Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the Government’s report. It notes the Government’s indication that a draft amendment of the Labour Code (hereinafter draft Labour Code) is currently being examined by the Shoura Council for adoption.

Article 2, paragraph 1, of the Convention. 1. Scope of application. (a) Family undertakings. The Committee had previously noted the Government’s indication that it had taken the necessary measures to repeal section 96 of the Labour Code of 1987 which provides for the exclusion of young persons employed in a family undertaking under the supervision of the spouse, father, mother or brother. The Committee notes that Chapter II of the Labour Code on the Protection of Young Persons has been amended by Order No. 89 of 2004 (hereinafter the Labour Code, as amended). According to section 96 of the Labour Code, as amended, certain provisions of the Code, such as medical examination and supervision (section 92), hours of work of young persons and annual leave (section 93), and maintenance of a register of young persons shall not apply to young persons over 15 years employed in a family enterprise supervised by their spouse, father, mother brother or sister. The Committee observes that all the other provisions of the Labour Code, as amended related to the minimum age of employment and minimum age for hazardous work are applicable to all young persons irrespective of the kind of work and circumstances of their employment.

(b) Self-employment. The Committee had previously noted that, according to section 8 of the Labour Code of 1987, the provisions of the Labour Code, including those concerning young persons, do not apply to work done by young persons outside an employment relationship or on their own account. It also notes that under section 2 of the draft Labour Code, the provisions of the Code are applicable to workers working in the private, mixed or cooperative sector and a worker is defined as a person who works under the direction of an employer in return for wages. The Committee once again reminds the Government that the Convention applies to all sectors of economic activity and covers all types of employment or work whether or not performed within an employment relationship, and whether or not they are remunerated. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

2. Minimum age for admission to employment or work. The Committee notes that, according to section 90.1 of the Labour Code, as amended, the minimum age for admission to any kind of employment within the territory and on means of transport registered in the territory shall be 15 years. The Committee also notes that, by virtue of section 88.1 of the draft Labour Code, young persons (defined by virtue of section 1(19) as persons aged 15 years but not yet 18 years) shall not be admitted to authorized employment unless they have been found fit for work after a thorough medical examination.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted the Government’s reference to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at the age of 7. The Committee observes that the compulsory education is completed at the age of 13 years. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention is fulfilled since the minimum age for employment (15 years for Iraq) is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the effective means of combating child labour and is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages does not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee therefore requests the Government to indicate the measures taken or envisaged to provide free and compulsory education to all children up to the minimum age for employment which is 15 years, as a means to combat and prevent child labour. It requests the Government to provide information in its next report on any developments in this regard.

Article 7. Light work. The Committee notes the Government’s information that the national legislation does not provide for any exceptions authorized by this Article. The Committee notes, however, that according to a report entitled 2007 Findings on the Worst Forms of Child Labour – Iraq, available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org), 12.4 per cent of children between the ages of 5 and 14 were working in Iraq. It also notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.94, 26 October 1998, paragraph 26) expressed concern at the increased rate of economic exploitation of children and the increasing number of children leaving school at an early age, to work to support themselves and their families. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the national legislation may permit the employment of children of 13–15 years in light work, on condition that it is not likely to be harmful to their health or development or prejudice their attendance at school, their participation in vocational orientation or training programmes. Furthermore, under the terms of Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. Considering the number of children under 15 years of age who are engaged in work in the country, the Committee hopes that the Government will take the necessary measures to regulate employment by persons of 13–15 years of age on light work, determine the activities in which light work may be authorized, and prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.