Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Iraq (Ratification: 1959)

Article 1 of the Convention. Legislative developments. The Committee notes the Government’s indication that the draft Labour Code has not yet been adopted. The Committee asks the Government to take the opportunity of the revision of the Labour Code to include provisions clearly defining and prohibiting direct and indirect discrimination, for all workers, at all stages of employment and occupation, and covering at least all the grounds set out in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. Please provide information on any progress made in this regard.

Sexual harassment. In its previous comments, the Committee noted that the existing legislation did not appear to provide full and adequate protection against all forms of sexual harassment in employment and occupation, and expressed the hope that the draft Labour Code would include specific provisions in this regard. The Committee notes that the Government provides no information in this respect, and merely states that no complaints of sexual harassment have been submitted. The Committee notes that the absence of complaints does not necessarily indicate that there is no sexual harassment in practice, but rather that there is an inadequate legal framework, lack of confidence in or lack of practical access to procedures, or fear of reprisals. The Committee asks the Government to take the opportunity of the revision of the Labour Code to include provisions explicitly defining and prohibiting sexual harassment in employment and occupation, both quid pro quo and hostile environment harassment, and to provide information on progress made in this regard. Please also provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes that the Government acknowledges the very low level of employment of women, particularly in the private sector, and states that the Ministry of Labour and Social Affairs seeks to raise awareness of unemployed persons and to encourage them to work in the private sector. On the low level of labour market participation of women and occupational segregation, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee again asks the Government to provide specific information on the measures taken to promote the equal participation of men and women in the labour market in the public and private sectors, and on proactive measures to promote equality of opportunity and treatment in employment and occupation of men and women belonging to ethnic or religious minorities. Please also provide statistical information indicating the level of participation of men and women in the various occupations and sectors of activity in the private and public sectors, and of persons belonging to ethnic or religious minorities.

Article 3(b). Educational programmes. Noting that the Government has provided no reply to its previous comments, the Committee reiterates its request for more detailed information on the measures taken to raise awareness of the principle of equality of opportunity and treatment in employment and occupation among workers and employers, as well as among relevant public officials.

Article 5. Special measures of protection. The Committee notes the Government’s indication that the draft Labour Code includes provisions on the protection of women workers. The Government also confirms that Resolution No. 480 of 1989 prohibiting women from working in certain occupations, is still in force. The Committee recalls that protective measures excluding women from certain jobs or limiting their access under certain conditions going beyond maternity protection, violate the principle of equal opportunity and treatment between men and women in employment and occupation. The Committee urges the Government to ensure that, in the process of revising the Labour Code, any protective measures regarding women’s employment are strictly limited to maternity protection, and that the prohibitions set out in Resolution No. 480 of 1989 are also revised accordingly. Please provide information on any progress made in this regard.