Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Minimum Age Convention, 1973 (No. 138) - Iraq (Ratification: 1985)

1. Application of the Convention to family undertakings. The Committee noted in its previous comments that, under section 96 of the Labour Code, the provisions of the Code establishing protection do not apply to young persons employed in a family undertaking under the authority and supervision of the husband, father, mother or brother, and asked the Government to indicate the measures taken or envisaged to extend the provisions giving effect to the Convention to the undertakings referred to in section 96. In this connection, the Committee notes the Government's statements in its report that the Government has taken the necessary measures to repeal section 96 of the Labour Act in order to bring national legislation into conformity with the Convention. It asks the Government to supply the text of the amendment as soon as it is promulgated as stated in the report.

2. Application of the Convention to work or employment performed outside an employment relationship. In its previous comments, the Committee also noted that, under section 8 of the Labour Code, the provisions of the Code concerning the protection of young persons do not apply to work done by young persons outside an employment relationship or on their own account. Since the Convention, under Article 2, paragraph 1, applies to all types of work or employment (including work performed by children and young people outside an employment relationship), and in the absence of reply on this point, it again asks the Government to indicate the measures taken or envisaged to extend the protection laid down in the Code to young persons engaged in work on their own account or outside an employment relationship.

3. The Committee also noted the Government's earlier reference to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at age 7 which, according to the Government, in practice implies that the age of admission to work is 14. The Committee recalls that Iraq specified the minimum age of 15 years under Article 2, paragraph 1, at the moment of ratification of this Convention. It points out that the Government could use Article 7 of the Convention, which authorizes the employment of children between 13 and 15 years of age in light work which is not likely to be harmful to their health or development or to prejudice their attendance at school or their training. In this context, the competent authority must not only determine the activities in which employment or work may be permitted but also prescribe the number of hours and the conditions of such employment. The Committee further notes that the Government noted in its report to the United Nations Committee on the Rights of the Child (CRC/C/15/Add.94, paragraph 198) that large numbers of children have dropped out from schools, and that students engage in odd-jobs in order to help their parent or guardians to meet the cost of living. The Committee once again asks the Government to supply information on the measures taken or envisaged to prohibit employment or work of children under 15 years of age and to restrict the exceptions to the cases and conditions laid down in the Convention.

The Committee also asks the Government to supply information on the practical application of the Convention, including any statistics on the employment of children, the inspections made and the contraventions reported (Part V of the report form).