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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Iraq (Ratification: 1959)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. National extraction and social origin. In its previous comment the Committee requested the Government to clarify whether the term “origin”, referred to in section 1(25) of the Labour Law No.37/2015, covers the concept of “social origin” contained in the Convention. In its report, the Government explains that the term “origin” is mentioned in a general manner, and there is no detailed description thereof. The Committee accordingly asks the Government to provide information on any interpretation concerning the term “social origin” by the judicial authorities and, if so, to provide a summary of the decision(s). The Committee also asks the Government to indicate the steps taken to ensure protection against direct and indirect discrimination in employment and occupation, based on a worker “national extraction” or “social origin”.

Discrimination based on sex. Sexual harassment. Previously the Committee had asked the Government to provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation. The Government indicates that Labour inspectors were trained on all matters related to the implementation of the survey which was being developed to monitor cases of discrimination in employment and occupation and stresses that there is a hotline to receive complaints from workers, including complaints related to harassment. The Committee observes that it is not clear whether these measures are taken specifically to prevent and address sexual harassment in employment and occupation. The Committee therefore asks againthe Government to provide information specifically on: (i) the measures taken in practice to prevent and address sexual harassment in employment and occupation; and (ii) any complaints of sexual harassment filed with the labour court, or with other complaint mechanisms, as well as any sanctions imposed.

Article 1(1)(b). Additional grounds of discrimination. Disability.The Committee again asks the Government to provide information on any measures taken to facilitate vocational training and promote employment opportunities of persons with disabilities (such as for example, the legally mandated 5 per cent public sector quota for people with disability), both in the private and public sectors, in the framework of Law No. 38 (2013) on the Care of Persons with Disabilities and Special Needs. Additionally, it asks the Government to communicate statistical data on the number of people with disabilities in the country and their employment rate.

Enforcement. The Committee notes from the Government’s indication that nine cases of discrimination in employment and occupation were detected through inspections and forwarded to the Labour Court. The Committee observes that no information is provided on the outcome of these cases. The Committee asks the Government to provide detailed information on: (i) any cases of discrimination in employment and occupation dealt with by the labour inspectors, the courts, or any other competent authority (such as the Iraqi High Commission for Human Rights), the penalties imposed, and the remedies granted; and (ii) on any specific activities undertaken to raise awareness of the relevant legislation, and to enhance the capacity of the responsible authorities (labour inspectors, judges, and other public officials), to identify and address such cases.