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

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Iraq (Ratificación : 2018)

The Committee recalls that following its June 2022 discussion concerning the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) by Iraq, the Conference Committee on the Application of Standards invited the Government to accept a direct contacts mission, which took place in May 2023. The direct contacts mission, noting the firm commitment of the Government to bring national law and practice into conformity with Conventions Nos 87 and 98, identified two priorities: (i) the swift adoption of new legislation ensuring compliance with these Conventions 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 recalls 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 notes in this respect that while it examined in its previous comment a draft Trade Union Act prepared by the Ministry of Labour and Social Affairs (the Ministry), a new draft prepared by the Labour Committee of the Chamber of Representatives has since then been circulated among the various stakeholders involved in the reform and gave rise to technical comments from the Office in August 2024. The Committee further notes that a delegation, whose composition included representatives of three trade union federations, attended a workshop in Geneva in September 2024 to discuss the new draft and the corresponding technical comments of the Office. In this respect, the Committee takes note of the Government’s indications that the observations resulting from the workshop will be submitted to the House of Representatives and discussed with all the parties concerned with a view toward the enactment of the Act and the repeal of Law No. 52 of 1987 on Trade Unions. The Committee welcomes the continued collaboration of the Government and the House of Representatives with the Office. The Committee 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 Committee’s comments, including its request to ensure that the new legislation fully recognizes the trade union rights of public servants and trade union pluralism, as well as reflecting the Office’s technical guidance in order to ensure that the law 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 expects that these points will be duly taken into account in the reform of the legislation so as to ensure its conformity with the Convention and 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 observations of the Federation of Iraq Trade Unions (FITU), alleging that the president of the General Federation of Iraqi Workers (GFIW), the monopolistic confederation under the 1987 law, had filed several complaints against the leaders and representatives of six independent federations, including the FITU, before the Court of Inquiry of the Federal Commission of Integrity (“Nazaha”). The FITU alleged that six trade union leaders were summoned to the Court in relation to their legitimate trade union activity and were accused of illegal raising of funds; were subjected to investigation and finally released on bail pending trial. The FITU alleged that these proceedings constituted a serious threat to the union leaders, putting them at risk of long prison sentences and fines. Furthermore, the Court may order the closure of the federations. The Committee noted that the complaint against the six union leaders concerned the collection of union dues by the federations. Welcoming the functioning of the “Coordination Council” that can address practical difficulties arising from the exercise of trade union rights, including inter-union disputes, 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 that the Government does not provide information concerning the proceedings but points out that it maintains an impartial stance towards all union organizations. The Committee further notes the Government’s indication that it will take the required action under the new Trade Unions Act when the new draft is enacted. The Committee must therefore reiterate its request and expects the Government to provide detailed information on the outcome of the proceedings concerning the six union leaders referred to in the observations of the FITU.