Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee refers to its observation under the Convention.

Article 1(a) of the Convention

1. In previous comments, the Committee referred to the following legislative provisions:

-  section 43 of Act No. 1 of 1960 respecting societies, in conjunction with section 323 (suspension of societies’ activity for 30 days), and section 26(b) (dissolution of societies whose aims are contrary to the Republican regime or the requirements of the regime, etc.);

-  section 16 of Law No. 206, which provides for a penalty of imprisonment (involving compulsory labour) for publication in the press of prohibited matter (e.g. matter which is injurious to the authorities, the propagation of certain ideas);

-  restrictions imposed by the legislation on the freedom of expression. In particular, in the event of insults against the authorities, severe penalties are prescribed under decision No. 840 of 4 November 1986 amending section 225 of the Penal Code;

-  sections 1 to 4 of Act No. 7 of 1958 concerning punishment of those who plot against the security of the State (directing the country’s policy against the national interest, issuing laws for the benefit of a certain number of persons against the common welfare, influencing morale by circulating alarming rumours, etc.).

The Committee pointed out that, to the extent that the abovementioned provisions allow the imposition of penalties involving compulsory labour as a means of political coercion or as punishment for expressing political views or views which are ideologically opposed to the established political, social or economic order, they have a bearing on the observance of the Convention.

The Committee noted the Government’s indication in its 1993 report that drafts were being prepared with a view to the adoption of new laws on societies and the press. The Committee hopes that the necessary measures have been taken to ensure the observance of the Convention and that the Government will report on legislative amendments, and/or on the practical application of the above provisions, if they are still in force, including copies of relevant court decisions.

2. The Committee also had asked the Government to provide information on the practical application of the following provisions of the Penal Code, and on any measures taken to ensure observance of the Convention in this regard:

(a)  section 157(i) (joining association hostile to Iraqi Republic, even though such a body may not consist of belligerents);

(b)  section 200 (arguing the overthrow of the existing system of government in Iraq, or exposing it to hatred or ridicule, or giving encouragement to anything which might stir up sectoral or religious strife);

(c)  section 201 (making of propaganda for Zionism or adhering to any Zionist organization or assisting it morally or materially, or working in any capacity to obtain its ends);

(d)  section 202 (treating with contempt in public the Iraqi nation or people or any group of inhabitants of Iraq);

(e)  section 205 (setting up, managing or performing a leading part in a secret association as defined in that section);

(f)  section 206 (setting up, founding, managing, directing or joining an organization of an international character without permission from the responsible authorities);

(g)  section 208 (concerning acquisition or possession of certain written matter or records or means of printing or recording same, containing incitement to or propaganda for any of the things mentioned in sections 200 (promoting political change or overthrow of government through use of violence, terrorism or other illegal means), 201 (promoting Zionism) and 202 (treating Iraq, its people, or any group of its inhabitants with contempt or contumely), of the Penal Code);

(h)  section 210 (deliberately broadcasting false or misleading news, statements or rumours likely to cause alarm or despondency, disturb the peace, or damage national interest);

(i)  section 211 (availing oneself of any means or publicity to publish false news or forged or fraudulent documents or news or documents falsely ascribed to other persons, if the aim is to disturb the peace or damage national interest);

(j)  section 213 (using any means of publicity to preach disobedience to the law or desirability or an act deemed to be an offence);

(k)  section 214 (raising a cry or singing a song likely to cause civil strife);

(l)  section 215 (possessing or procuring or issuing or holding with a view to trading or distributing or offering pictures, drawings or written material likely to disturb public security or impair the prestige or standing of the country, with a view to giving a false or distorted impression of events);

(m)  section 221 (convening, controlling the movements of, or taking part in a gathering in a public place, knowing that such gathering had been forbidden by the authorities);

(n)  section 221(i) and (iii) (convening or participating in a gathering to influence the authorities in their duties, inter alia);

(o)  section 225 (using means of publicity to belittle the President of the Republic or person replacing him).

3. Article 1(c) and (d). In previous comments, the Committee had referred to sections 197(4) and 216 of the Penal Code, under which imprisonment (with an obligation to work) for a fixed term or for life may be imposed in cases where activities are stopped or disrupted in public services or bodies, public utilities, state industrial installations or public establishments of importance to the national economy. The Government indicated in earlier reports that state officials and government establishments had no right to strike; section 197(4) was applied without qualification and made no distinction between essential and non-essential services provided by the undertakings, and the threat of imprisonment for disruption of work was intended to induce the continuation of work by anyone who would otherwise abandon it and thus disrupt the services in question. The Committee noted that under those provisions, sanctions involving compulsory prison work were applicable to work stoppages in a large range of activities and industrial installations. The Committee asked the Government to indicate the steps taken or envisaged to ensure the application of the Convention in this respect, for example by restricting the application of those provisions to officials whose functions include the exercise of public authority and employees in the essential services, interruption of which would endanger the life, personal safety or health of the whole or part of the population.

The Committee noted the Government’s indication in its 1993 report that the necessary measures were being taken to amend sections 197(4) and 364 of the Penal Code (to which the Committee refers under point 2 of its observation). The Committee hopes that the Government will soon be in a position to indicate measures taken to bring those provisions, as well as section 216 of the Penal Code, into conformity with the Convention.