Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s communication.

Although the Committee is aware of the ongoing process of reconstruction of the country and the climate of violence, the Committee hopes that the Government will take the necessary measures for the effective implementation of the Convention with regard to the points raised below, and that the draft Labour Code will soon be adopted and will be in full conformity with the requirements of the Convention. The Committee notes that, in its communication, the Government expresses the wish for a wider cooperation with the ILO in several domains, including the application of freedom of association and the right to organize and participation in the framework of fundamental principles at work, in order to reach the objective of decent work; the Government wishes as well to develop a programme for social partnership and to widen social dialogue. The Committee supports the approach.

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006 underlining serious cases of violence and other grave violations of freedom of association and collective bargaining in Iraq in the current context of the official recognition of one single federation. The Committee requests the Government to respond to these comments.

Articles 1 and 4 of the Convention. In its last comments, 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. The Committee recalled that the Government has indicated that measures had been taken to amend the Labour Code in the manner desired by the Committee. In its communication, the Government indicates that the current Labour Law sections amended by Law No. 17/2000 allow workers in mixed, cooperative and private sectors the right to collective bargaining, but it acknowledges that the practical implementation of this right has been difficult under the difficult circumstances the country is facing. 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 an adequate protection of workers against any acts of anti-union discrimination through dissuasive sanctions and to promote the preparation and full use of collective bargaining mechanisms particularly in the private, mixed and cooperative sectors.

Articles 1, 4 and 6. In its last comments, the Committee had 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. The Government had indicated in a previous report that public servants enjoy protection against acts of anti-union discrimination and have the right to collective bargaining of their employment conditions, in conformity with the legislation applicable to the enterprises and institutions which employ them. The Committee requests once again the Government to provide a copy of any legislation guaranteeing for public servants protection from acts of anti-union discrimination and establishing the right to collective bargaining for public servants not engaged in the administration of the State, as well as information on the number of collective agreements concluded in the public and private sectors and the number of workers covered.