Cas individuel (CAS) - Discussion : 2021, Publication : 109ème session CIT (2021)

Written information provided by the Government

The Iraqi Constitution of 2005, which is “the supreme law in Iraq”, provides strong protection against discrimination and guarantees equal treatment for all Iraqis regardless of gender, race, nationality, origin, colour, religion, sector, belief, opinion, or economic or social situation. The Constitution offers strong equal rights and lays a solid foundation for the rest of Iraqi legal texts. Most notably, article 14 of the Constitution contains an equal protection clause for all.

Iraq has ratified many major human rights treaties, including several treaties that directly affect the status of minorities. By ratifying the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Iraq has pledged to abide by international law in protecting the civil, social, economic, political, and cultural rights of Iraqi minorities.

The Coalition Provisional Authority Order No. 7 issued in April 2003 regarding the Penal Code No. 111 of 1969 included in article 4 an important clause against discrimination in order to protect the rights of minorities: “All those who serve in governmental posts or work in public sector including police workers, public prosecutors and judges are to apply the law without bias in the performance of their official duties. No discrimination will be practiced against any person because of his gender, ethnicity, colour, language, religious affiliation, political opinion, nationality, ethnicity, meeting, or hometown.” The significance of this provision is that it is non-discriminatory. It was created along with article 372 of the Penal Code (which prohibits hate crimes and criminalizes acts that harm, attack, insult, disrupt, or destroy religious practices and holy sites for religious minorities in Iraq), as part of a strong set of laws that protect the interests of Iraqi minorities.

The Iraqi Labor Law No. 37 of 2015 that is in force was defined in accordance with article 1(25) – Direct discrimination: any distinction, exclusion or preference based on race, colour, gender, religion, sect, political opinion or political belief, origin or nationality.

Indirect discrimination is defined in article 26: it is any exclusion or preference, discrimination based on nationality, age, health status, economic status, social status, affiliation and trade union activity, and its effect shall nullify or weaken the application of equal opportunities or equal treatment in employment and profession.

This law aims, under article 2, to achieve sustainable development based on social justice and equality, and to secure decent work for all without any discrimination, to build the national economy and achieve human rights and fundamental freedoms.

Article 4 stipulates: Work is a right for every citizen who is capable of it, and the State shall work to provide it on the basis of equal opportunities without any kind of discrimination.

Article 6(4) of the Labor Law stipulates that: Freedom of work is protected, and the right to work may not be restricted or denied. The State pursues a policy of promoting full and productive work and respects the basic principles and rights in it, whether in law or application, which includes (4): Elimination of discrimination in employment and profession.

Article 8(1): This law prohibits any violation of the principle of equal opportunities and equality of treatment whatever the reason, and in particular discrimination between workers, whether direct or indirect, in everything related to vocational training or employment or terms and conditions of work.

With the exception of article 8(3): Not considered as discrimination, any distinction, exclusion, or preference in connection with a particular job if it is based on the qualifications required by the nature of this work.

The worker has the right to resort to the Labour Court to file a complaint when he is exposed to any form of forced labour, discrimination or harassment in employment and profession (under article 11(1)).

Imposes a penalty of imprisonment for a period not exceeding six months and a fine not exceeding 1 million Iraqi dinars or one of these two penalties for anyone who violates the provisions of the articles contained in this chapter relating to child labour, discrimination, forced labour and sexual harassment according to each case (under article 11(2).

When there is no text in this law, the provisions of the relevant Arab and international labour conventions legally ratified shall be applied (under article 14(2) of the Labour Law).

The employment contract does not end according to article 48(1)(e): Discrimination in employment and profession, whether direct or indirect.

Jobseekers may enrol in training programmes free of charge in accordance with article 26(4).

The worker enjoys the following rights: To benefit from vocational training programmes in accordance with article 42(1)(f).

Equality between the wages of women and men for work of equal value under article 53(5).

All projects and workplaces are covered by labour inspection under the direction and supervision of the Ministry, in accordance with the provisions of article 126 of the Labour Law.

The Inspection Department of the Directorate of Labour and Vocational Training of the Ministry of Labour and Social Affairs, according to article 127(1), undertakes many tasks (in clauses a,b,c and d of this article).

The Directorate of Labour and Vocational Training, one of the formations of the Ministry of Labour and Social Affairs, has prepared a workers complaint form, which is available to all, and an urgent response is made upon submission by the worker.

Inspection committees are authorized under article 128 of the Law to perform several tasks, including conducting any examination or inquiry deemed necessary to ensure that there is no violation of the provisions of this Law, especially the following:

Investigate with the employer or the project workers separately or in the presence of witnesses any matters related to the implementation of the provisions of this Law.

Review any books, records or other documents whose preservation is a duty according to the provisions of laws and instructions related to work to ensure their compatibility with the provisions of this Law. Copies or samples of these documents can be taken.

Under article 129, inspection committees prepare a report after each visit that includes a summary of violations and recommendations for taking legal action against employers who violate the law.

In the event that any case of discrimination or any violation of the Law is discovered, the recommendation is to refer the employer to the Labour Court in accordance with article 134(2). The Minister, based on the report of the inspection committee, may decide to refer the violating employer to the competent Labour Court in accordance with the provisions of this chapter, or to initiate a penal case against the violating employer based on the recommendation of the inspection committee based on the inspection visit report.

The report of the inspection committee, together with the inspector’s testimony, is evidence that the court will take when issuing its decision, unless proven otherwise (under article 134(3)).

Discussion by the Committee

Interpretation from Arabic: Government representative, Director-General, Labour and Vocational Training Directorate – I would like to thank the ILO for its remarkable efforts and mindfulness regarding the holding of the meetings of the 109th Session of the ILC, despite the circumstances and challenges that the whole world is facing due to the COVID-19 pandemic.

Regarding equal opportunities and treatment, regardless of gender, ethnicity, colour, religion or ethnic origin, the Iraqi Constitution of 2005 is the supreme and higher law in Iraq and provides for strong protection against discrimination. The Constitution guarantees equal treatment for all Iraqis, regardless of their gender, ethnicity, origin, colour, denomination, belief, opinion, economic or social status, and establishes strong and equal rights and lays down a strong foundation for the remaining legal texts.

Article 14 stipulates that Iraqis are equal before the law, without discrimination because of gender, ethnicity, origin, colour, denomination, belief, opinion or economic or social status. Direct discrimination has been defined, in accordance with the provisions of article 25(1) of the Labour Law No. 37 of 2015, as any discrimination, exclusion or preference based on ethnicity, colour, gender, religion, denomination, opinion, political belief or origin, and is prohibited.

As for ethnic and religious exclusion from some labour markets, including employment in the Government and in private sector positions, article 16 of the Constitution stipulates that providing equal opportunities is a right that is guaranteed to all Iraqis and that the State shall ensure that it takes all the necessary measures to achieve that goal.

The Coalition Provisional Authorities Decree No. 7 of 2003, regarding the Penal Code No. 111 of 1969, includes in its section 4 an important provision to combat discrimination, in order to protect the rights of minorities. It is incumbent on all persons who carry out governmental duties or occupy public functions, including those working in the police force or as prosecutors or judges, to implement the law without discrimination when carrying out their official tasks. No discrimination shall be exercised against anyone on account of their ethnic affiliation, colour, language, religious affiliation, political opinion, nationality, ethnic origin, social status or home origin. This provision, in addition to section 372 of the Penal Code, which prohibits hate crimes and criminalizes actions that harm, attack, insult, invalidate or destroy religious practices and holy sites of religious minorities in Iraq, has established a strong set of laws that protect the interest of the Iraqi minorities. We would also like to refer you to the provisions of section 3(1) of the Labour Law, which is in force and is applicable to all workers.

The State is striving to provide equal opportunities at work, without discrimination, in accordance with the provisions of section 4 of the Labour Law. Any violation or abuse of the principle of equal opportunities and treatment, whatever the reason, in particular with regard to discrimination between workers, whether direct or indirect discrimination and in relation to vocational training or employment or working terms and conditions, in accordance with section 8(1) of the Law, is prohibited. Indirect discrimination has been defined as any discrimination, exclusion or preference based on gender, age, health situation, social or economic status, trade union affiliation or activity, resulting in the cancellation, or weakening, of the implementation of equal opportunities and treatment in employment and occupation, and I refer you to section 1(26). The State has adopted a policy to strengthen full and productive work to observe fundamental rights and principles, whether in law or in practice. This is particularly the case in paragraph 4 of the Labour Law, regarding combating discrimination in employment, in accordance with article 6, which also aims to guarantee the rights of workers who file a complaint with a labour court when they are exposed to any form of forced labour, discrimination or harassment in employment and occupation, in accordance with section 11(1).

Sanctions of imprisonment are imposed for a period that does not exceed six months, and a fine that does not exceed 1 million Iraqi dinars, or either of these sanctions can be imposed, on anyone who violates the provisions of the articles related to child labour, discrimination, forced labour, sexual harassment, according to each particular case, in accordance with the provisions of section 11(2) of the Labour Law. No labour contract can be terminated because of discrimination in employment and occupation, whether the discrimination is direct or indirect, in accordance with the provisions of section 48(1)(e). As for the measures taken to combat the forms of discrimination faced by ethnic and religious minorities in employment and occupation, all projects, in workplaces covered by the provisions of this law, are subject to labour inspection under the supervision and guidance of the Ministry, in accordance with the provisions of section 126 of the Labour Law which is in force. The tasks of the Inspection Department, according to section 127(1)(e), include providing appropriate mechanisms to receive workers’ complaints about any violations of their rights under this Law, and to broadly inform workers on how to use that mechanism.

The Inspection Department may provide a guiding list on how workers can file their complaints, and on the information to be included in the complaints, and how to direct the complaints to the Inspection Department and the Directorate. In coordination with the Iraqi Parliament and the Trade Union Committee; an electronic form was prepared to file complaints to the Media Division, which is affiliated to the Office of the Director-General of the Labour and Vocational Training Directorate. When such complaints are received, they are sent to the Inspection Department, and through its Inspection Committee, so as to carry out investigations. Parties to the dispute are summoned to the Directorate in order to reach a settlement. If such a settlement is reached, the complainant receives all their rights and this is recorded. In the event that no settlement is reached, a recommendation is made. The Inspection Committee then prepares a report alongside the testimony of the inspector and these are considered as evidence by the court when it takes a decision. This is then recorded in a data bank that is communicated to the Trade Union Committee.

Most complaints, for which appropriate measures are taken, involve workers’ rights, working hours, wages, termination of work without prior notice, or a reduction in the number of workers without prior approval from the Minister of Labour and Social Affairs.

Complaints also have to do with termination of work through coercion, by making the worker sign their resignation. Contact is made with citizens through social media websites, such as Facebook and, when receiving complaints, through private letters that are forwarded to the concerned sections so as to take the necessary measures.

Due to the COVID-19 pandemic and the lockdown that was imposed, as a consequence of the pandemic, a number of employers terminated workers’ contracts unjustly. A hotline was therefore established at the Ministry using the WhatsApp application, so as to receive complaints, which were forwarded to the relevant section. These measures include Baghdad and the other regions. A hotline system with four channels for the Ministry was purchased and a full channel shall be assigned to the Inspection Department. Our Ministry has not received any complaints regarding ethnic discrimination in the workplace. However, we would like to request technical assistance to train work inspectors and specialists in this field.

As regards direct and indirect discrimination indicators, as well as forced labour, citizens’ awareness shall be raised through social media, so as to inform them of their rights in the field of direct and indirect discrimination, bearing in mind the small amount of complaints that are forwarded to the Ministry in this regard. Under the supervision of and with the financing of the Central Bank, coordination in relation to those topics has begun with the University of Baghdad and the work inspectors in Baghdad and the provinces. In the field of ethnic discrimination against women, at the Ministry of Labour and Social Affairs an online symposium was held for inspectors on how to use an electronic form. Currently, data is being collected regarding inspectors’ opinions on how to investigate, along with women, the occurrence of ethnic discrimination against women in the work place. The data will then be analysed and provided to you along with any updates on this front.

You will also be provided at a later stage with updates regarding the draft Law on the Protection of Diversity and Combating Discrimination, as well as regarding the draft Law on the protection of the rights of religious and ethnic minority groups. The Government has adopted a law on Yazidi women survivors, No. 8 of 2021, as compensation for what they endured in particular, and to protect them and their regions in view of the consequences of the crimes committed against them and against the other Christian, Turkmen and Shabak communities. These crimes are considered as crimes against humanity, crimes that resulted in physical, psychological, social and material harm for all the victims, in particular women and children. And efforts are being made to integrate them into society.

Regarding the absence of complaints, legal measures to address ethnic discrimination, or the absence of the authorities’ will to file legal actions against the perpetrators of such actions, Iraq has ratified many of the main human rights treaties, including many treaties that have a positive impact on the situation of minorities, including the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination. Therefore, Iraq has respected international law in protecting the civil, social, economic, political and cultural rights of the Iraqi minorities.

With regard to providing statistics on gender and the employment of ethnic minorities, and the sectors in which they work, a gender unit has been established under the auspices of the legal department of the Human Rights Division, which is a component of the Ministry of Labour and Social Affairs. It ensures, inter alia, the integration of a gender perspective in employment and occupation and the achievement of social equity between men and women, thereby strengthening the principles of equal employment and guaranteeing sectoral statistics and providing data based on gender and an analysis of gender integration.

Taking into consideration gender perspectives within strategic planning and the Government’s work plans, you will also be provided with information about the number and nature of complaints, relating to discrimination based on religion, colour and origin, that have been presented to the courts and other competent authorities, such as the Supreme Iraqi Commission.

As for discriminatory stereotypes based on gender, colour or origin of workers that are still hindering men’s and women’s participation in education and in vocational training programmes, and their ability to obtain a wide range of work opportunities, leading to minimum wages for similar work, section 19(1) of the Labour Law provides for free legal advice and services for jobseekers, employers, employees and workers. Section 26(4) allows jobseekers to join training programmes free of charge.

Workers enjoy rights, as stipulated in section 42(1)(c) on equal opportunities and treatment in employment and occupation, without discrimination. In paragraph 42(1)(g), workers benefit from vocational training programmes. Equal wages between men and women for equal work is also stipulated in section 17. Under Law No. 38 on Rewards to the Trainers in Vocational Training Centres Affiliated to the Ministry of Labour and Social Affairs, of 2008, any trainer who joins the vocational training centres affiliated to the Ministry of Labour and Social Affairs would obtain a training award, equivalent to 10,000 Iraqi dinars for every day they spend training others.

The reason why Iraq was late in preparing the annual report on this Convention is due to the fact that the Ministry of Labour had to address several sectoral bodies to prepare an integrated response. It is also due to the conditions of the COVID-19 pandemic in Iraq, given that many of these institutions and departments are not fully functioning, which delayed the answers for the preparation of our national report. In this regard, we will make sure to deliver forthcoming annual reports on the date set by the Committee. We would be grateful to receive from the ILO awareness-raising campaigns on all aspects of discrimination.

Employer members – The case of Iraq concerns Convention No. 111, which is a fundamental Convention that has been ratified by 175 Member States. Together with the Equal Remuneration Convention, 1951 (No. 100), the Convention is an important instrument that protects the fundamental principle of “the elimination of discrimination in respect of employment and occupation”. By way of background, Iraq ratified Convention No. 111 in 1959. The Committee discussed this case once before in 1993 and provided three observations in the past – in 2002, 2018 and 2020 – and we are grateful for the written information provided by the Government this year and the presentation given just now by the Director-General of the Department of Labour and Vocational Training.

The main issue in this case concerns discrimination against and exclusion of minority groups from certain labour markets, including employment in the Government and the public sector. We understand that Iraq’s population is a complex one, comprising 75–80 per cent Arabs, 15–20 per cent Kurd, and a number of ethnic minorities including Turkmen, Shabak, Chaldeans, Assyrians, Armenians, Iraqis of African descent and Roma. That said, the concerns raised in relation to Iraq’s application of the Convention relate primarily to two groups. The Committee of Experts’ observations highlighted that people of African descent are disproportionately affected by poverty and social exclusion, and racial discrimination and marginalization. Similarly, Roma citizens who do not hold national identification face discrimination, including in access to employment.

The Committee of Experts noted that the Government has developed a draft diversity protection and anti-discrimination bill and a draft law on the protection of the rights of religious and ethnic minority groups in 2017. Regretfully, however, we lack information on progress made towards implementation of these measures or of the provisions established under the Coalition Provisional Authority Decree No. 7 issued in April 2003, regarding the Penal Code No. 111 of 1969 and the Iraqi Labour Law No. 37 of 2015 concerning discrimination.

The Committee of Experts noted that the Government has not responded to its request to provide information on any measures taken to address discrimination faced by ethnic and religious minorities in employment and occupation. We note that Labour Law No. 37/2015, which entered into force in February 2016, prohibits both direct and indirect discrimination in all matters relating to vocational training, recruitment, and terms and conditions of employment. It also promotes equality of opportunity and treatment in employment and occupation as well as prohibiting sexual harassment and harassment based on sex. We further noticed that the Labour Law provides for sanctions (imprisonment for a period not exceeding six months or a fine not exceeding 1 million Iraqi dinars) in cases of discrimination and sexual harassment. The Law is couched in unequivocal terms and it is reasonable to expect that its application would be commensurate. The lack of information is therefore concerning. The Employer members echo the Committee of Experts’ request for information on the application in practice of Labour Law No. 37/2015 and for details of any complaints of discrimination or sexual harassment filed with the Labour Court, or details of any other complaint mechanisms, as well as any sanctions imposed.

With respect to the obligation to promote equality of opportunity and treatment in employment and occupation, we acknowledge that the adoption of legal provisions prohibiting discrimination on the basis of a number of grounds in employment and occupation constitutes an important step in addressing the matter covered by the Convention. However, as alluded to earlier, it is important to see this Law in action. The Committee of Experts drew the Government’s attention to the fact that the formulation and implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising.

Concrete and specific measures are necessary to address discrimination effectively and promote equality and this is what we now seek. We urge the Government to take steps to promote equal opportunities and treatment in employment and occupation irrespective of race, colour, sex, religion, political opinion, social origin and national extraction, and any other prohibited grounds of discrimination.

Equal opportunities for men and women, including men and women belonging to ethnic or religious groups, in the labour market, in the public and private sectors, should feature prominently in this regard as well as evidence of specific steps taken to promote tolerance and coexistence among religious and ethnic groups and raise awareness of the existing labour legislation prohibiting discrimination.

To conclude, we are pleased to see that laws upholding the principles of the Convention have been passed. Now we desire to see results. We echo the Committee of Experts’ request to the Government to:

• provide up-to-date information on the progress made in the adoption of the draft diversity protection and anti-discrimination bill and the draft law on the protection of the rights of religious and ethnic minority groups;
• strengthen its efforts and adopt proactive measures to address discrimination against ethnic and religious minority groups;
• report on the impact of these measures on increasing these groups’ access to employment and occupation; and
• provide statistical information, disaggregated by sex, on the employment of ethnic minority groups and the sectors and occupations in which they are employed.

Furthermore, we would also request the Government to provide detailed information on the application of the Convention in law and in practice in the country according to the regular reporting cycle.

Worker members – For 30 years, Iraq has experienced a series of extremely painful events. Even though the country appears to be moving towards reconstruction, lessons must be drawn from the recent past in this context. One of the most important lessons to be learned is the way in which ethnic and religious differences have been exploited in episodes of violence and destabilization of the country. Hence there is a need to neutralize these sources of tension by implementing inclusive policies aimed at eradicating all forms of discrimination.

The report of the Committee of Experts dealing with observance of the Convention echoes elements cited by the United Nations Committee on the Elimination of Racial Discrimination (CERD). The latter has expressed a number of concerns regarding the persistence of structural racial discrimination, marginalization and stigmatization to which individuals of African descent are exposed. The CERD has also expressed concern at the situation of Roma citizens who do not have standardized national identity documents, which reportedly exposes them to discrimination, particularly in access to employment.

We are fully aware of the situation in the country. Violence and armed conflict have resulted in major population displacements. This has been compounded by political and social tensions which have certainly affected the Government’s capacity to address these issues. However, it should be clear that this does not release the public authorities from the need to tackle these problems as an integral part of the reconstruction process.

In this regard, we note with concern that the bills aimed at combating discrimination and protecting minorities have remained pending in Parliament for a number of years. However, beyond the legal provisions, specific actions and measures taken to combat discrimination effectively must be taken into consideration above all.

The lack of transparency regarding the number of complaints on these matters and the way in which they have been handled makes it impossible to measure their scale accurately. The same applies to the absence of precision relating to the measures taken by the Government to combat the forms of discrimination covered by the Convention. The Workers’ group will provide illustrations by referring to specific cases which provide some insight, albeit only partial, into this sorry state of affairs.

However, allow me to highlight the situation of women who, in Iraq as in other countries in the region, remain heavily under-represented in the world of work and suffer many forms of discrimination in access to employment. These obstacles are aggravated by a set of conditions and provisions which literally place them under guardianship. This situation calls, as a matter of urgency, for relevant, coordinated responses capable of facing major challenges. I would also like to draw attention to the treatment of women migrant workers and women workers of African origin, who are even more heavily impacted by discriminatory practices.

The reconstruction of the country depends on taking serious account of these aspects, since an inclusive society is the best guarantee against instability.

Worker member, Norway – I am speaking on behalf of the trade unions in the Nordic countries. Iraq is discussed due to discrimination in employment and occupation. In addition to discrimination based on colour and religion, which has already been mentioned, there is also discrimination of women.

Women continue to be discriminated against in access to employment and job security. Only 16 per cent of women participate in Iraq’s formal labour force. COVID-19 measures have added to the disproportionate amount of time that women already spend on unpaid domestic care work compared to men. Loss of sources of income, confinement within the household, and increased stress and anxiety are some of the key prevalent causes of the reported increase in gender-based violence.

The Labour Law limits women from working during certain hours of the day and does not allow them to work in jobs deemed hazardous or arduous. Women must obtain permission from a male relative or guardian before being granted a Civil Status Identification Card for access to employment. The law does not prohibit discrimination based on age, sexual orientation or gender identity. In addition, Iraq has still to enact a national anti-domestic violence law and amend article 398 of the Penal Code of 1969 which currently allows marital rape and gives impunity to men for sexual violence against women and girls if they marry the victim.

Women trade unionists also face greater harassment. As an example of this we can mention Taiba Saad, a member of the Social Services Syndicate, who was kidnapped from the city of Baghdad. She was subjected to torture during her detention, such as being stripped and severely beaten.

We urge the Government of Iraq to take its obligations in the ILO seriously, comply with the Convention and provide the information requested by the Committee of Experts urgently.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries, Montenegro and Albania, the EFTA country Norway, member of the European Economic Area, as well as the Republic of Moldova, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights. We actively promote universal ratification and implementation of the fundamental international labour standards. We support the ILO in its indispensable role to develop, promote and supervise the application of international labour standards and of fundamental Conventions in particular.

The prohibition of discrimination is one of the most important principles of international human rights law. In the European Union’s founding treaties, the prohibition of discrimination is a core principle. With respect to employment and occupation, Convention No. 111 is founded on the same principle.

The EU and its Member States are long-term partners of Iraq. In response to the many challenges Iraq is facing after years of conflict, in 2018, the EU has adopted a new strategy for Iraq to support the Government’s efforts towards stabilization, reconstruction, reconciliation and development. The EU and Iraq have also signed a comprehensive Partnership and Cooperation Agreement.

We note the Committee’s observations, the report of the United Nations Special Rapporteur on minority issues on a mission to Iraq in 2016 and the observations made by the United Nations Committee on the Elimination of Racial Discrimination in 2019. We welcome the written information provided by the Government of Iraq and the clarifications as regards provisions of the Penal Code No. 111 and the Iraqi Labour Law No. 37.

However, we call on the Government to provide information on the progress made in the adoption of the draft diversity protection and anti-discrimination bill and the draft law on the protection of the rights of religious and ethnic minority groups. We welcome Iraq’s efforts, despite the difficult situation prevailing in the country, to cooperate with the ILO and to improve labour standards, notably through ratification of further ILO Conventions, and through projects also supported by the EU and its Member States.

In this regard, we welcome the signature of the Decent Work Country Programme at the end of 2019, the ratification of the Safety and Health in Agriculture Convention, 2001 (No. 184), and the ongoing Iraqi efforts for ratifying the Labour Inspection Convention, 1947 (No. 81), all supported by EU programmes.

Following the Committee’s report, and bearing in mind the Committee’s general observation of 2018, we underline that it is necessary to adopt a comprehensive, coordinated and proactive approach to tackling the obstacles and barriers in employment and occupation due to race, colour, sex, religion, political opinion, national extraction or social origin, and to promote equality of opportunity and treatment for all.

We call on the Government to strengthen its efforts and continue to report on the measures taken to eliminate discrimination against persons belonging to ethnic and religious minorities. We underline the importance of evidence-based policymaking and call upon the Government to provide gender and ethnic disaggregated data, substantiating the impact these measures have in terms of increased access of these groups to employment and occupation and a reduction in the number and the gravity of complaints.

In connection to discrimination, we take this opportunity to also call on the Government to take steps towards eliminating child labour.

The EU and its Member States remain committed to our close cooperation and partnership with Iraq and look forward to continuing joint efforts with the Government and the ILO, including in the elimination of discrimination in employment and occupation so as to improve labour standards for all in Iraq.

Interpretation from Arabic: Worker member, Bahrain – I would like to echo what the Worker members said and add a few points. Firstly, it is very important to strike a balance between different types of responsibilities and protecting workers rights, be they nationals or migrants. Secondly, the kafala system constrains the rights of migrant workers and we need to improve the situation in this regard. Thirdly, it is very important to make social justice for all workers in Iraq, and equality between them, a reality so that decent jobs are a reality for all in spite of divisions of various types. For instance, the unemployment rate in the south of Iraq, and particularly in the area of Basra, is at 20 per cent, despite the fact that that is one of the richest areas in the country and has significant natural resources such as oil and gas.

Due to the lack of transparency, residents cannot benefit from essential services to a sufficient extent, such as education, healthcare and social protection. Iraq is also being targeted by terrorist groups, which has led to the exile of thousands of Iraqi families who have come to be a burden for the Iraqi State, and they have lost their jobs in many cases.

We would also like to stress the need to engage in social dialogue among the workers so that social protection and sustainable development can be bolstered.

In conclusion, we need to respect the standards of the ILO and apply Conventions, specifically Convention No. 111. The country should have recourse to ILO technical assistance on how to prevent discrimination.

Interpretation from Arabic: Government member, Algeria – Algeria takes note of the information provided by Iraq on the implementation of the Convention. The Iraqi Constitution provides strong protection against all forms of discrimination and guarantees equal rights for Iraqi citizens. Furthermore, Iraq is committed to respecting international law and protecting the civil, social, economic, political and cultural rights of minorities in accordance with the treaties and conventions ratified by Iraq. Algeria also notes the information that the 2015 Labour Law guarantees the rights and freedoms established in the Constitution and encourages it to continue to implement prevention, inspection and training measures to achieve the objectives of decent work.

Finally, Algeria considers that, given the difficult situation in Iraq, technical assistance provided by the ILO would be conducive to achieving the expected progress in the implementation of the Convention.

Worker member, Spain – In addition to what has been said by other Worker representatives, I would like to reiterate that the lack of a more extensive legal framework against domestic violence and sexual harassment in the workplace is conducive to a climate of impunity as regards physical abuse and growing harassment and discrimination against women both inside and outside work.

Efforts in Parliament to adopt a bill against domestic violence have stalled. The Iraqi Penal Code, which is applicable in both the territory controlled by Baghdad and in the Kurdistan region of Iraq, criminalizes physical assault but does not refer explicitly to domestic violence.

Women also suffer more attacks for their political opinions and trade union activism, as demonstrated by the number of cases of abuse and abduction of women and trade unionists who took part in the October Revolution. At least eight women were murdered during the Revolution for demanding social justice, employment and fairer wages. Women trade unionists face persecution in the workplace: a woman member of the executive office of the General Federation of Iraqi Trade Unions (GFITU) and chairperson of the Department of International Relations complained of harassment and persecution at work. A smear campaign was launched against her and her family. In 2005, her husband was killed on account of his trade union activities and since then she has been obliged to abandon her home and go into hiding because of the threats against her. She remains in hiding today.

Another woman, the president of the GFITU, whose organization had been officially registered in 2019, was accused of identity fraud, after the trade union branch supported by the Government filed several complaints against her trade union. She was released provisionally on bail of 5 million dinars (about €2,823) and faces daily harassment at her place of work.

The Government of Iraq should request ILO technical assistance to put an end to systematic discrimination against women in Iraq.

Government member, Bolivarian Republic of Venezuela – The Government of the Bolivarian Republic of Venezuela welcomes the presentation by the distinguished delegation of the Government of Iraq, regarding the implementation of the Convention. We have duly noted that the Government of Iraq has a Constitution and comprehensive legislation prohibiting discrimination and broadly providing for equal rights in all circumstances.

In particular, we appreciate that the Iraqi Labour Law enshrines the express prohibition of any labour discrimination, in order to achieve sustainable development based on social justice and equality. Decent work is guaranteed without discrimination, with a view to building the national economy and achieving full observance of human rights and fundamental freedoms. Furthermore, in an effort to prevent discrimination and ensure equal opportunities for all, the Iraqi worker is entitled to appeal to the Labour Court in the event that they are subjected to discrimination in employment. In short, we appreciate that Iraq deals with any kind of discrimination and addresses the concerns of the Committee of Experts.

Finally, the Government of the Bolivarian Republic of Venezuela hopes that the conclusions of the Committee will be objective and balanced, with the aim that the Government of Iraq will continue to make progress in its compliance with the Convention.

Interpretation from Arabic: Government member, Lebanon – We have taken note of the observations made by the Iraqi Government in its detailed response concerning the application of the provisions of the Convention. We would like to congratulate the Government for its efforts and for having taken legislative measures, as well as undertaking reforms. It has also taken a number of positive practical steps. We encourage the Iraqi Government to further implement the necessary measures to combat discrimination, particularly discrimination against women. We also urge it to pursue social dialogue and to further consult with trade unions on amendment processes to ensure that national legislation is in line with international labour conventions. We also call upon the ILO to engage in further cooperation with the Government and to provide technical assistance so that more progress can be made in this regard.

Interpretation from Arabic: Observer, International Trade Union Confederation (ITUC) – Our Confederation would like to stress how important it is to apply what is stipulated in Iraqi national legislation, particularly laws on the fight against discrimination as well as the international conventions that Iraq has ratified on human rights, including a number of agreements that have a direct impact on the situation of minorities, including the International Convention on Civil and Political Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination.

Iraq has committed to respecting civil, economic, social, political and cultural rights of minorities in Iraq. Among activists, many women fall victim to discrimination and have come under pressure to stop their activism. A number of complaints have been lodged against them with the judiciary to stop them from undertaking those activities and they have become victims of discrimination at work. A number of domestic workers, also women, have been the victim of harassment and persecution and sometimes in the form of sexual harassment and human trafficking. These reports have been lodged with the police authorities in Iraq.

There is also discrimination in relation to economic, social and cultural rights, particularly by some institutions. In the light of this, we need to ensure that the social partners can all work together to improve the labour system, take into account international labour conventions and the fight against all forms of harassment at work. This would be a positive step and would mean that trade union freedoms and affiliation could be guaranteed without interference in trade union activity. That would be a forward step in the fight against discrimination. We should also ensure freedom to join trade union organizations and the Government should make all efforts to fight discrimination while providing the necessary legal and psychological support to victims of discrimination. Statistical data about infringements should also be provided and awareness-raising campaigns should be carried out.

In conclusion, we thank the Committee for its interest in the workers in our countries and its efforts.

Interpretation from Arabic: Government member, Egypt – We have taken note of the measures and efforts made by the Iraqi Government to bring its national legislation into line with the Convention. This confirms the Government’s respect for international labour standards. Indeed, the Iraqi Constitution provides significant protection against discrimination, as well as treatment on an equal footing for all Iraqi citizens. Furthermore, Iraq has ratified a number of agreements that have a direct impact on minority rights. It has committed to respecting international law.

The Iraqi State has promulgated a number of laws that protect Iraqis’ interests. Among them, Labour Law No. 37 of 2015, which seeks to ensure that sustainable development can be achieved on a basis of social justice and equality, to provide decent work for all without discrimination to build a national economy, and to ensure that fundamental freedoms and human rights can be enjoyed.

Similarly, Iraq has adopted texts on promoting equality at work in law and in practice. We applaud the efforts made by the Government to ensure the application of the Convention, and we hope that, in its conclusions, the Committee will take into account the efforts made and the measures taken by the Iraqi Government.

Interpretation from Arabic: Government representative – We have taken note of the comments and observations made by the Committee of Experts and the Government, and the Employer and Worker representatives of this Committee. Iraq would like to reaffirm its commitment to all international labour standards and labour rights. We are one of the Arab States that has ratified the largest number of ILO Conventions.

We are committed and we very much respect the need to apply labour Conventions, including during the COVID-19 pandemic. We have ratified some significant Conventions, including Convention No. 184 of 2001 and Convention No. 185 of 2003, as amended. We reiterate the esteem in which we hold this Organization and would call on it to provide further technical assistance to help us to fight discrimination and sexual harassment. We are sorry that we were unable to provide all data by the deadline due to the preventive health-related measures that are currently in place in the country.

A number of laws are in place in Iraq on domestic violence, discrimination and other matters and these are currently being promulgated in Iraq in some cases.

Worker members – The various contributions have highlighted the breadth of the concerns raised in this discussion.

For the Workers’ group, it is essential that the bills on anti-discrimination and the protection of minorities are passed swiftly. To this end, we invite the Government to avail itself of the ILO’s technical assistance. The implementation of the Convention should also be integrated into the Decent Work Agenda to be negotiated shortly.

In this respect, special attention must be paid to the situation of women, including female migrant workers. Given that some of the barriers regarding the situation of women also stem from the provisions on the civil status of persons, it is therefore crucial that these aspects are also examined and amended.

Employer members – We thank again the Government for its engagement in this case and also to all those delegates who contributed to this discussion.

It is actually evident that we have a situation in which the legislation that has been put in place is good, but we lack the information to be confident that it has been enacted.

In light of today’s discussion, we echo the Committee of Experts’ requests: to provide up-to-date information on the progress made in the adoption of the draft diversity protection and anti-discrimination bill and the draft law on the protection of the rights of religious and ethnic minority groups; to strengthen its efforts and adopt proactive measures to address discrimination against ethnic and religious minority groups; to report on the impact of these measures on increasing these groups’ access to employment and occupation; to provide statistical information, disaggregated by sex, on the employment of ethnic minority groups and the sectors and occupations in which they are employed; and to provide detailed information on the application of Convention No. 111 in law and in practice in the country according to the regular reporting cycle.

All of these elements are really important, the law is important, the practice is important; at the moment we are seeing the law, we have not yet seen much evidence of the practice and we urge the Government to provide evidence of this.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

Bearing in mind the process of transition and reconstruction engaged in the country, the Committee urges the Government of Iraq to:

• take the necessary measures to ensure the adoption without delay of the draft diversity protection and anti-discrimination bill and a draft bill on the protection of the rights of religious and ethnic minorities.

In addition, the Committee calls upon the Government to:

• implement Convention No. 111, in particular in the framework of the Decent Work Programme of the ILO. In this respect, a particular attention must be paid to the situation of women, including migrant women workers; and
• taking into account the legal obstacles faced by women in the country, including concerning their civil status, it is of paramount importance to review and adapt the relevant provisions.

The Committee requests the Government to avail itself of technical assistance to effectively implement these conclusions. The Committee also requests the Government to provide a detailed report to the Committee of Experts, at its next sitting in October–November 2021.