Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Iraq (Ratification: 1962)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its earlier comments, the Committee noted the adoption of Anti-Trafficking Law No. 28 of 2012, which contains a detailed definition of the constitutive elements of the crime of trafficking in persons, criminalizes trafficking in persons for sexual exploitation and forced labour, and establishes prison sentences of up to 15 years. The Committee noted that, according to the 2015 concluding observation of the United Nations (UN) Human Rights Committee, trafficking in persons and forced labour remain significant problems in Iraq. The Human Rights Committee recommended that the Government ensure that all cases of human trafficking and forced labour are thoroughly investigated; that perpetrators are brought to justice; and that victims receive full reparation and means of protection, including access to adequately resourced shelters. It should also adopt the measures necessary to guarantee that victims, in particular of trafficking for the purpose of sexual exploitation, are not punished for activities carried out as a result of having been subjected to trafficking.

The Committee notes the Government’s indication in its report that pursuant to section 6 of the Labour Code of 2015, forced labour in all its forms, including trafficking in persons and slavery, is prohibited. The Government also refers to the Anti-Trafficking Law No. 28 of 2012, under which sexual exploitation and forced labour are punishable with imprisonment of up to 15 years. The Committee notes the absence of information in the Government’s report on the measures taken to combat trafficking in persons and protect victims of trafficking. The Committee notes, moreover, that according to several reports of the United Nations, including the UN Human Rights Council, in June 2016 (A/HRC/32/CRP.2, paragraphs 54–126), there is a significant level of trafficking of Yazidi women and girls for both sexual and labour exploitation in the country. The Committee also observes that in its Resolution No. 2388 of 2017, the Security Council reiterates its condemnation of all acts of trafficking, particularly the sale or trade in persons undertaken by the Islamic State of Iraq and the Levant (ISIL, also known as Da’esh), including of Yazidis and other persons belonging to religious and ethnic minorities (S/RES/2388, paragraph 10). While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee once again urges the Government to take the necessary measures to prevent, suppress and combat trafficking in persons. In this regard, the Committee once again requests the Government to provide information on the application in practice of Anti-Trafficking Law No. 28 of 2012, indicating the number of investigations and prosecutions carried out, and the specific penalties applied. Finally, the Committee requests the Government to provide information on the measures taken to protect victims of trafficking.

The Committee is raising other matters in a request addressed directly to the Government.