Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

With reference to its previous comments, the Committee notes the discussion which took place at the Conference Committee in June 1992, and the information supplied by the Government in its report.

1. In its previous comments, the Committee noted 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. It also noted that 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 (220,886 workers), and the total amount of such assets (US$495,274,700). The Committee therefore requested the Government to supply information on any measures taken or envisaged with the view of determining the number of workers involved and the amounts owed to them and of the effective payment of such amounts.

The Government's explanation provided to the Conference Committee and in the report is that the workers who left Iraq prior to the embargo had received wages that were owed to them including the percentage which should have been transferred in foreign currency within the appropriate deadlines. It also indicates that the workers who left Iraq since the imposition of the embargo, which resulted in the freezing of Iraqi assets in foreign banks, received their wages in conformity with the law, with the exception of the percentage to be transferred in foreign currency.

The Committee notes these indications. It also notes that the detailed information, which a Government representative at the Conference Committee stated would be sent, concerning the number of Egyptian workers affected and the amounts owing has not been received. The Committee again requests the Government to take all appropriate measures to ascertain the number of workers involved and the amounts owed to them, to take measures necessary for the effective payment of the amounts thus determined, and to communicate information on the measures taken or envisaged.

2. The Committee recalls that it requested in its earlier observation 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 section 7 of the Labour Code which 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 an Agreement between Iraq and the Philippines stipulating the reciprocal equal treatment of migrant workers and nationals. The Committee thus requested the Government for information concerning the protection of wages of non-Arab foreign workers but not for the Filipinos, including the texts of relevant agreements, as well as 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.

A Government representative indicated at the Conference Committee that the bilateral agreement with the Philippines had been renewed, that it included provisions contained in Convention No. 95, and that transfer of funds of migrant workers to foreign countries had been made in compliance with the appropriate directions.

The Committee notes these indications. It notes that the Government's report refers in general terms to the embargo as the reason of the difficulties but does not contain any further details. The Committee again requests the Government to indicate what measures have been taken or envisaged concerning the protection of wages of non-Arab foreign workers. It also asks the Government to communicate copies of existing bilateral agreements concerning the payment of wages to foreign workers, including, in particular, the above-mentioned Agreement with the Philippines, as well as a copy of the directions regulating the remittance of migrant workers' wages to the foreign countries.