Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Iraq (Ratification: 1962)

The Committee takes note of the information supplied by the Government in its reports.

It recalls that for several years it has been asking the Government to take specific measures to ensure that the Convention is applied, in view of:

- the lack of appropriate provisions to ensure the protection of workers against all acts of anti-union discrimination by employers at the time of taking up employment and during employment (Article 1 of the Convention);

- the lack of legislative provisions concerning the promotion of collective bargaining between employers or employers' organizations and workers' organizations with a view to the regulation of terms and conditions of employment (Article 4);

- the lack of provisions to guarantee that persons employed by the State, public enterprises and independent public institutions, who are not engaged in the administration of the State (such as teachers) and workers in the socialized sector have the right to be protected against all acts of anti-union discrimination and the right to negotiate their conditions of employment collectively (Articles 1, 4 and 6).

Articles 1 and 4. The Government indicates that appropriate measures have been taken to amend the Labour Code (No. 71 of 1987) in order to bring it into line with the provisions of Article 1 of the Convention and that a new chapter entitled "Collective labour contracts" has been introduced into the Code. The Government adds that it will provide copies of the amendments as soon as the legislative procedures have been completed.

The Committee recalls that Act No. 71 of 1987 to issue the Labour Code and Act No. 52 of 1987 respecting trade union organizations contain no provisions to ensure the application of the Convention. The Committee is therefore bound once again to urge the Government to take specific measures at the earliest possible date to guarantee the protection of workers against all act of anti-union discrimination, enforceable by sufficiently effective and dissuasive sanctions, and to encourage and promote the full development and utilization of machinery for voluntary negotiation of collective agreements in the private, mixed and cooperative sectors. It asks the Government to supply copies of the new provisions to which it refers so that the Committee may ascertain whether they are consistent with the requirements of the Convention.

Articles 1, 4 and 6. The Government indicates that persons employed by the State or by public enterprises and independent public institutions, other than those engaged in the administration of the State (such as teachers) and workers in the socialized sector have the right to be protected against all acts of anti-union discrimination and to negotiate their terms and conditions of employment collectively, in accordance with the laws and regulations which apply in enterprises and establishments where such workers are employed.

The Committee recalls that Act No. 150 of 1987 respecting public servants does not contain specific provisions guaranteeing that public employees enjoy protection against anti-union discrimination and granting them the right to negotiate their terms and conditions of employment collectively. It therefore asks the Government to provide with its next report copies of all the laws and regulations to which it refers, together with information on how negotiations are conducted in practice in the above-mentioned establishments (number of agreements concluded, number of workers covered, etc., if any).