Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Iraq (Ratification: 2015)

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

The Committee notes the Government’s first report.

Article 2(3) of the Convention. Periodic consideration of measures to be taken to ratify relevant occupational safety and health (OSH) Conventions. The Committee notes the Government’s indication in its report that a Tripartite Consultation Committee, consisting of the Ministry of Labour and Social Affairs (MOLSA), and representatives of employers and of workers, consults on the measures that could be taken to ratify ILO Conventions, including those on OSH. The Committee requests the Government to provide further information on the consultative process within the Tripartite Consultation Committee in this regard, including their frequency and the manner in which consideration is given, in those consultations, to measures that could be taken to ratify relevant OSH Conventions.

Article 3. National OSH policy. The Committee notes the Government’s indication that, pursuant to section 115(1) of the Labour Law No. 37 of 2015 (Labour Law), the MOLSA, through the National Centre for Occupational Health and Safety (NCOHS), shall be responsible for drafting, developing and reviewing the national OSH policy on a regular basis, in consultation with the social partners. In this regard, the Government indicates that the NCOHS is in the process of finalizing the OSH policy, and refers to consultations with the Iraqi Federation of Industries and the General Federation of Trade Unions of Iraq in this context. The Committee requests the Government to take the necessary measures to finalize its national OSH policy in the near future, and requests the Government to provide a copy, once adopted. The Committee also requests the Government to provide further information on the outcome of consultations undertaken with employers’ and workers’ organizations in the formulation of its national OSH policy.

Article 4(1) and (2)(a). Progressive development and periodic review of the national system in consultation with social partners. Review of OSH laws and regulations. The Committee notes the legislation pertaining to OSH provided by the Government. The Committee requests the Government to provide further information on the manner in which it periodically reviews its national OSH system, and to indicate how the most representative organizations of employers and workers are consulted in this regard. The Committee further requests the Government to provide information on the manner in which the social partners are consulted on revisions of the national legislative framework on OSH.

Article 4(1) and (2)(b). Establishment, maintenance, progressive development and periodic review of the national OSH system in consultation with social partners. Authority responsible for OSH. The Committee notes that, pursuant to section 113 of the Labour Law, the NCOHS is in charge of managing the planning and monitoring of OSH matters. The Committee also notes that, pursuant to section 6 of Instructions No. 12 of 2017 on the Tasks and Structure of the NCOHS, the functions of the Department of Planning and Follow-up of the NCOHS include the follow-up to the implementation of the Centre’s policies and plans, as well as the assessment of the performance of its Departments. In this respect, the Decent Work Country Programme for Iraq (DWCP) 2019–23 observes that the NCOHS has been subject to decentralisation, which has raised some concerns around the capacities of decentralised entities to address more technical aspects of OSH at the level of the workplace. The Committee notes that the DWCP 2019–23 envisages actions to support the MOLSA in strengthening the technical capacities of the NCOHS and enabling it to provide better and more effective OSH services at the national level. The Committee requests the Government to provide further information on any measures taken or envisaged, including in the context of the DWCP, to strengthen the capacity of the NCOHS.

Article 4(3)(a). National tripartite advisory body. The Committee requests the Government to provide information on whether there is a national tripartite advisory body which addresses OSH issues, and if so, to provide information on its activities.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. The Committee requests the Government to indicate whether measures have been taken or envisaged to provide for collaboration between the authorities responsible for OSH and relevant insurance or social security schemes.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to indicate whether measures have been taken or are envisaged to provide support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, SMEs and the informal economy.

Article 5. National OSH programme. The Committee notes the Government’s statement that a general national programme has been formulated. The Committee requests the Government to provide further information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national programme on OSH in consultation with the social partners, in accordance with Article 5(1), and to ensure that such a programme covers all the elements under Article 5(2)(a)–(e) of the Convention. The Committee also requests the Government to indicate the measures taken or envisaged to ensure that the national OSH programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3).

The Committee recalls that the Government can avail itself of the technical assistance of the ILO regarding the implementation of this Convention.