Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Protection of Wages Convention, 1949 (No. 95) - Iraq (Ratification: 1960)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee has been commenting on the measures to be taken following the recommendations of the tripartite committee set up to examine the representation made by the Federation of Egyptian Trade Unions under article 24 of the ILO Constitution, alleging non-observance by Iraq, inter alia, of the Convention (GB.250/15/25, May–June 1991), concerning non-payment of wages owed to Egyptian workers employed in Iraq, who left the country both before and after the invasion of Kuwait. In its previous observation, the Committee noted the Government’s earlier indication that the workers who left since the imposition of the embargo, which resulted in the freezing of Iraqi assets in foreign banks, received their wages in conformity with the law, with the exception of the percentage to be transferred in foreign currency. In this connection, the Government indicated in its report that, although the Off-America Bank of New York had released an amount of US$20 million from the deposit owned by the Iraqi Rafedain Bank’s Cairo Branch to cover some of the Bank’s outstanding transfers, none of the suspended outstanding transfers had been paid by the Cairo Branch of the Rafedain Bank.

The Committee recalls that the above tripartite committee made recommendations in its report, which was approved by the Governing Body of the ILO, that the Government should: (i) take appropriate measures so that the number of workers involved and the amounts owed to them will be determined; and (ii) take measures necessary for the effective payment of such amounts. The Committee notes that no specific information has been received on either of these points. It is therefore obliged to repeat its hope that the Government will take all the necessary measures and provide information on them.

2. The Committee notes the copy of the Labour Movement Agreement concluded between Iraq and the Philippines, attached to the report. It notes that, under article 12 of this Agreement, the workers employed under the agreement may transfer a percentage of their income through the normal banking channels in accordance with the receiving country’s instructions and regulations on foreign transfers. The Committee requests the Government to clarify up to what percentage of the income the workers are allowed to remit under this provision. It would also be grateful if the Government would supply further information on the relevant instructions and regulations on foreign transfer.

3. The Committee recalls that it has noted, in its earlier observation, section 7 of the Labour Code which prescribes the treatment of Arab workers on an equal footing with Iraqi workers in regard to the rights and duties set forth in the Code, and an Agreement between Iraq and the Philippines stipulating the reciprocal equal treatment of migrant workers and nationals. The Committee again requests the Government to supply information concerning the protection of wages of non-Arab foreign workers who are not from the Philippines.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.