Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Iraq (Ratification: 1986)

The Committee notes the Government’s report received in March 2012 in which it reiterates its intention to effectively apply the Convention. The Committee refers to its seven comments formulated since the ratification of the Convention in 1986. It hopes that the Government will be in a position to provide in 2013 a detailed report containing indications on the various points raised regarding the following Articles of the Convention.

Part I. General policy. Article 1(a) of the Convention. The Government reiterates that there are no differences between indigenous and tribal peoples in Iraq; both populations are to be considered of the same Iraqi origin. It states that the problem of discrimination does not exist in the country. The Labour Code provides for the conditions of employment of all categories of workers in Iraq (Article 15 of the Convention). The Committee also notes the Government’s indication that all parts of the population are considered to be of the same Iraqi origin. It notes that article 43 of the Constitution reads as follows: “The State shall seek the advancement of the Iraqi clans and tribes and shall attend to their affairs in a manner that is consistent with religion and the law and upholds its noble human values in a way that contributes to the development of society. The State shall prohibit the tribal traditions that are in contradiction with human rights.” The Committee requests the Government to identify the clans and tribes which correspond to the criteria set out in the Iraqi Constitution and in the Convention. Please also indicate the measures taken to promote their advancement, in practice, in accordance with the Iraqi Constitution and the provisions of the Convention.

Articles 2, 6 and 27. The Committee recalls that, under these Articles of the Convention, the Government should establish coordinated and systematic programmes for the populations concerned in so far as it is necessary. It invites the Government to indicate in its next report whether such programmes have been drawn up. It also invites the Government to supply detailed information on the measures that have been adopted or are envisaged to protect the institutions, religions and cultures of the populations concerned, in accordance with Articles 3, 4 and 5 of the Convention.

Articles 7, 8, 9 and 10. The Committee recalls that, pursuant to these Articles of the Convention, measures should be taken to ensure that the customary laws of the populations concerned and their methods of social control should be taken into account in defining the rights and duties of these populations and that their members enjoy specific protection against the application of preventive detention. Please indicate the measures envisaged in this respect.

Part II. Land. Article 11. The Government indicates that the Iraqi legislation contains provisions in conformity with this Article. The Committee invites the Government to identify the regions where the right of ownership of land, collective or individual, of the members of the populations concerned has been recognized and the populations concerned benefiting from them. In the case of collective ownership, please indicate the principal forms in which the rights recognized by law are exercised. In the case of individual ownership, please indicate whether there is any common use of land (e.g. cooperative farming) and the legal basis for it.

Articles 12 to 14. The Government indicates that the Iraqi Constitution prohibits that the population be removed from their habitual lands and reinstated in regions to which they do not belong. The Committee invites the Government to specify the provisions of the national legislation which ensure that the populations concerned may not be removed from their habitual territories without free consent. Please also give particulars of the cases in which populations concerned have been removed from their habitual territories, including the grounds of removal and the terms of their settlement or resettlement and/or compensation.

Part IV. Vocational training, handicrafts and rural industries. Articles 16 to 18. Please indicate whether special vocational training programmes have been established for the populations concerned and whether their handicrafts and rural industries have been encouraged as factors in their economic development.

Part V. Social security and health. Article 19. Please indicate whether the social security scheme applies to members of the populations concerned, other than wage earners.

Article 20. Please provide more detailed information on the number and type of health services that are suited to the needs of the populations concerned, the regions in which they operate, their staff and the number of beneficiaries.

Part VI. Education and means of communication. Articles 21 to 26. Please indicate the number and type of schools, the number of teachers, the regions in which the schools operate for the populations concerned and the number of pupils who are members of the populations that benefit from them.