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

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

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)). 

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

Articles 1 and 2 of the Convention. Appropriate procedures. Representative organizations. The Committee notes the adoption of the first Decent Work Country Programme (DWCP), “Iraq: Recovery and Reform”, which runs from 2019 to 2023. The DWCP contemplates 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. In this context, the Committee refers to its 2014 observation on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in which it recalled the need to remove any obstacles to trade union pluralism. It therefore requested the Government to take the necessary measures to repeal the Trade Union Organization Act No. 52 of 1987, which effectively prevents trade unions from organizing workers in industrial state-owned enterprises (SOEs). Nevertheless, the Committee notes from the DWCP that the 1987 Act remains in force, although a draft trade union law, intended to replace the 1987 Act, is currently before the General Secretariat of the Council of Ministers. The DWCP further indicates that the ILO will provide support to the finalization of the trade union law on the basis of international labour standards. Recalling its 2014 observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee expresses the firm hope that the Government will proceed without delay to repeal the Trade Union Organization Act No. 52 of 1987 and that it will ensure that the above-mentioned draft trade union law is fully aligned with the provisions of the Convention. It trusts that the draft law will be finalized and adopted in the very near future, to ensure the participation of the most representative organizations in the country’s tripartite bodies. The Committee requests the Government to provide a copy of the draft law once it is adopted. It further requests the Government to provide detailed updated 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.

Article 5. Effective tripartite consultations. The Committee welcomes the information provided by the Government concerning the adoption of Act No. 37 of 2015 amending the Labour Code. The Committee notes that section 20(2) of the new Labour Code provides for the establishment of a tripartite Advisory Committee composed of representatives of the Ministry of Labour and Social Affairs and concerned ministries, as well as of the most representative workers’ and employers’ organizations. Section 20(2) of the Code establishes that the Ministry of Labour and Social Affairs is responsible for the provision of administrative support to ensure effective tripartite consultations and that appropriate arrangements should be made with the organizations represented in the tripartite Advisory Committee to fund any training necessary for its members, in accordance with Article 4 of the Convention. The Committee further notes the Government’s indication regarding the adoption of Ministerial Order No. 162 of 4 February 2019, which amended the composition of the tripartite Advisory Committee. The Committee also notes the adoption of measures aimed at enhancing tripartite dialogue in Iraq. It notes the ratification of Convention No. 87 on 1 June 2018. Noting that the Government has not provided information regarding tripartite consultations held on international labour standards on the matters covered under Article 5(1) of the Convention, the Committee once again requests the Government to provide detailed information on the content and outcome of tripartite consultations held on all matters relating to international labour standards covered by the Convention: the questionnaires on the Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the competent authorities (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide a copy of the Ministerial Order No. 162 of 4 February 2019 amending the composition of the tripartite Advisory Committee.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report contains no reply to its previous comments. It trusts that the next report will contain full information on the matters raised in its previous comments made in 2015.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government provides in its report minutes of the meetings of the 46th to the 53rd sessions of the Tripartite Consultation Committee held in 2014 and 2015. The Committee notes that several meetings were held to discuss amendments to the new draft Labour Code. It also notes that discussions on international labour standards included the possibility of ratifying the Maritime Labour Convention, 2006 (MLC, 2006), as well as other Conventions. The Committee requests the Government to continue to provide information on the content and outcome of the consultations held within the Tripartite Consultations Committee on the matters concerning international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Government provides in its report minutes of the meetings of the 46th to the 53rd sessions of the Tripartite Consultation Committee held in 2014 and 2015. The Committee notes that several meetings were held to discuss amendments to the new draft Labour Code. It also notes that discussions on international labour standards included the possibility of ratifying the Maritime Labour Convention, 2006 (MLC, 2006), as well as other Conventions. The Committee requests the Government to continue to provide information on the content and outcome of the consultations held within the Tripartite Consultations Committee on the matters concerning international labour standards covered by the Convention.

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

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government in the minutes of the 38th and 44th meetings of the Tripartite Consultation Committee held in 2013. The Committee would welcome examining in the Government’s next report updated information on the tripartite consultations held on each of the matters related to international labour standards covered by the Convention.

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in March 2012. In reply to its previous direct request, the Government indicates that reports from the ILO were examined in the consultations held between Government representatives and the representatives of employers and workers, and replies thereto were prepared. The Committee again invites the Government to provide a report containing detailed information on the content and outcome of the tripartite consultations held on each of the matters related to international labour standards covered by Article 5(1) of the Convention (replies to questionnaires, submissions to the competent authorities, re-examination of unratified Conventions and Recommendations, reports to be made to the ILO).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 5 of the Convention. Tripartite consultations required by the Convention. The Committee notes the reply provided by the Government in August 2011 to the 2009 direct request. The Government indicates that 29 meeting minutes were prepared following numerous lengthy sessions of the National Tripartite Consultative Commission. The Committee again invites the Government to provide in its next report detailed information on the content and outcome of the tripartite consultations held by the National Tripartite Consultative Commission on all matters related to international labour standards covered by Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Tripartite consultations required by the Convention. The Committee notes the Government’s statement received in September 2009 indicating that the measures adopted to promote tripartite consultations on international labour standards are held through a National Tripartite Consultative Commission in accordance with Article 5(1) of the Convention. The Committee refers to its 2008 direct request and invites the Government to provide more precise information in its next report on the consultations held in the framework of the National Tripartite Consultative Commission on each of the matters covered by Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2008 in which the Government indicates its intention to achieve decent work through promotion of international labours standards and to meet its obligations with respect to ratified Conventions. The Government reports that continuous consultations are held between government representatives and the employees’ and workers’ representatives through joint committees. The Committee notes that the social partners were consulted for the preparation of the reports that were received in 2008. The Committee recalls that the country is undergoing a process of reconstruction, and refers to the 2008 Declaration on Social Justice for a Fair Globalization which stated that “social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across borders are now much more relevant to achieving solutions and to building up social cohesion and the rule of law through, among other means, international labour standards”. The Committee therefore invites the Government and the social partners to continue to report on measures taken to promote tripartite consultation on international labour standards, as requested by Article 5, paragraph 1, of Convention No. 144, a Convention that is to be regarded as most significant from the viewpoint of governance.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its direct request of 2001, which read as follows:

The Committee notes the report for 1999 of the National Tripartite Consultative Committee established by virtue of the Convention. It notes that the Tripartite Committee met 12 times during the reference period. It also notes the information supplied by the Government on the subject of consultations held, and in particular, in conformity with Article 5(1) of the Convention, regarding the submission to the competent authorities of Conventions and Recommendations pursuant to article 19 of the Constitution of the International Labour Organization ((b)), and those regarding the examination of unratified conventions and recommendations to which effect has not yet been given ((c)). In this connection, the Committee invites the Government to specify in its next reports the nature of all reports or recommendations resulting from such consultations.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the report for 1999 of the National Tripartite Consultative Committee established by virtue of the Convention. It notes that the Tripartite Committee met 12 times during the reference period. It also notes the information supplied by the Government on the subject of consultations held, and in particular, in conformity with Article 5(1) of the Convention, regarding the submission to the competent authorities of Conventions and Recommendations pursuant to article 19 of the Constitution of the International Labour Organization ((b)), and those regarding the examination of unratified conventions and recommendations to which effect has not yet been given ((c)). In this connection, the Committee invites the Government to specify in its next reports the nature of all reports or recommendations resulting from such consultations.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the report for 1999 of the National Tripartite Consultative Committee established by virtue of the Convention. It notes that the Tripartite Committee met 12 times during the reference period. It also notes the information supplied by the Government on the subject of consultations held, and in particular, in conformity with Article 5(1) of the Convention, regarding the submission to the competent authorities of Conventions and Recommendations pursuant to article 19 of the Constitution of the International Labour Organization ((b)), and those regarding the examination of unratified conventions and recommendations to which effect has not yet been given ((c)). In this connection, the Committee invites the Government to specify in its next reports the nature of all reports or recommendations resulting from such consultations.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information supplied by the Government, to the effect that the activities of the Tripartite Consultative Committee were interrupted in 1987 owing to the repeal of the Labour Code (No. 151) of 1970 and the promulgation of a new Code under Act No. 71 of 1987.

It hopes that the above committee will resume its consultative work - if it has not already done so - in the near future, and requests the Government to keep the Office informed of any developments in this respect.