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

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

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 31 July 2012, denouncing the persistence of violence against trade unionists in the journalism, printing and textile sectors, and acts of interference in the internal affairs of the General Federation of Iraqi Workers (GFIW). The Committee recalls that it noted previously the ITUC’s allegations that an order issued by the Ministry of Electricity in July 2011 had prohibited trade union activities by the Electricity Workers’ Union, closed all its offices and taken control of its assets and property. The Committee wishes once again to recall the interdependence between civil liberties and trade union rights, and to emphasize that a genuinely free and independent trade union movement can only develop in a climate of respect for fundamental human rights and that the exercise of freedom of association is not possible in a climate of violence, pressure, fear and threats. The Committee once again expresses the firm hope that it will be possible in the near future for trade union rights and the right to collective bargaining to be exercised normally and in accordance with fundamental rights, in a climate free from violence, duress, fear and any kind of threat. The Committee also requests the Government to provide its observations in reply to the serious allegations made by the ITUC.

The Committee recalls that for many years the Government has been engaged in a process of the adoption of a new Labour Code, with a view to giving effect to ratified Conventions, including those on freedom of association and the recognition of the right to collective bargaining. In this respect, the Committee recalls that in recent years its comments have focused on the provisions of the draft Labour Code respecting protection against acts of anti-union discrimination and interference, and the promotion of collective bargaining. The Committee however observed in its previous observation that all the provisions respecting trade unions were removed from the draft Labour Code with a view to their eventual inclusion in a special law on trade unions. The Committee notes the Government’s indication that the Labour Code is currently being examined by Parliament prior to its adoption. The Committee recalls the need to ensure that the legislative process is completed in the very near future so as to ensure the effective implementation of the right to organize and to collective bargaining. It trusts that the Government will report in the near future the adoption of provisions in this respect, whether they are included in the Labour Code or a special law on trade unions, and that these provisions will take duly into account the comments that it has been making for many years on the following points.

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee recalls the need to adopt provisions affording adequate protection against all measures (in relation to recruitment, transfer, demotion, dismissal and other measures with adverse affects) which may constitute acts of anti-union discrimination against trade union members and leaders. These provisions should establish effective and expeditious procedures to ensure their application in practice and be accompanied by sufficiently dissuasive sanctions.

Article 4. Recognition of trade unions for the purposes of collective bargaining. While it considers that a system of collective bargaining based on the exclusive bargaining rights of the most representative union is compatible with the principles of freedom of association, the Committee emphasizes that problems may arise where it is established by law that a trade union must receive the support of 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent, since a union that fails to secure this absolute majority would thus be denied the possibility of bargaining. The Committee recalls the need to ensure that if no union, or group of unions, covers more than 50 per cent of the workers, collective bargaining rights should not be denied to the unions in the unit concerned, at least on the behalf of their own members. The Committee hopes that the new legislation will be fully in conformity with this principle.

Promotion of collective bargaining. The Committee recalls the need to ensure that the rights set forth in the Convention are fully guaranteed to all workers in the private sector and in the public sector, and in particular in the latter case to officials who are not engaged in the administration of the State. The Committee also recalls that the right to organize, which is a preliminary condition for the development of collective bargaining, is applicable to all public servants, with the sole possible exception of the armed forces and the police.

Trade union monopoly. The Committee recalls the need to remove any obstacles to trade union pluralism and recalls in this respect that its previous comments concerned the need to repeal the Trade Union Organization Act No. 52 of 1987 and Government Decision No. 8750 of 2005.