq (AQI) and associated groups using children under the age of 18 years as suicide bombers”. The Committee expresses its concern at the situation of children in Iraq who are recruited for the armed conflict. The Committee requests the Government to take measures, as a matter of urgency, to demobilize all child soldiers. It also requests the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and sufficiently effective and dissuasive penalties are imposed in practice. Finally, the Committee requests the Government to provide information on the legislation regulating the enlisting in military service and recruitment in armed conflict.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that according to section 399 of the Penal Code, any person who incites a boy or a girl under the age of 18 years to prostitution or to indulge in fornication shall be punished. It also notes that sections 396(2) and 385 of the Penal Code penalizes any person who sexually assaults a boy or a girl under the age of 18 years, and who has carnal knowledge of a girl to whom he is not married and who is under the age of 18 years. The Committee further notes that Law No. 8 of 1988 on Combating Prostitution prohibits prostitution and jobbery (facilitating adultery or prostitution, section 2). The same Act, under section 3 punishes any person who acts as a pimp for prostitution; uses persons for prostitution, owns or manages places for allowing others to practice prostitution; and keeps a boy or a girl under the age of 18 years for the purpose of prostitution (section 5).

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that according to section 403 of the Penal Code any person who produces, imports, possesses, or obtains a printed material, picture or film which violates the public integrity or decency with intent to exploit or distribute such material shall be punished. The Committee notes that the Penal Code does not appear to contain any provisions prohibiting the use, procuring or offering of a child for pornography or for pornographic performances. The Committee therefore requests the Government to indicate the legal provisions prohibiting the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances, and also to supply a copy of the same.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 392 of the Criminal Code punishes any person who induces a minor under the age of 18 years to beg. It further notes that Penal Code contains provisions related to the offering of or inciting the consumption of alcohol to young persons under 18 years, but does not make a reference to the use of children for the production and trafficking of drugs. The Committee reminds that, under the terms of Article 3(c) of the Convention, the use, procuring or offering of a child under 18 years, for illicit activities, in particular the production and trafficking of drugs is considered to be one of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties.

Clause (d). Hazardous work. The Committee notes that according to section 91(1) of the Labour Code, as amended, young persons who has not reached the age of 18 years may not be employed to perform work, which by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. According to section 91(2) of the Labour Code, as amended, the list of the types of hazardous work to which the provisions of section 91.1 applies shall include: (a) work underground, underwater, at dangerous heights or in confined spaces; (b) work with dangerous machinery, equipment and tools, or that involves the manual handling or transport of heavy loads; (c) work in an unhealthy environment that may, for example, expose young persons to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (d) work under particularly difficult conditions such as work for long hours or in certain circumstances during the night or work where the young person is unreasonably confined to the premises of the employer. It further notes that the list shall be periodically examined and revised as necessary by the Ministry of Labour in consultation with the workers’ and employers’ organizations. The Committee requests the Government to indicate whether pursuant to section 91(2) of the Labour Code, a comprehensive list of the types of work harmful to the health, safety and morals of children under 18 years, have been adopted. If so, the Committee requests the Government to supply a copy of the same.

Article 5. Monitoring mechanisms. Labour Inspectorate. The Committee notes that, by virtue of section 114 of the Labour Code, Act No. 71 of 1987 enterprises and other workplaces covered by the provisions of this law shall be subject to labour inspection. It notes that according to section 116, the labour inspection shall be performed under the supervision of the Minister of Labour and Social Affairs (MOLSA) by inspection committees chaired by a competent inspector. According to section 115 of the Labour Code, the Director-General of Labour and the Confederation of Trade Unions, after examining the inspection reports, draft conclusions and proposals to be submitted to the MOLSA, every three months. Based on this report, the MOLSA draws up proposals or instructions to improve inspection procedures. The Committee requests the Government to provide information on the inspections carried out by the labour inspection committees and on the number and nature of violations detected with regard to minors under the age of 18 years. It also requests the Government to indicate whether any monitoring mechanisms have been established to secure the application of the provisions of Article 3(a)–(c) of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that section 91(5) of the Labour Code, as amended provides that the Government shall design and implement programmes of action to eliminate the worst forms of child labour. It notes, however, that the Government has not provided any information on this point. The Committee requests the Government to provide information on the programmes of action taken pursuant to section 91(5) of the Labour Code, to eliminate as a priority the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Code provides for sufficiently effective and dissuasive penalties of imprisonment for the following offences: inducing a young person under 18 years into prostitution (section 399); sexual assault against a young person under 18 years; production and distribution of indecent picture or films (section 403). It also notes that the Law No. 8 of 1988 provides penalties of imprisonment for the offences related to prostitution, jobbery, mediation and pandering. The Committee further notes that according to section 91(4) of the Labour Code, as amended, whoever promotes, aids or benefits from acts destined to use the worst forms of child labour shall be prosecuted. Section 97 of the Labour Code, as amended further envisages the penalties for the violation of the provisions on the protection of young persons. However, the Committee observes that no penalties are established for the offences related to the sale and trafficking of children as well as for the compulsory recruitment of children under 18 years for armed conflict. The Committee therefore requests the Government to take the necessary measures to establish appropriate penalties for the violation of the sale and trafficking, and the compulsory recruitment for armed conflict, of children under the age of 18 years.

Article 7, paragraph 2. Effective and time bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that by virtue of article 34 of the Constitution, primary education is free and compulsory. It notes, however, that, according to the UNICEF estimates (available at: www.unicef.org/infobycountry/
iraq_2122.html) education rates are falling in Iraq. The number of primary-age children not enrolled in school has climbed from under 800,000 to over 2 million since 2005. School closures have been reported in Baghdad, and many schools have been caught up in violent attacks. According to the report of the Secretary-General for Children and Armed Conflict of April 2008 (page 5), the primary school attendance has dropped to 53 per cent in 2007 as opposed to 83 per cent in 2005, and in Diyala, children have not been able to go to school for six months. The school drop-out rate for girls is higher than for boys, and most of the girls, especially in the rural areas, are not aware of their right to education. The report further indicates that about 70 per cent of schools throughout Iraq were damaged by war and lack of maintenance, 870,000 children were orphaned by war, and 40 per cent of the total 4.9 million internally displaced persons and refugees, are children, 60 per cent of whom are in the Kurdistan region. Considering that education plays an important role in preventing children from engaging in the worst forms of child labour, the Committee requests the Government to urgently take measures to improve the access of children to free basic education including of girls; children in areas affected by the war, such as Diyala; internally displaced children in the Kurdistan region; child refugees and orphans.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that according to the Child Soldiers Global Report, of 2008 the Government has, through the Commission of Child Care, begun to address the challenges confronting children in Iraq. The Commission has established a committee, which has recommended that the Government sign the Optional Protocol on the Involvement of Children in Armed Conflict, subsequently ratified on 24 July 2008. The Special Representative on Children and Armed Conflict met with high officials of the Government to assess how best to improve the protection of children in Iraq. In her discussions with United Nations Assistance Mission for Iraq (UNAMI), it was agreed that greater efforts should be made on behalf of the UNAMI to address those issues through the appointment of child protection advisers. The Committee requests the Government to provide information on the time-bound measures taken to prevent the engagement of children in armed conflict and to provide for their withdrawal and rehabilitation, including through the work of Commission of Child Care and child protection advisers.

Clause (d). Identifying and reaching out to children at special situation. Internally displaced children, refugees, and orphans. The Committee is concerned at the situation of the high number of children affected by the war. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect internally displaced children, child refugees and orphans from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee notes that according to the information available at the Office, children were reported to be participating in both the sex industry and the drug trade. Reports from destination countries indicate that girls are trafficked to Jordan, Syria and the Persian Gulf States. Young boys and girls are targeted by gangs for sexual exploitation or to be sold into prostitution or trafficked out of Iraq for sexual exploitation. The Committee requests the Government to indicate the manner in which it intends to accord special attention to the situation of girls to remove them from the worst forms of child labour.

Article 8. International cooperation. The Committee notes the absence of information in the Government’s report. The Committee requests the Government to provide information on international cooperation and assistance received to tackle the worst forms of child labour, as well as for social and economic development, poverty eradication programmes and universal education.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. It also requests the Government to supply copies or extracts from official documents including studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.