Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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) in a communication received on 31 August 2014, which in particular refers to threats, charges against trade union leaders and restrictions on demonstrations.

Civil liberties and trade union rights. In its previous observation, the Committee hoped that it would be possible in the near future for trade union rights and the right to collective bargaining to be exercised in a climate free from violence, duress, fear and any kind of threat, and requested the Government to provide its observations in reply to the serious allegations made by the ITUC concerning violence against trade unionists and interference in trade union activities. The Committee notes the Government’s earlier indication concerning the phase Iraq was going through in order to review its national legislation in accordance with socio-economic transformations. Recalling once again that a genuinely free and independent trade union movement can only develop in a climate of respect for fundamental human rights, the Committee expects that the Government will ensure that it is possible for freedom of association and collective bargaining to be exercised normally, in a climate free from violence, duress, fear and threats. The Committee requests the Government to provide detailed information concerning the allegations made by the ITUC concerning threats, the laying of charges and restrictions on demonstrations.

Draft Labour Code. In its previous observation, the Committee recalled the need to ensure that the legislative process was completed in the very near future so as to ensure the effective implementation of the right to organize and to collective bargaining, and trusted that the Government would report the adoption of provisions that took into account its previous comments. The Committee notes the Government’s indication that sections 135–142 (chapter 16) of the new draft Labour Code, which provide for collective bargaining and agreements, were taken out of the Code to became an independent law on trade union organization, and that this law has been examined in a first reading in the Majlis Al Nouwab; and that a draft Law on Trade Unions and Occupational Federations was referred to the General Secretariat of the Council of Ministers on 5 February 2013. The Committee once again trusts that the Government will, in the near future, report the adoption of legislation that ensures the effective implementation of the right to organize and collective bargaining and take into account its comments on the points below.

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. The Committee had recalled 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 behalf of their own members. In this regard, the Committee notes the indication from the Government that section 137(1) of the new draft Labour Code specifies an obligation of good faith negotiations when a request for collective bargaining by a registered union representing more than 50 per cent of the employees at an undertaking or project is submitted, or when the request has been submitted by several trade unions representing more than 50 per cent of workers to whom the collective agreement applies. The Committee once again requests that the Government ensure that legislation provides that, if no union, or group of unions, covers more than 50 per cent of the workers, collective bargaining rights are not denied to the unions in the unit concerned, at least on behalf of their own members.

Articles 1, 2, 4 and 6. Scope of the Convention. The Committee had recalled that the rights in the Convention are fully guaranteed to all workers in the private sector and to all workers in the public sector who are not engaged in the administration of the State. The Committee requests the Government to ensure that these rights are applicable to all public servants not engaged in the administration of the State.

Trade union monopoly. The Committee had recalled the need to remove any obstacles to trade union pluralism, which implied the need to repeal the Trade Union Organization Act No. 52 of 1987 and Government Decision No. 8750 of 2005. The Committee notes the Government’s indication that the national legislation is being updated with respect to trade union multiplicity and that several trade unions have sprung up since 2003 outside the scope of the Trade Union Organization Act No. 52 of 1987. The Committee notes with interest that the Government indicates that Government Decision No. 8750 of 2005 has been repealed, funds released, and the Iraqi Federation of Industries can now dispose of its movable and immovable property. The Committee requests the Government to take the necessary measures to repeal the Trade Union Organization Act No. 52 of 1987.