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

Abolition of Forced Labour Convention, 1957 (No. 105) - Iraq (Ratification: 1959)

The Committee notes the Government's report, and other documentation sent by it, as well as the discussions in the Conference Committee in 1991 and the Governing Body Committee's June 1991 report on the representation under article 24 of the Constitution relating in particular to Conventions Nos. 29 and 105.

Prison work. 1. In earlier comments, the Committee noted that Law No. 104 of 1981 on the State Organisation for Social Reform governing prison work does not distinguish political from other prisoners. Similarly, the definition of imprisonment in section 87 of the Penal Code provides for compulsory work as laid down in the Penal Institutions Law. The Committee now notes the Government representative's statement in the Conference Committee that the prison work contemplated by Law No. 104 of 1981 is voluntary and governed by the Labour Code: it is said to be a corrective exercise aimed at social rehabilitation, and penal institutions' programmes are said to have changed completely from the time when forced labour was considered part and parcel of the sentence. The Committee also notes similar statements in the report, repeating largely what was said before.

The Committee notes that the obligation to work is laid down in Law No. 104 and the Penal Code as an essential corollary of the prison sentence. It refers to the explanations in paragraphs 102 to 109 of the 1979 General Survey on the Abolition of Forced Labour and the explicit terms of the Convention and recalls that penal sanctions involving the obligation to work are covered by the Convention in cases of punishment for the expression of political opinions or ideological opposition to the political, social or economic system or for breach of labour discipline or participation in strikes.

Article 1(c) and (d). 2. In previous comments, the Committee referred to section 364 of the Penal Code, which provides for imprisonment with an obligation to work in cases where officials or persons with public functions leave their work even after resignation or do not carry out their work when this might endanger the life, health or safety of the population or cause riots or unrest or paralyse a public service. It noted that under Resolution No. 150 of 1987 of the Revolutionary Command Council (RCC) all workers in State service and the socialist sector are public officials.

The Committee refers to the June 1991 report of the Governing Body Committee and notes that under RCC Resolution No. 521 of 7 May 1983 the resignation of Iraqi officials in the State services or the socialist sector or mixed sector may not be accepted in the first ten years of service and is subject to the reimbursement of all training costs before or after the appointment. Officials resigning without the agreement of their department also lose their rights arising from previous service, under Resolution No. 700 of 13 May 1980. Only women may have their resignation accepted unconditionally under Resolution No. 703 of 5 September 1987. Also, under Resolution No. 200 of 12 February 1984 any official or worker in State services or the socialist sector who after written notice does not resume work or exceeds leave by more than three days without a reasonable excuse is subject to imprisonment of from six months to ten years. And under Resolution No. 552 of 28 June 1986 the same applies to all officials or graduates centrally placed who do not accept their posting.

The Committee notes that the Conference Committee noted with regret that sanctions involving compulsory labour are still imposed for breach of labour discipline and participation in strikes. It refers to the explanations in paragraphs 67 and 68 of the 1979 General Survey and observes that provisions preventing workers from leaving their jobs with reasonable notice are also contrary to Convention No. 29, which provides for the abolition of forced or compulsory work.

The Committee notes that the Governing Body Committee concluded in its recommendations that:

(i) the Government should take the necessary measures to repeal, in so far as they are still in force, the provisions of the Penal Code and the Revolutionary Command Council Resolutions which prevent workers from terminating their employment by giving notice of reasonable length and which provide for penalties involving compulsory labour as a means of labour discipline;

(ii) pending the repeal of these provisions, the Government should take the necessary measures to enable all workers wishing to terminate their employment relationship, in particular the Egyptian workers wishing to return to their country, to leave their jobs by giving notice of reasonable length and without being liable to sanctions or deprivation of rights accrued from previous service;

(iii) the Government should communicate, in its reports to be transmitted under article 22 of the Constitution on the application of the present Convention, information on the measures taken or envisaged to give effect to these recommendations in order to enable the supervisory bodies of the ILO to continue the examination of the questions dealt with in this report.

The Committee notes that neither the Government's report on the present Convention nor that on Convention No. 29 contains the information requested. It therefore reiterates the request and asks the Government to supply a full report on the matters mentioned above.

Article 1(d). 3. In earlier comments, the Committee noted that under section 132 of the Labour Code (Act No. 71 of 1987) unresolved labour disputes are referred to the Labour Dispute Chamber of the Court of Cassation, whose judgement is final under section 133. Section 136(I) lays down the workers' right to stop work if the employer refuses to observe the Court's decision and sanctions are imposed on the employer. The Committee noted that this seems to be the only right to strike allowed. It again asks the Government to indicate the sanctions applicable to workers on strike contrary to a section 133 final judgement, viz. in any case other than one falling under section 136.

4. In previous comments, the Committee referred to sections 197(4) and 216 of the Penal Code, under which imprisonment with a work obligation for a fixed term or for life may be imposed in cases where activites 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 Penal Code provisions sanctions involving compulsory prison work were applicable to work stoppages in a large range of activities and industrial installations. It asked the Government to indicate the steps taken or proposed to ensure the application of the Convention on this, for example by restricting the application of those provisions to officials whose functions include the exercise of public authority and employees in essential services interruption of which would endanger the life, personal safety or health of the whole or part of the population.

The Committee again expresses the hope that the Government will re-examine sections 197(1) and (4) and 216 together with section 87 of the Penal Code and will indicate the measures taken or proposed to ensure the Convention is applied.

5. The Committee notes the Government representative's statements in the Conference Committee, that the Government was revising all legislation enacted in exceptional circumstances or approved since 1980 and some from earlier periods. He gave assurances that the amendments would also deal with Penal Code provisions and said that several recent laws and regulations had been enacted, including rules on the state of exception. The Committee hopes the Government will send copies. It hopes the Government will indicate how far the revision exercise has advanced and send any relevant enactments.

The Committee is addressing a request directly to the Government on several other points under Article 1(a), (c) and (d) of the Convention.

[The Government is requested to supply full details to the 79th Session of the Conference and to communicate a report for the period ending 30 June 1992.]