Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Articles 2 and 3 of the Convention. For many years, the Committee has been noting that the provisions of the Labour Code do not provide for the application of these Articles of the Convention and it has therefore been drawing the Government’s attention to the need to adopt legislation providing: (a) in accordance with Article 2 of the Convention, that, in every case of loss or foundering of any vessel, each person employed thereon shall be paid an indemnity against unemployment at the same rate as the wages payable under the contract for the days during which they in fact remain unemployed, although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (b) in accordance with Article 3, that seafarers shall have the same remedies for recovering the indemnities as they have for recovering arrears of wages earned. In this regard, the Government states once again in its report that section 150 of the Labour Code provides in a clear manner that, in the absence of an explicit provision in the Labour Code, the provisions of international labour Conventions ratified by Iraq shall apply. It adds that it will endeavour to adopt the necessary legislative measures to dispel any ambiguity in this respect. The Committee notes this information once again. It trusts that, in accordance with the assurances given, the Government will take all the necessary measures to adopt legislation giving full effect to Articles 2 and 3 and that it will provide copies of it in its next report.

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