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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Iraq (Ratification: 1962)

The Committee recalls that following its June 2022 discussion on the application of the Convention in Iraq, the Committee on the Application of Standards of the International Labour Conference (hereinafter the Conference Committee) invited the Government to accept a direct contacts mission. The Committee notes that the mission took place in May 2023 and that, after noting the Government’s firm commitment to bring national law and practice into conformity with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), it identified two priorities: (i) the swift adoption of new legislation ensuring compliance with this Convention and Convention No. 87 to replace Act No. 52 of 1987 on trade union organization; 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 are able to exercise the rights enshrined in the Conventions without fear or constraint. The Committee notes that the direct contacts mission, with a view to ensuring the achievement of these priorities, proposed a road map involving the active support of the Office and including provision for the establishment of a tripartite technical committee for the development of the new draft law on trade unions. In this regard, the Committee notes that: (i) while in its previous comment it examined a draft law on trade unions prepared by the Ministry of Labour and Social Affairs, a new draft law developed by the Labour Committee of the Chamber of Representatives was now focusing the attention of the various partners involved in the reform and gave rise to a technical opinion from the Office in August 2024; and (ii) a delegation, the composition of which reflected the recommendations made in the direct contacts mission road map (involving, in particular, the three main components of the country’s trade union movement) went to ILO headquarters in Geneva in September 2024 to discuss this draft law and the corresponding opinions of the Office. The Committee welcomes the continued collaboration of the Government and the Chamber of Representatives with the Office. The Committee hopes that this will result in the adoption in the near future of a law on trade unions that will take fully into account its comments as well as the Office technical guidance in order to ensure the compliance of the national legislation with Conventions Nos 87 and 98.

Civil liberties. The Committee, having recalled the interdependence between trade union rights and civil liberties, requested the Government to take all measures necessary to ensure that trade unions, their leaders and members are able to exercise their rights under the Convention with full respect for their civil liberties. The Committee refers in this regard to its comments under Convention No. 87.

Trade union monopoly. Recalling that the possibility for workers of choosing the trade union which represents them is an important element of the principle of free and voluntary collective bargaining, the Committee expressed the hope that any remaining obstacle to the possibility of trade union pluralism would soon be removed from the legislation. The Committee also refers in this regard to its comments under Convention No. 87.

Scope of the Convention. Public sector. In its previous comments, the Committee requested the Government to ensure that all public servants not engaged in the administration of the State benefit from the rights enshrined in the Convention and to specify the legislative texts in which such rights are recognized. The Committee also requested the Government to clarify whether Revolutionary Council Resolution No. 150 of 1987 (which, according to the International Trade Union Confederation (ITUC), prohibits the establishment of public sector trade unions) remained in force, and, if so, to ensure that the content thereof was in line with the requirements of the Convention. The Committee notes the Government’s indication that: (i) resolution No. 150 of 1987 remains in force; and (ii) the issue of the enjoyment of the rights contained in the Convention for the public servants in question will be discussed in the context of the preparation of the draft law on trade unions. While recalling that Convention No. 87 covers all public servants, regardless of whether they are engaged in the administration of the State, the Committee emphasizes the importance of taking the necessary measures to ensure that, in law and in practice, all public servants not engaged in the administration of the State are accorded the rights enshrined in the present Convention, which also have regard to the right to collective bargaining. The Committee requests the Government to provide information on the measures taken in this respect.

Articles 1, 2, 4 and 6 of the Convention. Legislative reform. In its previous comment, the Committee noted the content of the draft law on trade unions developed by the Ministry of Labour and Social Affairs and welcomed, in particular, the aspects relating to: (i) the guarantee of the right to establish and join trade union organizations, without any kind of discrimination; (ii) the extension of the right to organize to all sectors, subject to the provisions of section 3(2)(1) of the draft law; and (iii) the penalties applicable in the event of anti-union dismissal (including reinstatement) and the specific prohibition of acts of interference, for which there is no provision in the 2015 Labour Code.

At the same time, the Committee emphasized that it was important for the future legislation to: (i) remove any remaining obstacle to the possibility of trade union pluralism from the legislation; (ii) recognize the rights enshrined in the Convention for all workers in the private and public sectors covered by the Convention (while recalling as indicated above that Convention No. 87 also covers public servants engaged in the administration of the State); (iii) expressly prohibit all types of discriminatory measures based on trade union membership or trade union activities, at all stages of the contractual relationship (including hiring), as well as effectively impose sufficiently dissuasive penalties; (iv) make provision for swift and effective remedies concerning acts of interference; (v) create a legal framework, including through the establishment of quantitative and qualitative criteria for representativeness, that allows the free and voluntary exercise of the right to collective bargaining and the promotion thereof, since although Chapter 15 of the Labour Code is on collective bargaining, no collective agreements have yet been concluded in the country.

With respect to all these various points, the Committee notes the Government’s indication that the observations from the seminar on the draft law on trade unions, held in Geneva in September 2024, will be communicated to the Chamber of Representatives and discussed, with all parties concerned, with a view to the adoption of the law. The Committee also notes the Government’s indication that the new draft law provides for the repeal of Act No. 52 of 1987 on trade union organization. While also referring to its comments under Convention No. 87, the Committee trusts that these various points will be fully taken into account in the current legislative reform process and requests the Government to provide information in this regard.

Promotion of collective bargaining. The Committee notes the Government’s request for technical assistance from the Office with regard to the organization of a seminar on collective bargaining. Having noted in its previous comment the complete absence of collective agreements in force in the country, the Committee strongly encourages the Government to carry out, with the technical assistance of the Office, awareness-raising and promotional activities on collective bargaining in the private and public sectors covered by the Convention, with all relevant stakeholders. The Committee requests the Government to provide information in this regard.