Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Iraq (Ratificación : 2001)

Otros comentarios sobre C182

Observación

Solicitud directa

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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.