Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

1. In its previous comments the Committee referred to a certain number of provisions restricting the freedom of persons in the service of the State to resign.

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.

Under resolution No. 917 of 1988, the competent authority may accept the resignation of officers demobilized from military service who wish to resign from the public service and may pension off officers demobilized from military service who wish to retire after not less than 15 years of service. Under resolution No. 550, the competent authority may accept the resignation of an officer who has served for less than 15 years and discharge him of reimbursement of study fees.

The Committee notes the Government's indication in its report that under section 40 of Law No. 201 of 1975 officers and seamen may resign, as they are considered as public servants, listed in the list of the public service. The Government states that they are in a statutory relation as are the public servants under Law No. 24 of 1960 on public service, as amended. The Government considers that the provisions of resolutions Nos. 917 of 1988 and 550 of 1989 confirm the provision of section 40.

The Committee observes however that section 40 of Law No. 201 of 1975 provides power to refuse a resignation and that such refusal is final.

The Committee requests the Government to provide information on measures taken or envisaged to preserve the right of officers and seamen to leave the service on their own initiative after a reasonable time, either at specified intervals or by giving notice.

The Committee also referred to the Military Service Retirement Law No. 1 of 1975 and it requested the Government to supply a copy of provisions governing the right of career members of the armed forces to leave the service in peacetime, by means of notice of a reasonable length.

The Committee hopes that the Government will be in a position to furnish this information.

The Committee also recalls its comments under Convention No. 105 in relation to resolution No. 700 of 13 May 1980.

2. In its previous comments the Committee noted that Law No. 96 of 1987 entrusts the implementation of the Youth Training Programme, instituted by Law No. 183 of 1978 to the Ministry of Higher Education and Scientific Research.

The Committee has taken note of the statutes of the General Federation of Young Iraqis, supplied by the Government.

The Committee requests once more the Government to send with its next report the texts of official rules and regulations adopted with a view to the application of the above programme.

3. 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 that the Government refers to section 325 of the Penal Code No. 11 of 1969 under which is liable to imprisonment any public servant or person entrusted with a public service, who exacts forced labour of a person in circumstances other than in the public interest as provided for in laws and regulations, or required by a state of emergency, or who requires a person to do work in cases other than those provided for in the laws.

As under Article 25 of the Convention, the illegal exaction of forced or compulsory labour, by any person whatever his status, and not only for public activities, but also for private ones, is punishable as a penal offence, the Committee hopes that the Government will indicate the measures taken or envisaged to punish the exaction of forced or compulsory labour in those cases which do not fall under the scope of section 325 of the Penal Code.

The Committee also requests the Government to provide specific indications on the activities which are considered as being of public interest and to furnish the text of the applicable provisions.

4. With reference to its previous comments concerning the freedom of foreign workers to leave the country, the Committee notes the Government's statement in its report, that no restriction impedes these workers, when their contract or their work is finished, to leave their employment, in conformity with section 36 of the Labour Code, and the competent services will give the foreign worker, on his request, a visa to leave the country.

The Committee takes due note of this statement. It again requests the Government to send with its next report a copy of Law No. 118 of 1978 and related regulations, as well as any other related legal provisions.