Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Iraq (Ratification: 2001)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. The Committee notes that section 91. 3 of the Labour Code, as amended by Order No. 89 of 2004 (hereinafter the Labour Code, as amended), adopts the provisions of Article 3 of the Convention No. 182 by prohibiting all the worst forms of child labour.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that article 35(3) of the Constitution of Iraq, 2005, prohibits the trafficking of women and children and the sex trade. Furthermore, section 422 of the Penal Code provides for penalties for the offences related to the kidnapping of young persons under the age of 18 years with or without using force. The Committee requests the Government to indicate the provisions in the national legislation which prohibit the sale and trafficking of children under 18 years for labour or sexual exploitation.

2. Slavery, bondage, serfdom and forced and compulsory labour. The Committee notes that article 35(3) of the Constitution prohibits forced labour, serfdom and the slave trade. It also notes that by virtue of article 29(3) of the Constitution, economic exploitation of children shall be completely prohibited and that the State shall take the necessary measures to protect them.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that according to article 9(2) of the Constitution, national service will be stipulated by law. It notes that according to a report entitled “Child Soldiers Global Report, 2008 - Iraq”, available at the site of the United Nations High Commissioner for Refugees (http://www.unhcr.org), the August 2003 Coalition Provisional Authority (CPA) Order creating the new armed forces specified that the minimum age of recruitment was 18 and that recruitment was voluntary. In the report on the Visit of the Special Representative for Children and Armed Conflict to Iraq, 13–25 April 2008 (available at: www.un.org/children/conflict/english/countryvisits.html) it was stated as follows: “children have been recruited and utilized by an array of parties to the conflict in Iraq. It has been reported that hundreds of children, some as young as 10 years of age, have been used in a varying array of tasks including scouting, spying, digging holes for Improvised Explosive Devices (IEDs), planting IEDs, videotaping attacks, as well as more traditional combat roles. Especially troubling are reports of Al Qaida in Iraq (AQI) and associated groups using children under the age of 18 years as suicide bombers”. The Committee expresses its concern at the situation of children in Iraq who are recruited for the armed conflict. The Committee requests the Government to take measures, as a matter of urgency, to demobilize all child soldiers. It also requests the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and sufficiently effective and dissuasive penalties are imposed in practice. Finally, the Committee requests the Government to provide information on the legislation regulating the enlisting in military service and recruitment in armed conflict.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that according to section 399 of the Penal Code, any person who incites a boy or a girl under the age of 18 years to prostitution or to indulge in fornication shall be punished. It also notes that sections 396(2) and 385 of the Penal Code penalizes any person who sexually assaults a boy or a girl under the age of 18 years, and who has carnal knowledge of a girl to whom he is not married and who is under the age of 18 years. The Committee further notes that Law No. 8 of 1988 on Combating Prostitution prohibits prostitution and jobbery (facilitating adultery or prostitution, section 2). The same Act, under section 3 punishes any person who acts as a pimp for prostitution; uses persons for prostitution, owns or manages places for allowing others to practice prostitution; and keeps a boy or a girl under the age of 18 years for the purpose of prostitution (section 5).

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that according to section 403 of the Penal Code any person who produces, imports, possesses, or obtains a printed material, picture or film which violates the public integrity or decency with intent to exploit or distribute such material shall be punished. The Committee notes that the Penal Code does not appear to contain any provisions prohibiting the use, procuring or offering of a child for pornography or for pornographic performances. The Committee therefore requests the Government to indicate the legal provisions prohibiting the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances, and also to supply a copy of the same.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 392 of the Criminal Code punishes any person who induces a minor under the age of 18 years to beg. It further notes that Penal Code contains provisions related to the offering of or inciting the consumption of alcohol to young persons under 18 years, but does not make a reference to the use of children for the production and trafficking of drugs. The Committee reminds that, under the terms of Article 3(c) of the Convention, the use, procuring or offering of a child under 18 years, for illicit activities, in particular the production and trafficking of drugs is considered to be one of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties.

Clause (d). Hazardous work. The Committee notes that according to section 91(1) of the Labour Code, as amended, young persons who has not reached the age of 18 years may not be employed to perform work, which by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. According to section 91(2) of the Labour Code, as amended, the list of the types of hazardous work to which the provisions of section 91.1 applies shall include: (a) work underground, underwater, at dangerous heights or in confined spaces; (b) work with dangerous machinery, equipment and tools, or that involves the manual handling or transport of heavy loads; (c) work in an unhealthy environment that may, for example, expose young persons to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (d) work under particularly difficult conditions such as work for long hours or in certain circumstances during the night or work where the young person is unreasonably confined to the premises of the employer. It further notes that the list shall be periodically examined and revised as necessary by the Ministry of Labour in consultation with the workers’ and employers’ organizations. The Committee requests the Government to indicate whether pursuant to section 91(2) of the Labour Code, a comprehensive list of the types of work harmful to the health, safety and morals of children under 18 years, have been adopted. If so, the Committee requests the Government to supply a copy of the same.

Article 5. Monitoring mechanisms. Labour Inspectorate. The Committee notes that, by virtue of section 114 of the Labour Code, Act No. 71 of 1987 enterprises and other workplaces covered by the provisions of this law shall be subject to labour inspection. It notes that according to section 116, the labour inspection shall be performed under the supervision of the Minister of Labour and Social Affairs (MOLSA) by inspection committees chaired by a competent inspector. According to section 115 of the Labour Code, the Director-General of Labour and the Confederation of Trade Unions, after examining the inspection reports, draft conclusions and proposals to be submitted to the MOLSA, every three months. Based on this report, the MOLSA draws up proposals or instructions to improve inspection procedures. The Committee requests the Government to provide information on the inspections carried out by the labour inspection committees and on the number and nature of violations detected with regard to minors under the age of 18 years. It also requests the Government to indicate whether any monitoring mechanisms have been established to secure the application of the provisions of Article 3(a)–(c) of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that section 91(5) of the Labour Code, as amended provides that the Government shall design and implement programmes of action to eliminate the worst forms of child labour. It notes, however, that the Government has not provided any information on this point. The Committee requests the Government to provide information on the programmes of action taken pursuant to section 91(5) of the Labour Code, to eliminate as a priority the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Code provides for sufficiently effective and dissuasive penalties of imprisonment for the following offences: inducing a young person under 18 years into prostitution (section 399); sexual assault against a young person under 18 years; production and distribution of indecent picture or films (section 403). It also notes that the Law No. 8 of 1988 provides penalties of imprisonment for the offences related to prostitution, jobbery, mediation and pandering. The Committee further notes that according to section 91(4) of the Labour Code, as amended, whoever promotes, aids or benefits from acts destined to use the worst forms of child labour shall be prosecuted. Section 97 of the Labour Code, as amended further envisages the penalties for the violation of the provisions on the protection of young persons. However, the Committee observes that no penalties are established for the offences related to the sale and trafficking of children as well as for the compulsory recruitment of children under 18 years for armed conflict. The Committee therefore requests the Government to take the necessary measures to establish appropriate penalties for the violation of the sale and trafficking, and the compulsory recruitment for armed conflict, of children under the age of 18 years.

Article 7, paragraph 2. Effective and time bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that by virtue of article 34 of the Constitution, primary education is free and compulsory. It notes, however, that, according to the UNICEF estimates (available at: www.unicef.org/infobycountry/
iraq_2122.html) education rates are falling in Iraq. The number of primary-age children not enrolled in school has climbed from under 800,000 to over 2 million since 2005. School closures have been reported in Baghdad, and many schools have been caught up in violent attacks. According to the report of the Secretary-General for Children and Armed Conflict of April 2008 (page 5), the primary school attendance has dropped to 53 per cent in 2007 as opposed to 83 per cent in 2005, and in Diyala, children have not been able to go to school for six months. The school drop-out rate for girls is higher than for boys, and most of the girls, especially in the rural areas, are not aware of their right to education. The report further indicates that about 70 per cent of schools throughout Iraq were damaged by war and lack of maintenance, 870,000 children were orphaned by war, and 40 per cent of the total 4.9 million internally displaced persons and refugees, are children, 60 per cent of whom are in the Kurdistan region. Considering that education plays an important role in preventing children from engaging in the worst forms of child labour, the Committee requests the Government to urgently take measures to improve the access of children to free basic education including of girls; children in areas affected by the war, such as Diyala; internally displaced children in the Kurdistan region; child refugees and orphans.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that according to the Child Soldiers Global Report, of 2008 the Government has, through the Commission of Child Care, begun to address the challenges confronting children in Iraq. The Commission has established a committee, which has recommended that the Government sign the Optional Protocol on the Involvement of Children in Armed Conflict, subsequently ratified on 24 July 2008. The Special Representative on Children and Armed Conflict met with high officials of the Government to assess how best to improve the protection of children in Iraq. In her discussions with United Nations Assistance Mission for Iraq (UNAMI), it was agreed that greater efforts should be made on behalf of the UNAMI to address those issues through the appointment of child protection advisers. The Committee requests the Government to provide information on the time-bound measures taken to prevent the engagement of children in armed conflict and to provide for their withdrawal and rehabilitation, including through the work of Commission of Child Care and child protection advisers.

Clause (d). Identifying and reaching out to children at special situation. Internally displaced children, refugees, and orphans. The Committee is concerned at the situation of the high number of children affected by the war. The Committee requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect internally displaced children, child refugees and orphans from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee notes that according to the information available at the Office, children were reported to be participating in both the sex industry and the drug trade. Reports from destination countries indicate that girls are trafficked to Jordan, Syria and the Persian Gulf States. Young boys and girls are targeted by gangs for sexual exploitation or to be sold into prostitution or trafficked out of Iraq for sexual exploitation. The Committee requests the Government to indicate the manner in which it intends to accord special attention to the situation of girls to remove them from the worst forms of child labour.

Article 8. International cooperation. The Committee notes the absence of information in the Government’s report. The Committee requests the Government to provide information on international cooperation and assistance received to tackle the worst forms of child labour, as well as for social and economic development, poverty eradication programmes and universal education.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. It also requests the Government to supply copies or extracts from official documents including studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.