Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the information provided by the Government in its report received in the ILO in March 1993, as well as the discussion which took place in the Conference Committee in 1992.

Prison work. 1. In earlier comments, the Committee noted that Law No. 104 of 1981 on the State Organization 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 notes the Government's renewed statement in its report and to the Conference Committee, that neither section 87 of the Penal Code nor Law No. 104 of 1981 provide for forced labour on the part of prisoners. Work performed by prisoners is not compulsory; it is executed in conformity with section 18 of Law No. 104 which provides that each resident has the right to work in conformity with his capacities and qualifications, in order to get vocational training; work is governed by the provisions of the Labour Code and, in practice, it is not even possible to satisfy all the demands for work.

The Committee notes that the Government, while restating its position that legislative provisions and practice confirm the non-existence of any form of forced labour in the social reform section (prison), indicates in its report that the necessary measures to modify section 19 of Law No. 104 of 1981 are being taken with a view to eliminating any doubt and to provide clearly that work of persons sentenced to prison is optional and depends on their will and free choice.

Referring 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, the Committee 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.

The Committee requests the Government to provide a copy of the law as amended.

2. Article 1(c) and (d). 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 also 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.

Referring to the June 1991 report of the Governing Body Committee, the Committee noted the severe limitations imposed on resignation of officials under the Revolutionary Council Resolutions No. 521 of 7 May 1983 and No. 700 of 13 May 1980; it also noted that 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 with interest that Resolutions Nos. 521 of 7 May 1983 and 200 of 12 February 1984 were repealed by Orders Nos. 170 and 171 of 5 June 1991.

The Committee hopes that the Government will indicate measures taken or envisaged as regards the provisions of Resolutions No. 700 of 13 May and No. 552 of 28 June 1986.

3. Article 1(d). 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 seemed to be the only right to strike allowed. It asked the Government to indicate the sanctions applicable to workers on strike despite the final judgement under, i.e. in any case other than one falling under section 136.

The Committee takes note of the Government's statement in its report that no other provisions exist concerning sanctions applied to workers on strike.

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 activities 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 in this respect, 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 notes the Government's indication in its report that the necessary measures have been taken to amend sections 197(4) and 364 of the Penal Code (to which the Committee refers under point 2). The Committee requests the Government to provide copies of the provisions adopted to this effect. It hopes that the Government will also indicate the measures taken or envisaged in relation to section 216.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.