Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Iraq (Ratification: 2001)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. All forms of slavery and practices similar to slavery. Compulsory recruitment of children for use in armed conflict. The Committee notes with regret that the Government’s report does not contain information on the Committee’s previous request for information on the measures taken to ensure the adoption of the law prohibiting the recruitment of children under 18 years of age for use in armed conflict, nor on any investigations and prosecutions conducted of persons who have previously recruited children under 18 years of age for that purpose.

The Committee notes the Government’s reference, in its report, to section 9(1)B of the Constitution, which prohibits the formation of military militias outside the framework of the armed forces. The Committee notes that, according to the report of the United Nations Secretary-General (UNSG) on children and armed conflict in Iraq of 26 January 2022, the recruitment and use of children has decreased considerably, with the recruitment of one child of 15 years by the Popular Mobilization Forces being verified, as opposed to the 296 verified cases in the previous report (S/2022/46, paragraph 27). According to the report of the UNSG on children and armed conflict of 23 June 2022, no cases of the recruitment and use of children were verified during the reporting period, while the recruitment and use of one boy by Da’esh (in 2017) was verified in 2021 (A/76/871-S/2022/493, paragraph 70). Moreover, following her visit to the country in January 2024, the United Nations Special Representative of the Secretary-General for Children and Armed Conflict commended the progress made by the Iraqi Government on the protection of conflict-affected children and welcomed the signing, in March 2023, of the action plan to end and prevent the recruitment and use of children by the Popular Mobilization Forces.

The Committee welcomes the progress made by the Government to put a stop to the forced recruitment of children under 18 years of age into armed forces and armed groups, and requests it to continue providing information in this regard. To that end, it urges the Government to: (i) take the necessary measures to ensure that the law prohibiting the recruitment of children under 18 years of age for use in armed conflict is adopted, and ensure that the law establishes sufficiently effective and dissuasive penalties; and (ii) take immediate and effective measures to ensure the thorough investigation and prosecution of all persons, including members in the regular armed forces, who have previously recruited children under 18 years of age for use in armed conflict. It requests the Government to provide information on the number of convictions and penalties applied in this regard. Finally, the Committee requests the Government to provide information on the implementation of the action plan to end and prevent the recruitment and use of children by the Popular Mobilization Forces and other armed groups, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes with regret that the Government does not provide information on the results achieved through the projects and programmes aiming to provide access to basic education for all children, which the Committee took note of in its previous comments. It notes, from the 2022 UNICEF in Iraq Annual Report, that 28 per cent of girls and 15 per cent of boys of lower secondary school remain out of school, and 46 per cent of children do not complete lower secondary school.

The Committee notes, from the Annual Report, that the Government is taking many measures for education with the support of UNICEF. Among others, the “national vision for education” was consolidated through a draft education strategy supported by UNICEF and its partners, with a view to guiding national efforts to ensure that all children in Iraq have the opportunity to access quality education. In addition, four governorates developed education sector plans and four more updated their plans to guide education services and planning for children and address climate change impacts. Moreover, UNICEF brought more than 28,000 children excluded from learning, back into education, including children who were out of school, in humanitarian situations, suffered learning loss, or girls at risk of not transitioning to secondary school. In the Kurdistan Region of Iraq (KRI), the Refugee Education Integration Policy integrated refugee children into the public education system, while the “Back2Learning” campaign encouraged children to return to school in two Federal Iraq governorates.

The Committee also notes the Government’s information regarding the new measures taken to improve access to free basic education. Among these are: (1) the expansion of informal education (accelerated and for young persons) for the purpose of educating children who have missed school or dropped out; (2) the adoption of the Law on Student Grants; (3) the adoption of the food programme for primary level students; and (4) the implementation of the pilot programme for conditional assistance, according to which a lump sum is allocated to children from poorer families to encourage the continuation of their education.

The Committee strongly encourages the Government to continue to take the necessary measures to improve access to free basic education for all children, particularly girls, children in rural areas and in areas affected by the conflict. It requests the Government to provide information on the results achieved through the implementation of projects adopted with UNICEF support, as well as of the social protection measures taken by the Government, particularly with respect to increasing the school enrolment and completion rates and reducing school drop-out rates so as to prevent the engagement of children in the worst forms of child labour.

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.Children in armed conflict. Following its previous comments, the Committee notes with deep concern that, according to the report of the UNSG on children and armed conflict in Iraq of 26 January 2022, a total of 1,091 children (1,048 boys and 43 girls) were held in detention by Iraqi security forces on national-security-related charges, including for their alleged association with armed groups, primarily Da’esh, compared with 778 children at the end of June 2019 (S/2022/46, paragraph 25). Most of the detained children were boys aged between 15 and 18 years; some children were as young as 9 years old. According to the report of the UNSG on children and armed conflict of 23 June 2022, the number of children detained on such charges represented an increase from the previous reporting period (A/76/871-S/2022/493, paragraph 79). The UNSG called for the release of these children to child protection actors and encouraged the Government to facilitate the reintegration of all children affected by armed conflict.

The Committee notes the Government’s reiteration that a Supreme National Committee (SNC) was established to follow up on violations to which a child is exposed or deprived from his rights as a result of armed conflict. The SNC is currently working on a plan of action with the United Nations Assistance Mission for Iraq (UNAMI) to identify the obligations incumbent on both parties so as to take Iraq off the list of countries that violate children’s rights, based on the reports of the UNSG for Children and Armed Conflict.

The Committee once again strongly urges the Government to take the necessary measures to ensure that children removed from armed groups are treated as victims rather than offenders. It once again urges the Government to take effective and time-bound measures to ensure that children who have been withdrawn from armed groups are rehabilitated and socially integrated. In this regard, it once again requests the Government to provide information on the activities of the Supreme National Committee and the results achieved, in terms of the number of children removed from armed groups and socially integrated.

The Committee is raising other matters in a request addressed directly to the Government.