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

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

The Committee notes the information supplied by the Government in its report. In its previous comments the Committee referred to certain legislative provisions in relation to the application of Article 1(a) of the Convention:

- section 43 of Act No. 1 of 1960 respecting societies, noted in conjunction with section 23 (suspension of societies' activity for 30 days), and section 26(b) (dissolution of societies whose aims are contrary to the Republican regime or the requirements of the regime, etc.);

- section 16 of Law No. 206, which provides for a penalty of imprisonment (involving compulsory labour) for publication in the press of prohibited matter (e.g. matter which is injurious to the authorities, the propagation of certain ideas);

- restrictions imposed by the legislation on the freedom of expression. In particular, in the event of insults against the authorities, severe penalties are prescribed under Decision No. 840 of 4 November 1986 amending section 225 of the Penal Code;

- sections 1 to 4 of Act No. 7 of 1958 concerning punishment of those who plot against the security of the State (directing the country's policy against the national interest, issuing laws for the benefit of a certain number of persons against the common welfare, influencing morale by circulating alarming rumours, etc.).

The Committee pointed out that, to the extent that the above-mentioned provisions allow the imposition of penalties involving compulsory labour for expressing political views or views which are ideologically opposed to the established political, social or economic order, they are covered by the Convention.

The Committee notes the Government's indication in its report that provisions are under consideration for the adoption of new laws on societies and press. The Committee asks the Government to provide copies of the new laws when adopted. It also requests the Government to provide information on the practical application of the above-mentioned provisions as well as on measures taken or envisaged to ensure the observance of the Convention.

In its previous direct requests the Committee asked the Government to provide information on the practical application of the following provisions, and on any measures to ensure observance of the Convention:

(a) section 157(i) (joining association hostile to Iraqi Republic, even though such a body may not consist of belligerents);

(b) section 200 (arguing the overthrow of the existing system of government in Iraq, or exposing it to hatred or ridicule, or giving encouragement to anything which might stir up sectoral or religious strife);

(c) section 201 (making of propaganda for Zionism or adhering to any Zionist organization or assisting it morally or materially, or working in any capacity to obtain its ends);

(d) section 202 (treating with contempt in public the Iraqi nation or people or any group of inhabitants of Iraq);

(e) section 205 (setting up, managing or performing a leading part in a secret association as defined in that section);

(f) section 206 (setting up, founding, managing, directing or joining an organization of an international character without permission from the responsible authorities);

(g) section 208 (concerning acquisition or possession of certain written matter or records or means of printing or recording same, containing incitement to or propaganda for any of the things mentioned in sections 200 (promoting political change or overthrow of government through use of violence, terrorism or other illegal means), 201 (promoting Zionism) and 202 (treating Iraq, its people, or any group of its inhabitants with contempt or contumely), of the Penal Code);

(h) section 210 (deliberately broadcasting false or misleading news, statements or rumours likely to cause alarm or despondency, disturb the peace, or damage national interest);

(i) section 211 (availing oneself of any means of publicity to publish false news or forged or fraudulent documents or news or documents falsely ascribed to other persons, if the aim is to disturb the peace or damage national interest);

(j) section 213 (using any means of publicity to preach disobedience to the law or desirability of an act deemed to be an offence);

(k) section 214 (raising a cry or singing a song likely to cause civil strife);

(l) section 215 (possessing or procuring or issuing or holding with a view to trading or distributing or offering pictures, drawings or written material likely to disturb public security or impair the prestige or standing of the country, with a view to giving a false or distorted impression of events);

(m) section 221 (convening, controlling the movements of, or taking part in a gathering in a public place, knowing that such gathering had been forbidden by the authorities);

(n) section 222(i) and (iii) (convening or participating in a gathering to influence the authorities in their duties, inter alia);

(o) section 225 (using means of publicity to belittle the President of the Republic or person replacing him);

(p) section 226 (using means of publicity to belittle Parliament, the Government, the courts, the armed forces, or any other constituted body or the authorities or government departments and agencies);

(q) section 227 (using means of publicity to belittle a foreign State or international organization with offices in Iraq).

For some of these provisions, the Committee expressly asked for detailed information on the laws, judicial decisions, regulations and orders governing this matter (sections 205, 206, 221).

The Committee hopes that the Government will provide detailed information as requested.