Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Iraq (Ratification: 1959)

Article 1(a) of the Convention. Sentences of imprisonment involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political system. The Committee recalls that the Convention prohibits the imposition of forced or compulsory labour, including compulsory prison labour on persons who express certain political views or who are opposed to the established political, social or economic system.

In this context, the Committee has drawn the Government’s attention to the impact on the application of the Convention of the provisions of the national legislation (the Penal Code, the Law respecting the press, the Law respecting societies and other texts), which restrict the exercise of certain civil rights and public freedoms and under which violations may be punished by sentences of imprisonment, which involves an obligation to work (sections 87 and 88 of the Penal Code).

The Committee referred in particular to the following legislative provisions:

• – section 43 of Act No. 1 of 1960 respecting societies, in conjunction with section 23 (suspension of the activities of societies for 30 days), and section 26(b) (dissolution of societies, the aims of which are contrary to the Republican regime or the requirements of the regime, etc.);
• – section 16 of Law No. 206, which provides for a penalty of imprisonment for the publication in the press of prohibited material, such as those which are harmful to the authorities and which propagate certain ideas;
• – the restrictions imposed by the legislation on the freedom of expression, and particularly section 225 of the Penal Code, as amended by Decision No. 840 of 4 November 1986, under which insults against the authorities are punishable with sentences of imprisonment; and
• – sections 1 to 4 of Law No. 7 of 1958 concerning the punishment of those who plot against the security of the State (directing the country’s policy against the national interest, issuing laws for the benefit of a certain number of persons against the common welfare, influencing morale by circulating alarming rumours, etc.).

The Committee also requested the Government to provide information on the application in practice of certain provisions of the Penal Code under the terms of which sentences of imprisonment (involving compulsory labour) may be imposed for the following activities:

• – section 201 (making propaganda for Zionism or adhering to any Zionist organization or assisting it morally or materially, or working in any capacity to achieve its objectives);
• – section 202 (treating with contempt in public the Iraqi nation or people or any group of inhabitants of Iraq);
• – section 210 (deliberately broadcasting false or misleading news, statements or rumours likely to cause alarm or despondency, disturb the peace or damage the national interest);
• – section 215 (possessing, procuring, issuing or holding with a view to trading, distributing or offering images, drawings or written materials likely to disturb public security or impair the prestige or standing of the country, with a view to giving a false or distorted impression of events); and
• – section 221 (convening, controlling the movements of or taking part in a gathering in a public place in the knowledge that such a gathering has been forbidden by the authorities).

The Committee notes that in its last report, the Government refers only to the process of revising the Labour Code which is still under way. It adds that it has contacted the Ministry of Justice with a view to preparing a reply to the Committee’s request for information on the application in practice of the above provisions.

The Committee recalls that the provisions referred to above are not limited to acts of violence or incitement to violence and that they are worded in terms broad enough to give rise to the imposition of penalties involving the obligation to work as punishment for the peaceful expression of political views which are critical of government policy or of the established political system, or as a punishment of various non-violent acts relating to the organization of meetings and demonstrations. In view of the above, the Committee trusts that the Government will take the necessary measures to ensure compliance with the Convention, for example, by limiting the scope of the above provisions to acts of violence or incitement to violence, or by replacing sentences of imprisonment involving the obligation to work by other types of penalties, such as fines. In the meantime, the Committee requests the Government to provide information on the application of the above provisions in practice, including sample copies of court decisions defining or illustrating their scope.

Article 1(c) and (d). Sentences of imprisonment involving compulsory labour as a punishment for breaches of labour discipline or for participation in strikes. In the comments that it has been making for a number of years, the Committee has drawn the Government’s attention to the need to amend sections 364 and 197(4) of the Penal Code. Under the terms of section 364, any official or any person in charge of a public service who leave their work, even after having resigned, if this might paralyse the public service, is liable to a sentence of imprisonment. Under section 197(4) of the Penal Code, imprisonment (involving the obligation to work) may be imposed as a punishment for stoppages or disruptions in public services, bodies or establishments, state industrial installations or public establishments of importance to the national economy. The Committee also noted the Government’s indication in its earlier reports that state officials and public sector workers did not have the right to strike and that section 197(4) was applied in a broad range of industrial activities and installations.

In its latest report, the Government indicates that measures would be taken in this respect in the context of the adoption of new legislation.

The Committee trusts that the Government will take all the necessary measures to amend the above provisions so as to ensure that no sentence of imprisonment involving compulsory labour may be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes.