Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Iraq (Ratification: 1962)

The Committee notes the Government’s report.

The Committee notes the information supplied by the International Confederation of Free Trade Unions (ICFTU) dated 18 September 2002, concerning the application of the Convention. The Committee requests that the Government transmit its observations in this regard so that it may examine these points at its next meeting.

Articles 1 and 4 of the Convention. The Committee had observed that the Labour Code (No. 71 of 1987) and Act No. 52 of 1987 regarding trade union organizations contain no provisions on the application of Articles 1 and 4 of the Convention. It notes that, in its latest report, the Government states that measures have been adopted with a view to amending the Labour Code in conformity with Article 1 and that, with reference to Article 4, a new chapter on collective agreements has been introduced in the Labour Code. The Government adds that it will send the relevant texts as soon as they are adopted by the legislature. The Committee expresses the hope that the amendments will be adopted as soon as possible and that they will take into account its comments, so as to introduce into the legislation provisions guaranteeing the protection of workers against all acts of anti-union discrimination, enforceable by sufficiently effective and dissuasive sanctions, and to encourage and promote the full development and utilization of machinery for the voluntary negotiation of collective agreements in the private, mixed and cooperative sectors. The Committee requests the Government to provide the texts mentioned in its report as soon as possible for examination at its next meeting.

Articles 1, 4 and 6. The Committee had also observed that Act No. 150 of 1987 regarding public servants does not contain specific provisions to ensure that the guarantees of the Convention are applied to public employees not engaged in the administration of the State. It notes that, in its latest report, the Government states that public servants enjoy protection against acts of anti-union discrimination and have the right to negotiate their conditions of employment collectively in accordance with the laws and regulations applicable in the enterprises and the institutions in which they work. The Government states that it will send the relevant laws in due course. The Committee once again requests the Government to supply copies of the laws and regulations applicable to the state and public enterprises and independent public institutions as well as information on the practice followed in the abovementioned establishments (how negotiations are conducted, number of agreements concluded, number of public employees covered, etc.). The Committee requests the Government to provide the texts mentioned in its report for examination at its next meeting.