Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Iraq (Ratification: 1978)

Articles 1 and 2 of the Convention. Appropriate procedures. Representative organizations. The Committee notes the adoption of the first Decent Work Country Programme (DWCP), “Iraq: Recovery and Reform”, which runs from 2019 to 2023. The DWCP contemplates the adoption of measures to establish an effective mechanism to determine the most representative workers’ organizations for purposes of participation in tripartite institutions. According to the DWCP, while the possibility of tripartite collaboration is expressed in various laws and frameworks, the practice of effective and constructive social dialogue is highly constrained. Only the General Federation of Iraqi Workers (GFIW) is recognized as the official “representative” trade union for purposes of participating in tripartite bodies, and there are therefore limited opportunities for other trade unions to participate in formal tripartite consultation structures. In this context, the Committee refers to its 2014 observation on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in which it recalled the need to remove any obstacles to trade union pluralism. It therefore requested the Government to take the necessary measures to repeal the Trade Union Organization Act No. 52 of 1987, which effectively prevents trade unions from organizing workers in industrial state-owned enterprises (SOEs). Nevertheless, the Committee notes from the DWCP that the 1987 Act remains in force, although a draft trade union law, intended to replace the 1987 Act, is currently before the General Secretariat of the Council of Ministers. The DWCP further indicates that the ILO will provide support to the finalization of the trade union law on the basis of international labour standards. Recalling its 2014 observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee expresses the firm hope that the Government will proceed without delay to repeal the Trade Union Organization Act No. 52 of 1987 and that it will ensure that the above-mentioned draft trade union law is fully aligned with the provisions of the Convention. It trusts that the draft law will be finalized and adopted in the very near future, to ensure the participation of the most representative organizations in the country’s tripartite bodies. The Committee requests the Government to provide a copy of the draft law once it is adopted. It further requests the Government to provide detailed updated information on progress made with regard to the establishment of an effective mechanism to determine the most representative workers’ organizations for purposes of the tripartite consultations required by the Convention.

Article 5. Effective tripartite consultations. The Committee welcomes the information provided by the Government concerning the adoption of Act No. 37 of 2015 amending the Labour Code. The Committee notes that section 20(2) of the new Labour Code provides for the establishment of a tripartite Advisory Committee composed of representatives of the Ministry of Labour and Social Affairs and concerned ministries, as well as of the most representative workers’ and employers’ organizations. Section 20(2) of the Code establishes that the Ministry of Labour and Social Affairs is responsible for the provision of administrative support to ensure effective tripartite consultations and that appropriate arrangements should be made with the organizations represented in the tripartite Advisory Committee to fund any training necessary for its members, in accordance with Article 4 of the Convention. The Committee further notes the Government’s indication regarding the adoption of Ministerial Order No. 162 of 4 February 2019, which amended the composition of the tripartite Advisory Committee. The Committee also notes the adoption of measures aimed at enhancing tripartite dialogue in Iraq. It notes the ratification of Convention No. 87 on 1 June 2018. Noting that the Government has not provided information regarding tripartite consultations held on international labour standards on the matters covered under Article 5(1) of the Convention, the Committee once again requests the Government to provide detailed information on the content and outcome of tripartite consultations held on all matters relating to international labour standards covered by the Convention: the questionnaires on the Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the competent authorities (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide a copy of the Ministerial Order No. 162 of 4 February 2019 amending the composition of the tripartite Advisory Committee.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.