Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that the trafficking of women and children and the sex trade is prohibited under article 35(3) of the Constitution, and that section 455 of the Penal Code establishes penalties for the offences related to the kidnapping of children under 18 years of age. The Committee notes that section 91.3(a) of Order No. 89 of 2004 (Amendments to the Labour Code of 1987) prohibits all forms of slavery and practices similar to slavery such as the sale and trafficking of children.

2. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that. according to a report entitled “Child Soldiers Global Report, 2008 – Iraq”, available at the website of the United Nations High Commissioner for Refugees (www.unhcr.org), 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. However, it had also 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 (available at www.un.org/children/conflict/english/
countryvisits.html) 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 had further 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 notes the Government’s statement that inspection committees were empowered to take legal measures with respect to persons employing children under the age of 18 years in armed conflict. It also notes 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 prohibited. However, the Committee notes 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 expresses its serious concern at the situation of children in Iraq who are being recruited for use in armed conflict. The Committee therefore urges the Government to intensify its efforts to improve the situation and to take immediate and effective measures to put a stop in practice to 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.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 403 of the Penal Code provides for penalties for any person who produces, imports, possesses, or obtains a printed material, picture or film which violates the public integrity or decency with intent to exploit or distribute such material. The Committee notes that, by virtue of section 91.3(b) of Order No. 89 of 2004, the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that, while the Penal Code contains provisions related to the offering of, or inciting the consumption of, alcohol to young persons under 18 years, it does not make any reference to the use of children for the production and trafficking of drugs. The Committee notes with interest that section 91.3(c) of Order No. 89 of 2004 prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 4(1). Determination of hazardous work. The Committee had previously noted the provisions of section 91(2) of Order No. 89 of 2004, 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 the Government’s indication that the Minister of Labour undertakes, in consultation with the employers’ and workers’ organizations, to prohibit the employment of children in certain types of work harmful to their health, safety and morals, and which will be sent to the Committee. The Committee requests the Government to provide information on any progress made in drawing up the list of types of work harmful to the health, safety and morals of children under 18 years, pursuant to section 91.2 of the Order No. 89 of 2004. It also requests the Government to supply a copy, once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee had previously noted sections 114, 115 and 116 of the Labour Code of 1987 which deal with labour inspection. The Committee notes the Government’s indication that there has been a decrease in the employment of children under the age of 18 years. It also notes 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. The Government further states that the competent authorities have 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. The Committee requests the Government to provide information on the activities of the labour inspectorate in monitoring the compliance of 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 had 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 notes the Government’s information that a ministerial committee composed of the Ministry of Labour and Social Affairs, the Ministry of Education and the Ministry of Interior was set up to fight child labour in collaboration with civil society, and the Agency for the Welfare of Childhood, Women and Health. The Committee also notes the Government’s statement that a project on the elimination of child labour was also adopted. The Committee requests the Government to provide information on the activities of the 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, and the results achieved with regard to the elimination of the worst forms of child labour.

Article 7(1). Penalties. The Committee had previously noted that, according to section 91.4 of Order No. 89 of 2004, whoever promotes, aids or benefits from acts destined to use the worst forms of child labour shall be prosecuted. It had observed that no penalties were established for the offences related to the sale and trafficking of children as well as for the compulsory recruitment of children under 18 years for armed conflict. The Committee notes that, as per section 97 of Order No. 89 of 2004, any person infringing the provisions on the protection of young persons, including the provisions of section 91.3 (prohibiting the worst forms of child labour), shall be guilty of an offence and on conviction shall be liable to imprisonment for a period of ten days to three months, or to a fine from 12 times the daily minimum wage to 12 times the monthly minimum wage. The Committee notes, however, that, the penalties imposed under section 97 of Order No. 89 of 2004 are very low. The Committee therefore requests 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. It also requests the Government to provide information on the application of the penalties in practice, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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 had noted that, by virtue of article 34 of the Constitution, primary education is free and compulsory. It had noted that, according to the UNICEF estimates and the report of the Secretary-General for Children and Armed Conflict of April 2008 (page 5), 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. The report had further indicated that about 70 per cent of schools throughout Iraq were damaged by war and lack of maintenance, 870,000 children were orphaned by war, and 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 the Government’s information that in order to bring back the school drop-outs, new modes of the informal education system were 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. It also notes 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 Government further states that the state institutions and departments, the public sector and trade unions collaborate with each other in order to achieve universal compulsory education. However, the Committee notes the Government’s indication that the implementation of this bill has been hindered due to the current political situation and terrorist operations in the country. Considering that education contributes to preventing children in the worst forms of child labour, the Committee urges the Government to take the necessary 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. It also requests the Government to improve the access to free basic education of children including girls; children in areas affected by the war; internally displaced children in the Kurdistan region; child refugees; and orphans. The Committee finally 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. The Committee notes that, according to “2009 Trafficking in Persons Report – Iraq” (available at the website of the United Nations High Commissioner for Refugees (UNHCR)), 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. The more prevalent means of becoming a victim of trafficking is through sale or forced marriage. Another report entitled “2008 Findings on the Worst Forms of Child Labour – Iraq” (available at the UNHCR website) indicates that there is evidence of children trafficked from orphanages by employees of these organizations. The report further indicated that in January 2008 the Iraqi press reporters discovered a market for selling children in Baghdad, and that the sale of children continued to be a problem in Iraq. The Committee 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 had previously noted that, according to the “Child Soldiers Global Report” of 2008, the Government, through the Commission of Child Care, had started addressing the challenges confronting children in Iraq. It had also noted that the Special Representative on Children and Armed Conflict, in her discussions with the United Nations Assistance Mission for Iraq (UNAMI), had agreed that greater efforts should be made on behalf of the UNAMI to address those issues affecting children
through the appointment of child protection advisers. The Committee notes that, based on 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 have been 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 have been under pre-trial detention for more than a year. They continue 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 requests the Government to provide information on the time-bound measures taken to remove children from activities related to armed conflict, including through the work of Commission of Child Care and child protection advisers. It also requests the Government to indicate the measures taken for the rehabilitation and reintegration of children involved in activities related to the armed conflict.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children, refugees, orphans and street children. The Committee had previously expressed concern at the situation of the high number of children affected by the war. The Committee notes the Government’s indication that it has 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. The Committee 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. It also requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect internally displaced children, child refugees and orphans from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee had 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.

Article 8. International cooperation. Noting the absence of information in the Government's report, the Committee once again requests the Government to provide information on international cooperation and assistance received to tackle the worst forms of child labour, as well as for social and economic development, poverty eradication programmes and universal education.

Part V of the report form. Application of the Convention in practice. The Committee notes 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 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. The Committee once again requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. It also requests the Government 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.