Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Iraq (Ratification: 2018)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2025, which reiterate the comments made at the discussion held in the Committee on the Application of Standards of the International Labour Conference (the Conference Committee) in June 2025 on the application of the Convention by Iraq. It further notes the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025, relating to matters addressed below.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, June 2025)

The Committee notes the discussion that took place in the Conference Committee in June 2025 concerning the application of the Convention by Iraq. The Committee notes that the Conference Committee noted with concern the actions against representatives of workers’ and employers’ organizations and took note of the ongoing legislative reforms in the country that can prevent acts of intimidation against social partners.

The Committee observes that the Conference Committee urged the Government to take, in consultation with the social partners, effective and time-bound measures to:

• conclude the ongoing legislative reforms, ensure an environment conducive to freedom of association and ensure that there are dissuasive actions against those violating the law; and
• provide detailed information on the cases and respective results presented before national courts against the leaders and representatives of the independent trade union federations.

The Conference Committee requested the Government to continue to avail itself of ILO technical assistance to effectively implement all of its recommendations, and to provide a detailed report on the measures taken to implement the above recommendations in line with the Convention by 1 September 2025.

The Committee notes that the Government reiterates its constitutional commitment to protecting freedom of association as a fundamental right. The Committee welcomes the establishment of the National Social Dialogue Forum of Iraq aiming to promote social dialogue, develop labour legislation aligning with international standards, promote the freedom of trade unions and supporting their independence, and enable trade union participation in policymaking.

Exercise of trade union rights and civil liberties. Police violence against protesting workers. The Committee notes the ITUC’s observations on the alleged violence against contract oil workers involved in peaceful protests. The ITUC alleges that the striking workers, supported by the General Federation of Oil, Gas and Petrochemical Unions in Iraq (GFOGPUI), the General Union of Oil Workers and the General Union of Energy in Iraq, were confronted and injured by Iraqi police forces with rubber bullets and electric batons. The Committee further notes the allegation that several protesting workers were arrested by the police. The Committee recalls that the rights of workers’ and employers’ organizations can only develop in a climate free from violence, pressure and threats of any kind, and that authorities should resort to the use of force only in exceptional situations where there is a serious threat to public order (2012 General Survey on the fundamental Conventions, para. 149). The Committee requests the Government to provide its comments in this respect, and to take all necessary measures to protect workers’ trade union rights and their right to protest peacefully without violence or threats of arrest. It further requests the Government to provide information on all steps taken or envisaged in this regard.

Legislative reforms. In its previous comment, the Committee recalled that the direct contacts mission, which took place in May 2023, identified two priorities: (i) the swift adoption of new legislation ensuring compliance with Conventions Nos 87 and 98 to replace Law No. 52 of 1987 on Trade Unions; and (ii) active and constructive engagement between the Government and the social partners, with a view to ensuring that pending the entry into force of the new law, all trade unions and their leaders can exercise the rights enshrined in the Conventions without fear or constraint. The Committee also recalled that the direct contacts mission, in view of the realization of these two priorities, proposed a road map involving the active support of the Office and providing for, inter alia: (i) the establishment of a tripartite technical committee for the elaboration of the new draft Law on Trade Unions; and (ii) the strengthening of the “Coordination Council”, which is tasked with consultation and resolution of conflicts and problems affecting trade union action. The Committee noted the Government’s indication that the observations resulting from a workshop conducted in Geneva in September 2024 to discuss the new draft will be submitted to the House of Representatives and discussed with all parties concerned with a view to the enactment of the new law and the repeal of Law No. 52 of 1987.

The Committee welcomes the Government’s indication that it set up a committee pursuant to Ministerial Order No. 1405 of 10 July 2025, thereby re-establishing the committee responsible for reviewing the draft Bill on trade union organizations for workers and employees prepared by the Labour and Civil Society Organizations Committee consisting of representatives of the Government, civil society and trade union organizations and federations. The Government indicates that trade union organizations participated in the discussion of the draft Bill, and their agreement and inputs were obtained at every stage in full trust and transparency. The Government indicates that once adopted, the new law will constitute a fundamental step towards compliance with International Labour Standards and will address the issues previously raised by the Committee. The Committee firmly expects that this will lead to the adoption, in the near future, of a law on trade unions which will take full account of the Conference Committee’s conclusions and this Committee’s comments, including its request to ensure that the new legislation:

• fully recognizes trade union rights of public servants and trade union pluralism;
• recognizes trade union rights of foreign workers;
• does not restrict the right to form trade unions to certain professions (the only possible exception being the armed forces and the police);
• ensures that the minimum membership requirement for establishment of trade unions is set at a reasonable level;
• recognizes the right of workers to set up independent organizations at all levels; and
• respects the autonomous functioning of these organizations.

The Committee requests the Government to provide a copy of the law once adopted.

Prosecution of union leaders for collection of union dues. The Committee previously noted the allegations of the Federation of Iraqi Trade Unions (IFTU) that several complaints had been filed by the President of the General Federation of Iraqi Workers (GFIW), the monopolistic confederation under the 1987 law, against six trade union leaders and representatives before the Court of Inquiry of the Federal Commission of Integrity (“Nazaha”), accusing them of illegally raising funds as part of their collection of trade union dues. Welcoming the functioning of the “Coordination Council” addressing practical difficulties arising from the exercise of trade union rights, the Committee firmly expected that no trade union member or leader would be subject to arrest, detention or criminal prosecution for their legitimate trade union activities and requested the Government to provide information on the outcome of the proceedings concerning the six union leaders referred to in the observation of the FITU. The Committee notes the Government’s indication that the Ministry of Labour and Social Affairs has issued letters of non-interference in trade union organizations and federations and prohibition of measures liable to restrict or interfere with their activities and internal affairs. The Committee welcomes the Government’s indication that cases against Messrs Ahmad Rabah Mahdi, Muhammad Sadun Falih Jabbar, Ali Rahim Ali, Karim Lafta Sandal, Hasan Sad Jamil, Adnan Abdulhalim and Walid Nimah Faris, and Ms Yusra Amir Al-Hashimi and Ms Yusra Amir Yasir were closed due to insufficient evidence relating to the charges filed against them. With reference to the conclusions ofthe Conference Committee, which noted with concern the actions against representatives of workers’ and employers’ organizations and took note of the ongoing legislative reforms in the country that can prevent acts of intimidation against social partners, this Committee also urges the Government to take, in consultation with the social partners, effective and time-bound measures to conclude the ongoing legislative reforms, ensure an environment conducive to freedom of association and ensure that there are dissuasive actions against those violating the law. The Committee requests the Government to provide information on all developments in this regard. The Committee further requests the Government to provide information on the functioning of the “Coordination Council”, including on measures taken to strengthen it as per the direct contacts mission’s proposal.