Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Iraq (RATIFICATION: 1959)

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Written information provided by the Government

The Iraqi Constitution of 2005, which is “the supreme law in Iraq”, provides strong protection against discrimination and guarantees equal treatment for all Iraqis regardless of gender, race, nationality, origin, colour, religion, sector, belief, opinion, or economic or social situation. The Constitution offers strong equal rights and lays a solid foundation for the rest of Iraqi legal texts. Most notably, article 14 of the Constitution contains an equal protection clause for all.

Iraq has ratified many major human rights treaties, including several treaties that directly affect the status of minorities. By ratifying the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Iraq has pledged to abide by international law in protecting the civil, social, economic, political, and cultural rights of Iraqi minorities.

The Coalition Provisional Authority Order No. 7 issued in April 2003 regarding the Penal Code No. 111 of 1969 included in article 4 an important clause against discrimination in order to protect the rights of minorities: “All those who serve in governmental posts or work in public sector including police workers, public prosecutors and judges are to apply the law without bias in the performance of their official duties. No discrimination will be practiced against any person because of his gender, ethnicity, colour, language, religious affiliation, political opinion, nationality, ethnicity, meeting, or hometown.” The significance of this provision is that it is non-discriminatory. It was created along with article 372 of the Penal Code (which prohibits hate crimes and criminalizes acts that harm, attack, insult, disrupt, or destroy religious practices and holy sites for religious minorities in Iraq), as part of a strong set of laws that protect the interests of Iraqi minorities.

The Iraqi Labor Law No. 37 of 2015 that is in force was defined in accordance with article 1(25) – Direct discrimination: any distinction, exclusion or preference based on race, colour, gender, religion, sect, political opinion or political belief, origin or nationality.

Indirect discrimination is defined in article 26: it is any exclusion or preference, discrimination based on nationality, age, health status, economic status, social status, affiliation and trade union activity, and its effect shall nullify or weaken the application of equal opportunities or equal treatment in employment and profession.

This law aims, under article 2, to achieve sustainable development based on social justice and equality, and to secure decent work for all without any discrimination, to build the national economy and achieve human rights and fundamental freedoms.

Article 4 stipulates: Work is a right for every citizen who is capable of it, and the State shall work to provide it on the basis of equal opportunities without any kind of discrimination.

Article 6(4) of the Labor Law stipulates that: Freedom of work is protected, and the right to work may not be restricted or denied. The State pursues a policy of promoting full and productive work and respects the basic principles and rights in it, whether in law or application, which includes (4): Elimination of discrimination in employment and profession.

Article 8(1): This law prohibits any violation of the principle of equal opportunities and equality of treatment whatever the reason, and in particular discrimination between workers, whether direct or indirect, in everything related to vocational training or employment or terms and conditions of work.

With the exception of article 8(3): Not considered as discrimination, any distinction, exclusion, or preference in connection with a particular job if it is based on the qualifications required by the nature of this work.

The worker has the right to resort to the Labour Court to file a complaint when he is exposed to any form of forced labour, discrimination or harassment in employment and profession (under article 11(1)).

Imposes a penalty of imprisonment for a period not exceeding six months and a fine not exceeding 1 million Iraqi dinars or one of these two penalties for anyone who violates the provisions of the articles contained in this chapter relating to child labour, discrimination, forced labour and sexual harassment according to each case (under article 11(2).

When there is no text in this law, the provisions of the relevant Arab and international labour conventions legally ratified shall be applied (under article 14(2) of the Labour Law).

The employment contract does not end according to article 48(1)(e): Discrimination in employment and profession, whether direct or indirect.

Jobseekers may enrol in training programmes free of charge in accordance with article 26(4).

The worker enjoys the following rights: To benefit from vocational training programmes in accordance with article 42(1)(f).

Equality between the wages of women and men for work of equal value under article 53(5).

All projects and workplaces are covered by labour inspection under the direction and supervision of the Ministry, in accordance with the provisions of article 126 of the Labour Law.

The Inspection Department of the Directorate of Labour and Vocational Training of the Ministry of Labour and Social Affairs, according to article 127(1), undertakes many tasks (in clauses a,b,c and d of this article).

The Directorate of Labour and Vocational Training, one of the formations of the Ministry of Labour and Social Affairs, has prepared a workers complaint form, which is available to all, and an urgent response is made upon submission by the worker.

Inspection committees are authorized under article 128 of the Law to perform several tasks, including conducting any examination or inquiry deemed necessary to ensure that there is no violation of the provisions of this Law, especially the following:

Investigate with the employer or the project workers separately or in the presence of witnesses any matters related to the implementation of the provisions of this Law.

Review any books, records or other documents whose preservation is a duty according to the provisions of laws and instructions related to work to ensure their compatibility with the provisions of this Law. Copies or samples of these documents can be taken.

Under article 129, inspection committees prepare a report after each visit that includes a summary of violations and recommendations for taking legal action against employers who violate the law.

In the event that any case of discrimination or any violation of the Law is discovered, the recommendation is to refer the employer to the Labour Court in accordance with article 134(2). The Minister, based on the report of the inspection committee, may decide to refer the violating employer to the competent Labour Court in accordance with the provisions of this chapter, or to initiate a penal case against the violating employer based on the recommendation of the inspection committee based on the inspection visit report.

The report of the inspection committee, together with the inspector’s testimony, is evidence that the court will take when issuing its decision, unless proven otherwise (under article 134(3)).

Discussion by the Committee

Interpretation from Arabic: Government representative, Director-General, Labour and Vocational Training Directorate – I would like to thank the ILO for its remarkable efforts and mindfulness regarding the holding of the meetings of the 109th Session of the ILC, despite the circumstances and challenges that the whole world is facing due to the COVID-19 pandemic.

Regarding equal opportunities and treatment, regardless of gender, ethnicity, colour, religion or ethnic origin, the Iraqi Constitution of 2005 is the supreme and higher law in Iraq and provides for strong protection against discrimination. The Constitution guarantees equal treatment for all Iraqis, regardless of their gender, ethnicity, origin, colour, denomination, belief, opinion, economic or social status, and establishes strong and equal rights and lays down a strong foundation for the remaining legal texts.

Article 14 stipulates that Iraqis are equal before the law, without discrimination because of gender, ethnicity, origin, colour, denomination, belief, opinion or economic or social status. Direct discrimination has been defined, in accordance with the provisions of article 25(1) of the Labour Law No. 37 of 2015, as any discrimination, exclusion or preference based on ethnicity, colour, gender, religion, denomination, opinion, political belief or origin, and is prohibited.

As for ethnic and religious exclusion from some labour markets, including employment in the Government and in private sector positions, article 16 of the Constitution stipulates that providing equal opportunities is a right that is guaranteed to all Iraqis and that the State shall ensure that it takes all the necessary measures to achieve that goal.

The Coalition Provisional Authorities Decree No. 7 of 2003, regarding the Penal Code No. 111 of 1969, includes in its section 4 an important provision to combat discrimination, in order to protect the rights of minorities. It is incumbent on all persons who carry out governmental duties or occupy public functions, including those working in the police force or as prosecutors or judges, to implement the law without discrimination when carrying out their official tasks. No discrimination shall be exercised against anyone on account of their ethnic affiliation, colour, language, religious affiliation, political opinion, nationality, ethnic origin, social status or home origin. This provision, in addition to section 372 of the Penal Code, which prohibits hate crimes and criminalizes actions that harm, attack, insult, invalidate or destroy religious practices and holy sites of religious minorities in Iraq, has established a strong set of laws that protect the interest of the Iraqi minorities. We would also like to refer you to the provisions of section 3(1) of the Labour Law, which is in force and is applicable to all workers.

The State is striving to provide equal opportunities at work, without discrimination, in accordance with the provisions of section 4 of the Labour Law. Any violation or abuse of the principle of equal opportunities and treatment, whatever the reason, in particular with regard to discrimination between workers, whether direct or indirect discrimination and in relation to vocational training or employment or working terms and conditions, in accordance with section 8(1) of the Law, is prohibited. Indirect discrimination has been defined as any discrimination, exclusion or preference based on gender, age, health situation, social or economic status, trade union affiliation or activity, resulting in the cancellation, or weakening, of the implementation of equal opportunities and treatment in employment and occupation, and I refer you to section 1(26). The State has adopted a policy to strengthen full and productive work to observe fundamental rights and principles, whether in law or in practice. This is particularly the case in paragraph 4 of the Labour Law, regarding combating discrimination in employment, in accordance with article 6, which also aims to guarantee the rights of workers who file a complaint with a labour court when they are exposed to any form of forced labour, discrimination or harassment in employment and occupation, in accordance with section 11(1).

Sanctions of imprisonment are imposed for a period that does not exceed six months, and a fine that does not exceed 1 million Iraqi dinars, or either of these sanctions can be imposed, on anyone who violates the provisions of the articles related to child labour, discrimination, forced labour, sexual harassment, according to each particular case, in accordance with the provisions of section 11(2) of the Labour Law. No labour contract can be terminated because of discrimination in employment and occupation, whether the discrimination is direct or indirect, in accordance with the provisions of section 48(1)(e). As for the measures taken to combat the forms of discrimination faced by ethnic and religious minorities in employment and occupation, all projects, in workplaces covered by the provisions of this law, are subject to labour inspection under the supervision and guidance of the Ministry, in accordance with the provisions of section 126 of the Labour Law which is in force. The tasks of the Inspection Department, according to section 127(1)(e), include providing appropriate mechanisms to receive workers’ complaints about any violations of their rights under this Law, and to broadly inform workers on how to use that mechanism.

The Inspection Department may provide a guiding list on how workers can file their complaints, and on the information to be included in the complaints, and how to direct the complaints to the Inspection Department and the Directorate. In coordination with the Iraqi Parliament and the Trade Union Committee; an electronic form was prepared to file complaints to the Media Division, which is affiliated to the Office of the Director-General of the Labour and Vocational Training Directorate. When such complaints are received, they are sent to the Inspection Department, and through its Inspection Committee, so as to carry out investigations. Parties to the dispute are summoned to the Directorate in order to reach a settlement. If such a settlement is reached, the complainant receives all their rights and this is recorded. In the event that no settlement is reached, a recommendation is made. The Inspection Committee then prepares a report alongside the testimony of the inspector and these are considered as evidence by the court when it takes a decision. This is then recorded in a data bank that is communicated to the Trade Union Committee.

Most complaints, for which appropriate measures are taken, involve workers’ rights, working hours, wages, termination of work without prior notice, or a reduction in the number of workers without prior approval from the Minister of Labour and Social Affairs.

Complaints also have to do with termination of work through coercion, by making the worker sign their resignation. Contact is made with citizens through social media websites, such as Facebook and, when receiving complaints, through private letters that are forwarded to the concerned sections so as to take the necessary measures.

Due to the COVID-19 pandemic and the lockdown that was imposed, as a consequence of the pandemic, a number of employers terminated workers’ contracts unjustly. A hotline was therefore established at the Ministry using the WhatsApp application, so as to receive complaints, which were forwarded to the relevant section. These measures include Baghdad and the other regions. A hotline system with four channels for the Ministry was purchased and a full channel shall be assigned to the Inspection Department. Our Ministry has not received any complaints regarding ethnic discrimination in the workplace. However, we would like to request technical assistance to train work inspectors and specialists in this field.

As regards direct and indirect discrimination indicators, as well as forced labour, citizens’ awareness shall be raised through social media, so as to inform them of their rights in the field of direct and indirect discrimination, bearing in mind the small amount of complaints that are forwarded to the Ministry in this regard. Under the supervision of and with the financing of the Central Bank, coordination in relation to those topics has begun with the University of Baghdad and the work inspectors in Baghdad and the provinces. In the field of ethnic discrimination against women, at the Ministry of Labour and Social Affairs an online symposium was held for inspectors on how to use an electronic form. Currently, data is being collected regarding inspectors’ opinions on how to investigate, along with women, the occurrence of ethnic discrimination against women in the work place. The data will then be analysed and provided to you along with any updates on this front.

You will also be provided at a later stage with updates regarding the draft Law on the Protection of Diversity and Combating Discrimination, as well as regarding the draft Law on the protection of the rights of religious and ethnic minority groups. The Government has adopted a law on Yazidi women survivors, No. 8 of 2021, as compensation for what they endured in particular, and to protect them and their regions in view of the consequences of the crimes committed against them and against the other Christian, Turkmen and Shabak communities. These crimes are considered as crimes against humanity, crimes that resulted in physical, psychological, social and material harm for all the victims, in particular women and children. And efforts are being made to integrate them into society.

Regarding the absence of complaints, legal measures to address ethnic discrimination, or the absence of the authorities’ will to file legal actions against the perpetrators of such actions, Iraq has ratified many of the main human rights treaties, including many treaties that have a positive impact on the situation of minorities, including the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination. Therefore, Iraq has respected international law in protecting the civil, social, economic, political and cultural rights of the Iraqi minorities.

With regard to providing statistics on gender and the employment of ethnic minorities, and the sectors in which they work, a gender unit has been established under the auspices of the legal department of the Human Rights Division, which is a component of the Ministry of Labour and Social Affairs. It ensures, inter alia, the integration of a gender perspective in employment and occupation and the achievement of social equity between men and women, thereby strengthening the principles of equal employment and guaranteeing sectoral statistics and providing data based on gender and an analysis of gender integration.

Taking into consideration gender perspectives within strategic planning and the Government’s work plans, you will also be provided with information about the number and nature of complaints, relating to discrimination based on religion, colour and origin, that have been presented to the courts and other competent authorities, such as the Supreme Iraqi Commission.

As for discriminatory stereotypes based on gender, colour or origin of workers that are still hindering men’s and women’s participation in education and in vocational training programmes, and their ability to obtain a wide range of work opportunities, leading to minimum wages for similar work, section 19(1) of the Labour Law provides for free legal advice and services for jobseekers, employers, employees and workers. Section 26(4) allows jobseekers to join training programmes free of charge.

Workers enjoy rights, as stipulated in section 42(1)(c) on equal opportunities and treatment in employment and occupation, without discrimination. In paragraph 42(1)(g), workers benefit from vocational training programmes. Equal wages between men and women for equal work is also stipulated in section 17. Under Law No. 38 on Rewards to the Trainers in Vocational Training Centres Affiliated to the Ministry of Labour and Social Affairs, of 2008, any trainer who joins the vocational training centres affiliated to the Ministry of Labour and Social Affairs would obtain a training award, equivalent to 10,000 Iraqi dinars for every day they spend training others.

The reason why Iraq was late in preparing the annual report on this Convention is due to the fact that the Ministry of Labour had to address several sectoral bodies to prepare an integrated response. It is also due to the conditions of the COVID-19 pandemic in Iraq, given that many of these institutions and departments are not fully functioning, which delayed the answers for the preparation of our national report. In this regard, we will make sure to deliver forthcoming annual reports on the date set by the Committee. We would be grateful to receive from the ILO awareness-raising campaigns on all aspects of discrimination.

Employer members – The case of Iraq concerns Convention No. 111, which is a fundamental Convention that has been ratified by 175 Member States. Together with the Equal Remuneration Convention, 1951 (No. 100), the Convention is an important instrument that protects the fundamental principle of “the elimination of discrimination in respect of employment and occupation”. By way of background, Iraq ratified Convention No. 111 in 1959. The Committee discussed this case once before in 1993 and provided three observations in the past – in 2002, 2018 and 2020 – and we are grateful for the written information provided by the Government this year and the presentation given just now by the Director-General of the Department of Labour and Vocational Training.

The main issue in this case concerns discrimination against and exclusion of minority groups from certain labour markets, including employment in the Government and the public sector. We understand that Iraq’s population is a complex one, comprising 75–80 per cent Arabs, 15–20 per cent Kurd, and a number of ethnic minorities including Turkmen, Shabak, Chaldeans, Assyrians, Armenians, Iraqis of African descent and Roma. That said, the concerns raised in relation to Iraq’s application of the Convention relate primarily to two groups. The Committee of Experts’ observations highlighted that people of African descent are disproportionately affected by poverty and social exclusion, and racial discrimination and marginalization. Similarly, Roma citizens who do not hold national identification face discrimination, including in access to employment.

The Committee of Experts noted that the Government has developed a draft diversity protection and anti-discrimination bill and a draft law on the protection of the rights of religious and ethnic minority groups in 2017. Regretfully, however, we lack information on progress made towards implementation of these measures or of the provisions established under the Coalition Provisional Authority Decree No. 7 issued in April 2003, regarding the Penal Code No. 111 of 1969 and the Iraqi Labour Law No. 37 of 2015 concerning discrimination.

The Committee of Experts noted that the Government has not responded to its request to provide information on any measures taken to address discrimination faced by ethnic and religious minorities in employment and occupation. We note that Labour Law No. 37/2015, which entered into force in February 2016, prohibits both direct and indirect discrimination in all matters relating to vocational training, recruitment, and terms and conditions of employment. It also promotes equality of opportunity and treatment in employment and occupation as well as prohibiting sexual harassment and harassment based on sex. We further noticed that the Labour Law provides for sanctions (imprisonment for a period not exceeding six months or a fine not exceeding 1 million Iraqi dinars) in cases of discrimination and sexual harassment. The Law is couched in unequivocal terms and it is reasonable to expect that its application would be commensurate. The lack of information is therefore concerning. The Employer members echo the Committee of Experts’ request for information on the application in practice of Labour Law No. 37/2015 and for details of any complaints of discrimination or sexual harassment filed with the Labour Court, or details of any other complaint mechanisms, as well as any sanctions imposed.

With respect to the obligation to promote equality of opportunity and treatment in employment and occupation, we acknowledge that the adoption of legal provisions prohibiting discrimination on the basis of a number of grounds in employment and occupation constitutes an important step in addressing the matter covered by the Convention. However, as alluded to earlier, it is important to see this Law in action. The Committee of Experts drew the Government’s attention to the fact that the formulation and implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising.

Concrete and specific measures are necessary to address discrimination effectively and promote equality and this is what we now seek. We urge the Government to take steps to promote equal opportunities and treatment in employment and occupation irrespective of race, colour, sex, religion, political opinion, social origin and national extraction, and any other prohibited grounds of discrimination.

Equal opportunities for men and women, including men and women belonging to ethnic or religious groups, in the labour market, in the public and private sectors, should feature prominently in this regard as well as evidence of specific steps taken to promote tolerance and coexistence among religious and ethnic groups and raise awareness of the existing labour legislation prohibiting discrimination.

To conclude, we are pleased to see that laws upholding the principles of the Convention have been passed. Now we desire to see results. We echo the Committee of Experts’ request to the Government to:

• provide up-to-date information on the progress made in the adoption of the draft diversity protection and anti-discrimination bill and the draft law on the protection of the rights of religious and ethnic minority groups;
• strengthen its efforts and adopt proactive measures to address discrimination against ethnic and religious minority groups;
• report on the impact of these measures on increasing these groups’ access to employment and occupation; and
• provide statistical information, disaggregated by sex, on the employment of ethnic minority groups and the sectors and occupations in which they are employed.

Furthermore, we would also request the Government to provide detailed information on the application of the Convention in law and in practice in the country according to the regular reporting cycle.

Worker members – For 30 years, Iraq has experienced a series of extremely painful events. Even though the country appears to be moving towards reconstruction, lessons must be drawn from the recent past in this context. One of the most important lessons to be learned is the way in which ethnic and religious differences have been exploited in episodes of violence and destabilization of the country. Hence there is a need to neutralize these sources of tension by implementing inclusive policies aimed at eradicating all forms of discrimination.

The report of the Committee of Experts dealing with observance of the Convention echoes elements cited by the United Nations Committee on the Elimination of Racial Discrimination (CERD). The latter has expressed a number of concerns regarding the persistence of structural racial discrimination, marginalization and stigmatization to which individuals of African descent are exposed. The CERD has also expressed concern at the situation of Roma citizens who do not have standardized national identity documents, which reportedly exposes them to discrimination, particularly in access to employment.

We are fully aware of the situation in the country. Violence and armed conflict have resulted in major population displacements. This has been compounded by political and social tensions which have certainly affected the Government’s capacity to address these issues. However, it should be clear that this does not release the public authorities from the need to tackle these problems as an integral part of the reconstruction process.

In this regard, we note with concern that the bills aimed at combating discrimination and protecting minorities have remained pending in Parliament for a number of years. However, beyond the legal provisions, specific actions and measures taken to combat discrimination effectively must be taken into consideration above all.

The lack of transparency regarding the number of complaints on these matters and the way in which they have been handled makes it impossible to measure their scale accurately. The same applies to the absence of precision relating to the measures taken by the Government to combat the forms of discrimination covered by the Convention. The Workers’ group will provide illustrations by referring to specific cases which provide some insight, albeit only partial, into this sorry state of affairs.

However, allow me to highlight the situation of women who, in Iraq as in other countries in the region, remain heavily under-represented in the world of work and suffer many forms of discrimination in access to employment. These obstacles are aggravated by a set of conditions and provisions which literally place them under guardianship. This situation calls, as a matter of urgency, for relevant, coordinated responses capable of facing major challenges. I would also like to draw attention to the treatment of women migrant workers and women workers of African origin, who are even more heavily impacted by discriminatory practices.

The reconstruction of the country depends on taking serious account of these aspects, since an inclusive society is the best guarantee against instability.

Worker member, Norway – I am speaking on behalf of the trade unions in the Nordic countries. Iraq is discussed due to discrimination in employment and occupation. In addition to discrimination based on colour and religion, which has already been mentioned, there is also discrimination of women.

Women continue to be discriminated against in access to employment and job security. Only 16 per cent of women participate in Iraq’s formal labour force. COVID-19 measures have added to the disproportionate amount of time that women already spend on unpaid domestic care work compared to men. Loss of sources of income, confinement within the household, and increased stress and anxiety are some of the key prevalent causes of the reported increase in gender-based violence.

The Labour Law limits women from working during certain hours of the day and does not allow them to work in jobs deemed hazardous or arduous. Women must obtain permission from a male relative or guardian before being granted a Civil Status Identification Card for access to employment. The law does not prohibit discrimination based on age, sexual orientation or gender identity. In addition, Iraq has still to enact a national anti-domestic violence law and amend article 398 of the Penal Code of 1969 which currently allows marital rape and gives impunity to men for sexual violence against women and girls if they marry the victim.

Women trade unionists also face greater harassment. As an example of this we can mention Taiba Saad, a member of the Social Services Syndicate, who was kidnapped from the city of Baghdad. She was subjected to torture during her detention, such as being stripped and severely beaten.

We urge the Government of Iraq to take its obligations in the ILO seriously, comply with the Convention and provide the information requested by the Committee of Experts urgently.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries, Montenegro and Albania, the EFTA country Norway, member of the European Economic Area, as well as the Republic of Moldova, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights. We actively promote universal ratification and implementation of the fundamental international labour standards. We support the ILO in its indispensable role to develop, promote and supervise the application of international labour standards and of fundamental Conventions in particular.

The prohibition of discrimination is one of the most important principles of international human rights law. In the European Union’s founding treaties, the prohibition of discrimination is a core principle. With respect to employment and occupation, Convention No. 111 is founded on the same principle.

The EU and its Member States are long-term partners of Iraq. In response to the many challenges Iraq is facing after years of conflict, in 2018, the EU has adopted a new strategy for Iraq to support the Government’s efforts towards stabilization, reconstruction, reconciliation and development. The EU and Iraq have also signed a comprehensive Partnership and Cooperation Agreement.

We note the Committee’s observations, the report of the United Nations Special Rapporteur on minority issues on a mission to Iraq in 2016 and the observations made by the United Nations Committee on the Elimination of Racial Discrimination in 2019. We welcome the written information provided by the Government of Iraq and the clarifications as regards provisions of the Penal Code No. 111 and the Iraqi Labour Law No. 37.

However, we call on the Government to provide information on the progress made in the adoption of the draft diversity protection and anti-discrimination bill and the draft law on the protection of the rights of religious and ethnic minority groups. We welcome Iraq’s efforts, despite the difficult situation prevailing in the country, to cooperate with the ILO and to improve labour standards, notably through ratification of further ILO Conventions, and through projects also supported by the EU and its Member States.

In this regard, we welcome the signature of the Decent Work Country Programme at the end of 2019, the ratification of the Safety and Health in Agriculture Convention, 2001 (No. 184), and the ongoing Iraqi efforts for ratifying the Labour Inspection Convention, 1947 (No. 81), all supported by EU programmes.

Following the Committee’s report, and bearing in mind the Committee’s general observation of 2018, we underline that it is necessary to adopt a comprehensive, coordinated and proactive approach to tackling the obstacles and barriers in employment and occupation due to race, colour, sex, religion, political opinion, national extraction or social origin, and to promote equality of opportunity and treatment for all.

We call on the Government to strengthen its efforts and continue to report on the measures taken to eliminate discrimination against persons belonging to ethnic and religious minorities. We underline the importance of evidence-based policymaking and call upon the Government to provide gender and ethnic disaggregated data, substantiating the impact these measures have in terms of increased access of these groups to employment and occupation and a reduction in the number and the gravity of complaints.

In connection to discrimination, we take this opportunity to also call on the Government to take steps towards eliminating child labour.

The EU and its Member States remain committed to our close cooperation and partnership with Iraq and look forward to continuing joint efforts with the Government and the ILO, including in the elimination of discrimination in employment and occupation so as to improve labour standards for all in Iraq.

Interpretation from Arabic: Worker member, Bahrain – I would like to echo what the Worker members said and add a few points. Firstly, it is very important to strike a balance between different types of responsibilities and protecting workers rights, be they nationals or migrants. Secondly, the kafala system constrains the rights of migrant workers and we need to improve the situation in this regard. Thirdly, it is very important to make social justice for all workers in Iraq, and equality between them, a reality so that decent jobs are a reality for all in spite of divisions of various types. For instance, the unemployment rate in the south of Iraq, and particularly in the area of Basra, is at 20 per cent, despite the fact that that is one of the richest areas in the country and has significant natural resources such as oil and gas.

Due to the lack of transparency, residents cannot benefit from essential services to a sufficient extent, such as education, healthcare and social protection. Iraq is also being targeted by terrorist groups, which has led to the exile of thousands of Iraqi families who have come to be a burden for the Iraqi State, and they have lost their jobs in many cases.

We would also like to stress the need to engage in social dialogue among the workers so that social protection and sustainable development can be bolstered.

In conclusion, we need to respect the standards of the ILO and apply Conventions, specifically Convention No. 111. The country should have recourse to ILO technical assistance on how to prevent discrimination.

Interpretation from Arabic: Government member, Algeria – Algeria takes note of the information provided by Iraq on the implementation of the Convention. The Iraqi Constitution provides strong protection against all forms of discrimination and guarantees equal rights for Iraqi citizens. Furthermore, Iraq is committed to respecting international law and protecting the civil, social, economic, political and cultural rights of minorities in accordance with the treaties and conventions ratified by Iraq. Algeria also notes the information that the 2015 Labour Law guarantees the rights and freedoms established in the Constitution and encourages it to continue to implement prevention, inspection and training measures to achieve the objectives of decent work.

Finally, Algeria considers that, given the difficult situation in Iraq, technical assistance provided by the ILO would be conducive to achieving the expected progress in the implementation of the Convention.

Worker member, Spain – In addition to what has been said by other Worker representatives, I would like to reiterate that the lack of a more extensive legal framework against domestic violence and sexual harassment in the workplace is conducive to a climate of impunity as regards physical abuse and growing harassment and discrimination against women both inside and outside work.

Efforts in Parliament to adopt a bill against domestic violence have stalled. The Iraqi Penal Code, which is applicable in both the territory controlled by Baghdad and in the Kurdistan region of Iraq, criminalizes physical assault but does not refer explicitly to domestic violence.

Women also suffer more attacks for their political opinions and trade union activism, as demonstrated by the number of cases of abuse and abduction of women and trade unionists who took part in the October Revolution. At least eight women were murdered during the Revolution for demanding social justice, employment and fairer wages. Women trade unionists face persecution in the workplace: a woman member of the executive office of the General Federation of Iraqi Trade Unions (GFITU) and chairperson of the Department of International Relations complained of harassment and persecution at work. A smear campaign was launched against her and her family. In 2005, her husband was killed on account of his trade union activities and since then she has been obliged to abandon her home and go into hiding because of the threats against her. She remains in hiding today.

Another woman, the president of the GFITU, whose organization had been officially registered in 2019, was accused of identity fraud, after the trade union branch supported by the Government filed several complaints against her trade union. She was released provisionally on bail of 5 million dinars (about €2,823) and faces daily harassment at her place of work.

The Government of Iraq should request ILO technical assistance to put an end to systematic discrimination against women in Iraq.

Government member, Bolivarian Republic of Venezuela – The Government of the Bolivarian Republic of Venezuela welcomes the presentation by the distinguished delegation of the Government of Iraq, regarding the implementation of the Convention. We have duly noted that the Government of Iraq has a Constitution and comprehensive legislation prohibiting discrimination and broadly providing for equal rights in all circumstances.

In particular, we appreciate that the Iraqi Labour Law enshrines the express prohibition of any labour discrimination, in order to achieve sustainable development based on social justice and equality. Decent work is guaranteed without discrimination, with a view to building the national economy and achieving full observance of human rights and fundamental freedoms. Furthermore, in an effort to prevent discrimination and ensure equal opportunities for all, the Iraqi worker is entitled to appeal to the Labour Court in the event that they are subjected to discrimination in employment. In short, we appreciate that Iraq deals with any kind of discrimination and addresses the concerns of the Committee of Experts.

Finally, the Government of the Bolivarian Republic of Venezuela hopes that the conclusions of the Committee will be objective and balanced, with the aim that the Government of Iraq will continue to make progress in its compliance with the Convention.

Interpretation from Arabic: Government member, Lebanon – We have taken note of the observations made by the Iraqi Government in its detailed response concerning the application of the provisions of the Convention. We would like to congratulate the Government for its efforts and for having taken legislative measures, as well as undertaking reforms. It has also taken a number of positive practical steps. We encourage the Iraqi Government to further implement the necessary measures to combat discrimination, particularly discrimination against women. We also urge it to pursue social dialogue and to further consult with trade unions on amendment processes to ensure that national legislation is in line with international labour conventions. We also call upon the ILO to engage in further cooperation with the Government and to provide technical assistance so that more progress can be made in this regard.

Interpretation from Arabic: Observer, International Trade Union Confederation (ITUC) – Our Confederation would like to stress how important it is to apply what is stipulated in Iraqi national legislation, particularly laws on the fight against discrimination as well as the international conventions that Iraq has ratified on human rights, including a number of agreements that have a direct impact on the situation of minorities, including the International Convention on Civil and Political Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination.

Iraq has committed to respecting civil, economic, social, political and cultural rights of minorities in Iraq. Among activists, many women fall victim to discrimination and have come under pressure to stop their activism. A number of complaints have been lodged against them with the judiciary to stop them from undertaking those activities and they have become victims of discrimination at work. A number of domestic workers, also women, have been the victim of harassment and persecution and sometimes in the form of sexual harassment and human trafficking. These reports have been lodged with the police authorities in Iraq.

There is also discrimination in relation to economic, social and cultural rights, particularly by some institutions. In the light of this, we need to ensure that the social partners can all work together to improve the labour system, take into account international labour conventions and the fight against all forms of harassment at work. This would be a positive step and would mean that trade union freedoms and affiliation could be guaranteed without interference in trade union activity. That would be a forward step in the fight against discrimination. We should also ensure freedom to join trade union organizations and the Government should make all efforts to fight discrimination while providing the necessary legal and psychological support to victims of discrimination. Statistical data about infringements should also be provided and awareness-raising campaigns should be carried out.

In conclusion, we thank the Committee for its interest in the workers in our countries and its efforts.

Interpretation from Arabic: Government member, Egypt – We have taken note of the measures and efforts made by the Iraqi Government to bring its national legislation into line with the Convention. This confirms the Government’s respect for international labour standards. Indeed, the Iraqi Constitution provides significant protection against discrimination, as well as treatment on an equal footing for all Iraqi citizens. Furthermore, Iraq has ratified a number of agreements that have a direct impact on minority rights. It has committed to respecting international law.

The Iraqi State has promulgated a number of laws that protect Iraqis’ interests. Among them, Labour Law No. 37 of 2015, which seeks to ensure that sustainable development can be achieved on a basis of social justice and equality, to provide decent work for all without discrimination to build a national economy, and to ensure that fundamental freedoms and human rights can be enjoyed.

Similarly, Iraq has adopted texts on promoting equality at work in law and in practice. We applaud the efforts made by the Government to ensure the application of the Convention, and we hope that, in its conclusions, the Committee will take into account the efforts made and the measures taken by the Iraqi Government.

Interpretation from Arabic: Government representative – We have taken note of the comments and observations made by the Committee of Experts and the Government, and the Employer and Worker representatives of this Committee. Iraq would like to reaffirm its commitment to all international labour standards and labour rights. We are one of the Arab States that has ratified the largest number of ILO Conventions.

We are committed and we very much respect the need to apply labour Conventions, including during the COVID-19 pandemic. We have ratified some significant Conventions, including Convention No. 184 of 2001 and Convention No. 185 of 2003, as amended. We reiterate the esteem in which we hold this Organization and would call on it to provide further technical assistance to help us to fight discrimination and sexual harassment. We are sorry that we were unable to provide all data by the deadline due to the preventive health-related measures that are currently in place in the country.

A number of laws are in place in Iraq on domestic violence, discrimination and other matters and these are currently being promulgated in Iraq in some cases.

Worker members – The various contributions have highlighted the breadth of the concerns raised in this discussion.

For the Workers’ group, it is essential that the bills on anti-discrimination and the protection of minorities are passed swiftly. To this end, we invite the Government to avail itself of the ILO’s technical assistance. The implementation of the Convention should also be integrated into the Decent Work Agenda to be negotiated shortly.

In this respect, special attention must be paid to the situation of women, including female migrant workers. Given that some of the barriers regarding the situation of women also stem from the provisions on the civil status of persons, it is therefore crucial that these aspects are also examined and amended.

Employer members – We thank again the Government for its engagement in this case and also to all those delegates who contributed to this discussion.

It is actually evident that we have a situation in which the legislation that has been put in place is good, but we lack the information to be confident that it has been enacted.

In light of today’s discussion, we echo the Committee of Experts’ requests: to provide up-to-date information on the progress made in the adoption of the draft diversity protection and anti-discrimination bill and the draft law on the protection of the rights of religious and ethnic minority groups; to strengthen its efforts and adopt proactive measures to address discrimination against ethnic and religious minority groups; to report on the impact of these measures on increasing these groups’ access to employment and occupation; to provide statistical information, disaggregated by sex, on the employment of ethnic minority groups and the sectors and occupations in which they are employed; and to provide detailed information on the application of Convention No. 111 in law and in practice in the country according to the regular reporting cycle.

All of these elements are really important, the law is important, the practice is important; at the moment we are seeing the law, we have not yet seen much evidence of the practice and we urge the Government to provide evidence of this.

Conclusions of the Committee

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

Bearing in mind the process of transition and reconstruction engaged in the country, the Committee urges the Government of Iraq to:

• take the necessary measures to ensure the adoption without delay of the draft diversity protection and anti-discrimination bill and a draft bill on the protection of the rights of religious and ethnic minorities.

In addition, the Committee calls upon the Government to:

• implement Convention No. 111, in particular in the framework of the Decent Work Programme of the ILO. In this respect, a particular attention must be paid to the situation of women, including migrant women workers; and
• taking into account the legal obstacles faced by women in the country, including concerning their civil status, it is of paramount importance to review and adapt the relevant provisions.

The Committee requests the Government to avail itself of technical assistance to effectively implement these conclusions. The Committee also requests the Government to provide a detailed report to the Committee of Experts, at its next sitting in October–November 2021.

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A Government representative indicated that the comments of the Committee of Experts had not reached the Government and had been received only upon arrival at the Conference. He stated that the Constitution of 1970 guaranteed to all citizens equality in employment and occupation without any discrimination on the basis of race, religion, social origin or other motives and provided that employment and work were a right established for all citizens. The Civil Service Act of 1960 guaranteed equality in the public sector, without discrimination on the basis of sex, social origin or religion, and the Labour Code of 1987, in section 2, guaranteed the right to employment without discrimination on the same grounds. Different texts were adopted on the basis of the Constitution and the Labour Code in order to create conditions of equality of opportunity and equity in education, employment and working conditions. This policy received the support of the social partners and the Government had done everything possible to give it practical expression in the world of work. Referring in particular to education and vocational training, he stressed that education was free of charge from the age of six, without discrimination based on sex; vocational training centres were open for all citizens; conditions had been created so that everybody was prepared for employment, irrespective of their origin. There was also equality in promotional opportunities. The policy of equality had borne fruit: the number of working women had risen to 39 per cent of the labour force. He concluded that there was full equality for all citizens irrespective of origin, beliefs or religion.

The Employers' members, referring to the statement of the Government representative that the comments of the Committee of Experts had been received late, recalled that these comments corresponded word for word to those formulated previously, as the Committee of Experts had repeated them again this year because the Government had not supplied the report. They noted, in connection with point 2 of the observation, that the Government had not supplied information on the measures taken or on the results obtained to promote the cultural rights of ethnic and linguistic minorities, such as Turkoman and Kurdish minorities. In relation to point 3 and Article 2 of the Convention, they noted that the Committee of Experts had once again requested the Government to supply information on the measures taken to ensure that, in practice, the members of these minorities were not subjected to any discrimination. Given the very general remarks of the Government, they considered it necessary that the Committee urgently request the Government to communicate a report and to provide all necessary information on the concrete measures adopted to ensure the application of the Convention.

The Workers' members recalled that the Committee of Experts had noted in its observation that the Government "merely cited" the provisions of the Constitution and labour legislation, which the Government representative repeated in his statement. The provisions concerning human rights and non-discrimination were found in many constitutions, yet they still had to be applied in practice. The Workers noticed that the Government representative had not mentioned the Turkoman and Kurdish minorities to whom should be added the Arab minorities in southern Iraq, who were being starved and slaughtered in the most extreme form of discrimination. It was evident that discrimination was taking place against ethnic minorities in Iraq. The Convention did not only prohibit discrimination based exclusively on the grounds of sex, social origin or religion, it equally prohibited discrimination for other motives. The Government should supply the information required by the Committee of Experts, as well as by this Committee, concerning minorities.

The Workers' member of Kuwait supported the declaration of the Workers' members and requested information on the measures taken to respect the rights of the Kurdish, Turkoman, Chiite, Assyrian and other minorities. In the Kurdish zones in the northern part of the country, schools had been closed, depriving a large part of the population of their right to education. The Government did not respect its international obligations. It should submit a report indicating measures taken in practice to respect the rights of minorities.

The Government representative stated that he referred not only to the Constitution but also to the Labour Code and to the Civil Service Act, and to the State Plan adopted in 1970 which was contained in mandatory legislation. The legislation did not permit any discrimination and made no distinction on the basis of national origin; Arabs and all ethnic or religious minorities were treated on an equal basis. The Kurdish population was not treated differently because all populations were dealt with on the basis of equality in employment and all other rights. He mentioned Act No. 33 on self-administration of Kurdish regions which provided, in particular, the following: the language of education was Kurdish; the rights of these populations were protected under the Constitution (article 3); all minorities were represented on a proportional basis in the Parliament of the autonomous region; access to public employment was guaranteed; the Parliament of the autonomous region had the right to take all legislative measures to promote the cultural and social development of the region, as well as national customs and traditions of all citizens, including members of the various minorities (article 10); the Executive Council, composed of Kurds and not Arabs, had the authority to administer various fields, such as employment and education (article 10), and to distribute civil service positions among the various members of the minorities. He concluded by stating that the above-mentioned laws guaranteed equality of opportunity to all citizens, including the Kurds and other national minorities, and respected international obligations.

The Workers' member of Iraq, recalling the mandate of the Committee, stated that he was taking part in the Committee to monitor the application of ILO standards; he was entirely in favour of the application of this Convention. He stated in general terms that governments were slow in revising their legislative texts and adopting measures to implement them. Referring to the situation in his country, he considered that, because of the embargo, all citizens became victims of certain forms of discrimination and that the northern regions were not suffering from exactions but from the consequences of this measure. He supported the requirement to supply reports and to respect Conventions, if his country was given the means to do so.

The Workers' member of the Netherlands stated that he was aware of the difficulties existing in the country, as were other members of the Committee. However, he wanted to know the measures taken by the Government as well as the results achieved.

The Committee took note of the information provided by the Government representative. The Committee regretted that the Government did not submit the report due in time for it to be examined by the Committee of Experts. The Committee expressed its deep concern at the situation of the Kurdish and Turkoman minorities and asked the Government to provide information regarding the situation in practice of these ethnic minorities and on the manner in which equality of opportunity and treatment was ensured for them. The Committee urged the Government in future to comply fully with the obligation to submit reports at the appropriate time, so that the Committee of Experts and this Committee could follow the developments in the situation.

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Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. National extraction and social origin. The Committee notes that the Government’s report is silent on this point. The Committee, therefore, asks the Government once again to: (i) clarify the meaning of the term “origin” and the expression “national extraction” referred to in section 1(25) of the Labour Law No.37/2015, specifying whether “origin” covers the concept of “social origin” contained within the Convention; and (ii) provide information on the application in practice of section 8 of the same Law and on any complaints of discrimination filed with the labour court, or with other complaint mechanisms, as well as any sanctions imposed.

Discrimination based on sex. Sexual harassment. The Committee notes that no information on this point was provided. While recognizing the difficult situation prevailing in the country, the Committee asks the Government once again to provide information on: (i) the measures taken in practice to prevent and address sexual harassment in employment and occupation (such as, for example, helplines, legal assistance or support units to assist victims of sexual harassment, procedures for bringing forward complaints, training for workers’ and employers’ organizations, labour inspectors and for other enforcement officials); and (ii) any complaints of sexual harassment filed with the labour court, or with other complaint mechanisms, as well as any sanctions imposed.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes that the Government’s report is silent on this point. The Committee asks once again the Government to provide information on any measures taken or envisaged, in the framework of Law No. 38 (2013) on the Care of Persons with Disabilities and Special Needs, to facilitate vocational training and promote employment opportunities of persons with disabilities, both in the private and public sectors.

Enforcement. The Committee notes the concerns of the ITUC at the lack of transparency over the number of complaints relating to the discrimination in employment and occupation faced by women and minorities, and how they are handled, which makes it difficult to measure the extent of the phenomenon. The Government recalls that workers’ rights are guaranteed by monitoring the implementation of the provisions of the law through the inspection committees and by referring employers found in violation to specialized courts. From the statistical information provided by the Government, the Committee notes that, in 2020, seven cases of discrimination based on the ground of religion were submitted to the Appeal Court. It also notes that the hotline established at the Human Resources Department of the Ministry of Labour and Social Affairs receives complaints related to, among others, discrimination connected to ethnicity at the workplace. The committee asks the Government to continue to provide information on the number and nature of cases or complaints of discrimination, including on the grounds of sex, race, colour, religion, social origin or national extraction, dealt with by the labour inspectors, the courts or any other competent authority (such as the Iraqi High Commission for Human Rights), the penalties imposed, and the remedies granted.

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021. The ITUC acknowledges in its observation that the country has been through a series of extremely painful events over the last three decades; that violence and armed conflicts have caused significant displacement of the population and that the political and social tensions in the country have certainly impacted on the Government's ability to deal with all the forms of discrimination covered by the Convention. The ITUC considers, however, that this situation does not relieve the Government of the need to meet its obligations under the Convention, which is an integral part of the reconstruction process. The Committee asks the Government to provide its comments in this respect.

The Committee is aware of the process of transition and reconstruction being undertaken in the country. In this regard, it takes note of the ILO technical assistance mission to Erbil/Iraq (16–18 August 2021), following the request by the Conference Committee on the Application of Standards (CAS) to the Government to avail itself of technical assistance to effectively implement its conclusions.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the detailed discussion which took place at the 109th Session of the Conference Committee on the Application of Standards (CAS) in June 2021 concerning the application of the Convention by Iraq, as well of the conclusions adopted.

Article 1(1)(a) of the Convention. Discrimination based on race, colour, religion or national extraction. In its previous comments, the Committee noted that ethnic and religious minorities in the country have long faced discrimination and exclusion from certain labour markets, including employment in the public sector. The Committee also noted that bills on diversity protection and anti-discrimination and on the protection of the rights of religious and ethnic minority groups were under consideration. The Committee notes that the CAS urged the Government to take the necessary measures to ensure the adoption without delay of the draft bills on diversity protection and anti-discrimination and on the protection of the rights of religious and ethnic minorities. The Government has informed the Committee of the adoption of Law No. 8 of 2021 on Yazidi women survivors, which provides for financial support and other forms of redress as compensation for what they endured during the armed conflict. Consequently, a General Directorate for the welfare of female Yazidi Survivors has recently been established, which is attached to the Ministry of Labour and Social Affairs. The ITUC recalls that the two bills aimed at combating discrimination and protecting minorities have been pending before Parliament for several years. While recognizing the difficult situation prevailing in the country, the Committee notes with regret that the Government’s report does not provide information on any progress made in the adoption of the two bills mentioned above. It is therefore bound to reiterate its request. The Committee asks the Government to provide information on: (i) the measures taken or envisaged regarding the adoption of the draft bills on diversity protection and anti-discrimination bill and on the protection of the rights of religious and ethnic minority groups; and (ii) the strategy it intends to develop to overcome the obstacles encountered in the adoption of these bills. In the meantime, it once again asks the Government to: (i) strengthen its efforts and adopt proactive measures to address discrimination against ethnic and religious minority groups, such as measures to promote tolerance and coexistence among religious, ethnic and national minorities, awareness-raising on the existing legislation prohibiting discrimination, setting quotas or targets for the representation of minorities; (ii) report on a regular basis on the results of these measures in terms of increasing the access of these groups to employment and occupation; and (iii) provide any available statistical information, disaggregated by sex, on the employment of ethnic minority groups and the sectors and occupations in which they are employed.

Articles 2 and 3. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes that the authorities of the Ministry of Labour and Social Affairs: (1) formalized a request to the ILO technical assistance mission held in August 2021 for the development of a National Equal Employment Opportunity Policy with a plan of action for a period of three–five years; and (2) requested the ILO to include a specific component on the Convention in the Iraqi Decent Work Country Programme 2019–23 (DWCP). The Committee welcomes this information. It hopes that the technical assistance requested will be provided in the near future to assist the Government in declaring and pursuing a national equality policy by methods appropriate to national conditions and practice, as set out in Article 2 of the Convention, and asks the Government to report on the progress achieved in this regard.

Articles 2 and 5. Equality of opportunity and treatment for men and women. Situation of women, including women migrant workers. The Committee notes the Government’s indication, in response to the CAS conclusion on the situation of women workers in the country, that a Working Group has been established under the presidency of the Director General of the Women’s Empowerment Department (one of the structures of the General Secretariat of the Council of Ministers) to supervise the implementation of the Women’s Economic Empowerment Plan (hereinafter the Plan) developed with the support of the World Bank Group. The Plan is composed of several components, including one on implementing legislative reforms to reduce gender gaps. The Committee also notes that the National Development Plan (2018–22) recognizes that traditional stereotypes concerning women's roles influenced by the dominance of male culture deeply rooted in social structures explain the low participation of women in economic, social and political activities and their limited role in legislative and political institutions. It identifies the gender gap as one of the main social challenges for the development of the country. In that regard, the Committee notes the Government’s statement in its 2019 National Report on the implementation of the Beijing Declaration and Platform for Action (Beijing +25) that it aims to increase the number of women participating in the labour force by 5 per cent over the next five years. It also notes some of the statistical data provided in the above report: (1) the percentage of female workers aged 15 years and above was 12.6 per cent in 2017, while for male workers it was 72.7 per cent; (2) the overall unemployment rate of 13.8 per cent is distributed as follows, 10.9 per cent for men compared by 31.0 per cent for women; (3) the percentage of women who held the post of director general in ministries was 36 per cent of total general manager’s positions, while the percentage of women in senior management was 37 per cent; and (4) the number of women judges reached 113 in 2017 compared with 18 in 2003. The Committee further notes that equal opportunities for men and women is a cross-cutting requirement of the three priorities identified by Iraq constituents during the formulation of the current DWCP (job creation, social protection coverage and governance). Moreover, according to the 2020 World Bank report entitled “Women’s economic participation in Iraq, Jordan and Lebanon”: “Women face additional barriers related to social norms, legal constraints and market failures. Several factors have disproportionate effects on women’s ability to effectively participate in the labour market, including more limited access to capital (human, physical, and financial) than men, lack of affordable and adequate childcare and of safe public transportation, and laws and societal preferences for men that result in their taking the few available jobs. Although girls get an equal start with boys […] in terms of school attendance at early ages, completing education is a challenge for Iraqi girls, particularly in rural areas. In addition, gender gaps associated with certain fields of study may, in turn, be shaped by society’s expectations” (page 16). In light of the above, the Committee asks the Government to: (i) step up its efforts to address the obstacles that exist in practice, including cultural and stereotypical barriers, to women’s equality of opportunity and treatment in employment and occupation; (ii) promote the participation of women in the labour market and decision–making positions on an equal footing with men; and (iii) communicate any available statistics, disaggregated by sex, concerning the participation of men and women in the various sectors of economic activity in both the private and public sectors.

Women migrant workers. In its conclusions, the CAS asked the Government to pay particular attention to the situation of women migrant workers. The Committee notes the Government’s reminder that the Labour Law applies to all workers without discrimination (section 3). The Government indicates in addition that: (1) an Employment Resource and Workers Migration Centre was inaugurated in collaboration with the International Organization for Migration (IOM); (2) it is in the process of establishing a Centre for Jobs, Migration and Reintegration with the assistance of the German Agency for International Cooperation to develop the private sector within the framework of a migration programme; and (3) a hotline dealing with migrant workers’ complaints has been established. While taking note of the information provided by the Government on the situation of migrant workers in general, the Committee wishes to recall that women migrant workers are particularly vulnerable to prejudices and differences in treatment in the labour market on grounds such as race, colour and national extraction, often intersecting with other grounds such as gender and religion (General Survey on the fundamental Conventions, 2012, paragraph 778). The Committee therefore asks the Government to ensure that women migrant workers are protected against all the forms of discrimination prohibited by the Convention and to provide any information available in this regard.

Legal obstacles faced by women. The Committee recalls that in its conclusions the CAS asked the Government to review and adapt relevant provisions to lift the legal obstacles faced by women in the country, including concerning their civil status. In its observations, the ITUC states that: (1) in practice, women in Iraq remain largely under-represented in the world of work and suffer a great deal of discrimination in accessing employment; (2) these obstacles are aggravated by a series of legal conditions and provisions, which literally place them under supervision; and (3) the obstacles concerning the situation of women in the labour market are based in part on the legal provisions relating to their civil status, thus it is crucial that these aspects are also examined and modified. The Committee notes that no specific information was provided by the Government on a possible strategy to lift the legal obstacles faced by women, including concerning their civil status. The Committee asks the Government to consider launching a gender audit or analysis of its current legal framework to ensure that any gender discrimination is removed.

Special protection measures. The Committee recalls that section 85(2) of Labour Law No. 37/2015 prohibits women from working in jobs deemed hazardous or arduous and also prohibits women from performing night work (sections 85(2) and 86(1)). The Committee wishes to recall in this regard that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense (that is during pregnancy or childbirth and its consequences or nursing) which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (2012 General Survey, paragraph 839). Provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific health risks. Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on scientific evidence and, when in place, must be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protection purposes. The Committee also emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women, who continue to bear the unequal share of family responsibilities, to reconcile work and family life. With a view to repealing discriminatory protective measures applicable to women’s employment it may be necessary to examine what other measures are necessary to ensure that women can access these types of employment on an equal footing with men, such as improved health protection of both men and women, adequate transportation and security, as well as social services (General Survey, 2012, paragraph 840). The Committee asks the Government to take the necessary measures to review section 85(2) and section 86(1) of Labour Law No. 37/2015 in light of the principle of equality for men and women workers with a view to ensuring that protective measures applicable to women’s employment in certain jobs or industries are still necessary and are not based on stereotypes regarding women’s professional abilities and capabilities and are strictly limited to maternity protection.

Technical assistance. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office on all the questions raised above.

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

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Article 1(1)(a) and (b) of the Convention. Prohibited grounds of discrimination. The Committee previously noted that: (1) section 1(25) of the Labour Law No. 37/2015 prohibits direct discrimination on the basis of “race, colour, sex, religion, religious community, opinion or political belief, origin and national extraction”; (2) section 1(26) prohibits indirect discrimination on the basis of “nationality, age or health condition, economic or social condition, affiliation to a trade union, and trade union activity”; (3) section 8 prohibits both direct and indirect discrimination in all matters relating to vocational training, recruitment and terms and conditions of employment; and (4) section 11(2) provides for sanctions in cases of discrimination (imprisonment for a period not exceeding six months and/or a fine not exceeding 1 million Iraqi dinars (US$840)). The Committee asked the Government to: (1) clarify the meaning of the term “origin” and the expression “national extraction” referred to in section 1(25), specifying whether “origin” covers the concept of “social origin” mentioned in the Convention; and (2) provide information on the application in practice of section 8 and on any complaints of discrimination filed with the labour court, or with other complaint mechanisms, as well as any sanctions imposed. The Committee notes the Government’s reference in its report to article 14 (“All Iraqis are equal before the law without discrimination based on gender, race, ethnicity, nationality, origin, colour, religion, sect, belief or opinion, or economic or social status”) and article 16 (“Equal opportunities shall be guaranteed to all Iraqis, and the state shall ensure that the necessary measures to achieve this are taken”), which are not related to the points raised by the Committee. The Committee, therefore, asks once again the Government to: (i) clarify the meaning of the term “origin” and the expression “national extraction” referred to in section 1(25), specifying whether “origin” covers the concept of “social origin” contained within the Convention; and (ii) provide information on the application in practice of section 8 and on any complaints of discrimination filed with the labour court, or with other complaint mechanisms, as well as any sanctions imposed.

Discrimination based on sex. Sexual harassment. The Committee previously noted that section 10 of the Labour Law appears to cover both quid pro quo and hostile environment sexual harassment and that section 11(2) provides for sanctions (imprisonment for a period not exceeding six months and/or a fine not exceeding 1 million dinars) in cases of discrimination and sexual harassment. It had asked the Government to provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation. The Committee notes that no information on this point is contained in the report. It, however, notes that, in its 2019 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the lack of data on reported cases of, and prosecutions for, sexual harassment in the workplace (CEDAW/C/IRQ/CO/7, 12 November 2019, paragraph 31). While recognizing the difficult situation prevailing in the country, the Committee asks the Government to provide information on: (i) the measures taken in practice to prevent and address sexual harassment in employment and occupation (such as, for example, helplines, legal assistance or support units to assist victims of sexual harassment, procedures for bringing forward complaints of sexual harassment, training for workers’ and employers’ organizations and labour inspectors and for other enforcement officials); and (ii) any complaints of sexual harassment filed with the labour court, or with other complaint mechanisms, as well as any sanctions imposed.

Additional grounds of discrimination. Disability. The Committee notes that section 16 of Law No. 38 (2013) on the Care of Persons with Disabilities and Special Needs established a quota for the employment of persons with disabilities in the public and private sectors. The Committee notes that in its 2019 concluding observations, the UN Committee on the Rights of Persons with Disabilities (CRPD), expressed concern at “the fact that the 5 per cent quota of persons with disabilities employed in the public sector and the 3 per cent quota of persons with disabilities employed in private-sector enterprises with more than 60 employees, set out in article 16 of Law No. 38 (2013) and in Council of Ministers decision No. 205 (2013), have not been attained”. The CRPD also expressed its concern at: (1) “the absence of regulations to implement article 15(4)(b) of Law No. 38, which states that finding job opportunities for persons with disabilities is one of the objectives of the Law, and (2) the absence of reasonable accommodations for persons with disabilities in the workplace in both the private and public sectors and across all areas of the economy” (CRPD/C/IRQ/CO/1, paragraph 49). The Committee asks the Government to provide information on any measures taken or envisaged, in the framework of Law No. 38 (2013) on the Care of Persons with Disabilities and Special Needs, to facilitate vocational training and promote employment opportunities of persons with disabilities, both in the private and public sectors.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. In the absence of information on this point, the Committee once again wishes to draw the Government’s attention to the fact that the formulation and implementation of a national equality policy presuppose the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. Concrete and specific measures are necessary to address discrimination effectively and promote equality. The Committee asks the Government to identify the measures adopted or envisaged to promote effectively equal opportunities and treatment in employment and occupation irrespective of race, colour, sex, religion, political opinion, social origin and national extraction, and any other prohibited grounds of discrimination.

Equality of opportunity and treatment of men and women. The Committee previously asked the Government to provide information on any policies and measures adopted for the promotion of gender equality in employment and occupation. The Committee notes the adoption of the National Development Plan (2018–2022), in which gender equality is identified as a key priority for the implementation of the 2030 Agenda for Sustainable Development. According to the NDP, “the share of women in senior roles in 2015 compared to men was 9.69 per cent of directors general and 2.56 per cent of undersecretaries. The share of women in ministerial positions declined from six Ministers in 2004 to two Ministers in 2016”. Moreover, the share of women working in the private sector, out of the total of working women, declined from 32 per cent in 2012 to 29 per cent in 2014, while the share of women working in the public sector, out of the economically active women, rose from 41 per cent in 2012 to 46 per cent 2014. This shows that women tend to work in the public sector” (page 37). The Committee notes that the NDP has identified the cultural and social factors as key obstacles to the development of the roles of women and men and weak recourse to women empowerment laws. The Committee further observes that, in its 2019 concluding observations, the CEDAW expressed concern at the high unemployment rate among women and the unequal division of family responsibilities between women and men, the concentration of women in the informal sector and the fact that such women continue to be excluded from labour and social security protection, including pension benefits (CEDAW/C/IRQ/CO/7, 12 November 2019, paragraph 31). The Committee asks the Government to provide information on the results achieved within the framework of the NDP 2018–2022: (i) to address occupational gender segregation in the labour market; (ii) to increase opportunities for women to access occupations in which they are under-represented; and (iii) to promote work-family balance for all employees. The Committee also asks the Government to provide information on: (i) the measures taken to increase women’s participation in the labour market; as well as on (ii) any awareness-raising activities to address the stereotypical views of women’s capabilities and their roles in society.

Article 5. Special measures of protection for women. The Committee recalls that Resolution No. 480 of 1989 prohibiting women from working in certain occupations was suspended by Decision No. 76 of 1993 and that both texts were repealed by Resolution No. 12 of 2001. It recalls, however, that section 85(2) of the Labour Law prohibits the recruitment of women to perform arduous or harmful work specified in regulations to be issued under section 67(3), and that section 86(1) prohibits the employment of women at night; while sections 86(2) and 92(1) provide for special rest periods for women and, in accordance with section 92(2), nurseries must be set up by the employer in enterprises where women are employed. The Committee had therefore asked the Government to take concrete steps to review the provisions of Labour Law No. 37/2015 in light of the principle of equality between men and women workers, so that any protective measures regarding women’s employment are strictly limited to maternity protection and the provisions relating to additional rest periods or the establishment of nurseries apply to the employment of both men and women with family responsibilities on an equal footing. The Government’s report has not provided information in that regard. The Committee recalls once again that measures, which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, the Committee considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures are necessary to ensure that women can access these types of employment on an equal footing with men, such as improved health protection of both men and women, adequate transportation and security, as well as social services (see General Survey of 2012, paragraph 840). The Committee once again asks the Government to examine the possibility of reviewing the provisions of Labour Law No. 37/2015 in light of the principle of equality between men and women workers, with a view to ensuring that protective measures applicable to women’s employment in certain jobs or industries are still necessary and are not based on stereotypes regarding women’s professional abilities and capabilities and are strictly limited to maternity protection. The Committee also asks the Government to provide a copy of Resolution No. 12 of 2001 and any regulations issued under section 67(3) of the Labour Law.

Statistics. Recalling the importance of the availability of reliable data to measure discrimination and monitor the progress achieved in combating discrimination in employment and occupation, the Committee asks the Government to provide statistical information on the rate of participation of men and women, disaggregated by sex and ethnicity, in the various sectors of activity, both in the private and public sectors.

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Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour, religious or national extraction. The Committee previously noted from the report of the United Nations Special Rapporteur on minority issues on her mission to Iraq (27 February–7 March 2016) that ethnic and religious “minorities have long faced discrimination and exclusion from certain labour markets, including employment in government and public sector posts” and that “such exclusion must be addressed, including through implementation of affirmative action policies where necessary, to ensure that Iraqi institutions better reflect the diversity within society”. The Committee also noted from this report that a draft diversity protection and anti-discrimination bill and a draft bill on the protection of the rights of religious and ethnic minority groups were under consideration by the Government (A/HRC/34/53/Add.1, 9 January 2017, paragraphs 18 and 75). The Committee asked the Government to provide information on any measures taken to address discrimination faced by ethnic and religious minorities in employment and occupation. The Committee notes that the Government has not provided information on this point in its report. The Committee nevertheless notes that, in its 2019 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD), expresses concern at the persistence of structural racial discrimination, marginalization and stigmatization against people of African descent, who are “disproportionately affected by poverty and social exclusion and face discrimination in the enjoyment of their rights to an adequate living, education, health, housing and employment”. The CERD also expresses concern at the situation of Roma citizens, who “do not hold unified national identity documents, which reportedly exposes them to discrimination, including in access to employment”. The Committee further observes that the CERD regrets “the lack of information on the complaints received by the Iraqi High Commission for Human Rights and the domestic courts regarding racial discrimination (CERD/C/IRQ/CO/22-25, 11 January 2019, paragraphs 27 and 29). In this regard, the Committee wishes to point out that the absence of complaints and legal actions for racial discrimination may reveal a lack of suitable legislation, poor awareness of the legal remedies available, a lack of trust in the judicial system, a fear of reprisals or a lack of will on the part of the authorities to prosecute the perpetrators of such acts” (2012 General Survey on the fundamental Conventions, paragraph 870). While recognizing the difficult situation prevailing in the country, the Committee asks the Government to: (i) provide information on the progress made in the adoption of the draft diversity protection and anti-discrimination bill and the draft law on the protection of the rights of religious and ethnic minority groups; (ii) strengthen its efforts and adopt proactive measures to address discrimination against ethnic and religious minority groups; (iii) report on the impact of these measures on increasing these groups’ access to employment and occupation; and (iv) provide statistical information, disaggregated by sex, on the employment of ethnic minority groups and the sectors and occupations in which they are employed. The Committee asks the Government to provide information on the number and the nature of complaints, as well as on the grounds relied upon, filed with the courts and other competent bodies, such as the Iraqi High Commission for Human Rights that relate to discrimination based on race, colour, religion and national extraction.

General observation of 2018. Regarding the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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

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Article 1(1)(a) and (b) of the Convention. Legislation. Prohibited grounds of discrimination. The Committee notes that, under Labour Law No. 37/2015 which entered into force in February 2016, direct discrimination is prohibited on the basis of “race, colour, sex, religion, religious community, opinion or political belief, origin and national extraction” (section 1(25)) and “indirect discrimination” on the basis of “nationality, age or health condition, economic or social condition, affiliation to a trade union, and trade union activity” (section 1(26)). The Committee welcomes the inclusion in the new Labour Law of these prohibited grounds of discrimination. However, it would like to point out that where legal provisions are adopted in order to give effect to the Convention, they should at least include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention, namely sex, race, colour, religion, political opinion, national extraction and social origin. The Committee recalls that the concept of “national extraction” covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin, and differs from “nationality”. With respect to “social origin”, the Committee also recalls that the lack of equal opportunities based on this ground refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs (see General Survey of 2012 on the fundamental Conventions, paragraphs 764, 802 and 853). The Committee asks the Government to clarify the meaning of the term “origin” and the expression “national extraction” referred to in section 1(25), specifying whether “origin” covers the concept of “social origin” as described above.

Definition of direct and indirect discrimination. The Committee observes that the definitions of direct and indirect discrimination in section 1(25) and (26) of the new Labour Law do not fully reflect the definition of discrimination set out in Article 1(1)(a) and (b) of the Convention. In this regard, the Committee recalls that the Convention defines discrimination as “any distinction, exclusion or preference made on the basis of [certain grounds], which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation”. Through this broad definition, the Convention covers all discrimination that may affect equality of opportunity and treatment. Any discrimination – in law or in practice, direct or indirect – falls within its scope. Direct discrimination occurs when less favourable treatment is explicitly or implicitly based on one or more prohibited grounds whereas indirect discrimination refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics. Indirect discrimination occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of certain grounds such as race, colour, sex or religion (see General Survey of 2012, paragraphs 743–745). Recalling that clear and comprehensive definitions of what constitute direct and indirect discrimination in employment and occupation are essential in identifying and addressing the many ways in which discrimination may occur, the Committee asks the Government to consider amending the definitions of direct and indirect discrimination in section 1(25) and (26), in accordance with the Convention.

Discrimination based on sex. Sexual harassment. Noting that section 10 of the new Labour Law defines and prohibits sexual harassment in employment and occupation, the Committee once again asks the Government to provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation, for example; helplines, legal assistance or support units to assist victims of sexual harassment, procedures for bringing forward complaints of sexual harassment, training for workers’ and employers’ organizations and labour inspectors and for other enforcement officials.

Discrimination based on race, colour, religion and national extraction. Ethnic and religious minorities. The Committee notes from the report of the United Nations Special Rapporteur on minority issues on her mission to Iraq (27 February–7 March 2016) that ethnic and religious “minorities have long faced discrimination and exclusion from certain labour markets, including employment in government and public sector posts” and “such exclusion must be addressed, including through implementation of affirmative action policies where necessary, to ensure that Iraqi institutions better reflect the diversity within society”. The Committee also notes from this report that a draft diversity protection and anti-discrimination bill and a draft law on the protection of religious and ethnic minority group rights were under consideration by the Government (A/HRC/34/53/Add. 1, 9 January 2017, paragraphs 18 and 75). The Committee asks the Government to provide information on any practical measures taken to address discrimination faced by ethnic and religious minorities in employment and occupation, including affirmative action and awareness-raising measures, and on any legislative developments concerning the two draft laws relevant to the rights of minorities.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) notes with concern the very low participation of women in the formal labour sector, in particular in the private sector where only 2 per cent of the total number of employees are women, most of whom are employed in low-paid and low-skilled jobs. The CEDAW is also concerned at the prevalence of customs and traditional practices that limit the degree of involvement of rural women in the development programmes and their access to credit and which prevent them from inheriting or acquiring land and other properties (CEDAW/C/IRQ/CO/4-6, 10 March 2014, paragraphs 40 and 44). The Committee asks the Government to provide information on any policies and measures adopted for the promotion of gender equality in employment and occupation. The Committee also asks the Government to provide information on any steps taken or envisaged to improve women’s access to education and training, as well as to an increased number, and wider range, of jobs and occupations, including by ensuring that they have equal access to land, credit and loans, and the goods and services necessary for carrying out their occupations and by addressing gender stereotypes. The Government is asked to provide specific information on any steps taken to increase the access of rural women to income-generating opportunities.

Article 5. Special measures of protection for women. The Committee notes the Government’s indication that Resolution No. 480 of 1989 prohibiting women from working in certain occupations and Resolution No. 76 of 1993 were both repealed by Resolution No. 12 of 2001. It further notes that sections 84–94 of Labour Law No. 37/2015 contain provisions protecting not only pregnant and nursing women but also women in general. In particular, it notes that section 85(2) prohibits the recruitment of women to perform arduous or harmful work specified in regulations to be issued under section 67(3), and section 86(1) prohibits the employment of women at night. The Committee also notes that sections 86(2) and 92(1) provide for special rest periods for women and, in accordance with section 92(2), nurseries must be set up by the employer in enterprises where women are employed. While understanding that these measures are aimed at protecting women, the Committee recalls that protective measures applicable to women’s employment should be limited to the protection of maternity and should not constitute obstacles to the recruitment of women. It further recalls that measures which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, the Committee considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures are necessary to ensure that women can access these types of employment on an equal footing with men, such as improved health protection of both men and women, adequate transportation and security, as well as social services (see General Survey of 2012, paragraph 840). The Committee asks the Government to take concrete steps to review the provisions of Labour Law No. 37/2015 in light of the principle of equality between men and women workers, so that any protective measures regarding women’s employment are strictly limited to maternity protection and the provisions relating to additional rest periods or the establishment of nurseries apply to the employment of both men and women with family responsibilities on an equal footing. Please provide information on any progress made towards this end. The Committee also asks the Government to provide a copy of Resolution No. 12 of 2001 and any regulations issued under section 67(3) of the Labour Law.

Statistics. Since once again data was not attached to the Government’s report, the Committee asks the Government to provide recent statistical information identifying the rates of participation of men and women in the various occupations and sectors of activity in the private and public sectors, and of persons belonging to ethnic or religious minorities, in order to assess the impact of the measures taken by the competent authorities to implement the Convention.

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Article 1 of the Convention. Legislative developments. The Committee notes with interest the provisions concerning equality and discrimination in the Labour Law No. 37/2015 which entered into force in February 2016. In particular, the Committee notes that section 8 prohibits both direct and indirect discrimination in all matters relating to vocational training, recruitment and terms and conditions of employment. In section 1 of the new Labour Law, direct discrimination is defined as “any distinction or preference based on race, colour, sex, religion, religious community, opinion or political belief, origin and national extraction”, and indirect discrimination as “any exclusion, distinction or preference based on nationality, age or health condition, economic or social condition, affiliation to a trade union, and trade union activity and which has the effect of nullifying or impairing equality of opportunity or equality of treatment in employment and occupation”. Section 10 prohibits sexual harassment and harassment based on sex and appears to cover both quid pro quo and hostile environment harassment. The Committee further notes that section 11(2) of the Labour Law provides for sanctions (imprisonment for a period not exceeding six months and/or a fine not exceeding 1 million Iraqi dinars (IQD)) in cases of discrimination and sexual harassment. The Committee asks the Government to provide information on the application in practice of sections 8 and 10 of Labour Law No. 37/2015. It asks the Government to provide details of any complaints of discrimination or sexual harassment filed with the labour court, or details of any other complaint mechanisms, as well as any sanctions imposed. The Committee also asks the Government to take steps to raise awareness of the anti-discrimination provisions of the new Labour Law among workers, employers and their respective organizations as well as enforcement officials and the general public.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. With respect to the formulation and implementation of a national equality policy, the Committee notes that the Government refers in its report to the adoption of Labour Law No. 37/2015. The Committee acknowledges that the adoption of legal provisions prohibiting discrimination on the basis of a number of grounds in employment and occupation constitutes an important step in addressing the matter covered by the Convention. Nevertheless, it draws the Government’s attention to the fact that the formulation and implementation of a national equality policy presuppose the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. Concrete and specific measures are necessary to address discrimination effectively and promote equality. The Committee asks the Government to take steps to promote equal opportunities and treatment in employment and occupation irrespective of race, colour, sex, religion, political opinion, social origin and national extraction, and any other prohibited grounds of discrimination. In particular, it asks the Government to introduce measures to provide equal opportunities for men and women, including men and women belonging to ethnic or religious groups, in the labour market in the public and private sectors, and to provide information on any measures taken in this respect. The Committee also asks the Government to take specific steps to promote tolerance and coexistence among religious and ethnic groups and raise awareness of the existing labour legislation prohibiting discrimination.

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

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Article 1 of the Convention. Legislative developments. The Committee notes that since 2008, the Government has been referring to a draft Labour Code and relevant amendments to be made regarding non-discrimination. In its report of March 2012, the Government indicated that the draft was before Parliament awaiting the second reading. In its most recent report, there is no indication given regarding the stage of advancement of the draft. The Committee recalls the Government’s previous indication that section 5 of the draft Labour Code specifies the prohibition of discrimination in employment and occupation, vocational training and trade union membership services at the workplace. The Committee notes the Government’s indication that the same provision as article 14 of the Constitution, which provides for equality before the law without discrimination based on sex, race, ethnicity, origin, colour, religion, creed, belief or opinion, or economic or social status, will be included in the draft Labour Code. The Committee asks the Government to take concrete steps to include in the Labour Code provisions clearly defining and prohibiting direct and indirect discrimination, for all workers, at all stages of employment and occupation, and covering at least all the grounds set out in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. Please provide specific information on the concrete steps taken in this regard.

Sexual harassment. The Committee recalls that the existing legislation does not appear to provide full and adequate protection against all forms of sexual harassment in employment and occupation. The Committee notes the Government’s indication that the legal and technical experts of the Ministry of Labour and Social Affairs will consider the possibility of submitting a recommendation to higher authorities concerning the inclusion in the draft Labour Code of the provisions addressing and prohibiting sexual harassment in employment and occupation. The Committee recalls that without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addressed all forms of sexual harassment (General Survey on the fundamental Conventions, 2012, paragraph 791). The Committee asks the Government to take concrete steps to include in the draft Labour Code provisions explicitly defining and prohibiting sexual harassment in employment and occupation, both quid pro quo and hostile environment harassment, and to provide information on progress made in this regard. Please also provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation, such as help lines, legal assistance or support units to assist victims of sexual harassment, structures mandated to institute labour-related administrative proceedings regarding cases of sexual harassment, or training for the social partners and labour inspectors.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s indication that the Labour and Vocational Training Department organizes campaigns on available training courses for unemployed workers. Regarding the low level of labour market participation of women and occupational segregation, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). Please provide detailed information on the campaigns on available training courses for unemployed workers, and their impact on the equal participation of men and women in the labour market. The Committee asks the Government to take more proactive measures to promote the equal participation of men and women in the labour market in the public and private sectors, and to promote equality of opportunity and treatment in employment and occupation of men and women belonging to ethnic or religious minorities. As such data was not attached to the Government’s report, the Committee asks the Government to provide statistical information indicating the level of participation of men and women in the various occupations and sectors of activity in the private and public sectors, and of persons belonging to ethnic or religious minorities.

Article 3(b). Educational programmes. The Committee notes the Government’s indication that the Labour and Vocational Training Department organized an awareness-raising forum on vocational training policies, including on equality of opportunity in vocational training. The Committee asks the Government to provide detailed information on the measures taken to raise awareness of the principle of equality of opportunity and treatment in employment and occupation among workers, employers, and among relevant public officials, including the awareness-raising activities by the Labour and Vocational Training Department, as well as its impact.

Article 5. Special measures of protection. The Committee recalls its previous comments on resolution No. 480 of 1989 prohibiting women from working in certain occupations. The Committee also recalls that Decision No. 76 of 1993 expressly provides that resolution No. 480 is suspended pending the promulgation of a subsequent resolution which will either repeal or reinstate resolution No. 480. The Committee further recalls the Government’s statement made in 2011 that resolution No. 480 is still in force. The Committee once again draws the Government’s attention to the fact that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men (General Survey, 2012, paragraph 840). The Committee asks the Government to take concrete steps to amend the Labour Code, so that any protective measures regarding women’s employment are strictly limited to maternity protection, and that the prohibitions set out in resolution No. 480 of 1989 are also revised accordingly. Please provide information on any progress made in this regard.

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Article 1 of the Convention. Legislative developments. The Committee notes the Government’s indication that the draft Labour Code has not yet been adopted. The Committee asks the Government to take the opportunity of the revision of the Labour Code to include provisions clearly defining and prohibiting direct and indirect discrimination, for all workers, at all stages of employment and occupation, and covering at least all the grounds set out in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. Please provide information on any progress made in this regard.

Sexual harassment. In its previous comments, the Committee noted that the existing legislation did not appear to provide full and adequate protection against all forms of sexual harassment in employment and occupation, and expressed the hope that the draft Labour Code would include specific provisions in this regard. The Committee notes that the Government provides no information in this respect, and merely states that no complaints of sexual harassment have been submitted. The Committee notes that the absence of complaints does not necessarily indicate that there is no sexual harassment in practice, but rather that there is an inadequate legal framework, lack of confidence in or lack of practical access to procedures, or fear of reprisals. The Committee asks the Government to take the opportunity of the revision of the Labour Code to include provisions explicitly defining and prohibiting sexual harassment in employment and occupation, both quid pro quo and hostile environment harassment, and to provide information on progress made in this regard. Please also provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes that the Government acknowledges the very low level of employment of women, particularly in the private sector, and states that the Ministry of Labour and Social Affairs seeks to raise awareness of unemployed persons and to encourage them to work in the private sector. On the low level of labour market participation of women and occupational segregation, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee again asks the Government to provide specific information on the measures taken to promote the equal participation of men and women in the labour market in the public and private sectors, and on proactive measures to promote equality of opportunity and treatment in employment and occupation of men and women belonging to ethnic or religious minorities. Please also provide statistical information indicating the level of participation of men and women in the various occupations and sectors of activity in the private and public sectors, and of persons belonging to ethnic or religious minorities.

Article 3(b). Educational programmes. Noting that the Government has provided no reply to its previous comments, the Committee reiterates its request for more detailed information on the measures taken to raise awareness of the principle of equality of opportunity and treatment in employment and occupation among workers and employers, as well as among relevant public officials.

Article 5. Special measures of protection. The Committee notes the Government’s indication that the draft Labour Code includes provisions on the protection of women workers. The Government also confirms that Resolution No. 480 of 1989 prohibiting women from working in certain occupations, is still in force. The Committee recalls that protective measures excluding women from certain jobs or limiting their access under certain conditions going beyond maternity protection, violate the principle of equal opportunity and treatment between men and women in employment and occupation. The Committee urges the Government to ensure that, in the process of revising the Labour Code, any protective measures regarding women’s employment are strictly limited to maternity protection, and that the prohibitions set out in Resolution No. 480 of 1989 are also revised accordingly. Please provide information on any progress made in this regard.

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Legislative development. The Committee notes the Government’s indication, referring to article 14 of the Constitution of 2005, that section 5 (item IV) of the new draft Labour Code specifies the prohibition of discrimination in employment and occupation, vocational training and trade union membership services at the workplace. The Committee recalls the importance of ensuring effective protection against discrimination at all stages of the employment process. The Committee hopes that section 5 of the new Labour Code will include a comprehensive definition and prohibition of direct and indirect discrimination in employment and occupation, with respect to all stages of the employment process and based on all the grounds set out in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin; and it requests the Government to continue to provide information on any further developments in this regard, and to provide a copy of the new Labour Code as soon as it is adopted.

Sexual harassment. In reply to its previous comments regarding measures to prohibit and prevent sexual harassment at work, the Committee notes the Government’s reference to sections 393–404 of the Penal Code regarding “crimes which jeopardize public decency and morals”. The Government also refers to sections in the Labour Code permitting dismissal if “a worker behaves on more than one occasion in a manner which does not honour his or her work” or “if a worker commits during work a misdemeanour or felony against his or her colleagues at work, for which he or she was sentenced by virtue of a judicial decision”. Considering that the existing legislation may not provide full and adequate protection against all forms of sexual harassment in the workplace, the Committee asks the Government to consider including in the draft Labour Code provisions explicitly defining and prohibiting sexual harassment at work, taking into account the elements set out in its 2002 general observation on this issue. Please also provide information on the practical measures taken to prevent and address sexual harassment at work.

Articles 2 and 3 of the Convention. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the information provided by the Government regarding its efforts to promote women’s participation in international meetings, programmes of the United Nations, and diplomatic posts abroad. It also notes that 350 women are employed in decision-making posts, including the posts of director-general, assistant director-general, adviser, public inspector and undersecretary of state. The Committee asks the Government to provide additional information on the specific measures taken to promote the equal participation of men and women in the labour market (public and private sectors). Please also provide information on any proactive measures to promote equality of opportunity and treatment in employment and occupation of men and women belonging to ethnic or religious minorities, and statistical information indicating the level of participation of men and women and persons belonging to ethnic or religious minorities in the various occupations and sectors of activity in the private and public sectors.

Article 3(b). Educational programmes. The Committee reiterates its request to the Government to provide more detailed information on the measures taken to raise awareness of the principle of equality of opportunity and treatment in employment and occupation among workers and employers and their organizations, as well as among relevant public officials.

Article 5. Special measures of protection. The Committee notes the Government’s reference to sections 75, 81 and 82 of Labour Code No. 71 of 1987 regarding certain protective measures for women, including pregnant women. Noting that the Labour Code is being revised, the Committee asks the Government to ensure that protective measures regarding women’s employment in the new Labour Code will take into account the principle of equality of opportunity and treatment between men and women and be strictly limited to maternity protection. Please indicate whether Resolution No. 480 of 1989 prohibiting women from working in certain occupations is still applicable, and provide information on any other existing rules or regulations restricting the access of women to certain jobs or occupations.

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Legislative developments. The Committee notes from the Government’s report that the draft Labour Code is currently being examined by the State Consultative Council. The Committee expresses its hope that the new Labour Code will include a definition and prohibition of discrimination in employment and occupation, in accordance with the Convention. In this regard, the Committee recalls that the Convention’s objective is that all workers, men and women, should enjoy effective protection from discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, at all stages of the employment process, including recruitment. Stressing the need to put in place effective legislative protection from discrimination, the Committee requests the Government to continue to provide information on any further developments in this regard, and to provide a copy of the new Labour Code, as soon as it is adopted.

Sexual harassment. The Committee draws the Government’s attention to its general observation of 2002 on the issue of sexual harassment, which is one of the forms of discrimination based on sex, which must be addressed under the Convention. The Committee requests the Government to provide information on the measures taken to prohibit and prevent sexual harassment at work, as outlined in the general observation of 2002.

Articles 2 and 3 of the Convention. National policy to promote equality of opportunity and treatment in employment and occupation. According to the Government, the national policy required by Article 2 of the Convention is based on the Iraqi Constitution. The Committee notes that article 14 of the Constitution provides that all Iraqis are equal before the law without discrimination based on gender, race, ethnicity, origin, colour, religion, creed, belief or opinion or economic and social status. Article 16 provides that “equal opportunities are guaranteed for all Iraqis” and that “the State guarantees the taking of the necessary measures to achieve such equal opportunities”. In its report, the Government indicates that vocational training and employment centres are open to all. The Committee requests the Government to provide information on the specific measures taken to promote and ensure equality of opportunity and treatment in employment and occupation, both in the private and public sectors. In this regard, the Committee particularly requests the Government to provide information on the specific measures taken to promote equal participation of men and women in the labour market, as well as information on the measures taken to promote equality of opportunity and treatment in employment and occupation of men and women belonging to ethnic or religious minorities. Please provide statistical information indicating the level of labour market participation (private and public sector) of women and persons belonging to ethnic or religious minorities.

Article 3(b). Educational programmes. The Committee notes that the Government’s report refers to educational programmes to disseminate the principle of non-discrimination. The Committee requests the Government to provide more detailed information on the measures taken to raise awareness of the principle of equality of opportunity and treatment in employment and occupation among workers and employers, as well as among relevant public officials.

Article 5. Special measures of protection. The Committee recalls its previous comments concerning resolution No. 480 of 1989 prohibiting women from working in certain occupations. The Committee requests the Government to indicate whether this resolution is still applicable and to provide information on any other existing rules or regulations restricting the access of women to certain jobs or occupations.

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The Committee again notes with regret that the Government’s report contains no reply to previous comments. It must therefore draw attention to the points previously made concerning the application of the Convention by Iraq.

1. In its earlier comments, the Committee noted that, since 1992, it has drawn the Government’s attention to its obligation under Article 2 of the Convention, noting that the Government’s previous reports merely cited the provisions of the Iraqi Constitution and national legislation that express the guarantee of equality in employment for all citizens without discrimination on specified grounds in accordance with the Convention. The Committee pointed out over the years that, under Article 2, the Government "undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof". As the Committee has noted, the principle of equality before the law may be an element of a national policy, but it cannot in itself constitute a policy within the meaning of Article 2. Such a policy implies the establishment of programmes and the implementation of appropriate measures pursuant to Article 3 of the Convention. The Committee notes that the Government’s report once again contains no concrete information in response to its earlier comments relating to the application of Article 2. It is therefore compelled once again to request the Government to specify the measures taken to adopt a policy, programme and other measures to implement the legislation and promote equality in employment and occupation.

2. In its previous comments, the Committee had requested information on Iraqi citizens belonging to the country’s ethnic, religious and linguistic minorities, particularly the Kurdish and Turkoman minorities. It recalled that, in 1993, the Conference Committee on the Application of Standards had expressed deep concern over the situation of these minorities, asking the Government to provide information on their practical situation and on the manner in which these minorities are guaranteed equality of opportunity and treatment. The Committee regretted that, since that time, the Government has not sent sufficiently specific information permitting the Committee to form an opinion in this regard. The Committee also noted the Concluding Observations of the Human Rights Committee (61st Session, November 1997), which expressed concern regarding the situation of members of religious and ethnic minorities, particularly the Shi’ite people in the southern marshes and the Kurds (CCPR/C/79/Add.84, page 5, paragraph 20). Further, it noted that the United Nations Commission on Human Rights (54th Session, April 1998) called on Iraq to cease immediately repressive practices aimed at Iraqi Kurds, Assyrians, Shi’a, Turkmen, the population of the southern marsh areas, and other ethnic and religious groups (E/CN.4/1998/L.85, pages 3-4, paragraph 3(h)). In this context, the Committee observes that, more recently, the Committee on the Elimination of Racial Discrimination expressed its concern over allegations that the non-Arab population living in Kirkuk and the Khanaquin, especially the Kurds, Turkmen and Assyrians, have been subjected by local Iraqi authorities to measures such as the denial of equal access to employment and educational opportunities (Concluding Observations, CERD/C304/Add.80 of 12 April 2001, paragraph 12).

3. The Committee regrets to note that, in its most recent report, the Government once again cites the Kurdistan Self-Rule Act No. 33 of 1974 in the context of national legislative texts expressing the principle of equality for all citizens without providing information on the manner in which these provisions are applied in practice. The Self-Rule Act only refers to workers’ protection in relation to the Assembly’s power to designate self-rule administration officers, stipulating that these should be Kurds or members of other minorities (section 115). The Committee therefore must reiterate its request that the Government provide concrete and specific information on any policies, programmes or measures taken to ensure the application of the principle of non-discrimination to the Kurdish and Turkoman peoples as well as to the Shi’a and Assyrian minorities. It further requests information on the position of minorities in the labour market, their access to employment and occupations, job security and terms and conditions of work.

4. The Committee notes that, in response to its earlier comments, the Government once again states that Decision No. 76 of 1993, suspending the application of resolution No. 480 of 1989, remains in force. The Committee nevertheless recalls once more that Decision No. 76 expressly provides that resolution No. 480 is suspended pending the promulgation of a subsequent resolution which will either repeal or reinstate resolution No. 480. Accordingly, the Committee requests the Government to keep it informed with regard to any action taken concerning this resolution, which prohibits women in the state administration and in the socialist and mixed sectors from working in certain occupations.

5. The Committee understands from the Concluding Observations of the Committee on the Elimination of Discrimination Against Women (A/55/38, 12-30 June 2000) that the Government adopted a national strategy to promote the situation of Iraqi women and established a high-level national committee for the advancement of Iraqi women, headed by the Minister of Labour and Social Affairs, to facilitate its implementation. The Committee would be grateful if the Government would provide information on the activities carried out under the national strategy to promote the employment of women, including employment in non-traditional occupations, and if it would provide information on the progress achieved in this regard. The Committee also reiterates its request that the Government supply statistics reflecting the number of women occupying posts of responsibility in the public sector in proportion to men, and their classifications.

The Committee trusts that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. With reference to its earlier comments, the Committee notes that, since 1992, it has drawn the Government’s attention to its obligation under Article 2 of the Convention, noting that the Government’s previous reports merely cite the provisions of the Iraqi Constitution and national legislation that express the guarantee of equality in employment for all citizens without discrimination on specified grounds in accordance with the Convention. The Committee has pointed out over the years that, under Article 2, the Government "undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof". As the Committee noted in its 1988 General Survey on equality in employment and occupation, affirmation of the principle of equality before the law may be an element of such a national policy, but it cannot in itself constitute a policy within the meaning of Article 2. Such a policy must: (1) be clearly stated, which implies the establishment of programmes set up for the purpose of promoting the policy; and (2) be applied, which implies the Government’s implementation of appropriate measures pursuant to Article 3 of the Convention (see General Survey, paragraphs 158 and 159). The Committee notes that the Government’s report once again contains no concrete information in response to its earlier comments relating to the application of Article 2. It is therefore compelled once again to request the Government to specify the measures taken to implement the legislation.

2. In its previous comments, the Committee had requested information on the application of Article 2 in regard to Iraqi citizens belonging to the country’s ethnic, religious and linguistic minorities, particularly the Kurdish and Turkoman minorities. It recalls that, in 1993, the Conference Committee on the Application of Standards had expressed deep concern over the situation of these minorities, asking the Government to provide information on their practical situation and on the manner in which these minorities are guaranteed equality of opportunity and treatment. The Committee regrets that, since that time, the Government has not sent sufficiently specific information permitting the Committee to form an opinion in this regard. The Committee also notes the concluding observations of the Human Rights Committee (61st Session, November 1997), which expressed concern regarding the situation of members of religious and ethnic minorities, particularly the Shi’ite people in the southern marshes and the Kurds (CCPR/C/79/Add.84, page 5, paragraph 20). Further, it notes that the United Nations Commission on Human Rights (54th Session, April 1998) calls on Iraq to cease immediately repressive practices aimed at Iraqi Kurds, Assyrians, Shi’a, Turkmen, the population of the southern marsh areas, and other ethnic and religious groups (E/CN.4/1998/L.85, pages 3-4, paragraph 3(h)).

3. The Committee notes once again that, in its most recent report, the Government cites the Kurdistan Self-Rule Act No. 33 of 1974 in the context of national legislative texts expressing the principle of equality for all citizens without providing information on the manner in which these provisions are applied in practice. The Self-Rule Act only refers to workers’ protection in relation to the Assembly’s power to designate self-rule administration officers, stipulating that these should be Kurds or members of the other minorities (section 115). The Committee therefore reiterates its request that the Government provide concrete and specific information on any policies, programmes or measures taken to ensure the application of the principle of non-discrimination to the Kurdish and Turkoman peoples as well as to the Shi’a and Assyrian minorities. It further requests information on the position of minorities in the labour market, their access to employment and occupations, job security and terms and conditions of work.

4. The Committee notes the Government’s statement, in response to its earlier comments, that Decision No. 76 of 1993, suspending the application of Resolution No. 480 of 1989, remains in force. The Committee nevertheless recalls that Decision No. 76 expressly provides that Resolution No. 480 is suspended pending the promulgation of a subsequent resolution which will either repeal or reinstate Resolution No. 480. Accordingly, the Committee requests the Government to keep it informed with regard to any action taken concerning this resolution, which prohibits women in the state administration and in the socialist and mixed sectors from working in certain occupations.

5. The Committee once again requests the Government to supply statistics reflecting the number of women occupying posts of responsibility in the public sector in proportion to men, and their classifications. It also reiterates its request that the Government indicate whether it has implemented or contemplates implementing programmes designed to promote the employment of women, including employment in non-traditional occupations, and to provide information on the progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the Government's report.

1. With reference to its earlier comments, the Committee notes that, since 1992, it has drawn the Government's attention to its obligation under Article 2 of the Convention, noting that the Government's previous reports merely cite the provisions of the Iraqi Constitution and national legislation that express the guarantee of equality in employment for all citizens without discrimination on specified grounds in accordance with the Convention. The Committee has pointed out over the years that, under Article 2, the Government "undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof". As the Committee noted in its 1988 General Survey on equality in employment and occupation, affirmation of the principle of equality before the law may be an element of such a national policy, but it cannot in itself constitute a policy within the meaning of Article 2. Such a policy must: (1) be clearly stated, which implies the establishment of programmes set up for the purpose of promoting the policy; and (2) be applied, which implies the Government's implementation of appropriate measures pursuant to Article 3 of the Convention (see General Survey, paragraphs 158 and 159). The Committee notes that the Government's report once again contains no concrete information in response to its earlier comments relating to the application of Article 2. It is therefore compelled once again to request the Government to specify the measures taken to implement the legislation.

2. In its previous comments, the Committee had requested information on the application of Article 2 in regard to Iraqi citizens belonging to the country's ethnic, religious and linguistic minorities, particularly the Kurdish and Turkoman minorities. It recalls that, in 1993, the Conference Committee on the Application of Standards had expressed deep concern over the situation of these minorities, asking the Government to provide information on their practical situation and on the manner in which these minorities are guaranteed equality of opportunity and treatment. The Committee regrets that, since that time, the Government has not sent sufficiently specific information permitting the Committee to form an opinion in this regard. The Committee also notes the concluding observations of the Human Rights Committee (61st Session, November 1997), which expressed concern regarding the situation of members of religious and ethnic minorities, particularly the Shi'ite people in the southern marshes and the Kurds (CCPR/C/79/Add.84, page 5, paragraph 20). Further, it notes that the United Nations Commission on Human Rights (54th Session, April 1998) calls on Iraq to cease immediately repressive practices aimed at Iraqi Kurds, Assyrians, Shi'a, Turkmen, the population of the southern marsh areas, and other ethnic and religious groups (E/CN.4/1998/L.85, pages 3-4, paragraph 3(h)).

3. The Committee notes once again that, in its most recent report, the Government cites the Kurdistan Self-Rule Act No. 33 of 1974 in the context of national legislative texts expressing the principle of equality for all citizens without providing information on the manner in which these provisions are applied in practice. The Self-Rule Act only refers to workers' protection in relation to the Assembly's power to designate self-rule administration officers, stipulating that these should be Kurds or members of the other minorities (section 115). The Committee therefore reiterates its request that the Government provide concrete and specific information on any policies, programmes or measures taken to ensure the application of the principle of non-discrimination to the Kurdish and Turkoman peoples as well as to the Shi'a and Assyrian minorities. It further requests information on the position of minorities in the labour market, their access to employment and occupations, job security and terms and conditions of work.

4. The Committee notes the Government's statement, in response to its earlier comments, that Decision No. 76 of 1993, suspending the application of Resolution No. 480 of 1989, remains in force. The Committee nevertheless recalls that Decision No. 76 expressly provides that Resolution No. 480 is suspended pending the promulgation of a subsequent resolution which will either repeal or reinstate Resolution No. 480. Accordingly, the Committee requests the Government to keep it informed with regard to any action taken concerning this resolution, which prohibits women in the state administration and in the socialist and mixed sectors from working in certain occupations.

5. The Committee once again requests the Government to supply statistics reflecting the number of women occupying posts of responsibility in the public sector in proportion to men, and their classifications. It also reiterates its request that the Government indicate whether it has implemented or contemplates implementing programmes designed to promote the employment of women, including employment in non-traditional occupations, and to provide information on the progress achieved in this regard.

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The Committee notes that the Government's report does not contain replies to its previous comments. It must therefore repeat its previous observation which was worded as follows:

1. With reference to its previous comments relating to the application of Article 2 of the Convention in respect of linguistic and ethnic minorities in the country, the Committee recalls that this provision prescribes the formulation and application of a national policy to promote equality of opportunity and treatment in respect of employment and occupation and that, to implement the Convention, the legislative provisions in force must be accompanied by specific action, set forth in a precise manner, for implementing the principles of equality. The Committee notes that the Government restricts itself to repeating the legislative provisions in force and gives no indication on their practical application. It therefore requests the Government, once again, to supply detailed information on the application of a national policy on promotion of equality of opportunity and treatment in employment. 2. The Committee particularly requested information on the application of Article 2 of the Convention in respect of citizens belonging to the country's ethnic and linguistic minorities, such as the Kurdish and Turkoman minorities. It requested the Government to provide information on the extent to which these citizens were included in a national policy of promotion of equality of opportunity and treatment, noting that this issue had also been discussed by other bodies within the United Nations system, including the Committee on the Elimination of Racial Discrimination. In 1993, the Conference Committee had expressed deep concern about these minorities and asked the Government to provide information on their situation in practice and on how they were guaranteed equality of opportunity and treatment. Since then, the Government has not sent sufficiently precise and specific information to allow the Committee to form an opinion on the situation. Furthermore, it notes that at its 45th Session in August 1996, the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities adopted a resolution deploring the situation prevailing in the Kurdish and Shiah regions of the country. 3. The Committee notes that in its most recent report the Government mentions again the constitutional and legislative texts guaranteeing equality to all citizens, and the application of policies designed to implement these texts, without further details. The Committee would be grateful if the Government would supply detailed information concerning these policies and the measures taken, their nature and the results obtained in guaranteeing equality of opportunity and treatment to the Kurdish and Turkoman minorities. It also requests it to provide information on how the Convention is applied to other minorities such as the Shiah and Assyrian minorities. 4. As regards the employment of women, the Committee recalls that resolution No. 480 of 1989 concerning the employment of qualified women in the state administration and the socialist and mixed sectors, which prohibits certain occupations for women, was suspended by Decision No. 76 of 2 May 1993, of which the Government sent a copy with its most recent report. The Committee notes that pursuant to this text, another resolution will decide on the fate of resolution No. 480, namely, whether it will be repealed or reinstated. The Committee requests the Government to inform it of the ultimate status of this resolution which prohibits access by women to certain occupations. 5. With regard to the statistics requested on distribution of men and women in employment, the Committee notes the tables transmitted by the Government on the vocational training courses held in 1994 by the General Federation of Iraqi Women and the people's training centres. The Committee also requests the Government to provide tables showing the proportion of men to women on these courses as well as statistics on the number of women occupying posts of responsibility in the public sector, in proportion to men, and their classifications. It also requests the Government to indicate whether programmes designed to promote employment of women have been implemented or are envisaged, and whether concrete results have been obtained in this direction.

The Committee hopes that the Government will submit detailed information in its next report.

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1. The Committee notes the Government's reports and the information they contain in reply to its previous observation.

2. With reference to its previous comments relating to the application of Article 2 of the Convention in respect of linguistic and ethnic minorities in the country, the Committee recalls that this provision prescribes the formulation and application of a national policy to promote equality of opportunity and treatment in respect of employment and occupation and that, to implement the Convention, the legislative provisions in force must be accompanied by specific action, set forth in a precise manner, for implementing the principles of equality. The Committee notes that the Government restricts itself to repeating the legislative provisions in force and gives no indication on their practical application. It therefore requests the Government, once again, to supply detailed information on the application of a national policy on promotion of equality of opportunity and treatment in employment.

3. The Committee particularly requested information on the application of Article 2 of the Convention in respect of citizens belonging to the country's ethnic and linguistic minorities, such as the Kurdish and Turkoman minorities. It requested the Government to provide information on the extent to which these citizens were included in a national policy of promotion of equality of opportunity and treatment, noting that this issue had also been discussed by other bodies within the United Nations system, including the Committee on the Elimination of Racial Discrimination. In 1993, the Conference Committee had expressed deep concern about these minorities and asked the Government to provide information on their situation in practice and on how they were guaranteed equality of opportunity and treatment. Since then, the Government has not sent sufficiently precise and specific information to allow the Committee to form an opinion on the situation. Furthermore, it notes that at its 45th Session in August 1996, the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities adopted a resolution deploring the situation prevailing in the Kurdish and Shiah regions of the country.

4. The Committee notes that in its most recent report the Government mentions again the constitutional and legislative texts guaranteeing equality to all citizens, and the application of policies designed to implement these texts, without further details. The Committee would be grateful if the Government would supply detailed information concerning these policies and the measures taken, their nature and the results obtained in guaranteeing equality of opportunity and treatment to the Kurdish and Turkoman minorities. It also requests it to provide information on how the Convention is applied to other minorities such as the Shiah and Assyrian minorities.

5. As regards the employment of women, the Committee recalls that resolution No. 480 of 1989 concerning the employment of qualified women in the state administration and the socialist and mixed sectors, which prohibits certain occupations for women, was suspended by Decision No. 76 of 2 May 1993, of which the Government sent a copy with its most recent report. The Committee notes that pursuant to this text, another resolution will decide on the fate of resolution No. 480, namely, whether it will be repealed or reinstated. The Committee requests the Government to inform it of the ultimate status of this resolution which prohibits access by women to certain occupations.

6. With regard to the statistics requested on distribution of men and women in employment, the Committee notes the tables transmitted by the Government on the vocational training courses held in 1994 by the General Federation of Iraqi Women and the people's training centres. The Committee also requests the Government to provide tables showing the proportion of men to women on these courses as well as statistics on the number of women occupying posts of responsibility in the public sector, in proportion to men, and their classifications. It also requests the Government to indicate whether programmes designed to promote employment of women have been implemented or are envisaged, and whether concrete results have been obtained in this direction.

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1. The Committee notes the Government's report and observes that it contains few answers to its comments.

2. The Committee had asked for information on the implementation of a national policy to promote equality of opportunity and treatment, as provided for by Article 2 of the Convention in respect of citizens belonging to the country's ethnic and linguistic minorities, such as the Kurdish and Turkoman minorities a point which has also been discussed by other bodies within the United Nations system, including the Committee on the Elimination of Racial Discrimination. Since the Government has not answered the Committee's comments on this point, the Committee recalls that the Conference Committee expressed deep concern about these minorities and asked the Government to provide information on their situation with regard to equality of opportunity and treatment, and how the latter is ensured in practice.

The Committee refers once again to Chapter IV of its 1988 General Survey on Equality in Employment and Occupation and, in particular, to paragraphs 158 and 159. It draws the Government's attention to the fact that Article 2 of the Convention requires a national policy for the promotion of equality of opportunity and treatment in respect of employment and occupation to be declared and pursued and that, in order to apply the Convention, the legislative provisions which are in force have to be accompanied by clearly stated practical measures to implement the principles of equality. The Committee once more asks the Government to provide detailed information on the adoption and implementation of a national policy to promote equality of opportunity and treatment in respect of employment and, more particularly, its application to the Kurdish and Turkoman minorities.

3. With regard to women's employment, the Committee notes that, according to the Government's report, Resolution No. 480 of 1989 concerning the employment of women graduates in the state administration and the socialist and mixed sectors, under which certain posts may not be held by women, has been suspended by Order No. 76 of 2 May 1993. The Committee asks the Government to provide the text of this Order with its next report. It also asks the Government to indicate the number of women holding high-level posts in the public sector, their percentage in relation to that of men, and statistical tables on their classification.

4. The Committee notes the Government's statement that women participate in vocational training courses on an equal footing with men and that it will shortly provide information on the number of courses organized by the General Federation of Iraqi Women. It asks the Government to send this information with its next report, together with information on the type of vocational training provided in the country, the number of students and the proportion of male and female students, and the actual results obtained in promoting women's employment.

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The Committee notes the Government's report and the information supplied by the Government representative to the Conference Committee in 1993 concerning the points raised in its previous observation, and the subsequent debate on the application of the Convention.

1. The Committee had requested information on the pursuit of a national policy designed to promote equality of opportunity and treatment, as set out in Article 2 of the Convention, in respect of citizens belonging to ethnic and linguistic minorities of the country, such as the Turkoman and Kurdish minorities - a point which was also discussed by the United Nations Committee on the Elimination of Racial Discrimination in 1988. It notes that the Government representative reiterated the previous statements by the Government concerning the provisions of the Constitution of 1970 and the labour legislation and emphasized that they protected all citizens against discrimination in employment and occupation and guaranteed equality of rights in respect of education, employment and working conditions. The Committee notes that he specified that equality also applied to vocational training and promotion opportunities and stated that working women accounted for 39 per cent of the labour force. With regard to national minorities, such as the Turkoman and Kurdish minorities, according to the Government representative, the legislation makes no distinction on the basis of social origin and Act No. 33 on the self-administration of Kurdish regions established a number of rights for these minority populations which guaranteed them equality of opportunity with other citizens.

While noting that the Conference Committee expressed its deep concern with regard to these minorities and requested the Government to provide information on their situation in practice with regard to equality of opportunity and treatment, the Committee refers to Chapter IV of its 1988 General Survey on Equality in Employment and Occupation, and in particular to paragraphs 158 and 159. It draws the Government's attention to the fact that Article 2 of the Convention calls for the declaration and pursuit of a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and that, in order to give effect to the Convention, the legislative provisions which are in force have to be accompanied by clearly stated practical measures to implement the principles of equality. The Committee once again requests the Government to supply detailed information on the adoption and implementation of a national policy to promote equality of opportunity and treatment in respect of employment and in particular on its application to the Turkoman and Kurdish minorities.

2. The Committee notes that, in reply to comments which it has been making in direct requests for several years concerning the prohibition of the employment of women in certain positions (section 1 of Resolution No. 480 of 1989), the Government states that no job is prohibited to women by the law and that women enjoy equality of opportunity with men in respect of employment, also as regards managerial positions in state services, in which they account for 34.9 per cent of all staff. The Committee once again requests the Government to supply practical information on the effect given to this Resolution, which governs the employment of graduates in certain sectors and their wages during the one-year compulsory training period for the nursing profession, and to indicate in particular whether the training which is required for nurses is related to the qualifications which have been obtained and the positions to which the women are appointed. Furthermore, the Committee once again asks the Government to specify the number of women holding positions of responsibility in the public sector, their proportion in comparison to men and statistical tables on their grades.

3. Having noted that for several years it has been requesting detailed information on access to vocational training without distinction on the basis of sex, the Committee once again requests the Government to supply in its next report data on the training courses organized by the General Federation of Iraqi Women to integrate women into the labour market (indicating in particular the type of training provided, the number of students and the distribution of men and women) and the corresponding results achieved in practice with regard to the employment of women.

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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, which read as follows:

1. The Committee notes that training centres and trade union organizations coordinate their activities, that the General Federation of Iraqi Women organizes training courses with a view to integrating women into the labour market and that, according to the Government, there is no discrimination as regards access to such training. The Committee asks the Government to provide information on these training courses in its next report, indicating in particular the type of training provided, the number of students and the distribution of men and women. Please indicate also the concrete results of the efforts to promote the employment of women.

2. The Committee again asks the Government to provide statistics of the number of women holding high-level posts in the public sector and their percentage in relation to that of men.

3. With regard to resolution No. 480 of 25 July 1989 concerning the employment of women graduates in the administration of the State and the socialist and mixed sectors, the Committee notes that this resolution aims in practice to enable women graduates to be appointed to nursing posts while attending one-year compulsory training courses. The Committee again asks the Government to specify the jobs prohibited to women under section 1 of the resolution which specifically concerns women and the wage conditions and classification applying to them (section 2).

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Further to its observation of 1991, the Committee notes the report of the Committee responsible for examining the representation made under article 24 of the ILO Constitution by the Federation of Egyptian Trade Unions alleging the non-observance by Iraq of certain Conventions, including Convention No. 111. It notes the above Committee's conclusion that it does not appear that the actions complained of were carried out on any of the grounds covered by the Convention. 2. In its direct request of 1990, the Committee noted the ninth report (submitted in 1988) of the Government to the United Nations Committee on the Elimination of Racial Discrimination, in which the Government stated that it had taken measures to promote the cultural rights (including the right to education and training) of citizens belonging to the ethnic and linguistic minorities of the country such as the Turkoman and Kurdish minorities. The Committee requested information on the results of these measures and on the manner in which the principle of equality of opportunity and treatment laid down by the Convention is applied to these minorities in respect of access to employment and occupation. 3. The Committee notes that, in its last report supplied in October 1990, the Government merely cites the provisions of the Constitution and labour legislation which guarantee equality in employment for all citizens. The Committee points out that under Article 2 of the Convention the Government undertakes to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination, including discrimination on the basis of national extraction. Consequently, the Committee again asks the Government to provide information in its next report on the measures that have been taken or are under consideration to ensure that, in practice, the members of the Kurdish and Turkoman minorities are not subjected to any discrimination in employment or occupation and that they fully enjoy equality of opportunity and treatment.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the information contained in the Government's last report in reply to its previous direct request.

1. The Committee notes that training centres and trade union organisations coordinate their activities, that the General Federation of Iraqi Women organises training courses with a view to integrating women into the labour market and that, according to the Government, there is no discrimination as regards access to such training. The Committee asks the Government to provide information on these training courses in its next report, indicating in particular the type of training provided, the number of students and the distribution of men and women. Please indicate also the concrete results of the efforts to promote the employment of women.

2. The Committee again asks the Government to provide statistics of the number of women holding high-level posts in the public sector and their percentage in relation to that of men.

3. With regard to Resolution No. 480 of 25 July 1989 concerning the employment of women graduates in the administration of the State and the socialist and mixed sectors, the Committee notes that this Resolution aims in practice to enable women graduates to be appointed to nursing posts while attending one-year compulsory training courses. The Committee again asks the Government to specify the jobs prohibited to women under section 1 of the Resolution which specifically concerns women and the wage conditions and classification applying to them (section 2).

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1. Further to its observation of 1991, the Committee notes the report of the Committee responsible for examining the representation made under article 24 of the ILO Constitution by the Federation of Egyptian Trade Unions alleging the non-observance by Iraq of certain Conventions, including Convention No. 111. It notes the above Committee's conclusion that it does not appear that the actions complained of were carried out on any of the grounds covered by the Convention.

2. In its previous direct request, the Committee noted the ninth report (submitted in 1988) of the Government to the United Nations Committee on the Elimination of Racial Discrimination, in which the Government stated that it had taken measures to promote the cultural rights (including the right to education and training) of citizens belonging to the ethnic and linguistic minorities of the country such as the Turkoman and Kurdish minorities. The Committee requested information on the results of these measures and on the manner in which the principle of equality of opportunity and treatment laid down by the Convention is applied to these minorities in respect of access to employment and occupation.

3. The Committee notes that, in its last report supplied in October 1990, the Government merely cites the provisions of the Constitution and labour legislation which guarantee equality in employment for all citizens. The Committee points out that under Article 2 of the Convention the Government undertakes to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination, including discrimination on the basis of national extraction. Consequently, the Committee again asks the Government to provide information in its next report on the measures that have been taken or are under consideration to ensure that, in practice, the members of the Kurdish and Turkoman minorities are not subjected to any discrimination in employment or occupation and that they fully enjoy equality of opportunity and treatment.

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The Committee takes note of the decision of the Governing Body at its 248th Session (November 1990) to set up a committee to examine the representation made pursuant to article 24 of the ILO Constitution, alleging non-compliance by Iraq with a certain number of Conventions, including Convention No. 111.

In accordance with its customary practice, the Committee is suspending its examination of the application of the Convention pending the conclusions of the above-mentioned committee.

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1. In its previous comments, the Committee asked the Government: (a) to continue to supply information (including statistics) on the activities relating to vocational guidance and training for women carried out by the various training centres and trade union organisations, including the General Federation of Iraqi Women; (b) to provide details of the results of the efforts made by the Government, in co-operation with the above organisations, to promote the access of women to the labour market in both the private and public sectors; (c) to indicate the number of women holding higher level posts in the public sector and their percentage in relation to that of men. Since the Government's report (which was received too late to be examined last year) does not contain the information requested, the Committee is bound to raise the matter again in the hope that the Government will not fail to provide this information with its next report.

2. The Committee takes note of Resolution No. 480 of 25 July 1989 concerning the employment of women graduates in the administration of the State and in the public and mixed sectors. The Committee asks the Government to indicate the practical effect given to this Resolution stating, in particular, the posts which are prohibited to women under section 1 of the Resolution, and giving details of the wage conditions and classification applying to women under of section 2.

3. The Committee notes from the ninth report submitted by the Government to the United Nations Committee on the Elimination of Racial Discrimination (UN document CERD/C/159/Add.2, November 1988), the measures taken to promote the cultural rights (including the right to education and training) of persons belonging to ethnic and linguistic minorities such as the Turkoman and Kurdish minorities. The Committee asks the Government to provide information in its next report on the results of these measures, and on the manner in which the principle of equality of opportunity and treatment laid down by the Convention is applied to these minorities in respect of access to employment and occupation.