Minimum Age Convention, 1973 (No. 138) - Iraq (RATIFICATION: 1985)

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. Scope of application and labour inspection. The Committee previously noted the adoption in 2015 of the Labour Code. According to section 3 of the Code, the provisions of this law shall apply to all workers in Iraq. Section 7 provides that the minimum age of employment in Iraq is 15 years. The Committee further noted that a committee under the supervision of the Childhood Welfare Authority was set up under the Ministry of Labour and Social Affairs to investigate and raise awareness among children and young persons working in the informal economy. The Committee requested the Government to provide information on the activities undertaken by such a committee.

The Committee notes the Government’s indication in its report that the committee under the Childhood Welfare Authority regularly collaborates with the labour inspection department to monitor and supervise working children aged 15 years and under, and to ensure the application of the Labour Code by employers. Among the immediate and preventive measures that have been taken, the Government mentions the conducting of a multimedia awareness campaign in collaboration with UNICEF, including the publication of advertisement notices in Baghdad and other governorates and distribution of informative leaflets on the worst forms of child labour. The Committee further notes the statistical information annexed to the Government’s report, indicating that for the period 2 February–30 June 2017, the labour inspectorate had inspected 172 sites in Baghdad and 161 sites in other governorates.The Committee requests the Government to continue to provide information on the measures taken to eliminate child labour in the informal economy as well as the results achieved. The Committee requests the Government to provide information on the actions carried out by the labour inspectorate to investigate and monitor child labour in the informal economy, indicating the number and nature of violations detected.

Article 2(3). Age of completion of compulsory schooling. The Committee previously observed that according to the provisions of Compulsory Education Act No. 118 of 1976, compulsory education begins at the age of 7 years and lasts for a period of six years and therefore is completed at the age of 13 years. It also noted the Government’s indication that a Bill on compulsory education will provide for free and compulsory education to all children who have completed six years and obliges parents to enrol their children at schools and ensure their attendance at school until the completion of primary schooling or until the age of 15 years. The Committee noted the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Ministry of Education is currently examining the possibility of extending compulsory education up to 15 years.

The Committee notes the Government’s indication that, in 2011, a field committee was established to ensure the attendance at school of all children up to 15 years of age. It comprises several departments, including the Child Welfare Authority, the Division for Combating Child Labour and the Social Welfare Department. According to the Government, any request for financial support submitted by families in need has to get the approval of the field committee which monitors the school attendance of children till the age of 15. The Committee notes the absence of information in the Government’s report regarding the Bill on compulsory education that should raise the age of school completion to 15 years. Referring to the General Survey of 2012 on the fundamental Conventions (paragraph 371), the Committee recalls that, if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children.Considering that compulsory education is one of the effective means of combating child labour, the Committee once again urges the Government to take the necessary measures to extend compulsory education up to the minimum age for employment, which is 15 years. It requests the Government to provide information on any progress made in this regard.

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Article 2(1) of the Convention. Scope of application and labour inspection. The Committee previously noted the adoption in 2015 of the Labour Code. According to section 3 of the Code, the provisions of this law shall apply to all workers in Iraq. Section 7 provides that the minimum age of employment in Iraq is 15 years. The Committee further noted that a committee under the supervision of the Childhood Welfare Authority was set up under the Ministry of Labour and Social Affairs to investigate and raise awareness among children and young persons working in the informal economy. The Committee requested the Government to provide information on the activities undertaken by such a committee.

The Committee notes the Government’s indication in its report that the committee under the Childhood Welfare Authority regularly collaborates with the labour inspection department to monitor and supervise working children aged 15 years and under, and to ensure the application of the Labour Code by employers. Among the immediate and preventive measures that have been taken, the Government mentions the conducting of a multimedia awareness campaign in collaboration with UNICEF, including the publication of advertisement notices in Baghdad and other governorates and distribution of informative leaflets on the worst forms of child labour. The Committee further notes the statistical information annexed to the Government’s report, indicating that for the period 2 February–30 June 2017, the labour inspectorate had inspected 172 sites in Baghdad and 161 sites in other governorates. The Committee requests the Government to continue to provide information on the measures taken to eliminate child labour in the informal economy as well as the results achieved. The Committee requests the Government to provide information on the actions carried out by the labour inspectorate to investigate and monitor child labour in the informal economy, indicating the number and nature of violations detected.

Article 2(3). Age of completion of compulsory schooling. The Committee previously observed that according to the provisions of Compulsory Education Act No. 118 of 1976, compulsory education begins at the age of 7 years and lasts for a period of six years and therefore is completed at the age of 13 years. It also noted the Government’s indication that a Bill on compulsory education will provide for free and compulsory education to all children who have completed six years and obliges parents to enrol their children at schools and ensure their attendance at school until the completion of primary schooling or until the age of 15 years. The Committee noted the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Ministry of Education is currently examining the possibility of extending compulsory education up to 15 years.

The Committee notes the Government’s indication that, in 2011, a field committee was established to ensure the attendance at school of all children up to 15 years of age. It comprises several departments, including the Child Welfare Authority, the Division for Combating Child Labour and the Social Welfare Department. According to the Government, any request for financial support submitted by families in need has to get the approval of the field committee which monitors the school attendance of children till the age of 15. The Committee notes the absence of information in the Government’s report regarding the Bill on compulsory education that should raise the age of school completion to 15 years. Referring to the General Survey of 2012 on the fundamental Conventions (paragraph 371), the Committee recalls that, if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children. Considering that compulsory education is one of the effective means of combating child labour, the Committee once again urges the Government to take the necessary measures to extend compulsory education up to the minimum age for employment, which is 15 years. It requests the Government to provide information on any progress made in this regard.

[The Government is asked to supply full particulars to the Conference at its 108th Session and to reply in full to the present comments in 2019.]

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Article 2(1) of the Convention. Scope of application. Self-employment and work in the informal economy. In its previous comments, the Committee requested the Government to clarify whether section 90.1 of the Coalition Provisional Authority Order No. 89 of 2004 (Amendments to Chapter II, Part IV of the Labour Code of 1987) which fixes the minimum age of 15 years for admission to any kind of employment or work within the territory of Iraq also applied to children who perform work outside an employment relationship, such as self-employed children.

The Committee notes that the Government adopted a new Labour Law of 2015 which repeals Order No. 89 of 2004. It notes with interest that according to section 3 of the Labour Law of 2015, the provisions of this Law shall apply to all workers in Iraq. Section 7 of the Labour Law provides that the minimum age of employment in Iraq is 15 years. The Committee further notes from the report submitted by the Government under the Worst Forms of Child Labour Convention, 1999 (No.182) that a committee under the supervision of Childhood Welfare Authority was set up under the Ministry of Labour and Social Affairs to investigate and raise awareness among children and young persons working in the informal economy in order to eliminate child labour in this sector. The Committee requests the Government to indicate the activities undertaken by the committee, under the Childhood Welfare Authority, to eliminate child labour in the informal economy as well as the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously observed that according to the provisions of Act No. 118 of 1976, compulsory education, which lasts for a period of six years and begins at the age of 7 years is completed at the age of 13 years. It also noted the Government’s indication that the new Bill on compulsory education provides for free and compulsory education to all children who have completed six years and obliges parents to enrol their children at schools and ensure their attendance at school until the completion of primary schooling or until the age of 15 years.

The Committee notes the information provided by the Government in its report under Convention No. 182 that the Ministry of Education is currently examining the possibility of extending compulsory education up to 15 years. Considering that compulsory education is one of the effective means of combating child labour, the Committee urges the Government to take the necessary measures to extend the compulsory education up to the minimum age for employment, which is 15 years. It requests the Government to provide information on any progress made in this regard.

Article 7. Light work. In its previous comments, the Committee noted the Government’s information that the national legislation does not provide for any exceptions for light work.

The Committee notes that the Labour Law of 2015 does not regulate light work activities for children under 15 years of age as permitted by Article 7 of this Convention.

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Article 2(1) of the Convention. Scope of application. Self-employment. The Committee had previously noted that according to section 8 of the Labour Code of 1987, the provisions of the Labour Code including those concerning young persons do not apply to work done by young persons outside an employment relationship or on their own account. It had also noted that as per section 2 of the draft Labour Code, the provisions of the Code are applicable to workers working in the private, mixed or cooperative sector and a worker is defined as a person who works under the direction of an employer in return for wages. The Committee had further noted that according to section 90.1 of the Coalition Provisional Authority Order No. 89 of 2004 (Amendments to Chapter II, Part IV of the Labour Code of 1987), the minimum age for admission to any kind of employment or work within the territory of Iraq shall be 15 years. Noting with regret that the Government has not replied to its previous comments, the Committee once again asks the Government to clarify whether section 90.1 of Order No. 89 of 2004 also applies to children who perform work outside an employment relationship, such as self-employed children.

Article 2(3). Age of completion of compulsory schooling. The Committee had previously observed that according to the provisions of Act No. 118 of 1976, compulsory education, which lasts for a period of six years and begins at the age of 7 years is completed at the age of 13 years. It had further noted with interest the Government’s indication that the new Bill on compulsory education provides for free and compulsory education to all children who have completed six years and that the Bill obliges the parents to enrol their children at schools and ensure their attendance at school until the completion of primary schooling or until the age of 15 years.

The Committee notes that the Government has not provided any information with regard to the adoption of this Bill. Moreover, the Committee notes that according to a report available on the website of the United Nations High Commissioner for Refugees (UNHCR), 69.6 per cent of children between the ages of 5 and 14 are attending school. The Committee expresses its concern at the low percentage of children attending school in Iraq. Considering that compulsory education is one of the effective means of combating child labour, the Committee requests the Government to take the necessary measures to improve the functioning of the education system in the country. In this respect, it once again expresses the firm hope that the new Bill on Compulsory Education will be adopted and implemented in the near future. It also requests the Government to provide a copy once it has been adopted.

Article 7. Light work. The Committee had previously noted the Government’s information that the national legislation does not provide for any exceptions authorized by this Article. It had noted, however, that, according to a report available on the website of the UNHCR, 12.4 per cent of children between the ages of 5 and 14 are working in Iraq. Observing the high proportion of children between the ages of 5 and 14 who are working, the Committee had requested the Government to take the necessary measures to regulate employment by persons of 13–15 years of age in light work.

The Committee notes the absence of information in the Government’s report. In this regard the Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the national legislation may permit the employment of children of 13–15 years in light work, on condition that it is not likely to be harmful to their health or development or prejudice their attendance at school and their participation in vocational orientation or training programmes. Furthermore, under the terms of Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. Considering the number of children under 15 years of age who are engaged in work in the country, the Committee once again requests the Government to take the necessary measures to regulate employment by persons of 13–15 years of age in light work, determine the activities in which light work may be authorized, and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that in spite of the difficult situation in the country, the Government seeks to apply the Convention in practice by amending the Labour Code, the draft of which is currently being examined by the Majlis El Nouwab (House of Representatives). It also notes the Government’s information that the Childhood Welfare Authority under the Ministry of Labour carries out policies, studies and research aimed at the elimination of child labour. The Committee requests the Government to provide a copy of the Labour Code as amended, once it has been adopted.

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Article 2(1) of the Convention. Scope of application. Self-employment. The Committee had previously noted that, according to section 8 of the Labour Code of 1987, the provisions of the Labour Code, including those concerning young persons, do not apply to work done by young persons outside an employment relationship or on their own account. It had also noted the Government’s indication that a draft amendment of the Labour Code (draft Labour Code) was being examined by the Shoura Council for adoption. The Committee had further noted that, according to section 2 of the draft Labour Code, the provisions of the Code are applicable to workers working in the private, mixed or cooperative sector and a worker is defined as a person who works under the direction of an employer in return for wages. The Committee had requested the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. The Committee notes the Government’s statement that the new Bill on Social Security has adopted the principle of optional coverage by social insurance of all work, whether done in the family or in any other work. It also notes that, according to section 90.1 of the Coalition Provisional Authority Order No. 89 of 2004 (Amendments to Chapter II, Part VI, of the Labour Code of 1987), the minimum age for admission to any kind of employment or work within the territory of Iraq shall be 15 years. The Committee requests the Government to clarify whether section 90.1 of Order No. 89 of 2004 also applies to children who perform work outside an employment relationship, such as self-employed children.

Article 2(3). Age of completion of compulsory schooling. The Committee had previously noted the Government’s reference to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at the age of 7 years. Observing that the compulsory education is completed at the age of 13 years, the Committee had requested the Government to indicate the measures taken or envisaged to provide free and compulsory education to all children up to the minimum age for employment which is 15 years, as a means to combat and prevent child labour. The Committee notes with interest the Government’s indication that the new Bill on Compulsory Education provides for free and compulsory education to all children who have completed six years. It also notes the Government’s indication that the Bill obliges the parents to enrol their children at schools and ensure their attendance at school until the completion of primary schooling or until the age of 15 years. The Committee expresses the firm hope that the new Bill on Compulsory Education will be adopted in the near future. It also requests the Government to provide a copy once it has been adopted.

Article 7. Light work. The Committee had previously noted the Government’s information that the national legislation does not provide for any exceptions authorized by this Article. The Committee notes, however, that, according to a report entitled “2008 Findings on the Worst Forms of Child Labour – Iraq”, available at the website of the United Nations High Commissioner for Refugees (www.unhcr.org), 12.4 per cent of children between the ages of 5 and 14 are working in Iraq. The Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the national legislation may permit the employment of children of 13–15 years in light work, on condition that it is not likely to be harmful to their health or development or prejudice their attendance at school and their participation in vocational orientation or training programmes. Furthermore, under the terms of Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. Considering the number of children under 15 years of age who are engaged in work in the country, the Committee requests the Government to take the necessary measures to regulate employment by persons of 13–15 years of age in light work, determine the activities in which light work may be authorized, and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that there has been a decrease in the employment of children under the age of 18 years in the country. It also notes the Government’s indication that the Ministry of Interior and the Ministry of Labour and Social Affairs carry out monitoring of the labour legislation through inspections. The Government further states that the state institutions and departments, the public sector and trade unions collaborate with each other in achieving universal compulsory education. The Ministry of Education collaborates with the Ministry of Labour and Social Affairs so as to ensure the application of the provisions prohibiting the employment of children under 15 years of age, and to subject the persons violating these provisions to penalties as specified under the Labour Code. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

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The Committee notes the Government’s report. It notes the Government’s indication that a draft amendment of the Labour Code (hereinafter draft Labour Code) is currently being examined by the Shoura Council for adoption.

Article 2, paragraph 1, of the Convention. 1. Scope of application. (a) Family undertakings. The Committee had previously noted the Government’s indication that it had taken the necessary measures to repeal section 96 of the Labour Code of 1987 which provides for the exclusion of young persons employed in a family undertaking under the supervision of the spouse, father, mother or brother. The Committee notes that Chapter II of the Labour Code on the Protection of Young Persons has been amended by Order No. 89 of 2004 (hereinafter the Labour Code, as amended). According to section 96 of the Labour Code, as amended, certain provisions of the Code, such as medical examination and supervision (section 92), hours of work of young persons and annual leave (section 93), and maintenance of a register of young persons shall not apply to young persons over 15 years employed in a family enterprise supervised by their spouse, father, mother brother or sister. The Committee observes that all the other provisions of the Labour Code, as amended related to the minimum age of employment and minimum age for hazardous work are applicable to all young persons irrespective of the kind of work and circumstances of their employment.

(b) Self-employment. The Committee had previously noted that, according to section 8 of the Labour Code of 1987, the provisions of the Labour Code, including those concerning young persons, do not apply to work done by young persons outside an employment relationship or on their own account. It also notes that under section 2 of the draft Labour Code, the provisions of the Code are applicable to workers working in the private, mixed or cooperative sector and a worker is defined as a person who works under the direction of an employer in return for wages. The Committee once again reminds the Government that the Convention applies to all sectors of economic activity and covers all types of employment or work whether or not performed within an employment relationship, and whether or not they are remunerated. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

2. Minimum age for admission to employment or work. The Committee notes that, according to section 90.1 of the Labour Code, as amended, the minimum age for admission to any kind of employment within the territory and on means of transport registered in the territory shall be 15 years. The Committee also notes that, by virtue of section 88.1 of the draft Labour Code, young persons (defined by virtue of section 1(19) as persons aged 15 years but not yet 18 years) shall not be admitted to authorized employment unless they have been found fit for work after a thorough medical examination.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted the Government’s reference to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at the age of 7. The Committee observes that the compulsory education is completed at the age of 13 years. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention is fulfilled since the minimum age for employment (15 years for Iraq) is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the effective means of combating child labour and is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages does not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee therefore requests the Government to indicate the measures taken or envisaged to provide free and compulsory education to all children up to the minimum age for employment which is 15 years, as a means to combat and prevent child labour. It requests the Government to provide information in its next report on any developments in this regard.

Article 7. Light work. The Committee notes the Government’s information that the national legislation does not provide for any exceptions authorized by this Article. The Committee notes, however, that according to a report entitled 2007 Findings on the Worst Forms of Child Labour – Iraq, available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org), 12.4 per cent of children between the ages of 5 and 14 were working in Iraq. It also notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.94, 26 October 1998, paragraph 26) expressed concern at the increased rate of economic exploitation of children and the increasing number of children leaving school at an early age, to work to support themselves and their families. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the national legislation may permit the employment of children of 13–15 years in light work, on condition that it is not likely to be harmful to their health or development or prejudice their attendance at school, their participation in vocational orientation or training programmes. Furthermore, under the terms of Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. Considering the number of children under 15 years of age who are engaged in work in the country, the Committee hopes that the Government will take the necessary measures to regulate employment by persons of 13–15 years of age on light work, determine the activities in which light work may be authorized, and prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

1. Application of the Convention to family undertakings. The Committee noted in its previous comments that, under section 96 of the Labour Code, the provisions of the Code establishing protection do not apply to young persons employed in a family undertaking under the authority and supervision of the husband, father, mother or brother, and asked the Government to indicate the measures taken or envisaged to extend the provisions giving effect to the Convention to the undertakings referred to in section 96. In this connection, the Committee noted the Government’s statements that it had taken the necessary measures to repeal section 96 of the Labour Act in order to bring national legislation into conformity with the Convention. It again asks the Government to supply the text of the amendment as soon as it is promulgated as stated in the report.

2. Application of the Convention to work or employment performed outside an employment relationship. In its previous comments, the Committee also noted that, under section 8 of the Labour Code, the provisions of the Code concerning the protection of young persons do not apply to work done by young persons outside an employment relationship or on their own account. Since the Convention, under Article 2, paragraph 1, applies to all types of work or employment (including work performed by children and young people outside an employment relationship), it again asks the Government to indicate the measures taken or envisaged to extend the protection laid down in the Code to young persons engaged in work on their own account or outside an employment relationship.

3. The Committee noted the Government’s earlier reference to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at age 7 which, according to the Government, in practice implies that the age of admission to work is 14. The Committee recalled that Iraq specified the minimum age of 15 years under Article 2, paragraph 1, at the moment of ratification of this Convention. It pointed out that the Government could use Article 7 of the Convention, which authorizes the employment of children between 13 and 15 years of age in light work which is not likely to be harmful to their health or development or to prejudice their attendance at school or their training. In this context, the competent authority must not only determine the activities in which employment or work may be permitted but also prescribe the number of hours and the conditions of such employment. The Committee further noted that the Government had noted in its report to the United Nations Committee on the Rights of the Child (CRC/C/15/Add.94, paragraph 198) that large numbers of children have dropped out from schools, and that students engage in odd jobs in order to help their parents or guardians to meet the cost of living. The Committee once again asks the Government to supply information on the measures taken or envisaged to prohibit employment or work of children under 15 years of age and to restrict the exceptions to the cases and conditions laid down in the Convention.

The Committee again asks the Government to supply information on the practical application of the Convention, including any statistics on the employment of children, the inspections made and the contraventions reported (Part V of the report form).

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The Committee notes the information supplied by the Government in its report. However, it notes that it does not reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1.  Application of the Convention to family undertakings.  The Committee noted in its previous comments that, under section 96 of the Labour Code, the provisions of the Code establishing protection do not apply to young persons employed in a family undertaking under the authority and supervision of the husband, father, mother or brother, and asked the Government to indicate the measures taken or envisaged to extend the provisions giving effect to the Convention to the undertakings referred to in section 96. In this connection, the Committee notes the Government’s statements in its report that the Government has taken the necessary measures to repeal section 96 of the Labour Act in order to bring national legislation into conformity with the Convention. It asks the Government to supply the text of the amendment as soon as it is promulgated as stated in the report.

2.  Application of the Convention to work or employment performed outside an employment relationship.  In its previous comments, the Committee also noted that, under section 8 of the Labour Code, the provisions of the Code concerning the protection of young persons do not apply to work done by young persons outside an employment relationship or on their own account. Since the Convention, under Article 2, paragraph 1, applies to all types of work or employment (including work performed by children and young people outside an employment relationship), and in the absence of reply on this point, it again asks the Government to indicate the measures taken or envisaged to extend the protection laid down in the Code to young persons engaged in work on their own account or outside an employment relationship.

3.  The Committee also noted the Government’s earlier reference to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at age 7 which, according to the Government, in practice implies that the age of admission to work is 14. The Committee recalls that Iraq specified the minimum age of 15 years under Article 2, paragraph 1, at the moment of ratification of this Convention. It points out that the Government could use Article 7 of the Convention, which authorizes the employment of children between 13 and 15 years of age in light work which is not likely to be harmful to their health or development or to prejudice their attendance at school or their training. In this context, the competent authority must not only determine the activities in which employment or work may be permitted but also prescribe the number of hours and the conditions of such employment. The Committee further notes that the Government noted in its report to the United Nations Committee on the Rights of the Child (CRC/C/15/Add.94, paragraph 198) that large numbers of children have dropped out from schools, and that students engage in odd-jobs in order to help their parents or guardians to meet the cost of living. The Committee once again asks the Government to supply information on the measures taken or envisaged to prohibit employment or work of children under 15 years of age and to restrict the exceptions to the cases and conditions laid down in the Convention.

The Committee also asks the Government to supply information on the practical application of the Convention, including any statistics on the employment of children, the inspections made and the contraventions reported (Part V of the report form).

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1. Application of the Convention to family undertakings. The Committee noted in its previous comments that, under section 96 of the Labour Code, the provisions of the Code establishing protection do not apply to young persons employed in a family undertaking under the authority and supervision of the husband, father, mother or brother, and asked the Government to indicate the measures taken or envisaged to extend the provisions giving effect to the Convention to the undertakings referred to in section 96. In this connection, the Committee notes the Government's statements in its report that the Government has taken the necessary measures to repeal section 96 of the Labour Act in order to bring national legislation into conformity with the Convention. It asks the Government to supply the text of the amendment as soon as it is promulgated as stated in the report.

2. Application of the Convention to work or employment performed outside an employment relationship. In its previous comments, the Committee also noted that, under section 8 of the Labour Code, the provisions of the Code concerning the protection of young persons do not apply to work done by young persons outside an employment relationship or on their own account. Since the Convention, under Article 2, paragraph 1, applies to all types of work or employment (including work performed by children and young people outside an employment relationship), and in the absence of reply on this point, it again asks the Government to indicate the measures taken or envisaged to extend the protection laid down in the Code to young persons engaged in work on their own account or outside an employment relationship.

3. The Committee also noted the Government's earlier reference to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at age 7 which, according to the Government, in practice implies that the age of admission to work is 14. The Committee recalls that Iraq specified the minimum age of 15 years under Article 2, paragraph 1, at the moment of ratification of this Convention. It points out that the Government could use Article 7 of the Convention, which authorizes the employment of children between 13 and 15 years of age in light work which is not likely to be harmful to their health or development or to prejudice their attendance at school or their training. In this context, the competent authority must not only determine the activities in which employment or work may be permitted but also prescribe the number of hours and the conditions of such employment. The Committee further notes that the Government noted in its report to the United Nations Committee on the Rights of the Child (CRC/C/15/Add.94, paragraph 198) that large numbers of children have dropped out from schools, and that students engage in odd-jobs in order to help their parent or guardians to meet the cost of living. The Committee once again asks the Government to supply information on the measures taken or envisaged to prohibit employment or work of children under 15 years of age and to restrict the exceptions to the cases and conditions laid down in the Convention.

The Committee also asks the Government to supply information on the practical application of the Convention, including any statistics on the employment of children, the inspections made and the contraventions reported (Part V of the report form).

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Application of the Convention to work or employment performed outside an employment relationship. In its previous comments, the Committee noted that, under section 8 of the Labour Code, the provisions of the Code concerning the protection of young persons do not apply to work done by young persons outside an employment relationship on their own account. Since the Convention, under Article 2, paragraph 1, applies to all types of work or employment (including work performed by children and young people), it asks the Government to indicate the measures taken or envisaged to extend the protection laid down in the Code to young persons engaged in employment or work on their own account or outside an employment relationship.

The Government stated in its previous report that the departments concerned cooperate with regard to regulating the work of persons engaged in work on their own account. While noting this information, the Committee is bound to point out that national practice in this respect is not adequate to give effect to the Convention. Consequently, it once again requests the Government to bring its legislation into full conformity with the Convention on this point when the Labour Code is revised.

2. Application of the Convention to family undertakings. The Committee also noted that, under section 96 of the Labour Code, the provisions of the Code establishing protection do not apply to young persons employed in a family undertaking under the authority and supervision of the husband, father, mother or brother. Since the Convention does not provide for any exceptions with regard to work performed in family undertakings, the Committee asks the Government to indicate the measures taken or envisaged to extend the provisions giving effect to the Convention to the undertakings referred to in section 96. In this connection, it pointed out that the Government could use Article 7 of the Convention, which authorizes the employment of children between 13 and 15 years of age in light work which is not likely to be harmful to their health or development or to prejudice their attendance at school or their training. In this context, the competent authority must not only determine the activities in which employment or work may be permitted but also prescribe the number of hours and the conditions of such employment.

The Committee notes the Government's earlier reply to the effect that work by young persons in family undertakings is performed in suitable conditions. The Government also referred to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at age 7 which, according to the Government, in practice implies that the age of admission to work is 14. The Committee notes that the practice described by the Government is not consistent with the requirements of the Convention on this point. Furthermore, in the absence of the provisions contained in Article 7, this practice could be contrary to the general prohibition from employing children under 15 years of age set out in Article 2 of the Convention. The Committee once again asks the Government to inform it of the measures taken or envisaged to restrict employment of children under the prescribed minimum age to the cases and conditions laid down in Article 7 of the Convention.

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The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

1. Application of the Convention to work or employment performed outside an employment relationship. In its previous comments, the Committee noted that, under section 8 of the Labour Code, the provisions of the Code concerning the protection of young persons do not apply to work done by young persons outside an employment relationship on their own account. Since the Convention, under Article 2, paragraph 1, applies to all types of work or employment (including work performed by children and young people), it asks the Government to indicate the measures taken or envisaged to extend the protection laid down in the Code to young persons engaged in employment or work on their own account or outside an employment relationship.

The Government stated in its previous report that the departments concerned cooperate with regard to regulating the work of persons engaged in work on their own account. While noting this information, the Committee is bound to point out that national practice in this respect is not adequate to give effect to the Convention. Consequently, it once again requests the Government to bring its legislation into full conformity with the Convention on this point when the Labour Code is revised.

2. Application of the Convention to family undertakings. The Committee also noted that, under section 96 of the Labour Code, the provisions of the Code establishing protection do not apply to young persons employed in a family undertaking under the authority and supervision of the husband, father, mother or brother. Since the Convention does not provide for any exceptions with regard to work performed in family undertakings, the Committee asks the Government to indicate the measures taken or envisaged to extend the provisions giving effect to the Convention to the undertakings referred to in section 96. In this connection, it pointed out that the Government could use Article 7 of the Convention, which authorizes the employment of children between 13 and 15 years of age in light work which is not likely to be harmful to their health or development or to prejudice their attendance at school or their training. In this context, the competent authority must not only determine the activities in which employment or work may be permitted but also prescribe the number of hours and the conditions of such employment.

The Committee notes the Government's earlier reply to the effect that work by young persons in family undertakings is performed in suitable conditions. The Government also referred to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at age 7 which, according to the Government, in practice implies that the age of admission to work is 14. The Committee notes that the practice described by the Government is not consistent with the requirements of the Convention on this point. Furthermore, in the absence of the provisions contained in Article 7, this practice could be contrary to the general prohibition from employing children under 15 years of age set out in Article 2 of the Convention. The Committee once again asks the Government to inform it of the measures taken or envisaged to restrict employment of children under the prescribed minimum age to the cases and conditions laid down in Article 7 of the Convention.

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The Committee notes that the Government's report has not been received since the indication in 1993 of its intention to repeal section 96 of the Labour Code. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Application of the Convention to work or employment performed outside an employment relationship. In its previous comments, the Committee noted that, under section 8 of the Labour Code, the provisions of the Code concerning the protection of young persons do not apply to work done by young persons outside an employment relationship on their own account. Since the Convention, under Article 2, paragraph 1, applies to all types of work or employment (including work performed by children and young people), it asks the Government to indicate the measures taken or envisaged to extend the protection laid down in the Code to young persons engaged in employment or work on their own account or outside an employment relationship.

The Government stated in its previous report that the departments concerned cooperate with regard to regulating the work of persons engaged in work on their own account. While noting this information, the Committee is bound to point out that national practice in this respect is not adequate to give effect to the Convention. Consequently, it once again requests the Government to bring its legislation into full conformity with the Convention on this point when the Labour Code is revised.

2. Application of the Convention to family undertakings. The Committee also noted that, under section 96 of the Labour Code, the provisions of the Code establishing protection do not apply to young persons employed in a family undertaking under the authority and supervision of the husband, father, mother or brother. Since the Convention does not provide for any exceptions with regard to work performed in family undertakings, the Committee asks the Government to indicate the measures taken or envisaged to extend the provisions giving effect to the Convention to the undertakings referred to in section 96. In this connection, it pointed out that the Government could use Article 7 of the Convention, which authorizes the employment of children between 13 and 15 years of age in light work which is not likely to be harmful to their health or development or to prejudice their attendance at school or their training. In this context, the competent authority must not only determine the activities in which employment or work may be permitted but also prescribe the number of hours and the conditions of such employment.

The Committee notes the Government's earlier reply to the effect that work by young persons in family undertakings is performed in suitable conditions. The Government also referred to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at age 7 which, according to the Government, in practice implies that the age of admission to work is 14. The Committee notes that the practice described by the Government is not consistent with the requirements of the Convention on this point. Furthermore, in the absence of the provisions contained in Article 7, this practice could be contrary to the general prohibition from employing children under 15 years of age set out in Article 2 of the Convention. The Committee once again asks the Government to inform it of the measures taken or envisaged to restrict employment of children under the prescribed minimum age to the cases and conditions laid down in Article 7 of the Convention.

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1. Application of the Convention to work or employment performed outside an employment relationship. In its previous comments, the Committee noted that, under section 8 of the Labour Code, the provisions of the Code concerning the protection of young persons do not apply to work done by young persons outside an employment relationship on their own account. Since the Convention, under Article 2, paragraph 1, applies to all types of work or employment (including work performed by children and young people), it asks the Government to indicate the measures taken or envisaged to extend the protection laid down in the Code to young persons engaged in employment or work on their own account or outside an employment relationship.

The Government states in its report that the departments concerned cooperate with regard to regulating the work of persons engaged in work on their own account. While noting this information, the Committee is bound to point out that national practice in this respect is not adequate to give effect to the Convention. Consequently, it once again requests the Government to bring its legislation into full conformity with the Convention on this point when the Labour Code is revised.

2. Application of the Convention to family undertakings. The Committee also noted that, under section 96 of the Labour Code, the provisions of the Code establishing protection do not apply to young persons employed in a family undertaking under the authority and supervision of the husband, father, mother or brother. Since the Convention does not provide for any exceptions with regard to work performed in family undertakings, the Committee asks the Government to indicate the measures taken or envisaged to extend the provisions giving effect to the Convention to the undertakings referred to in section 96. In this connection, it pointed out that the Government could use Article 7 of the Convention, which authorises the employment of children between 13 and 15 years of age in light work which is not likely to be harmful to their health or development or to prejudice their attendance at school or their training. In this context, the competent authority must not only determine the activities in which employment or work may be permitted but must also prescribe the number of hours and the conditions of such employment.

The Committee notes the Government's reply to the effect that work by young persons in family undertakings is performed in suitable conditions. The Government also refers to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at age 7 which, according to the Government, in practice implies that the age of admission to work is 14. The Committee notes that the practice described by the Government is not consistent with the requirements of the Convention on this point. Furthermore, in the absence of the provisions contained in Article 7, this practice could be contrary to the general prohibition from employing children under 15 years of age set out in Article 2 of the Convention. The Committee once again asks the Government to inform it of the measures taken or envisaged to restrict employment of children under the prescribed minimum age to the cases and conditions laid down in Article 7 of the Convention.

The Committee notes the Government's reply concerning Instruction No. 19 of 1987, adopted pursuant to section 90 of the Labour Code, and Resolution No. 686 of 30 October 1989.

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I. The Committee notes that the Government's report does not contain information in reply to its previous comments which refer to the following points:

1. Application of the Convention to work or employment performed outside an employment relationship. The Committee notes that, under section 8 of the Labour Code, No. 71 of 1987, the provisions of the Code (including those concerning young persons) are applicable to all workers employed in the private, joint and co-operative sectors and a worker is defined as a person who carries out work for a wage in the service of an employer. Since the Convention under Article 2, paragraph 1 applies to all types of work or employment, including work done by children and young persons outside an employment relationship or on their own account, the Committee requested the Government to indicate the measures taken or envisaged to ensure the application of the Convention to young persons engaged in all types of employment or work done inside or outside an employment relationship.

2. Application of the Convention to family undertakings. The Committee notes that under section 96 of the above Labour Code, the provisions of Chapter V of the Code do not apply to young persons employed in a family undertaking under the authority and supervision of the husband, father, mother or brother. Since the Convention does not provide for any derogation as regards work performed in family undertakings, the Committee requested the Government to indicate the measures taken or envisaged to extend the provisions which give effect to the Convention to the undertakings referred to in section 96. In this connection, the Committee has noted that the Government did not make use of Article 7 of the Convention, which authorises the employment of children between 13 and 15 years of age on light work, subject to certain conditions. The Government may therefore wish to make use of that Article in respect of undertakings referred to in section 96 of the Labour Code.

3. The Committee has also requested the Government to indicate whether Instruction No. 19 of 1987, adopted in pursuance of section 90 of the Labour Code concerning the prohibition to employ young persons under 18 years to certain types of work likely to jeopardise their health and safety, applies to the undertakings referred to in section 96.

The Committee hopes that the next report will contain the information requested and indicate the measures taken to ensure the full application of the Convention on the points mentioned above.

II. The Committee has also noted resolution No. 686 of 30 October 1989 under which "a juvenile can be employed for purposes of preparing, training and developing a profession, being not restricted to a definite age". Since under Article 6 of the Convention the only exception authorised in relation to vocational training concerns work done by children or young persons in schools for general, vocational or technical education or in other training institutions or work done by persons, at least 14 years of age in undertakings, when such work is carried out in accordance with conditions prescribed by the competent authority and after consultation with the employers' and workers' organisations concerned, the Committee requests the Government to indicate the way in which the above resolution is applied in practice and the measures taken to prohibit such work by persons under the age of 14 years in undertakings.