Observación (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

The Committee again notes with regret that the Government’s report contains no reply to previous comments. It must therefore draw attention to the points previously made concerning the application of the Convention by Iraq.

1. In its earlier comments, the Committee noted that, since 1992, it has drawn the Government’s attention to its obligation under Article 2 of the Convention, noting that the Government’s previous reports merely cited the provisions of the Iraqi Constitution and national legislation that express the guarantee of equality in employment for all citizens without discrimination on specified grounds in accordance with the Convention. The Committee pointed out over the years that, under Article 2, the Government "undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof". As the Committee has noted, the principle of equality before the law may be an element of a national policy, but it cannot in itself constitute a policy within the meaning of Article 2. Such a policy implies the establishment of programmes and the implementation of appropriate measures pursuant to Article 3 of the Convention. The Committee notes that the Government’s report once again contains no concrete information in response to its earlier comments relating to the application of Article 2. It is therefore compelled once again to request the Government to specify the measures taken to adopt a policy, programme and other measures to implement the legislation and promote equality in employment and occupation.

2. In its previous comments, the Committee had requested information on Iraqi citizens belonging to the country’s ethnic, religious and linguistic minorities, particularly the Kurdish and Turkoman minorities. It recalled that, in 1993, the Conference Committee on the Application of Standards had expressed deep concern over the situation of these minorities, asking the Government to provide information on their practical situation and on the manner in which these minorities are guaranteed equality of opportunity and treatment. The Committee regretted that, since that time, the Government has not sent sufficiently specific information permitting the Committee to form an opinion in this regard. The Committee also noted the Concluding Observations of the Human Rights Committee (61st Session, November 1997), which expressed concern regarding the situation of members of religious and ethnic minorities, particularly the Shi’ite people in the southern marshes and the Kurds (CCPR/C/79/Add.84, page 5, paragraph 20). Further, it noted that the United Nations Commission on Human Rights (54th Session, April 1998) called on Iraq to cease immediately repressive practices aimed at Iraqi Kurds, Assyrians, Shi’a, Turkmen, the population of the southern marsh areas, and other ethnic and religious groups (E/CN.4/1998/L.85, pages 3-4, paragraph 3(h)). In this context, the Committee observes that, more recently, the Committee on the Elimination of Racial Discrimination expressed its concern over allegations that the non-Arab population living in Kirkuk and the Khanaquin, especially the Kurds, Turkmen and Assyrians, have been subjected by local Iraqi authorities to measures such as the denial of equal access to employment and educational opportunities (Concluding Observations, CERD/C304/Add.80 of 12 April 2001, paragraph 12).

3. The Committee regrets to note that, in its most recent report, the Government once again cites the Kurdistan Self-Rule Act No. 33 of 1974 in the context of national legislative texts expressing the principle of equality for all citizens without providing information on the manner in which these provisions are applied in practice. The Self-Rule Act only refers to workers’ protection in relation to the Assembly’s power to designate self-rule administration officers, stipulating that these should be Kurds or members of other minorities (section 115). The Committee therefore must reiterate its request that the Government provide concrete and specific information on any policies, programmes or measures taken to ensure the application of the principle of non-discrimination to the Kurdish and Turkoman peoples as well as to the Shi’a and Assyrian minorities. It further requests information on the position of minorities in the labour market, their access to employment and occupations, job security and terms and conditions of work.

4. The Committee notes that, in response to its earlier comments, the Government once again states that Decision No. 76 of 1993, suspending the application of resolution No. 480 of 1989, remains in force. The Committee nevertheless recalls once more that Decision No. 76 expressly provides that resolution No. 480 is suspended pending the promulgation of a subsequent resolution which will either repeal or reinstate resolution No. 480. Accordingly, the Committee requests the Government to keep it informed with regard to any action taken concerning this resolution, which prohibits women in the state administration and in the socialist and mixed sectors from working in certain occupations.

5. The Committee understands from the Concluding Observations of the Committee on the Elimination of Discrimination Against Women (A/55/38, 12-30 June 2000) that the Government adopted a national strategy to promote the situation of Iraqi women and established a high-level national committee for the advancement of Iraqi women, headed by the Minister of Labour and Social Affairs, to facilitate its implementation. The Committee would be grateful if the Government would provide information on the activities carried out under the national strategy to promote the employment of women, including employment in non-traditional occupations, and if it would provide information on the progress achieved in this regard. The Committee also reiterates its request that the Government supply statistics reflecting the number of women occupying posts of responsibility in the public sector in proportion to men, and their classifications.

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