Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Iraq (Ratification: 1959)

Article 1(a), (c) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views. For a number of years, the Committee has been drawing the Government’s attention to a number of provisions of the national legislation which are worded in such wide and general terms that they may lead to the imposition of penalties involving compulsory labour as a means of punishment of the peaceful expression of views or views that are critical of government policy and the established political, social or economic system.

In this regard, the Committee takes note of the Government’s indication that Act No. 1 of 1960 respecting societies has been repealed by Law No. 13 of 2000, which in turn has been repealed by Law No. 12 of 2010 relating to non-governmental organizations. The Committee takes due note that Law No. 12 of 2010 does not provide for penalties of imprisonment for violation of its provisions, and therefore has no bearing on the observance of the Convention.

The other provisions in question are the following:

• section 16 of Law No. 206 of 1968, which provides for a penalty of imprisonment (for a maximum period of 30 days) or to a fine or both, for the publication in the press of prohibited material, such as those which are harmful to the authorities and which propagate certain ideas;
• 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 Government specifies that section 4 punishes persons who threaten the safety of the nation to hard labour for life, or to temporary hard labour or to detention; and those who corrupt the regime to temporary hard labour, detention, a fine, or to either penalty.

Penal Code:

• 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);
• 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);
• section 225 under which insults against the authorities are punishable with sentences of imprisonment (of seven years or to detention; and
• sections 197(4) and 364 (paralysing the public service, stopping and disturbing public services).

The Committee observes that the Government provides general information on the content of some of these provisions, but no information on their application in practice that would permit the Committee to assess their scope. The Committee recalls that these provisions may lead to restrictions on the exercise of certain civil rights and public freedoms through which citizens express their views, which are enforceable with penalties of imprisonment, involving an obligation to work under sections 87 and 88 of the Penal Code.

Additionally, the Committee takes note of a 2021 report by the UN Assistance Mission for Iraq (UNAMI) which documents a concerning pattern of individuals being targeted for reporting on or criticizing the actions of the public authorities in the Kurdistan Region of Iraq. Additionally, following his visit to Iraq in August 2023, the United Nations High Commissioner for Human Rights expressed concern that a series of actions taken by people in positions of power, for example bringing defamation suits against journalists and civil society actors, have created a chilling effect of freedom of expression in the country (“UN Human Rights Chief ends visit to Iraq, OHCHR, 9 August 2023). The Committee notes in this regard that the UNAMI Human Rights Office is in the process of facilitating a dialogue on the promotion of freedom of expression in the country through a series of consultative discussions (UNAMI website, 13 June 2024).

The Committee recalls that Article 1(a) of the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social, or economic system by prohibiting their punishment with penalties which involve compulsory labour, including sentences of imprisonment that entail compulsory labour. The Committee expresses the hope that, in the framework of the dialogue on the promotion of freedom of expression and of any legislative reform in this regard, the Government will take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to or inciting to violence, express political opinions or views opposed to the established political, social or economic system. The Committee requests the Government to provide information in this regard, as well as on the application in practice of the abovementioned provisions of Law No. 206 of 1968, Law No. 7 of 1958, and of the Penal Code, including information on any relevant court decisions, if any, and with details of the facts giving rise to the convictions.