Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Protection of Wages Convention, 1949 (No. 95) - Iraq (Ratification: 1960)

1. The Committee notes that the Governing Body adopted at its 250th Session (May-June 1991) the report of the Committee set up for the examination of the representation made by the Federation of Egyptian Trade Unions under article 24 of the ILO Constitution, alleging non-observance by Iraq of a certain number of Conventions, including Convention No. 95.

The Governing Body invited the Government to take all appropriate measures so that the parties may determine the number of workers involved and the amounts owed to them, to take measures necessary for the effective payment of the amounts owed to the Egyptian workers thus determined within the shortest possible period and to communicate information on the measures taken or envisaged in the report under article 22 of the Constitution.

The Committee also notes that in this connection the Federation of Egyptian Trade Unions communicated in a letter dated 13 August 1991 information gathered so far by the Government of Egypt concerning the number of Egyptian workers with assets in Iraqi banks and savings banks (which stands at 220,886), and the total amount of such assets (495,274,700 US dollars), including the amount of transfer ordered but frozen on 16 June 1991. A copy of this letter was transmitted to the Government of Iraq for comments.

In response to the recommendations of the Governing Body and to the above-mentioned communication by the Federation of Egyptian Trade Unions, the Government of Iraq supplied information as follows in letters dated 30 September and 16 November 1991, respectively:

The Government indicates that the amounts due to the Egyptian workers were paid in Iraqi dinars, except for the portion due in foreign currencies which it was impossible to pay because of the attack against Iraq and the embargo imposed, which prevents its oil export and causes the freeze of its assets in foreign banks. It again states its readiness to pay the amounts due in foreign currencies in the form of oil or any other goods agreed by the two countries. The Government also states that the transfer of the savings by Egyptian workers amounting to more than 160 million US dollars was authorised in the first half of 1990. It further declares its concern about protecting the rights and the amounts due to the Egyptian workers, and commits itself to pay the amounts due after the disappearance of the causes and circumstances mentioned above. Regarding the above information, the Government refers to a statement made by a responsible authority in the Ministry of Labour and Social Affairs and published in the journal Al Thawra of 21 August 1991.

Besides, the Government indicates that a deposit in the Bank of New York of an amount of 22 million US dollars, in the name of the Bank Al Rafidine of Cairo, was frozen, but that the Egyptian Central Bank, after having contacted with the American authorities, succeeded in unblocking the amount so as to pay certain amounts due to the Egyptian workers.

The Committee takes due note of the above information. It notes that the transfer of 160 million US dollars authorised in the first half of 1990 precedes the date (June 1991) regarding which the Federation of Egyptian Trade Unions communicated the information noted above. It requests the Government to specify whether the amount of 22 million US dollars unblocked constitutes a part of the amount of assets belonging to Egyptian workers to which the Federation of Egyptian Trade Unions refers.

The Committee requests the Government to continue supplying information on any measures taken or envisaged with the view of further determining the number of workers involved and the amounts owed to them and of the effective payment of such amounts.

2. The Committee recalls that it requested in its observation of 1990, i.e. prior to the above-mentioned representation, the Government to supply information on certain points regarding the payment of wages to foreign workers, especially those from the Philippines. It has also noted the discussions concerning the application of this Convention in Iraq and in the Philippines at the Conference Committee in June 1990, and the information supplied by the two Governments in their reports.

The Government of Iraq refers in its report for the period ending June 1990, to the provisions of Part IV of the Labour Code (Act No. 71 of 1987), concerning the protection and the payment of wages, states that the transfer of a part of wages of non-Iraqi workers is done in accordance with the instructions of competent services on the transfer to foreign countries, and indicates that, concerning the negotiation that took place in July 1990 between the Governments of Iraq and of the Philippines, it was agreed to continue applying the bilateral Manpower Agreement of 1982. An Iraqi Government representative indicated at the Conference Committee, in this regard, that his Government had agreements with other countries such as Bangladesh, Tunisia and Morocco. The Government of the Philippines provides in its report on Convention No. 95 more detailed information on the meeting in July 1990, including the discussion on arrangements on wages and remittances of Filipino workers, and indicates that subsequent meetings did not materialise as a result of Iraq's invasion of Kuwait.

The Committee takes due note of the above information. It notes that section 7 of the Labour Code prescribes the treatment of Arab workers on an equal footing with Iraqi workers in regard to the rights and duties set forth in the Code, and that the above Agreement between Iraq and the Philippines stipulates in paragraph 8 that workers (from the sending country) should enjoy the rights, duties and privileges accorded the national workers of the receiving country. Recalling that the Convention applies to all persons to whom wages are paid or payable (Article 2(1)), the Committee requests the Government to indicate what measures have been taken or envisaged concerning the protection of wages of non-Arab foreign workers except for the Filipinos, including the texts of existing agreements and/or any agreements under consideration. Please also supply further information on the regulations and procedures for the remittance of a part or all of the wages to the country of origin of the foreign workers.

The Committee further notes that the above bilateral Agreement will continue to be in force until 1992, according to the agreed minutes of the meeting of July 1990 supplied by the Philippine Government. It requests the Government of Iraq to continue supplying information on any further negotiation or agreements in this regard, as well as on any practical difficulties in the application of the Convention in relation to the protection of wages of the Filipino workers employed in Iraq.

[The Government is asked to supply full particulars to the Conference at its 79th Session and to report in detail for the period ending 30 June 1992.]