Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour, religious or national extraction. The Committee previously noted from the report of the United Nations Special Rapporteur on minority issues on her mission to Iraq (27 February–7 March 2016) that ethnic and religious “minorities have long faced discrimination and exclusion from certain labour markets, including employment in government and public sector posts” and that “such exclusion must be addressed, including through implementation of affirmative action policies where necessary, to ensure that Iraqi institutions better reflect the diversity within society”. The Committee also noted from this report that a draft diversity protection and anti-discrimination bill and a draft bill on the protection of the rights of religious and ethnic minority groups were under consideration by the Government (A/HRC/34/53/Add.1, 9 January 2017, paragraphs 18 and 75). The Committee asked the Government to provide information on any measures taken to address discrimination faced by ethnic and religious minorities in employment and occupation. The Committee notes that the Government has not provided information on this point in its report. The Committee nevertheless notes that, in its 2019 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD), expresses concern at the persistence of structural racial discrimination, marginalization and stigmatization against people of African descent, who are “disproportionately affected by poverty and social exclusion and face discrimination in the enjoyment of their rights to an adequate living, education, health, housing and employment”. The CERD also expresses concern at the situation of Roma citizens, who “do not hold unified national identity documents, which reportedly exposes them to discrimination, including in access to employment”. The Committee further observes that the CERD regrets “the lack of information on the complaints received by the Iraqi High Commission for Human Rights and the domestic courts regarding racial discrimination (CERD/C/IRQ/CO/22-25, 11 January 2019, paragraphs 27 and 29). In this regard, the Committee wishes to point out that the absence of complaints and legal actions for racial discrimination may reveal a lack of suitable legislation, poor awareness of the legal remedies available, a lack of trust in the judicial system, a fear of reprisals or a lack of will on the part of the authorities to prosecute the perpetrators of such acts” (2012 General Survey on the fundamental Conventions, paragraph 870). While recognizing the difficult situation prevailing in the country, the Committee asks the Government to: (i) provide information on the progress made in the adoption of the draft diversity protection and anti-discrimination bill and the draft law on the protection of the rights of religious and ethnic minority groups; (ii) strengthen its efforts and adopt proactive measures to address discrimination against ethnic and religious minority groups; (iii) report on the impact of these measures on increasing these groups’ access to employment and occupation; and (iv) provide statistical information, disaggregated by sex, on the employment of ethnic minority groups and the sectors and occupations in which they are employed. The Committee asks the Government to provide information on the number and the nature of complaints, as well as on the grounds relied upon, filed with the courts and other competent bodies, such as the Iraqi High Commission for Human Rights that relate to discrimination based on race, colour, religion and national extraction.

General observation of 2018. Regarding the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

The Committee is raising other matters in a request addressed directly to the Government.