Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Iraq (Ratification: 1978)

Articles 1 and 2 of the Convention. Appropriate procedures. Representative organizations. In its previous comments, the Committee requested the Government to repeal the Trade Union Organization Act No. 52 of 1987 without delay and to ensure that the new draft trade union law, intended to replace the 1987 Law, is fully aligned with the provisions of the Convention. The Committee further requested the Government to provide a copy of the draft trade union law as well as information on progress made with regard to the establishment of an effective mechanism to determine the most representative workers’ organizations for purposes of the tripartite consultations required by the Convention. The Government reports that the draft trade union law is aligned with the provisions of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but indicates that it is still under discussion in the State Council. The Committee further notes that the Government has not provided the requested copy of the draft trade union law. With respect to effective tripartite consultation, the Committee has previously noted that sections 20 of the Labour Code (2015) provides for the establishment of a Tripartite Advisory Committee as well as for the administrative support and training of its members. The Government also indicates that the social partners are involved in other bodies such as the Labour Council and the Minimum Wage Committee. In this context, the Committee recalls that, while the Convention supports tripartite cooperation at the national level, the objective of the Convention is to promote effective tripartite consultation in relation to the normative activities of the International Labour Organization set out in Article 5(1) of the Convention. With respect to the determination of the most representative employers’ and workers’ organizations, the Committee once again notes that the Decent Work Country Programme (DWCP) for Iraq (2019-2023) envisages the adoption of measures to establish an effective mechanism to determine the most representative workers’ organizations for purposes of participation in tripartite institutions. According to the DWCP, while the possibility of tripartite collaboration is expressed in various laws and frameworks, the practice of effective and constructive social dialogue is highly constrained. Only the General Federation of Iraqi Workers (GFIW) is recognized as the official “representative” trade union for purposes of participating in tripartite bodies, and there are therefore limited opportunities for other trade unions to participate in formal tripartite consultation structures. The Government does not provide any information on the mechanisms and procedures put in place to govern the determination of the most representative workers’ organizations are of the tripartite consultations required by the Convention. The Committee requests the Government to provide specific information on the manner in which the most representative workers’ organizations are designated to enable the Committee to evaluate more fully the manner in which it ensures that the most representative workers’ organizations are determined for purposes of the tripartite consultations required by the Convention. It further requests the Government to indicate the progress made with regard to the adoption of the draft law on trade unions underdiscussion in the State Council and to provide a copy of the draft law once it is adopted.

Article 5(1). Effective tripartite consultations. The Committee requested the Government to provide information regarding tripartite consultations held on international labour standards on all of the matters covered under Article 5(1) of the Convention. The Government indicates that, since 2007, the Tripartite Advisory Committee has held meetings that are attended by representatives from employers’ and workers unions, to discuss matters related to international labour standards. The Government’s report does not specify the nature of these matters, nor does it provide any concrete information with regard to the frequency, content or outcome of tripartite consultations held pursuant to Article 5(1). The Committee therefore reiterates its request for the Government to provide detailed and precise information on the content, frequency and outcome of tripartite consultations held on all matters relating to international labour standards covered by Article 5(1) of the Convention, including: questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); proposals to be made in connection with the submission to the National Assembly of instruments adopted by the Conference (Article 5(1)(b)) and the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).