Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. Prison labour. In its earlier comments, the Committee has noted that section 87 of the Penal Code requires convicted persons "to perform the work prescribed by law in penal institutions". It has also noted that Act No. 104 of 1981 on State Organization for Social Reform, which governs work for prisoners, does not distinguish between political and other prisoners. The Government has reiterated in its last report that prisoners are allowed to work, but are not obliged to do so, and that in fact there is not enough work for all the prisoners who desire to work. The Government has also provided information on conditions of work, as laid down in section 20 of the same Act (as amended by Act No. 8 of 1986), which it indicates approach those of work outside prisons. The Government has not referred again to its earlier expressed intention to amend the Penal Code to remove any lingering doubts in this respect.

2. The Committee notes the information provided by the Government, and requests it to indicate what measures it contemplates to bring the legislation into line with its indications of the practice followed. The Committee also requests the Government to provide an updated copy of the legislation in force in this area.

3. Article 1(c) and (d). The Committee noted in its previous comments that, under sections 197(i) and (iv) of the Penal Code, imprisonment (with an obligation to work) may be imposed when activities are stopped or gravely hampered in government departments and offices, public utilities and organizations and associations considered to be in the public interest, or in industrial installations, including oil installations, electric power stations, water installations and means of communication. The Government has indicated in earlier reports that state officials have no right to strike, and that section 197(iv) was applied without qualification and made no distinction between essential and non-essential services; the threat of imprisonment for disruption of work was intended to induce continuation of work. The Committee also referred to section 364 of the Penal Code, which prescribed 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 causes riots or unrest, or a stoppage in public utilities. 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. Finally, the Committee noted severe restrictions on the resignation of public officials under RCC resolution No. 700 of 13 May 1980.

4. The Committee again takes note of these severe restrictions on the right of public officials to strike, or to leave their posts, under threat of imprisonment involving compulsory labour. It recalls that it has stated in paragraphs 122 to 132 of the 1979 General Survey on the abolition of forced labour that restrictions on the right of public servants to strike can be imposed but that they are compatible with the Convention only if the interruption of the services concerned would endanger the existence or well-being of the whole or part of the population.

5. The Committee recalls that, in its 1993 report, the Government indicated that measures had been taken to amend sections 197(iv) and 364 of the Penal Code. It requests the Government to provide detailed information on the legislation now in force in this regard, and on its application in practice. It also requests it to repeal or modify any legislation which remains contrary to the requirements of the present Convention.