Cas individuel (CAS) - Discussion : 2025, Publication : 113ème session CIT (2025)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Iraq (Ratification: 2018)

Written information provided by the Government

Under Diwani Order No. 8 of 2024, a competent committee was formed under the chairmanship of the Director-General of the Legal Department at the Ministry of Labour and Social Affairs (MOLSA). It includes members from a number of the relevant authorities, as well as the Committee of Labour and Civil Society Organizations of the Iraqi Parliament, a representative of the Council of State, representatives of trade unions and professional federations and representatives of the Ministry’s departments. The committee shall prepare the final version of the draft Law on Trade Unions.

The Trade Union Council was formed to represent all trade union organizations without any discrimination and address courts in the event of complaints by trade unionists, ensure freedom of labour and provide information on the role of MOLSA.

Trade union organizations in different domains participate in the International Labour Conference as part of the official delegation of the Republic of Iraq and in all activities organized by MOLSA and carried out by an organization in coordination with the Ministry. The Minister of Labour participates in all activities organized by trade union organizations.

Trade union organizations actively participate in the discussions on the draft Law on Trade Unions. Their views regarding the draft Law are heard and their observations are taken into account in accordance with the provisions of the Convention, which Iraq acceded to by Law No. 7 of 2017, in the best interests of trade union organizations.

Trade union federations participated in workshops held by the ILO to discuss the draft Law on Trade Unions in Erbil. Interactive dialogue between MOLSA and trade union organizations continues.

Discussion by the Committee

Chairperson – I have the honour to give the floor to the distinguished representative of the Government of Iraq, the Director-General of Labour, Ministry of Labour and Social Affairs.

Interpretation from Arabic: Government representative – It is a great honour for the Republic of Iraq to make the statement before this Committee. It is an embodiment of our commitment to the implementation of the provisions of the Convention, which is one of the pillars of this organization and especially when it comes to social justice.

Let me start by saying how surprised we are at having my country included on the short list in spite of the continued contact with the ILO and the efforts made to develop a new draft Trade Union Law in line with international standards.

I would like to highlight the meeting that was held in Baghdad on 27 April 2024 between the Prime Minister of Iraq, the Minister of Labour and Social Affairs and the ministerial team that accompanied them, with the Director-General of the ILO and the accompanying team from the regional office and the country office. During this meeting, several important topics were discussed, foremost among them the issue of freedom of association. The Prime Minister emphasized the importance of leveraging the ILO’s expertise to develop a new labour law. This was translated into actions which led to a study visit by the delegation of Iraq to the ILO in April 2024. Prior to this, a number of workshops and meetings were held between the Ministry of Labour and Social Affairs (MOLSA), the social partners, the World Commission, civil society organizations and a parliamentary group. These engagements ensured sufficient time for thorough discussions, with the goal of producing a draft law aligned with international standards.

Let me first address the international and constitutional grounds for Iraq’s commitment. We are fully committed to the implementation of the Convention in accordance with the 2005 Constitution of Iraq. Article 22, paragraph 3, of the Constitution provides that: “The State shall guarantee the right to form and join unions and professional associations, and this shall be regulated by law.” This provision reflects a constitutional commitment to respect the rights of citizens in line with international standards, particularly those set out in the Convention and in the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Second, I would like to outline the legislative and institutional developments aimed at ensuring compliance with international labour standards. The Ministry of Labour and Social Affairs, in cooperation with the Labour Committee, several civil society organizations and the relevant parliamentary committee, has initiated the drafting of a new law to replace Law No. 52 of 1987.

The first reading of the draft Law in Parliament started on 29 April 2024, followed by the second reading which came in on 4 January 2025. We are currently in the process of introducing amendments to the draft in response to the technical observations raised by the ILO. Among the fundamental amendments proposed in the new draft are the following: respect for workers’ rights to set up unions and the principle of freedom of association, without interference from public authorities; the recognition of trade union pluralism, allowing for the existence of multiple unions; and establishment of fair and transparent standards for trade unions, in accordance with Article 2 of Convention No. 87, and granting the unions the freedom to adopt their own internal rules and procedures.

As a third point, we are in the process of setting up a Trade Union Council, and we have the following bodies which will come under the umbrella of this council. First, the General Federation of Iraqi Workers, the Union of Trade Unions of Iraq, members of work sectors in Iraq, including petrochemicals and oil, the Central Union for Trade Workers in Iraq, the General Union for Workers and Employers in Iraq, the General Federation of Workers, the Union of Councils in Iraq, the National Union of Trade Unions in Iraq, the Union of Technical Engineering Professionals in Iraq, and other professional independent professional organizations in Iraq. To ensure alignment with international Conventions and to strengthen trade union independence, we are working to promote effective consultation and coordination. This includes addressing key issues such as union representation, relevant legislation and the reinforcement of social dialogue grounded in the principles of tripartism. These steps are designed to uphold the provisions of Convention No. 87 and ensure clear and inclusive representation of all sectors.

Fourth, I want to mention that, linked to the enhancement of social dialogue, a comprehensive road map has been developed. This road map aims to improve the legislative review process, strengthen tripartite cooperation and organize specialized training programmes to empower trade unions in managing their internal affairs. A few collaborative platforms have been established in partnership with the ILO to support these efforts.

There have been several exchanges of visits between experts from Iraq and the ILO, the most recent of which was conducted in September 2024. This visit was led by the Minister of Labour and Social Affairs and a number of parliamentarians and union leaders. In parallel, national efforts, supported by the ILO, have led to the establishment of a National Forum for Social Dialogue, officially launched on 27 April 2025. This forum is intended to strengthen social dialogue through a sustainable mechanism that brings together the three key parties: the government, employers and workers. Its objective is to facilitate discussions and strike a balance between economic and social policies that contribute to national development. The forum also plays an important consultative role in reviewing and monitoring the implementation of labour legislation. It is chaired by the Minister of Labour and Social Affairs, and includes participation from deputy ministers, several directors-general, representatives of the existing trade unions and general federations and delegates who participated at the Conference of Trade Unions and Confederations. This initiative falls within the framework of the road map developed in close collaboration with the ILO. The forum was able to hold three meetings to review the developments in the trade union legislation and involve the participation of various trade unions and their representatives and parliamentarians. There were a number of recommendations to introduce amendments on the draft Law. Despite being in its early stages, the forum has successfully laid the groundwork for institutionalized social dialogue in the context of legislative reform.

The Labour Committee, along with various civil society organizations, has also played a vital role by contributing expert opinions presented to Parliament. This reflects a strong belief that social dialogue is a key pathway to developing legislation that enables trade unions and employers’ organizations to actively participate in shaping policies for the labour market in Iraq.

The Social Dialogue Forum represents an important step towards developing an equitable and sustainable plan to ensure that our shared objectives are achieved. We believe this is a valuable experience which all stakeholders can benefit from. We are confident that the forum will contribute to Iraq’s future technical and institutional development. Therefore, we call on the ILO to continue supporting this initiative, as such support will help us build the necessary capacities to lead and sustain meaningful change. It is also our hope that government sectors will support the forum, ensuring that it remains an independent body. The role of the forum will contribute to economic development and further strengthen basic rights at work.

We believe that this effort is not meant to be a symbolic gesture only but to be a genuine platform aiming to establish a State where rights are protected, social justice is promoted, and national efforts are directed toward the reconstruction and stability of Iraq.

My fifth point concerns the challenges and future commitments. We firmly believe that creating a free trade union environment requires dealing with several challenges. Raising the level of awareness is one of the issues that we have to focus on. We also need to address the limited capacities of the trade unions and ongoing security concerns. Despite these obstacles, we would like to reaffirm that the Iraqi Government remains committed to reforming mechanisms relating to trade unions and supporting unions in a way that promotes decent work, social justice and sustainable development.

My sixth point relates to strengthening pluralism within the trade union movement. My country is fully committed to ensuring the participation of all trade unions, regardless of their sector. This inclusive approach has been reflected in the participation of our delegation at this Conference. We believe in pluralism, equality and non-discrimination within the trade union movement. This approach aligns fully with international instruments, particularly Convention No. 87.

In this context, allow me to highlight that several constitutions of trade unions and general federations have recently been deposited at the Ministry. This reflects the Iraqi Government’s commitment to freedom of association and its efforts to facilitate the process that allow trade unions to register, ensuring pluralism and guaranteeing that no worker is excluded from their right of association. The Ministry has also initiated the development of a comprehensive database to record all registered trade unions. This database will document the legal and administrative status of each union, ensuring transparency, streamlining registration processes, and enabling effective support for union operations.

In conclusion, my country reaffirms its commitment to Convention No. 87 as part of our ongoing cooperation with the ILO. We remain dedicated to strengthening our national capacities and ensuring the existence of a genuine, free and democratic trade union movement, consistent with both our Constitution and our international obligations.

Worker members – This is the fourth time since 2019 that our Committee has looked into the case of Iraq. Each of the reviews has focused on a different Convention. In 2019, the Worst Forms of Child Labour Convention, 1999 (No. 182) was reviewed. In 2021, the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and, in 2022, the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). This year we are examining the legal and practical implementation of Convention No. 87 in Iraq. These recurrent reviews in recent years demonstrate the difficulties faced by the Iraqi Government in honouring its obligations under the ILO Conventions it has ratified, even the most fundamental of them.

We can welcome the fact that the Government is engaging in a permanent and constructive dialogue with the ILO so that the ILO can support it in the fundamental changes necessary to ensure that its legislation and practice are in conformity with the Conventions in the future, in particular Convention No. 87.

In 2022, after its discussion, our Committee recommended that the Government accept an ILO direct contacts mission which took place in May 2023. At the end of this mission, commitments were made by the Government which related to the proper application of Convention No. 87. The mission had identified two priorities:

• 1. The swift adoption of new legislation to replace Law No. 52 of 1987 on Trade Unions to ensure compliance with Conventions Nos 87 and 98.
• 2. Active and constructive engagement between the Government and the social partners to ensure that all trade unions and their leaders could exercise the rights enshrined in the Convention without fear or restraint.

During this mission, a road map was drawn up to make these priorities a reality. It provided for the establishment of a technical committee for the elaboration of a new draft Law on Trade Unions and the strengthening of the Coordination Council which is tasked with the consultation and resolution of conflicts and problems facing trade union action. The active support of the ILO Office is foreseen for the implementation of this road map.

A new draft Law prepared by the Labour Committee of the Chamber of Representatives has been circulated among the various stakeholders involved. This draft was the subject of technical comments by the ILO Office. We also note that a delegation of three trade union federations participated in a workshop in Geneva in September 2024 to discuss the new draft and technical comments made by the ILO Office. The Government indicates that the results of this workshop will be submitted to the Chamber of Representatives and discussed with all parties concerned with a view towards the enactment of the Law and the repeal of Law No. 52 of 1987 on Trade Unions. It is positive to note that the ILO’s continued technical support during this process has enabled the Government to build a positive and constructive momentum for this much needed reform of Iraq’s trade union legislation.

The Worker members join the Committee of Experts in expressing the firm hope that this new Law will be adopted in the near future and that it will contain all the guarantees required by the Convention. In particular, the following:

• full recognition of trade union rights of public servants and trade union pluralism;
• recognition of the trade union rights of foreign workers;
• no restriction on the right of certain professions to form trade unions;
• ensuring that the minimum number of members required for the formation of trade unions is set at a reasonable level;
• recognition of the right of workers to form independent organizations at all levels; and
• respect for the autonomous functioning of these organizations.

The Worker members ask the Government to provide information on the progress of the legislative reform to the Committee of Experts so that it can assess the compatibility of the new legislation with the Convention. While the process of legislative reform seems to be on the right track, we regret that a climate conducive to the exercise of freedom of association is not yet in place in Iraq.

The report of the Committee of Experts shows that several complaints against the leaders and representatives of six independent federations, including the Federation of Iraq Trade Unions (FITU), has been filed with the Court of Inquiry of the Federal Commission of Integrity. These trade union leaders were summoned to the court in relation to their legitimate trade union activity and were accused of illegal raising of funds. They were subject to investigation and eventually released on bail pending trial. These proceedings constituted a serious threat to the union leaders exposing them to the risk of long prison sentences and fines as well as the closure of their federations. The Worker members call for these charges to be immediately dropped and request the Government to inform the Committee of Experts of the follow-up to the outcome of these proceedings. We regret that these trade unionists are subjected to abusive proceedings aimed at silencing them. Even if they do not ultimately lead to convictions, these procedures seriously threaten the effective exercise of freedoms by trade unionists.

Therefore, the Worker members join the Committee of Experts in calling for no trade union member or leader to be subject to arrest, detention or criminal prosecution for their legitimate trade union activities and for the initiators of such proceedings to be subject to effective and dissuasive sanctions.

While hoping that the Coordination Council can be an effective instrument to prevent the prosecution of trade unionists, the Worker members hope that the Government can provide more information on the functioning of the Council and its results.

The Government seems to have initiated legislative reforms that are moving in the right direction and we will certainly have the opportunity in the future to assess whether the outcome of these reforms is in line with the requirements set out in the Convention. Despite these positive developments, the Worker members regret that trade unionists in Iraq are still subject to obstacles to the exercise of their freedom of association. The Worker members count on the full and continued cooperation of the Iraqi Government with the ILO in the implementation of the recommendations addressed to it by our Committee.

Employer members – Convention No. 87, as we all know, is a fundamental Convention, which was ratified by Iraq in 2018. The Convention has never been discussed in the Conference Committee with respect to Iraq. However, the case for Convention No. 98 has been discussed twice in 2008 and 2022 and the issues arising from those discussions are pertinent to the present case.

There has also been one observation issued by the Committee of Experts in this case last year after two direct requests in 2021 and 2023. The Employer members have taken note of these and also of the helpful and useful information provided by the Government before this meeting.

With respect to Convention No. 87, the Committee of Experts noted that a new draft Trade Union Law had been circulated among various stakeholders involved in these reforms and has given rise to technical comments from the ILO in August 2024. The Committee of Experts further noted that a national delegation attended workshops in Geneva in September 2024 and that the officers’ observations resulting from the workshop would be discussed with all parties concerned with a view towards the enactment of the Trade Union Law and the repeal of Law No. 52 of 1987 on Trade Unions.

The Committee of Experts expressed its expectation that this would lead to the early adoption of the new Trade Union Law which would take full account of the Committee’s comments including its request to ensure that the new legislation fully recognized the trade union rights of public servants and trade union pluralism, reflected the officers’ technical guidance in order to ensure that the Law recognized the trade union rights of foreign workers, did not restrict the right to form trade unions to certain professions, ensured that the minimum membership requirements for establishment of trade unions were set at reasonable levels, recognized the right of workers to set up independent organizations at all levels and respected the autonomous functioning of these organizations. The Committee of Experts requested that the Government provide a copy of the Law once adopted and we note that this is yet to occur. However, in relation to the issues raised by the Committee of Experts, the Government has provided the further information I referred to earlier and of which we have taken due note.

Under Order No. 8 of 2024, a committee was formed chaired by the Director-General of the Legal Department and the Ministry of Labour and Social Affairs. The said committee includes members from relevant government and parliamentary authorities, and representatives of trade unions and employers. Its role is to prepare the final version of the Trade Union Law.

With respect to workers’ organizations, the Employer members note that the Trade Union Council was formed to represent all trade union organizations without any discrimination, to address courts in the event of complaints by trade unionists, to affirm the freedom of labour, and to inform them of the role of the Ministry of Labour and Social Affairs. Described this way, the Trade Union Council seems to fulfil the description of the most representative organization of workers in Iraq. The Employer members also note the Government’s statement that trade union organizations of different orientations participate in the International Labour Conference as part of the official delegation of the Republic of Iraq and in all activities organized by the Ministry of Labour and Social Affairs and carried out by organizations in coordination with that Ministry. The Employer members would just request the Government to confirm that all of those other unions that attend the International Labour Conference are in fact selected in consultation with the most representative organization as required by the ILO Constitution. We would just like to have some assurance that that is the case.

The Employer members also note the Government’s advice that the Minister of Labour participates in all activities organized by trade union organizations.

The Employer members recall that Article 3 of Convention No. 87 requires that workers and employers’ organizations have the right to draw up their constitutions and rules to elect their representatives in full freedom, to organize their administration and activities, and to formulate their programmes; and that the public authorities are required to refrain from any interference which would restrict this right or impede its lawful exercise. In this respect, too, the Employer members would request the Government to ensure that its participation in trade union activities does not contravene this provision of Convention No. 87.

With respect to technical assistance from the ILO, the Employer members note the Government’s assurance that the assistance of the Office on the reform of the trade union law is ongoing and that the Office also supported the creation of a National Social Dialogue Forum which was launched in 2025. Both these areas of cooperation are very much aligned with the road map proposed by the direct contacts mission that visited the country in May 2023 with respect to Convention No. 98.

The direct contacts mission proposed a road map that identified two priorities: (i) the swift adoption of new legislation ensuring compliance with Conventions Nos 87 and 98 to replace Law No. 52; and (ii) an active and constructive engagement between the Government and social partners to ensure that pending the entry into force of the Law, all trade unions and their leaders can exercise the rights enshrined in the Conventions without fear or constraint.

The mission proposed a road map involving the active support of the Office in providing for, inter alia, the establishment of a tripartite technical committee for the elaboration of the new draft, and the strengthening of the Coordination Council tasked with consultation and resolution of conflicts and problems affecting trade union action. The Employer members urge the Government to expedite this work with an expectation that its next report to the Committee of Experts will reflect the implementation of the new Law.

On a separate matter related to the prosecution of union leaders for collection of union dues, the Committee of Experts had previously noted that the Federation of Iraq Trade Unions (FITU) alleged that a complaint was filed before the Court of Inquiry of the Federal Commission of Integrity against six union leaders in relation to the collection of union dues. The Committee of Experts noted the Government’s indication that it would take the required action under the new Trade Union Law once it was enacted. We have not received or seen any information in the present case as to how these issues are progressing and the Employer members echo the Committee of Experts’ request to provide detailed information on the outcomes of proceedings as soon as possible.

To sum up, the Employer members urge the Government to: (i) complete the work required to finalize and implement the new Trade Union Law; (ii) provide assurance that the Government participation in trade union activities does not constitute a breach of Article 3 of the Convention; (iii) provide assurance that Worker and Employer representatives attending the International Labour Conference are selected in consultation with the most representative organizations of employers and workers as required by the ILO Constitution; and last, (iv) provide information on the status of the complaints relating to the prosecution of six trade union leaders.

Interpretation from Arabic: Worker member, Iraq – We would like to confirm that the position of the Iraqi trade unions is based on the outcomes of the direct contacts mission of the ILO which visited Iraq in May 2023, as well as its six recommendations that were submitted to the social partners.

The position is also based on the results of the Iraqi delegation’s visit to Geneva in September 2024. Therefore, the steps taken by the Ministry of Labour and Social Affairs reflect the full commitment outlined in the road map that was approved by the direct contacts mission. In particular, the establishment of a Social Dialogue Forum composed of the social partners demonstrate this commitment. To date, three sessions have been held, with the participation of the Deputy Minister of Labour.

All these measures constitute a correct and important step towards the preparation of a draft Trade Union Law in accordance with international labour standards as well as the Conventions ratified by our country. The Law will guarantee the right to trade union organization in all sectors of production, public, private, mixed and cooperative.

We consider the request to send a specialized Committee of Experts from the International Labour Organization an important step to provide technical support and expertise in drafting reports and offering technical and legal assistance for adopting a Trade Union Law. This will ensure conformity with international standards and the Conventions ratified by our country.

The Iraqi trade union federations would like to reaffirm once again that joint action between the social partners and the Parliamentary Labour Committee will be taken to provide a legal framework that will provide the necessary protection and guarantee rights and freedoms for trade unions. It will also guarantee collective bargaining. It will address potential disputes and will ensure effective labour management. This would be highly efficient for both workers and employers.

Government member, Poland – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, Republic of Moldova and Ukraine, and the European Free Trade Association countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

We recognize the Iraqi efforts in discussing legislative reform and engaging with the ILO to bring national legislation into conformity with Convention No. 87. However, we remain deeply concerned about the ongoing restrictions affecting trade union pluralism, limitations on the right of public servants and foreign workers to organize, and barriers such as excessive membership requirements which continue to obstruct workers’ ability to associate freely. The full alignment of Iraq’s legal framework with Convention No. 87 must be expedited, ensuring concrete and enforceable protections for trade union rights.

We note with regret the information on legal proceedings initiated against trade union leaders in relation to the collection of union dues. These cases, which have involved investigation and court summons, raise concern about the broader environment for trade union rights in Iraq. We urge the Government to provide full transparency on the status of these proceedings and ensure that no trade union representative faces undue legal or administrative pressure such as arrest, detention or criminal prosecution for engaging in legitimate trade union activities.

Furthermore, the functioning of institutional mechanisms such as the Coordination Council and the proposed technical committee for the elaboration of the new draft Law on Trade Unions must be reinforced to guarantee meaningful social dialogue. Trade unions must be granted an effective role in shaping the legislative framework, ensuring that their concerns are heard and incorporated into legal reforms. Genuine engagement with all stakeholders remains crucial to building trust and safeguarding fundamental rights.

While legislative reform is necessary, it must not remain a theoretical exercise. The Government of Iraq must take decisive action to ensure that protections for trade union rights are not only enshrined in law but also fully implemented in practice. We urge the Government of Iraq to ensure that the new Law on Trade Unions will provide strong and enforceable guarantees that uphold workers’ rights to organize freely and independently.

We encourage the Government of Iraq to continue its collaboration with the ILO and the social partners, taking decisive action to fully uphold the obligations outlined in the Convention. We remain committed to closely monitoring developments and affirm our commitment to supporting efforts that promote international labour standards and protect the workers’ rights in Iraq.

Government representative, Bolivarian Republic of Venezuela – The Bolivarian Republic of Venezuela thanks the Government of Iraq for the information provided, which reports on the progress made in the matter under examination. The ratification of the Convention by Iraq is a sign of its commitment to protecting workers’ rights and promoting freedom of association. We appreciate the willingness and determination of the Government of Iraq to continue making further progress, as it has done so far in the world of work in that country, under the principles of sovereignty, self-determination and non-interference. Lastly, it is important to remember that compliance with fundamental Conventions requires the implementation of legislative and policy measures to ensure respect for these rights in practice. We therefore encourage the Government to continue promoting social dialogue between the various actors in the country’s world of work and encourage the ILO to provide technical assistance with objective, constructive, legally sound measures to enable consolidation.

Interpretation from Arabic: Worker member, Tunisia – Today we are examining the case of the application of Convention No. 87 by the Government of Iraq, which has only been a party to the Convention for eight years. This raises legitimate questions about the application of this Convention in practice.

As you know, the Law currently in force grants a federation the prerogatives of trade union representation and does not recognize trade union pluralism. This pluralism has been an undeniable reality in the country for many years. It is impossible to ignore certain official administrative orders or decrees issued by numerous government entities calling for exclusive dealing with this federation, which has monopolized trade union action for two years, with results that need no further mention. In light of this, it is no longer possible to wait. Indeed, this is a matter that concerns the interests of workers and their right to choose their representatives in full freedom, without any arbitrary approach or granting a monopoly to a single union.

The global trade union movement and the ILO have made considerable efforts to ensure the application of the Convention on the ground. We recall the technical work done by the ILO to provide assistance. This has resulted in the adoption of a road map that reflects Iraq’s international commitments.

The question arises: what about the road map we have just mentioned? And why has the Iraqi Government not suspended the application of the provisions prohibiting trade union pluralism? We consider that there is no justification for this.

This is why it is necessary to send an ILO technical commission to Iraq to speed up the amendment of the law and provide assistance to this end.

Interpretation from Arabic: Government member, Morocco – We express our gratitude to the Government of Iraq for the important information provided, which reflects a commitment to cooperate with the mechanisms of the ILO.

Moreover, we greatly appreciate the efforts made, both those already implemented and those planned, to ensure the implementation of the observations and recommendations of the Committee on the Application of Standards. This Committee has made important observations that we greatly appreciate, seeing them as a constructive contribution to supporting Member States in promoting compliance with international standards.

We would also like to commend the essential role played by the Committee of Experts in monitoring the application of international labour standards in order to contribute to promoting a conducive working environment and achieving social justice. In this regard, the remarks made by the Committee of Experts in the case highlighted a number of essential and promising points.

In listening to the Government’s responses, we note with appreciation that it has taken steps to draw up a new draft Law on Trade Unions in consultation with the ILO and relevant national bodies. This draft Law has so far been examined twice in Parliament, workshops have been organized and technical amendments have been made to the text of the Law.

Iraq fully complies with the Convention. This compliance is explicitly guaranteed by article 22 of the Iraqi Constitution of 2005 and other relevant national legislation, including the legislative framework for trade union rights and freedoms, as set out in Labour Code No. 37 of Iraq of 2015.

This contributes to the creation of a fair and sustainable working environment where the fundamental rights of workers are respected, including those of foreign workers. These rights include, in particular, the right to freedom of association, collective bargaining, freedom of expression and participation in decision-making that affects their working lives.

In conclusion, the Kingdom of Morocco supports the efforts and measures taken by the Iraqi State to promote this reform, which could address the issues raised in the Committee of Experts’ comments. Moreover, the ILO is invited to continue technical cooperation with the Iraqi partners in order to promote social dialogue and trade union rights and freedoms. This will help to enshrine decent work in Iraq and contribute to achieving its aspirations to become a model of trade union freedom and pluralism and of freedom to form independent trade unions at all levels.

Worker member, Norway – I speak on behalf of the trade unions in the Nordic countries. We stand here once again to address the violation by the Iraqi Government of international labour Convention No. 87, which it ratified in 2018.

As a reminder, the Committee of Experts in 2023 confirmed the necessity for Iraq to comply with international standards regarding Conventions Nos 87 and 98, which concerned the right to freedom of association and collective bargaining. All previous reports of the Committee of Experts have emphasized the need to repeal the unjust Law No. 52 of 1987 on Trade Unions and to adopt a new, modern and fair law that includes all sectors of production, whether public, private, cooperative or mixed. The reports also stressed the right to collective bargaining to defend the rights and interests of the Iraqi workers.

The ILO has fully exhausted all efforts to assist in translating Iraq’s commitment to Convention No. 87 into practice through a road map and a plan with six recommendations. Yet we see no convincing justifications for this ongoing delay in their implementation.

Today, in this hall, we inform you that the Iraqi trade unions continue to face the unjust provisions of Law No. 52 of 1987, which favours one particular union over others. So how can we speak of free trade unionism under laws that prohibit union representation in the public sector and civil service? And how can it be justified to grant one federation the exclusive authority of trade union representation in a labour market that is broad and inclusive enough for all? We strongly urge the activation of the six recommendations jointly adopted by the ILO and the Iraqi Government. For this reason, we urge the Government to receive technical assistance from ILO to establish an implementation timetable, and to suspend the unjust legal provisions to open the way for genuine trade union pluralism.

Interpretation from Arabic: Government member, Lebanon – Lebanon would like to thank the Government for all the efforts made to implement the Convention. We commend the measures taken by the Government to respect international labour standards and modernize its legislation in line with the Convention and the recommendations issued by the Organization and its competent bodies. These measures include reaffirming the constitutional commitment to trade union freedom and pluralism, drafting a new Trade Union Law in consultation with the ILO and relevant national authorities; and reactivating the National Trade Union Council that is involved.

Lebanon welcomes the statement made by Iraq about setting up a Social Dialogue Forum in 2025, with the ILO’s support. This forum represents a democratic platform for sustainable dialogue to achieve social justice.

We would like to encourage Iraq to continue its reform of the labour sector, particularly with regard to strengthening legal frameworks and enforcement mechanisms aimed at enhancing transparency and building the capacities of trade unions. We urge the Iraqi authorities to enhance their collaboration with the ILO and their specialized committees as well as to foster constructive social dialogue in order to promote a world of work that provides for social justice. We wish Iraq, our brother country, much stability and success in this process of development.

Worker member, Spain – Iraq ratified the Convention in 2018. However, the current situation regarding its effective application shows clear examples of non-compliance, and the steps taken by the Government in the first few years since ratification have been insufficient.

There are representative trade unions in Iraq that nevertheless face unjustified discrimination due to the Government’s practice of favouring one single trade union over the rest by granting it unacceptable legal privileges.

Iraq is currently experiencing a period of opportunity for openness with the recent approval of various regulations aimed at broadening the foundation of freedoms in the country. In this context, it is essential that Iraq does not diverge from the Convention and that it fully commits to the bilateral action plan resulting from numerous meetings and dialogues between the ILO and the Government.

Trade union organizations that suffer from exclusion from participation by the Government have expressed great dissatisfaction with the delay in implementing this bilateral action plan.

As workers, we believe that the effective application of the Convention cannot be achieved without genuine dialogue with all truly representative trade unions.

It is not possible to address the challenges facing Iraqi society – such as improving working conditions, productivity and competitiveness – while the vast majority of the workforce, both in the private sector and in the public administration, is denied the right to organize.

The Iraqi trade unions have demonstrated their commitment to dialogue and negotiation, and in this regard we request the dispatch of an ILO technical mission to establish as soon as possible a clear timetable for the implementation of the road map agreed upon between the Government and the ILO.

Finally, we urge the Government of Iraq to suspend the provisions which unjustifiably grant supremacy to one trade union to the detriment of the others.

Interpretation from Arabic: Government member, Tunisia – My country takes note of the information provided by the Government on the application of the Convention. We welcome the draft Law prepared by the Iraqi authorities, which seeks to carry out a reform through the creation or enactment of a new Law on Trade Unions in consultation with the ILO and the entities concerned. We support the reforms carried out, particularly with regard to the recognition of trade union pluralism, the right to form and join trade unions in full freedom, guaranteeing the independence of trade unions while developing clear and fair standards for the registration of trade unions. We appreciate the activation of the National Trade Union Council and the creation of the National Social Dialogue Forum launched this year with ILO support.

My delegation salutes the commitments made by the Government to continue reforms, support the development of trade unions and promote decent work and social justice, while taking into account the comments and conclusions of this Committee and the Committee of Experts.

Interpretation from Chinese: Government member, China – We thank the Government representative for the presentation. We have also carefully reviewed the report of the Committee of Experts as well as the written information submitted by the Government to this Committee.

We note that a competent committee has been established in Iraq, chaired by the Director-General of the Legal Department of the Ministry of Labour and composed of representatives from relevant departments. Representatives from the Labour and Civil Society Organizations Committee of Parliament, trade unions and various departments of the Ministry of Labour also participate in this committee. The said committee aims to prepare the final draft of the Trade Union Law. During this process, trade unions have actively participated in the consultations and their positions and voices have been taken seriously. The Trade Union Council represents all trade unions. All trade unions enjoy the possibility to join the official Iraqi delegation to the International Labour Conference and take part in all activities organized by the Ministry of Labour. The Ministry of Labour also participates in all activities held by trade unions. A sound relationship of cooperation and communication between the Ministry and the unions has been established and well maintained, which China commends.

The Government has earnestly fulfilled its obligations under the Convention, taken seriously the views of the ILO and relevant committees and implemented concrete measures to enhance effective communication and dialogue between the Government and trade unions. This is of great significance for safeguarding the rights and interests of workers in the country.

We support the ILO Secretariat and its supervisory mechanism in maintaining constructive dialogue and cooperation with the Iraqi Government, providing the necessary technical assistance to further promote the country’s economic and social development, and enhance its capacity to fulfil its obligations under the Convention.

Interpretation from Arabic: Government member, Oman – The Sultanate of Oman appreciates the efforts made by the Government to enhance its compliance with the provisions of the Convention. We also appreciate the Government’s commitment to developing a working environment in line with international standards. In this context, our delegation reviewed with interest the report that was submitted and we commend the information it contains about the draft Trade Union Law that is being prepared in cooperation with the ILO. We have to note that this draft Law aims to promote trade union pluralism and guarantee freedom of association, in line with Article 2 of this Convention.

The Sultanate of Oman affirms its support for the fundamental principles upon which the ILO is based, including the promotion of trade union rights and decent work. We also encourage continuous constructive dialogue and technical cooperation between the ILO and the Member States, which will facilitate the sharing of progress and contribute to the achievement of the Sustainable Development Goals.

Interpretation from Arabic: Government member, Egypt – We have taken note of the efforts and measures taken by the Government to implement the Convention. We express deep appreciation for the Government’s efforts to achieve full compliance with the provisions of the Convention as well as its constitutional and international commitments.

The legislative reforms taken by the Government translate its full commitment to the Convention and the Iraqi Constitution, which guarantees in its article 22(3) freedom of association and trade union pluralism.

The Government has also drafted a Trade Union Law in consultation with the ILO as well as national stakeholders so that it replaces the old Law No. 52 of 1987. This Law recognizes trade union pluralism and the right to freely form and join unions. It also guarantees the independence of trade unions and protects them from government interference. Moreover, it establishes clear and fair criteria for union registration in accordance with Article 2 of Convention No. 87. The Government intends to move forward towards implementing these reforms.

The Government is activating the National Trade Union Council, which includes 11 major union federations and associations. This council will play an advisory and coordinating role including reviewing the legislation and ensuring tripartite dialogue.

We have noted with interest the progress made by the Government and its determination to continue working with the ILO. It has launched the National Social Dialogue Forum in March 2025 with ILO support. This forum represents a democratic platform for sustainable dialogue on labour legislation, social justice and policymaking.

The Government of Iraq also hosted a high-level ILO mission in Baghdad in April 2024. It also conducted a study visit to Geneva in September 2024. The ILO supported also a road map including trade union capacity-building.

Egypt congratulates the positive measures taken by the Government, including the registration of a number of unions and federations in accordance with national procedures and the development of a database to enhance transparency and simplify registration procedures.

We hope that this Committee will take into account the challenges mentioned by the Government such as limited union awareness, lack of capacity-building and the impact of security and political factors. We appreciate the efforts made by the Government of Iraq to maintain its full commitment to completing the reforms and supporting the development of unions.

Interpretation from Arabic: Government member, Sudan – We would like to thank the Government representative for the presentation made and express our support to the Government in implementing the provisions of the Convention. This has been reflected in the presentation made about the procedures and measures taken in cooperation with social partners.

The establishment of a national committee, composed of representatives of trade unions as well as representatives of the Parliament, is a very important and positive step towards social dialogue.

We would like also to commend the establishment or the enactment of a new draft Law on Trade Unions in cooperation with the ILO as well as the employers and workers. This reflects a clear spirit of the Convention we are addressing today.

We would like to thank the Government for its cooperation with the ILO and we call upon it to pursue these efforts.

Interpretation from Arabic: Government member, Saudi Arabia – My delegation took note of the clarifications provided by the Government representative and we welcome the positive steps taken to enhance the work environment and improve the legal framework related to social partners. My delegation commends the legislative progress, such as the preparation of a new draft law in consultation with the ILO, which reflects a clear commitment to a serious and comprehensive reform process.

We also commend the important developments at the institutional level, including the activation of the Advisory Council comprising the national stakeholders and the establishment of the National Forum for Social Dialogue.

We commend the active partnership between the Government and the ILO and the efforts made to facilitate the procedure for registration. In light of the above, we affirm the Kingdom’s support for the ongoing reform process and we call for continuous constructive cooperation with the ILO to contribute to the promotion of social justice and decent work for all.

Observer, International Trade Union Confederation (ITUC) – We rise once again to express deep concern regarding Iraq’s continued violation of the Convention despite its ratification in 2018. Seven years have passed, yet Iraq has failed to implement the Convention’s core provisions in national legislation. This delay is not only unjustified, it is harmful.

Trade unions in Iraq that are active, credible and committed to peaceful and constructive engagement continue to face systematic exclusion and legal discrimination. The existing No. 52 of 1987 on Trade Unions remains in force. This outdated Law grants exclusive representation rights to a single union and denies public sector workers who make up the majority of the Iraqi workforce the fundamental right to organize. This stands in direct contradiction to Iraq’s democratic evolution and political pluralism. If Iraq recognizes political pluralism, why not trade union pluralism?

The ILO and the broader trade union movement have done their part. A joint road map with six clear recommendations was agreed between the ILO and the Iraqi Government. Yet implementation has stalled without credible explanation.

This Committee has already called for the urgent repeal of Law No. 52 and the adoption of a modern inclusive law that covers all sectors, public, private, cooperatives and mixed. It is time to move from dialogue to action. We call for the immediate dispatch of an ILO technical mission to assist in implementing the road map, setting a clear timeline and ensuring transparency. We also strongly urge the Iraqi Government to suspend all discriminatory provisions in force and guarantee equal rights to all unions in law and in practice. Workers in Iraq deserve the same freedom we defend here today. Let us not allow further delay to erode their rights.

Observer, IndustriALL Global Union – I am speaking on behalf of the IndustriALL Global Union, which has affiliates in the energy and industrial sectors in Iraq.

Freedom of association and collective bargaining are fundamental workers’ rights. This means unequivocally that workers in Iraq should not be subjected to laws restricting them from joining the union of their choice or bargaining for their working conditions. We are firmly convinced that the reasons for the delay in translating Convention No. 87 into Iraq national law are almost absent.

IndustriALL’s Iraqi affiliated unions, along with the entire union movement in the country, do not deserve any procrastination, especially given their commitment to constructive social dialogue. Moreover, through their participation in most of the dialogues with Iraqi official bodies, Iraqi unions have demonstrated their ability to both improve working conditions and strengthen competitiveness. Iraq’s failure to align with international labour standards and its exclusion of public sector employees from forming trade unions is both discriminatory and regressive.

We call on the Government to implement the six recommendations issued by the direct contacts mission in May 2023, which included the call for the creation of the technical committee for the elaboration of the draft Trade Unions Law, the strengthening of the Coordination Council, the establishment of an inclusive tripartite forum, the creation of a network of relevant public authorities and bodies, the launching of ILO-supported training programmes and conducting awareness-raising and communication campaigns.

The Government must adopt the new trade union law without further delay. Workers cannot wait any longer for their fundamental right to freedom of association and the right to organize to be fully recognized and protected.

We call for the urgent dispatch of a technical mission to help expedite the implementation of these recommendations. At the same time, we call on the Government to engage with unions in genuine dialogue to achieve an enabling environment respecting international workers’ rights and the full realization of Convention No. 87 in the country.

Interpretation from Arabic: Government representative – We have taken note of the remarks made by the Worker, Employer and Government members. Each of these contributions was valuable, and we will give them due consideration. Regrettably, some comments appear to have been based on unofficial or outdated sources of information. Regardless, it is important to recall that the Republic of Iraq has been a Member of the ILO since 1932 – one of the first countries in our region to join. To date, Iraq has ratified 72 international labour Conventions, including all eight core or fundamental Conventions. Of these, 56 remain in force. Since 2003, Iraq has been undergoing a significant transformation aimed at building a democratic State.

In 2005, following a vote by the Iraqi people, we promulgated a new Constitution. This marked a pivotal step toward democracy, though the journey has not been without serious challenges – some of which could be described as existential. Nevertheless, both the Government and the people of Iraq have remained committed to democratic development. We have enacted a range of laws to safeguard political, social and economic freedoms. We hold elections every four years, and our most recent elections resulted in the formation of a new Government. Iraq also has a law on political parties and an independent electoral commission that oversees the electoral process.

Freedom of association is one of many rights enshrined in our Constitution, and it is protected alongside other fundamental freedoms. Within both the Government and Parliament, we are working constantly to strengthen our multiparty democratic system. Some participants in this debate may not be fully aware of the current realities in Iraq. However, we can assure you that trade union pluralism exists and is actively put in practice by the people.

We have two articles in the current legislation that safeguard these matters - articles 42 and 44 – which address trade union pluralism and collective bargaining. Our delegation is not composed of representatives from a single union; rather, it includes members from several trade unions. At the Ministry, we maintain an open-door policy for all workers’ organizations and trade unions. We are in continuous dialogue with them and welcome their engagement. Our commitment to inclusive dialogue extends beyond national trade unions – we also maintain active communication with the relevant departments of the ILO. I would like to take this opportunity to express our sincere gratitude to the ILO, whose technical support has enabled the Government to develop appropriate legislation on these important issues.

Our judiciary operates independently and is guided solely by the law. There is no interference in judicial proceedings, and our courts interpret and apply the law as they deem appropriate.

Regarding the legal standing of trade unionists, I want to emphasize that no trade unionist has ever been imprisoned in our country for expressing views that may differ from those of the Government. We operate strictly within the framework of the law and remain committed to upholding it.

We look forward to continuing to benefit from technical support from the ILO, both here in Geneva and through its regional offices in Baghdad and Lebanon.

Employer members – The Employer members express warm thanks to the Government for the information provided and the explanations given to this Committee. We will be brief because what we are looking at here is a general consensus.

There is a lot of common comment around the room that Iraq has taken heed of the advice and support that has been given by the ILO. It is working in the right direction. It is heading towards the compliance that has always been sought. It is working on the issues that need to be resolved to become compliant with Convention No. 87 and the Employer members think that the downside, if we were to call it that, is that the calls are for getting this done more quickly rather than at the speed it is at.

So the calls are really to continue to work with the ILO to make as much use of the ILO as possible to expedite the finalization of the Trade Union Law, to use the Social Dialogue Forum in the ways that the Government has described to bring about the kind of consensus and understanding that is necessary for everything and then, lastly, to do the things that we were recommending before, to complete that work on the Trade Union Law, to provide some assurances just for completeness that the Government participation in union activities is compliant rather than offending Article 3, provide assurances that worker and employer representatives attending the International Labour Conference are selected in consultation with the Trade Union Council, which I understand to be the peak body for the union movement, and also to provide the information that several commentators have talked about in relation to the status of a small number of unionists who have been in some form of dispute, to make sure that, as the Government representative has stated, these people are not in jail or being penalized unduly. The Employer members also take note that the Government representative has indicated that their situation will be dealt with in accordance with the new law which – as also stated – is not there yet. So those things need to be brought together.

Worker members – We thank all the speakers and in particular the representative of the Government for the written and oral information he was able to provide for us.

We have noted with concern the prosecution of leaders and representatives of independent trade union federations. This testifies to a climate in Iraq that is not yet conducive to the full exercise of freedom of association. It is essential that trade unionists be able to carry out legitimate trade union activities without fear of prosecution and thus exposure to prison sentences and fines. We also noted the encouraging developments in the ongoing legislative reforms.

Taking into account our discussions, we would like to make the following recommendations to the Government.

First, ensure that all measures are taken to ensure an environment conducive to the exercise of freedom of association. This includes ensuring that no union member or leader is subject to arrest, detention or criminal prosecution for their legitimate trade union activities. Proceedings against trade union leaders and representatives of independent trade union federations for their legitimate trade union activities should be immediately dropped.

The Government must also adopt measures to provide for the necessary safeguards to address manifestly unfounded or abusive court proceedings in full respect of democratic values and fundamental rights, including the right of freedom of association, to provide remedies against abusive court proceedings and to impose effective, proportionate and dissuasive penalties on the party who initiated abusive court proceedings.

We also call on the Government to adopt the draft Law on Trade Unions without further delay in consultation with the social partners. This draft Law should meet all the guarantees required by the Convention including the full recognition of trade union rights of public servants and trade union pluralism, the recognition of the trade union rights of foreign workers, the absence of restrictions on the right of certain professions to form trade unions, the guarantee that the minimum number of members required for the formation of unions is set at a reasonable level, the recognition of the right of workers to form independent union organizations at all levels and respect for the autonomous functioning of such organizations.

We call on the Government to work with the ILO to implement these recommendations and to continue to avail itself of ILO technical assistance, including a technical mission to expedite and set clear time frames for the implementation of these recommendations.

We also request the Government to submit a detailed report to the Committee of Experts by 1 September 2025 on the measures taken to implement the recommendations made.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee took note with concern of actions against representatives of workers and employers’ organizations. The Committee also took note of the ongoing legislative reforms that can prevent acts of intimidation against social partners.

Taking into account the discussion, the 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 Committee requested the Government to continue to avail itself of ILO technical assistance to effectively implement all of the Committee’s recommendations.

The Committee further requested the Government to provide a detailed report on the measures taken to implement the above recommendations in line with the Convention by 1 September 2025.

Interpretation from Arabic: Chairperson – I have the honour to give the floor to the distinguished representative of the Government of Iraq.

Interpretation from Arabic: Another Government representative – Let me start by expressing our satisfaction at the way you have conducted the work of this Committee. We have taken note of all the recommendations and the conclusions. We would like to assure you of our commitment to fulfil these requirements and that we will provide the required information by 1 September 2025.