Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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.