Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. In its previous comments the Committee noted that under section 40(1) of Law No. 201 of 1975 on the Civil Marine Service, an application to resign by an officer or seaman may be refused and that under section 40(2) the decision to refuse the resignation shall be final; it expressed the hope that Law No. 201 of 1975 would be amended so as to entitle the officers and seamen covered by the Law to leave the service on their own initiative after a reasonable period of time, either at specified intervals or by giving notice.

In its most recent report received in 1989, the Government cites in response to the Committee's comments Resolution No. 917 of 1988 and Resolution No. 550 of 1989. Under Resolution No. 917 a competent minister and a head of a department not connected with a ministry may accept the resignations of officials demobilised from military service who wish to resign from public service and may pension off officials demobilised from military service who wish to retire after not less than 15 years of pensionable service. Under Resolution No. 550 the competent minister and the head of a department not connected with a ministry may accept the resignation of an official whose service is less than 15 years and discharge him of study fees; he may pension off an official on his or her request after not less than 15 years of actual service.

The Committee requests the Government to indicate in its next report how Resolutions Nos. 917 of 1988 and 550 of 1989 have affected in practice the application of section 40(1) of Law No. 201 of 1975 on the Civil Marine Service and to supply details on any cases where an application to resign has been refused. The Committee also asks the Government to indicate any measures taken or contemplated towards amending or repealing section 40(1) of the law on the Civil Marine Service.

2. Referring to paragraphs 67 to 73 of the 1979 General Survey on the Abolition of Forced Labour, the Committee in its last comment requested the Government to supply information on the law and practice governing termination of service in the armed forces in peacetime, including a copy of the Military Service and Retirement Law No. 1 of 1975. The Government indicates in its report that the Military Service and Retirement Law No. 1 of 1975 applies exclusively to the military service and no reason can be seen for providing it to the Committee.

In paragraphs 67 to 73 of the above-mentioned General Survey, the Committee discussed restrictions on freedom of workers to terminate employment. It has considered that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law and is thus incompatible with the Conventions relating to forced labour. The Committee, therefore, requests a copy of the provisions governing the right of career military personnel to resign from service in peacetime by means of notice of reasonable length.

3. In its previous request, the Committee asked the Government to indicate whether responsibility for the Youth Training Programme established by Law No. 183 of 1978 has been transferred to another branch of the Government in light of the abolition by Law No. 96 of 1987 of the Ministry of Youth, which previously had responsibility for the Youth Training Programme.

The Government, in its report, refers to Resolution No. 755 of 1987 which promulgates Law No. 96 of 1987, and under article 2, replaces the Ministry of Youth with the Ministry of Higher Education and Scientific Research, relating to the Youth Training Programme. The Committee asks the Government to send with its next report copies of rules or regulations adopted in furtherance of the application of the Programme.

4. Article 25 of the Convention. In its previous direct requests, the Committee asked the Government to supply information on any provisions punishing the exaction of forced or compulsory labour by private individuals or associations. The Committee notes the Government's reference in its report to article 53 of the Labour Law (No. 71) of 1987. Article 53 provides penalties for failure to abide by provisions of the Labour Law relative to protection of wages, not prohibition of forced labour. The Committee therefore, once again, asks the Government to supply indicate any provisions punishing the exaction of forced or compulsory labour by private individuals or associations.

5. In its previous comment, the Committee requested the Government to supply information on any measures taken to ensure that all foreign workers wishing to return abroad upon termination of their contract period or upon loss of the salaried employment for which they offered themselves voluntarily are able to do so. It notes the Government's statement that under Law No. 118 of 1978 concerning residence and regulations established thereunder, foreign workers may leave Iraq at the termination of their contract of employment or if they so wish before the expiration of their employment contract. The Committee asks the Government to send with its next report a copy of the relevant provisions of Law No. 118 of 1978 and related regulations, and information on any measures taken to ensure that those concerned obtain the necessary exit visa.