Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes that it has not received the Government’s report. While bearing in mind the ongoing process of reconstruction in the country and the climate of violence, the Committee recalls that its observations mainly concerned the following points.

Articles 1 and 4 of the Convention. The Committee noted that neither the Labour Code (Act No. 71 of 1987) nor Act No. 52 of 1987 on trade union organizations contain provisions giving effect to Articles 1 and 4 of the Convention. It recalls that the Government indicated that measures had been taken to amend the Labour Code in the manner desired by the Committee. Noting that the process of preparing a new Labour Code began in 2004, the Committee expresses the hope that these amendments will be adopted as soon as possible, in order to include in the legislation provisions guaranteeing the protection of workers against any acts of anti-union discrimination and to promote the preparation and full use of collective bargaining mechanisms in the private, mixed and cooperative sectors.

Articles 1, 4 and 6. The Committee also noted that Act No. 150 of 1987 concerning public servants does not contain any provisions ensuring that the guarantees provided for by the Convention apply to public servants and employees not engaged in the administration of the State. It recalls that the Government indicated that public servants enjoy protection against acts of anti-union discrimination and have the right to collective bargaining when negotiating their employment conditions, in conformity with the legislation applicable in the enterprises and institutions which employ them. The Committee requests the Government to provide a copy of the applicable legislation for examination at its next session, as well as information on the number of collective agreements concluded in the public and private sectors and the number of workers covered.