Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Iraq (Ratificación : 2001)

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Sale and trafficking of children and penalties. Following its previous comments, the Committee observes that, while the Anti-Trafficking Act No. 28 of 2012 prohibits the sale and trafficking of persons (section 1) and increases the penalty in cases where the victim is under 18 years of age (section 6(1)), it fails to exclude the need to prove means, as provided in section 1 of the law, in the case of the trafficking of children. The Committee emphasizes that the sale of trafficking of children under the age of 18 for the purpose of commercial sexual or labour exploitation must be prohibited regardless of whether the child has been forced into trafficking, and that he or she must be treated as a victim and therefore cannot legally consent to his or her own exploitation.

In this regard, the Committee notes that, according to press releases dated February 2020 to July 2023, available on the website of the United Nations Office on Drugs and Crime (UNODC) Regional Office for the Middle East and North Africa (ROMENA), the Government is implementing measures in collaboration with UNODC, under the Global Action Against Trafficking in Persons and the Smuggling of Migrants project (GLO. ACT). These include measures to strengthen the legislative framework on trafficking and to improve its application through capacity-building for police and judicial investigators. The Committee requests the Government to indicate the measures taken to ensure that the definition of child trafficking excludes the need to prove means, thus ensuring that children who have been trafficked are always treated as non-consenting victims. It also requests the Government to indicate the measures taken, in the framework of the GLO.ACT or otherwise, to ensure that thorough investigations and prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with section 6(1) of the Anti-Trafficking Law. It once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 5. Monitoring mechanisms.Trafficking. The Committee once again notes with regret the absence of information regarding the inter-ministerial committee to combat the trafficking of children. It takes note of the information shared in the Government’s report under the Forced Labour Convention, 1930 (No. 29) regarding the measures taken to prevent and combat human trafficking, and protect its victims, including the establishment of the Central Committee on Combatting Human Trafficking and Relevant Authorities (CCCHT), whose officials will be empowered to conduct investigations and bring victims to safe homes for support. The Committee requests the Government to provide information on the activities carried out by the CCCHT, and the results achieved in terms of number of child victims of trafficking identified and brought to safe homes.

Labour inspectorate.As regards the activities of the labour inspectorate relating to children engaged in hazardous work, the Committee refers to its comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking of children. The Committee notes with regret the absence of information on the activities of the state-run shelter named “Bayt Al Aman”, established in Bagdad to provide support to trafficked victims, including children. It notes that, in the framework of the GLO.ACT, on the elaboration of Standard Operating Procedures (SOPs) for law enforcement authorities are ongoing, including those of the Kurdistan Region, which would include chapters on identification victim protection and assistance, case management, and review mechanisms. The Committee requests the Government to provide information on the elaboration and adoption of the SOPs, and on their impact on the protection, rehabilitation and social integration of child victims of trafficking. It also once again requests the Government to provide information on the number of child victims of trafficking who have been rehabilitated and reintegrated, including by the “Bayt Al Aman” shelter.

Sexual slavery. The Committee notes with regret the absence of information in the Government’s report regarding the practical measures taken or envisaged to identify and remove children from sexual slavery. The Committee requests the Government to indicate whether child sexual slavery still exists in Iraq and, if so, to provide information on the incidence of this scourge in the country. It also requests the Government to provide information on the effective and time-bound measures taken to ensure the rehabilitation and social integration of children who are, or have been, victims of sexual slavery.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children. Following its previous comments, the Committee that the Special Rapporteur on the human rights of internally displaced persons (IDPs), in her report of 13 May 2020 following her visit to Iraq, describes in detail the situation of internally displaced children in Iraq as one of the most tragic legacies of the conflict against ISIL (Da’esh) (A/HRC/44/41/Add.1, paragraphs 42–50). The Special Rapporteur indicates that many displaced and returnee children bear the burden of working and providing for themselves and their families and that many have acute needs, lack access to basic services and education, and have little prospect of future educational and livelihood opportunities. The extent to which internally displaced children inside and outside camp settings are deprived of education is extremely concerning. Children out of school are also at a higher risk of exploitation and abuse. The Special Rapporteur calls for government policies, including the national child protection policy, to be strengthened to ensure that displaced children have access to civil documentation, food, shelter, education and health care, including psychosocial care, and that conditions are in place for their safe, voluntary and dignified return.

The Committee notes in this regard that the Government, with ILO collaboration, is implementing the project on tackling the worst forms of child labour among IDPs, refugees and vulnerable host communities in Iraq, funded by the European Regional Development and Protection Programme for Lebanon, Jordan and Iraq (RDPP II). The overall objective of the project is the substantial reduction of the worst forms of child labour among these categories of vulnerable children (1,500 children below the age of 18 targeted for support and rehabilitation). Vulnerable children and their families will be better protected through a coherent and effective policy framework, and national and local capacities to address the worst forms of child labour will be enhanced. In particular, the Child Labour Monitoring System (CLMS) should contribute to identifying vulnerable children from host, refugee and internally displaced communities at risk of or already in child labour and provide them with the needed protection and support. The Committee strongly encourages the Government to continue to take effective and time-bound measures to protect internally displaced children and other vulnerable children from host and refugee communities. In this regard, it requests the Government to provide information on the results achieved in the framework of the RDPP II and by the CLMS, indicating the number of children who have benefited from the measures taken and have been provided with support.