Texts of pending comments

The Committee notes the information provided by the Government, in its report, in reply to its previous requests concerning the training provided to labour inspectors (Article 7 of the Convention), the transport facilities available for the performance of labour inspection duties (Article 11(1)(b)); and, the labour inspectorate’s power to request employers to urgently take emergency measures in the event of imminent danger to the health or safety of the workers (Article 13(2)(b)).

Labour inspection and Decent Work Country Programmes. The Committee notes that the 2019–2023 Decent Work Country Programme (DWCP) for Iraq aims, inter alia, to make labour inspection and OSH services more effective in preventing and detecting non-compliances with national and international labour standards. The Committee requests the Government to take into account the matters raised below in the context of the DWCP implementation in order to ensure full conformity with the Convention.

Articles 3 and 12(1) of the Convention. Functions of the system of labour inspection. Free initiative of labour inspectors to enter workplaces without prior notice. With regard to its previous request concerning the adoption of the necessary measures to ensure that labour inspectors are empowered to perform labour inspections alone and have free initiative to undertake inspections, the Committee notes the Government’s indication that: (i) under section 128(1) of the Labour Code, labour inspectors cannot carry out inspections alone; and, (ii) in accordance with section 129(1)(a) of the Labour Code, labour inspection committees are empowered to freely access workplaces subject to inspection without prior notice at any time. The Committee notes that Article 12(1) specifies the empowerment of labour inspectors who are officials of the government, rather than tripartite committees that also include representatives of employers and workers. Accordingly, the Committee requests the Government to take, without delay, concrete measures, including possible legislative amendments, to ensure that labour inspectors are individually empowered, in line with Article 12(1)(a) and (b) of the Convention, to freely make inspection visits without previous notice.

Article 5(b). Conditions and modalities of collaboration with representatives of employers and workers in tripartite inspection committees. The Committee notes that the DWCP 2019–2023 indicates that the tripartite labour inspection committees are a mechanism for social dialogue and that their functioning is intended to be strengthened through capacity-building activities (Priority 3, Governance of the DWCP). This would result in social partners having a better and more effective engagement in labour inspection activities (indicator 3.2.6 of the DWCP). The Committee requests the Government to provide information on the collaboration between labour inspectors and representatives of employers and workers within the tripartite inspection committees, consistent with the requirements of the Convention, and also in view of the implementation of the DWCP.

Article 6. Status and conditions of service of labour inspection staff. Noting the absence of a reply to its previous request, the Committee once again requests the Government to provide information on the conditions of service of the labour inspectors, including on their salary and benefits in comparison to public servants exercising similar functions with other government services, such as tax inspectors and police.

Articles 10 and 16. Number of labour inspectors. Frequency and thoroughness of inspection. The Committee previously noted discrepancies in the information provided by the Government on the number of labour inspectors (110 labour inspectors according to its 2014 report and 160 labour inspectors according to the 2013 annual report on labour inspection). The Committee notes that the Government, without referring to such discrepancies, indicates that there were 96 labour inspectors (35 inspectors in Baghdad and 61 inspectors in other regions) and 57 labour inspection committees (19 committees in Baghdad and 38 committees in other regions) in 2017. Moreover, the Committee notes from the information contained in contextual analysis of the DWCP that: (i) as of 2018, there were 231 labour inspectors in federally-administered Iraq and 21 labour inspectors in the Kurdistan Region of Iraq; (ii) the staffing numbers are insufficient to meet the needs of workers; and, (iii) the social partners fail to provide members for the labour inspection committees, which is a practical impediment to their effective functioning. Noting again the existence of divergent information on the number of labour inspectors, the Committee requests the Government to clarify whether there has been a decrease in the number of labour inspectors in recent years and, if so, provide information on the reason for this decrease. It also requests the Government to provide information on the number of labour inspectors and inspection committees (and their composition), including particulars of their geographical distribution (at the central and regional levels); the number of inspection visits; the number, nature, size and situation of the workplaces liable to inspection; and, the number and classes of workers employed in such workplaces.

Article 11(1)(a). Equipment in local offices. The Committee notes the Government’s indication that a project was planned to grant inspectors iPads with internet connection in order to facilitate electronic inspections. The Committee requests the Government to provide information on the results of this project, including the extent to which labour inspections are now conducted electronically, in person, or through some combination.

Article 11(2). Reimbursement of any travelling and incidental expenses. Noting the absence of information in this regard, the Committee once again requests the Government to indicate whether incidental expenses, which may be necessary for the performance of their duties, are reimbursed to labour inspectors.

Article 17. Discretion of labour inspectors to initiate prompt legal proceedings without previous warning. With regard to its previous request concerning the adoption of measures to ensure that the national legislation is in line with Article 17 of the Convention, the Committee notes that the Government indicates that section 134(1) of the Labour Code refers to the discretionary and sole authority of the Minister of Labour and Social Affairs to issue a warning to contravening employers before referring a case to the competent courts, and that this authority has not been entrusted to labour inspectors. The Committee once again requests the Government to take concrete measures in order to ensure that, in conformity with Article 17 of the Convention, the national legislation provides that prompt legal proceedings may be instituted or recommended without previous warning by the labour inspectorate.

Articles 20 and 21. Annual reports on the work of labour inspection services. The Committee notes the statistical information provided by the Government on the labour inspection activities carried out in the first semester of 2017. Noting that no recent annual reports on the work of labour inspection services have been submitted, the Committee requests the Government to ensure that these annual reports are published and transmitted to the ILO, and that they deal with all the matters specified in Article 21 of the Convention, including with regard to: staff of the labour inspection service (Article 21(b)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of inspection visits (Article 21(d)); statistics of violations and penalties imposed (Article 21(e); statistics of industrial accidents (Article 21(f)); and, statistics of occupational diseases (Article 21(g)).

The Committee takes note of the Government’s first report. It observes however that the report does not provide full particulars concerning the information requested in the report form. The Committee thus requests the Government to submit a detailed report, including information on all the items set out on the report form (such as on how each relevant provision of the Convention is given effect by identified aspects of national law and practice), as well as a copy of the latest version of the Trade Union Organizations for Workers and Employees Bill (or Act if already adopted), and recalls that it may avail itself of the ILO’s technical assistance in this regard.

The Committee also notes the observations submitted by the General Federation of Iraqi Trade Unions (GFITU), received on 28 August 2019 and on 20 October 2020, as well as the joint observations of the GFITU; the Conference of Iraq Federations and Workers Unions (CIFWU); the Federation of Independent Trade and Professional Unions in Iraq (FITPUI); the Federation of Workers’ Councils and Unions in Iraq (FWCUI); the General Federation of Trade Unions and Employees of Iraq (GFTUEI); the General Federation of Trade Unions of the Republic of Iraq (GFTURI); the General Federation of Workers Unions in Iraq (GFWUI); the Iraqi Federation of Oil Unions (IFOU); and the Union of Technical Engineering Professionals (UTEP), received on 17 September 2020. These observations allege that the pre-existing Law No. 52 of 1987 contravenes the Convention and is still in force, and that the Ministry of Labour and Social Affairs interferes in trade union affairs and only deals with the General Federation of Iraqi Workers (GFIW) as the official representative union in tripartite bodies (the GFITU refers to a Circular of the Ministry showing its bias towards the official governmental federation and threatening legal measures to those contravening it), thus marginalizing and excluding from social dialogue other trade union federations. The Committee further notes the response received from the Government, stating that the Ministry of Labour and Social Affairs supports freedom of association and treats equally all unions, and that a Trade Union Organizations for Workers and Employees Bill was drafted by six federations in coordination with the Ministry of Labour and Social Affairs and is currently being discussed in the State Council. Recalling that for many years, in its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee has been stressing the need to remove any obstacles to trade union pluralism, the Committee reiterates its previous requests to repeal any legislative imposition of trade union monopoly and encourages the Government to continue to engage with all representative trade union federations, so as to ensure full respect for the guarantees set out in the Convention and, to this end, advance in the finalization and adoption of a Trade Union Organizations for Workers and Employees Act.

The Committee further notes the observations of the GFITU received on 25 December 2020, which denounce the closure of one of its branches; and those received on 20 January 2021, which denounce an Instruction dated 7 January 2021 of the Ministry of Industry and Minerals, providing that, pursuant to the legal provisions in force, it is not permissible to practice any trade union activity within the units affiliated to this Ministry and its departments. The Committee requests the Government to provide its comments in this respect, and to take any measures to ensure that the workers of the Ministry of Industry and Minerals may exercise the trade union rights enshrined in the Convention.

[The Government is asked to send a detailed report in 2023.]

The Committee notes the Government’s reports on Conventions Nos 22, 23, 92, 146 and 147. In order to provide a comprehensive view of the issues relating to the application of these maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as set out below.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006) classified Conventions Nos 22, 23, 92, 146 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos 22, 23, 92 and 146 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by Conventions Nos 22, 23, 92, 146 and 147. The Committee notes the Government’s indication that it is in favour of ratifying the MLC, 2006 and that several meetings were held on issues relating to this process with the participation of the General Federation of Workers’ Unions in Iraq and the Iraqi Federation of Industries. The Committee therefore requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and reminds it of the possibility to avail itself of the technical assistance of the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Conventions. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Articles 3–14 of the Convention. Seafarers’ employment agreements and record of employment. The Committee requested the Government to indicate the measures adopted to give effect to these requirements of the Convention. The Committee notes the Government’s indication that there is a signed agreement between the State Company for Maritime Transport and the seafarers working on board its ships providing seafarers with decent working and living conditions on board ship and giving full effect to the Convention. While noting this information, the Committee requests the Government to clarify whether the Maritime Civil Service Act of 1975 is still in force, thereby giving to seafarers the status of public employees engaged on a permanent basis. It further requests the Government to indicate the specific provisions that ensure compliance with the different Articles of the Convention for all seafarers working on board its ships.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 5. Repatriation expenses. The Committee requested the Government to specify the laws and regulations implementing Article 5 of the Convention ensuring that the repatriation expenses are paid to all seafarers irrespective of whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s statement that the State Company for Maritime Transport is committed to the right of seafarers to repatriation upon completion of their period of service aboard ship or in the event of sickness, termination of their employment with the contracting company, injury or death during the course of work. P&I Insurance Club covers the expenses of repatriation of seafarers injured as a result of accidents. While noting this information, the Committee requests the Government to indicate the relevant legislative provisions giving effect to Article 5 of the Convention.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Articles 3 and 6–17. Implementing legislation. Crew accommodation requirements. Noting the absence of legislation giving effect to Articles 3 and 6–17 of the Convention, the Committee requested the Government to adopt the necessary measures in this regard. In the absence of new information, the Committee requests the Government to adopt the necessary measures, without delay, taking into account its previous comment on this matter.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Application of the Convention. The Committee requested the Government to take steps to implement the obligations under Articles 3–12 of the Convention. The Committee notes the Government’s indication that the State Company for Maritime Transport grants persons working on board its ships paid annual leave under appropriate conditions, in accordance with the annual leave regulations under the international Code, which applies to seafarers working on board its ships, taking into consideration the special needs of seafarers with regard to such leave and that this matter is implemented in full. In the absence of specific reference to new legislative provisions, the Committee once again requests the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to the following provisions of the Convention: Article 4 (proportionate leave if length of service is insufficient for full entitlement), Article 6 (justified absence from work and temporary shore leave not to be counted in the minimum annual leave), Article 8 (annual leave in principle consisting of an uninterrupted period), Article 10 (return to the place of engagement or recruitment at the employer’s cost) and Article 11 (prohibition of agreement to relinquish the right to annual leave) of the Convention. The Committee also requests the Government to consider appropriate action to ensure that seafarers employed on board privately owned vessels enjoy the coverage of Article 3 (30-day annual leave), Article 6 (public holidays and periods of incapacity for work not to be counted as annual leave), Article 8 (division of leave into parts and accumulation of leave) and Article 10 (free transportation to place of engagement or recruitment) of the Convention as the existing Labour Code does not appear to give effect to any of these provisions.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

The Committee previously requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention is ensured in law and practice. This obligation, in the case of Iraq, relates to the following Conventions: the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements. The Committee notes the Government’s indication that the State Company for Maritime Transport relies on laws and regulations pertaining to global safety standards, including standards of competency and hours of work. The Committee requests the Government to provide information on the matters raised in its previous comment with respect to the implementation of Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. Noting that the absence of new information in this respect, the Committee once again requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. Noting the absence of new information in this respect, the Committee once again requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable to collective agreements and ratified international labour Conventions.

The Committee notes the observations of the General Federation of Iraqi Trade Unions (GFITU), received on 28 August 2019 and 20 October 2020, as well as the joint observations of the GFITU, the Conference of Iraq Federations and Workers Unions (CIFWU), the Federation of Independent Trade and Professional Unions in Iraq (FITPUI), the Federation of Workers’ Councils and Unions in Iraq (FWCUI), the General Federation of Trade Unions and Employees of Iraq (GFTUEI), the General Federation of Trade Unions of the Republic of Iraq (GFTURI), the General Federation of Workers Unions in Iraq (GFWUI), the Iraqi Federation of Oil Unions (IFOU), and the Union of Technical Engineering Professionals (UTEP), received on 17 September 2020. The Committee further notes the Government’s reply to these observations. The above observations, the content of which concerns mainly the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), are thus treated under Convention No. 87.

Trade union monopoly. The Committee previously recalled the need to remove any obstacles to trade union pluralism and noted with interest the Government’s indication that Government Decision No. 8750 of 2005 had been repealed. It requested the Government to take the necessary measures to repeal the Trade Union Organization Act No. 52 of 1987. The Committee is examining the information provided in this respect under its comments concerning Convention No. 87.

Scope of the Convention. The Committee previously requested the Government to ensure that the rights in the Convention were applicable to all public servants not engaged in the administration of the State. It notes that section 3 of the Labour Code stipulates that its provisions do not apply to “public officials appointed in accordance with the Civil Service Law or a special legal text” and “members of the armed forces, the police and the internal security forces”. The Committee recalls that the Convention covers all workers and employers, and their respective organizations, in both the private and the public sectors, regardless of whether the service is essential, and that the only exceptions authorized concern the armed forces and the police, as well as public servants engaged in the administration of the State. It further recalls that a distinction must therefore be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State (for example, in some countries, civil servants in government ministries and other comparable bodies, and ancillary staff), who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention. This second category of public employees includes, for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel, whether or not they are considered in national law as belonging to the category of public servants (see 2012 General Survey on the fundamental Conventions, paragraphs 168 and 172). The Committee requests the Government to indicate in what manner it ensures that effect is given to the Convention with respect to public officials not engaged in the administration of the State who are excluded from the application of the Labour Code.

Article 1 of the Convention. Protection against acts of anti-union discrimination. Sufficiently dissuasive sanctions. The Committee notes that section 11(2) of the Labour Code stipulates that whoever violates the sections relating to discrimination shall be punished by imprisonment for a period not exceeding six months and a fine not exceeding one million dinars (approximately US$685) or by any of the two sanctions. While taking due note of the above, the Committee considers that the amount of the fine referred to above may not be adequate to deter and prevent the repetition of acts of anti-union discrimination, in particular in large enterprises. The Committee therefore requests the Government to take the necessary measures to ensure that the sanctions actually imposed in cases of anti-union discrimination are sufficiently dissuasive. In this regard, the Committee requests the Government to provide information on the sanctions imposed in practice.

Anti-union dismissal. The Committee notes that section 145 of the Labour Code provides that when the penalty of dismissal has been imposed on a worker, such decision may be challenged within 30 days before the Labour Court. It notes, however, that the Labour Code does not specify which sanctions are applicable in the event of anti-union dismissal. The Committee recalls in this respect that the reinstatement of a worker dismissed by reason of trade union membership or legitimate trade union activities with retroactive compensation constitutes, in the absence of preventive measures, the most effective remedy for acts of anti-union discrimination. It further recalls that the compensation envisaged for anti-union dismissal should be higher than that prescribed for other kinds of dismissal, with a view to the effective dissuasion of this type of dismissal, and that it should be adapted in accordance with the size of the enterprises concerned (see 2012 General Survey, paragraphs 182 and 185). Highlighting the importance that anti-union dismissals give rise to sufficiently dissuasive sanctions, the Committee requests the Government to specify which remedies may be imposed by the Labour Court in such cases, indicating in particular whether the Court is empowered to reinstate the dismissed workers in their positions.

Rapid appeal procedures. The Committee notes that sections 1(26) and 8 of the Labour Code provide protection against anti-union discrimination and that, according to section 11(1) of the Labour Code, workers may resort to the Labour Court to file a complaint when exposed to any form of discrimination in employment and occupation. The Committee recalls that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures to ensure their application in practice (see 2012 General Survey, paragraph 190). The Committee requests the Government to provide information regarding the length of the procedure to treat complaints against acts of anti-union discrimination and its application in practice.

Article 2. Protection against acts of interference. The Committee notes that the Labour Code does not contain any provisions which explicitly prohibit acts of interference. The Committee recalls that under the terms of Article 2 of the Convention, workers’ and employers’ organizations shall enjoy adequate protection against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration. Acts of interference are deemed to include acts which are designed to promote the establishment of workers’ organizations under the domination of an employer or an employers’ organization, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or employers’ organizations (see 2012 General Survey, paragraph 194). The Committee requests the Government to indicate whether other laws or regulations explicitly prohibit acts of interference and provide for rapid procedures and sufficiently decisive sanctions against such acts.

Article 4. Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the measures taken or envisaged to promote collective bargaining, the number of collective agreements concluded and in force in the country, as well as the sectors concerned and the number of workers covered by these agreements.

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.

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.

Articles 1 and 2 of the Convention. Protection of workers’ representatives and facilities. In its previous comments, the Committee had hoped that the new Labour Code would be adopted in the very near future and that it would be in conformity with the provisions of the Convention, including those concerning the protection of workers’ representatives (whether trade union or elected representatives) against dismissals and other prejudicial acts and the facilities afforded to them to enable them to carry out their functions. It also noted that an independent Law on Trade Union Organizations had been examined in a first reading in the Majlis Al Nouwab. The Committee takes note of the Government’s indication that the draft Law on Trade Union Organizations is being discussed in the State Council. The Committee notes, however, that the Government does not provide information concerning the implementation of the specific rights enshrined in the Convention and that it does not refer to the new Labour Code, which was adopted in 2015. The Committee requests the Government to indicate how the new Labour Code gives effect to the Convention, including with respect to the protection of workers’ representatives against prejudicial acts, such as dismissal, and the facilities afforded to them to enable them to carry out their functions. It also requests the Government to inform on any development concerning the adoption of the draft Law on Trade Union Organizations and on its impact on the application of the Convention.

Iraq (ratification: 1959)

Articles 1(a) and (b) and 2 of the Convention. Definition of remuneration. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee: (1) pointed out that section 4(2) of the Labour Code of 1987, which limited equal remuneration to work of the same nature and the same volume performed under identical conditions, was more restrictive than the principle of equal remuneration for work of equal value set out in the Convention; (2) welcomed the adoption of section 53(5) of Labour Law No. 37/2015, which provides for “equal wage for men and women for work of equal value”; and (3) noted that the term “wage” is defined as “any amount or benefit due to the worker in return for any work performed, including all allowances and wages due for overtime”, in accordance with the Article 1(a) of the Convention. Consequently, the Committee requested the Government to provide information on the application in practice of section 53(5) of the new Labour Law. The Committee notes the Government’s statement in its report that the provisions of the Convention are duly applied in practice. In the absence of any information on the practical application of this new provision, the Committee reiterates its request for information on the application in practice of section 53(5) of Labour Law No. 37/2015, including the steps taken or envisaged to raise awareness of the concept of equal remuneration for work of equal value among workers, employers and their respective organizations, as well as enforcement officials and the general public.

The Committee recalls that it also observed that whereas the principle of equal wage for work of equal value is set out in section 53(5) of Labour Law No. 37/2015, section 41(2)(n) refers to the obligation of the employer to ensure equal treatment in terms of wages for all employees in the same profession with the same working conditions. The Committee considers that the reference to “the same profession with the same working conditions” in section 41(2)(n) of the Labour Law may create confusion since, under the terms of the Convention, the employer is required to ensure equal remuneration for work of equal value, not only for the same occupation in the same working conditions. In light of the above, the Committee asks the Government to envisage the possibility of aligning section 41(2)(n) with section 53(5) of the Labour Law when it is revised.

Articles 2 and 3. Implementation of the principle of equal remuneration for work of equal value. Objective job evaluation. In the absence of any information in this regard, and while recognizing the difficult situation in the country, the Committee encourages the Government to develop an objective job evaluation method with a view to facilitating the implementation of the principle of the Convention.

Statistics. The Committee requests the Government to provide any recent statistical information available indicating the level of participation of men and women in the various occupations and sectors of activity in the private and public sectors and, in so far as possible, their corresponding earnings.

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

Repetition

Articles 1 and 2 of the Convention. Implementation of an active employment policy. Coordinating employment policy with poverty reduction strategies. In its previous comments, the Committee invited the Government to provide information on the impact of active employment policy measures taken to create jobs and reduce poverty. The Committee notes that the Government’s report does not contain information on this point. The Committee therefore reiterates its request that the Government provide updated information, including statistical information disaggregated by age and sex, on the impact of active employment policy measures taken in terms of job creation and poverty reduction. It also reiterates its request that the Government provide updated information on the impact of measures adopted to promote the integration into the labour market of the unemployed, including women, young persons and persons with disabilities.

Education and training policies. The Committee previously requested the Government to provide information on the manner in which it ensures effective coordination between training programmes and employment, and to provide statistical information on training programmes and on the number of participants obtaining lasting employment once the training is completed. The Committee notes the statistics provided by the Government indicating that the number of training centres in Baghdad and other governorates (except Kurdistan) have increased from 34 to 38 centres, and that 401 training workshops were held at the centres during the reporting period. The Government adds that 71 training curricula have been prepared for computer-based training, and that three programmes are being implemented in the training centres: Know About Business; Business innovation; and Life Skills. Referring to its 2014 comments on the implementation of the Human Resources Development Convention, 1975, (No. 142), the Committee once again requests the Government to provide information in its next report on Convention No. 122 indicating the manner in which it ensures effective coordination between its vocational guidance and training programmes and its employment programmes, and to provide detailed information on the content of training programmes, as well as statistical data disaggregated by age and sex on the number of participants obtaining lasting employment following completion of their training. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that vocational guidance and training educational curricula and training content are coordinated with existing and anticipated employment opportunities, to meet the current and evolving needs of the labour market.

Article 2. Collection and analysis of employment data. The Committee previously requested the Government to provide updated statistics on the employment situation and trends. The Committee notes the Government’s statement that the information is not available. The Committee therefore reiterates its request that the Government provide updated statistics, disaggregated by age and sex, on the situation and trends of employment, unemployment and underemployment in the formal and informal economies as soon as this information becomes available.

Article 3. Participation of the social partners in the formulation and application of policies. The Government indicates that pursuant to section 17 of the Labour Code No. 37 of 2015, the Ministry of Labour has prepared draft instructions regarding the creation of the High Committee for Planning and Employment of the Labour Force, a tripartite committee mandated to formulate public policy on employment and vocational training. The Committee requests the Government to provide updated information in its next report on the establishment and activities of the High Committee for Planning and Employment of the Labour Force.

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.

Article 2(2) of the Convention. National policy concerning nursing services and nursing personnel. The Committee notes with interest the adoption of the first Iraqi National Health Policy (NHP), developed in collaboration with the World Health Organization (WHO), relevant ministries and key health stakeholders. The NHP covers the period from 2014 to 2023 and seeks to achieve universal health coverage for all citizens while ensuring equity, quality and cost effectiveness. The Committee notes that the NHP contemplates the adoption of measures to review health workers’ conditions of service (salary, housing, professional advancement, contractual obligations, involvement in decision making, recognition of staff contributions and other incentives) and develop appropriate recruitment and retention strategies both for national and expatriate health workers within the public sector. The Committee also notes the adoption of a national nursing and midwifery strategy, whose development was informed by the WHO regional framework for strengthening nursing and midwifery in the Eastern Mediterranean Region 2016–2025. The Committee further notes that, according to WHO’s Global Health Workforce Statistics, the number of nurses per 1000 persons increased from 1.7 in 2016 to 2 in 2018. The Committee requests the Government to provide detailed updated information on the nature, content and impacts of the policies, programmes, incentives or other measures adopted, including in the framework of the National Health Policy for the period 2014-23 and the nursing and midwifery strategy, to: (i) offer attractive employment and working conditions and reasonable career prospects to all nurses; and (ii) to ensure that foreign nursing personnel working in the country enjoy equality of treatment with national personnel. It further requests the Government to provide a copy of the national nursing and midwifery strategy.

Article 3. Nursing education and training. The Committee notes the information provided by the Government regarding measures adopted to improve the quality of nursing education. The Government indicates that, pursuant to the national strategy for the development of the nursing and midwifery profession, new higher health institutes have been established in Baghdad and all of the governorates in coordination with the Ministry of Higher Education and Scientific Research (MoHESR). These institutes facilitate access to higher education for nursing personnel who hold a preparatory nursing, midwifery and obstetrics certificate and increase the number of nursing personnel by accepting secondary school graduates who have taken the science option. The new higher education institutes include sections for nursing, midwifery and obstetrics. The Government adds that preparatory nursing, midwife and obstetrics certificates are no longer accepted and the ministry schools that provided them have been closed in order to improve educational levels and the quality of nursing services nationwide. The Government indicates that the educational process in higher health institutes has been regulated by the Institutes of Health Professions Regulation No. 3 of 2011 and the organization of nursing, midwifery and obstetrics preparatory schools by the Nursing, Midwifery and Obstetrics Preparatory Schools Regulation No. 1 of 2013. The Government also refers to the implementation of development and educational programmes for nursing and midwifery (Registered Nurse Programme and Successful Nurse Programme). The Committee requests the Government to provide detailed updated information on the nature, the content and the impact of the measures adopted with a view to ensuring that nursing personnel are provided with education and training appropriate to the exercise of their functions, including those adopted in the framework of the National Health Policy for the period 2014-2023 and the national nursing and midwifery strategy. The Committee reiterates its requests to the Government to provide updated detailed information on the study curricula and statistics on the number of persons enrolled in, or graduating from, nursing schools per year – if possible disaggregated by sex and educational level.

Article 4. Practice of the nursing profession. In reply to the Committee’s previous comments, the Government reiterates that, in accordance with Act No. 96 of 2012, authorization to practice nursing in Iraq is granted by the nursing union. The Committee notes that the NHP provides for the adoption of measures to enhance the quality of health care services through accreditation and licensing in a systemic and sustainable approach. The Committee also notes the Government’s indication that the work of nursing personnel is in the process of being regulated by the adoption of the Iraqi Nursing Council Act and the Nursing Personnel Act. The Government reports that approval is also being sought for enactment of the Nursing Trade Union Act, although it refers to obstacles to its adoption. Lastly, the Government refers to the development of manuals on the application of nursing procedures for nursing and midwifery personnel in the public health sector. The Committee therefore reiterates its requests to the Government to transmit a copy of Act No. 96 of 2012 on the practice of the nursing profession and midwifery and all relevant information of a practical nature following the implementation of the new legislation (e.g. number of authorized nurses, registered membership of Nurses’ Association and nationality and number of foreign nurses authorized to practice in the country). The Committee further requests the Government to provide information on any progress made towards the adoption of the Iraqi Nursing Council Act and the Nursing Personnel Support Act and to provide a copy once adopted.

Article 5. Participation and consultation. The Committee notes that the NHP provides for the development and implementation of measures to build the capacity of and strengthen professional associations and unions to ensure their informed involvement in decision-making and promote the amicable settling of disputes. In this regard, the Committee requests the Government to provide updated detailed information on the specific measures taken or envisaged to promote the participation of nursing personnel in the planning of nursing services and consultation on decisions concerning them, as required under Article 5.

Article 7. Occupational safety and health. The Government reports that a draft law has been developed to ensure occupational safety and health and to provide a secure working environment for nursing and midwifery personnel. In the context of the COVID-19 pandemic, the Committee notes that, on 26 March 2020, the Government established a Higher Committee for Health and National Safety to direct the country’s effort to combat COVID-19. The national Higher Committee is mandated with setting out policies and adopting the necessary measures to contain COVID-19. With respect to ensuring occupational safety and health for front line health workers, the Committee recalls that nursing personnel who, due to the specific characteristics of their work, must be in close physical contact with their patients, are at high risk of being infected while treating patients with suspected or confirmed COVID-19, especially where infection control precautions, including the use of personal protective equipment (PPE), are not strictly practiced. The Committee wishes to draw the attention of the Government to Paragraph 49 of the Nursing Personnel Recommendation, 1977 (No. 157), which provides that: “(1) all possible steps should be taken to ensure that nursing personnel are not exposed to special risks. Where exposure to special risks is unavoidable, measures should be taken to minimise it; (2) measures such as the provision and use of protective clothing, immunisation, shorter hours, more frequent rest breaks, temporary removal from the risk or longer annual holidays should be provided for in respect to nursing personnel regularly assigned to duties involving special risks so as to reduce their exposure to these risks; and (3) in addition, nursing personnel who are exposed to special risks should receive financial compensation.” The Committee requests the Government to provide detailed updated information on the nature and impact of safety measures taken or envisaged, including the provision of personal protective equipment (PPE) and training in its correct use, as well as provision of adequate rest breaks during workers’ shifts and limitations on excessive hours wherever possible, with a view to protecting the health and well-being of nurses and midwives to limit to the extent possible their risk of contracting COVID-19. The Committee also requests the Government to provide updated information on progress made towards the adoption of the draft law concerning occupational safety and health for nursing personnel, and to provide a copy once adopted.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3 of the Convention. Policy to improve the working conditions of workers in hotels and restaurants. With reference to its previous comment, the Committee notes the Government’s statement that in accordance with Act No. 21 of 2007 amending the Workers’ Pensions and Social Security Act No. 39 of 1971, workers employed in hotels and restaurants, including temporary workers, are covered by the provisions of the Workers’ Pensions and Social Security Act. The Government adds that these workers are also covered by the Instructions on Occupational Safety and Health No. 22 of 1987. Recalling that the Convention specifically requires ratifying states to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned, the Committee requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy regarding the working conditions in the hotel and catering sector, and to keep the Office informed of any progress made in this respect.

The Committee notes the Government’s first report.

Article 2(3) of the Convention. Periodic consideration of measures to be taken to ratify relevant occupational safety and health (OSH) Conventions. The Committee notes the Government’s indication in its report that a Tripartite Consultation Committee, consisting of the Ministry of Labour and Social Affairs (MOLSA), and representatives of employers and of workers, consults on the measures that could be taken to ratify ILO Conventions, including those on OSH. The Committee requests the Government to provide further information on the consultative process within the Tripartite Consultation Committee in this regard, including their frequency and the manner in which consideration is given, in those consultations, to measures that could be taken to ratify relevant OSH Conventions.

Article 3. National OSH policy. The Committee notes the Government’s indication that, pursuant to section 115(1) of the Labour Law No. 37 of 2015 (Labour Law), the MOLSA, through the National Centre for Occupational Health and Safety (NCOHS), shall be responsible for drafting, developing and reviewing the national OSH policy on a regular basis, in consultation with the social partners. In this regard, the Government indicates that the NCOHS is in the process of finalizing the OSH policy, and refers to consultations with the Iraqi Federation of Industries and the General Federation of Trade Unions of Iraq in this context. The Committee requests the Government to take the necessary measures to finalize its national OSH policy in the near future, and requests the Government to provide a copy, once adopted. The Committee also requests the Government to provide further information on the outcome of consultations undertaken with employers’ and workers’ organizations in the formulation of its national OSH policy.

Article 4(1) and (2)(a). Progressive development and periodic review of the national system in consultation with social partners. Review of OSH laws and regulations. The Committee notes the legislation pertaining to OSH provided by the Government. The Committee requests the Government to provide further information on the manner in which it periodically reviews its national OSH system, and to indicate how the most representative organizations of employers and workers are consulted in this regard. The Committee further requests the Government to provide information on the manner in which the social partners are consulted on revisions of the national legislative framework on OSH.

Article 4(1) and (2)(b). Establishment, maintenance, progressive development and periodic review of the national OSH system in consultation with social partners. Authority responsible for OSH. The Committee notes that, pursuant to section 113 of the Labour Law, the NCOHS is in charge of managing the planning and monitoring of OSH matters. The Committee also notes that, pursuant to section 6 of Instructions No. 12 of 2017 on the Tasks and Structure of the NCOHS, the functions of the Department of Planning and Follow-up of the NCOHS include the follow-up to the implementation of the Centre’s policies and plans, as well as the assessment of the performance of its Departments. In this respect, the Decent Work Country Programme for Iraq (DWCP) 2019–23 observes that the NCOHS has been subject to decentralisation, which has raised some concerns around the capacities of decentralised entities to address more technical aspects of OSH at the level of the workplace. The Committee notes that the DWCP 2019–23 envisages actions to support the MOLSA in strengthening the technical capacities of the NCOHS and enabling it to provide better and more effective OSH services at the national level. The Committee requests the Government to provide further information on any measures taken or envisaged, including in the context of the DWCP, to strengthen the capacity of the NCOHS.

Article 4(3)(a). National tripartite advisory body. The Committee requests the Government to provide information on whether there is a national tripartite advisory body which addresses OSH issues, and if so, to provide information on its activities.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. The Committee requests the Government to indicate whether measures have been taken or envisaged to provide for collaboration between the authorities responsible for OSH and relevant insurance or social security schemes.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee requests the Government to indicate whether measures have been taken or are envisaged to provide support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, SMEs and the informal economy.

Article 5. National OSH programme. The Committee notes the Government’s statement that a general national programme has been formulated. The Committee requests the Government to provide further information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national programme on OSH in consultation with the social partners, in accordance with Article 5(1), and to ensure that such a programme covers all the elements under Article 5(2)(a)–(e) of the Convention. The Committee also requests the Government to indicate the measures taken or envisaged to ensure that the national OSH programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3).

The Committee recalls that the Government can avail itself of the technical assistance of the ILO regarding the implementation of this Convention.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

– Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.

– Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.

– Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

– Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.

– Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.

– Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

The Committee previously noted the Government’s indication that a new system in ports ensured the safety of workers employed in loading and unloading of containers and that the relevant sectoral body had stated that measures were taken with respect to marking cargo as prescribed by the Convention. The Committee requested the Government to provide information on the manner in which the Convention was applied in law and in practice in the context of the difficult situation faced by the country. The Government indicated in its report, received in 2018, that it would provide this information as soon as it receives it from the relevant sectoral body. The Committee trusts the Government will be able to provide in the near future specific information relating to the measures taken for the application of the Convention, including on any difficulties encountered in this regard.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together.

Minimum wage

Articles 3 and 4 of Convention No. 131. Elements taken into consideration in determining the level of minimum wages. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes with interest that pursuant to the adoption of a new Labour Code (Act No. 37 of 2015), criteria for the determination of the minimum wage in line with Article 3, as well as a specific periodicity for their review, are now established in section 63 of that Code.

Protection of wages

Article 2 of Convention No. 95. Application to public officials. The Committee notes that the new Labour Code is the main legislation implementing the Convention. It also notes that its section 3 specifies that its provisions shall apply to all workers in the Republic of Iraq, with the exception of public officials appointed in accordance with the Civil Service Law or a special legislation, and members of the armed forces, the police and the internal security forces. The Committee requests the Government to provide information on the manner in which effect is given to the Convention with regard to public officials who are excluded from the application of the Labour Code.

Article 3(1) of Convention No. 95. Payment of wages in legal tender. Further to its previous comments, the Committee notes that section 53(1) of the Labour Code provides that wages due to workers shall be paid in Iraqi currency, unless otherwise specified in the employment contract. It recalls that Article 3(1) provides that wages payable in money shall be paid only in legal tender. The Committee requests the Government to provide information on any cases where payment of wages otherwise than in Iraqi currency is provided for in the employment contract in application of the exception authorized under section 53(1) of the Labour Code.

Article 4. Partial payment of wages in kind. Further to its previous comments, the Committee notes the Government’s indication that the Labour Code does not authorize the partial payment of wages in kind.

Article 7(2). Works stores in remote areas. The Committee notes that section 41(2)(o) of the Labour Code sets out that the employer must provide the workers with the necessary goods and services in remote locations at subsidized prices. Moreover, section 111 concerning workers in quarries, mines and mineral extraction provides that the price paid by a worker in return for transportation, meals and housing in remote and distant areas shall be determined by virtue of the Minister’s decision. The Committee recalls that Article 7(2) provides that the competent authority shall take appropriate measures with the objective of ensuring that stores established and services operated by the employer, where access to other stores or services is not possible, are not operated for the purpose of securing a profit but for the benefit of the workers concerned. The Committee requests the Government to provide information on the decisions adopted to give effect to sections 41(2)(o) and 111 of the Labour Code.

Article 1(a) of the Convention. Identification of clans and tribes. The Committee requests the Government to provide an overview of the main tribes and clans which correspond to the criteria set out in the Convention, including in particular those tribes and clans whose social and economic conditions are at a less advanced stage than the stage reached by the other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations.

Articles 2, 6 and 27. Programmes. Coordinated and systematic action. The Committee recalls that, under these provisions of the Convention, the Government should establish coordinated and systematic programmes for the populations concerned in so far as it is necessary. The Committee requests the Government to indicate whether any programmes or projects of economic development have been drawn up or undertaken to specifically benefit the clans and tribes within the meaning of the Convention.

Article 11. Right to ownership. The Committee once again requests the Government to identify the regions where the right of ownership of land, collective or individual, of the members of the clans and tribes concerned has been recognized and where the populations concerned benefit from such right. In the case of collective ownership, please indicate the main forms the rights recognized by law are exercised. In the case of individual ownership, please indicate whether there is any common use of land (e.g., cooperative farming) and the legal basis for it.

Articles 12 to 14. Land. The Committee requests the Government to indicate the provisions of the national legislation which ensure that the clans and tribes concerned may not be removed from their habitual territories without free consent. Please also provide particulars of any cases in which populations concerned have been removed from their habitual territories, including the grounds of removal and the terms of their settlement or resettlement, and/or provisions made for their compensation.

Articles 16 to 18. Vocational training, handicrafts and rural industries. The Committee requested the Government to provide updated information on the impact that the implementation of the social protection system has had on the clans and tribes concerned as well as the services provided. The Government indicates that the Women’s Social Protection Directorate of the Ministry of Labour and Social Affairs provides social and vocational programmes to help develop the skills and capacities of women to enable them to acquire the expertise to generate an income in addition to the social assistance they receive. The Government also informs that the major problem facing this segment of the female population is the clan and tribal customs and traditions, which prevent them from accessing key services, including education and vocational training courses. The Committee requests the Government to provide further information on special vocational training programmes that have been established for the populations concerned and whether their handicrafts and rural industries have been encouraged as factors in their economic development. Please provide information on measures taken to address the specific needs of women.

Articles 1 and 2 of the Convention. Adoption and implementation of policies and programmes of vocational guidance. Close link between employment and training. In reply to the Committee’s previous direct request, the Government reports that, in 2014, the Council of Ministers approved a strategy to develop technical and vocational education and training (2014–23). The strategy includes 70 schemes and 35 programmes designed to raise the level of technical and vocational education and training (TVET) graduates in line with the needs of the labour market. The Government adds that, since 2016, in collaboration with UNESCO, and with funding from the European Union (EU), it has been implementing a TVET reform project. The project is upgrading the skills of TVET trainers to enable them to provide competency-based training (CBT) and the new curricula that will be trialled in close cooperation with actors in the labour market. The Government notes that a national council for technical and vocational education and training bill (governance of TVET institutions) has been drafted. Additionally, the Government indicates that a national labour market observatory has been established to monitor the needs of the labour market and a draft concept document has been drafted to develop a national technical and vocational qualification framework that seeks to open new learning trajectories, and recognize prior learning as well as links between qualifications. In addition, agreement has been reached on a draft framework for a public–private partnership. The Government also refers to the merger of the Department of Vocational Training of the Ministry of Labour and Social Affairs with the Department of Employment and Loans and the Department of Vocational Training, which now form the Directorate of Training and Employment. The Committee requests the Government to provide information in its next report on the mandate and activities of the Directorate of Training and Employment, as well as information on the impact of its activities in relation to the provisions of the Convention. The Committee further requests the Government to provide detailed information on the outcomes achieved by the TVET project (2014–23). The Government is also requested to provide a copy of the law on the national TVET council as soon as it is adopted.

Article 3. Vocational guidance policy. The Committee reiterates its request that the Government provide information on the measures taken to ensure that comprehensive information and the broadest possible guidance are available to all workers, including young people, women and persons with disabilities. In addition, the Committee requests the Government to provide information, including statistical data disaggregated by sex, age and type of training provided, on the number of trainees undergoing TVET annually.

Article 5. Cooperation with the social partners. In response to the Committee’s 2014 direct request, the Government indicates that the Tripartite Consultation Committee’s membership includes the Iraqi Federation of Industries and the General Federation of Trade Unions in Iraq. The Committee requests the Government to continue to provide information on the frequency, nature and outcome of the consultations held with the social partners in relation to the development and implementation of policies and programmes of vocational guidance, education and training.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements and record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

– Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.

– Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.

– Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that a new Labour Code was adopted on 17 August 2015. It also notes the Government’s indication in its reports that a Tripartite Consultation Committee has recommended the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), and that it is currently carrying out a comparative analysis between the provisions of the MLC, 2006 and the national regulations. The Committee notes these efforts and requests the Government to provide information on progress achieved in this regard. The Committee also reminds the Government of the possibility to avail itself of technical assistance from the Office concerning the implementation of Conventions. In the meantime, the Committee will continue to examine the conformity of national legislation with the requirements of the maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 2 and 3. Unemployment indemnity in the event of the loss or foundering of a ship. In its previous comment, the Committee requested the Government to take all appropriate steps – preferably in the context of an overall revision of the maritime legislation – to ensure that: (i) in every case of loss or foundering of any vessel, seafarers employed thereon shall be paid for the days during which they remain unemployed an indemnity at the same rate as the wages payable under their contract although the total indemnity payable to any one seafarer may be limited to two months’ wages; and (ii) seafarers shall have the same remedies for recovering the indemnity against unemployment as they have for recovering arrears of wages earned during their service. The Committee once again requests the Government to take all appropriate steps to ensure that seafarers are paid the indemnification specified in Articles 2 and 3 of the Convention.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3–14. Seafarers’ employment agreements record of employment. The Committee notes that the Government indicates that the Maritime Civil Service Act No. 201 of 1975 and the Labour Code (Act No. 71 of 1987) give effect to the requirements of the Convention and that seafarers continue to enjoy the status of public employees engaged on a permanent basis. The Committee also notes the Government’s indication that a model seafarer’s employment agreement will be incorporated in instructions that will govern the implementation of the MLC, 2006. In that respect the Committee recalls that the requirements of Convention No. 22 are consolidated in Regulation 2.1 and the Code of the MLC, 2006. Therefore, the Committee reminds the Government of its obligations to implement the provisions of Convention No. 22. The Government is requested to provide detailed information on any measures taken in this respect.

Repatriation of Seamen Convention, 1926 (No. 23). Article 5. Repatriation expenses. In its previous comment, the Committee requested the Government to report on the concrete measures taken to ensure that the repatriation expenses are paid to all seafarers employed or engaged on board seagoing vessels registered in Iraq to which this Convention applies, regardless as to whether they are awaiting repatriation in locations outside Iraq or in Iraq, or whether they are employed in the public or private sector. The Committee notes the Government’s indication that rules and instructions will be issued after ratifying the MLC, 2006 and that the Committee’s comments will subsequently be taken into account. In the meantime, the Committee requests the Government to take the appropriate measures to put national legislation in line with the requirements of Convention No. 23.

Accommodation of Crews Convention (Revised), 1949 (No. 92). Articles 3 and 6–17. Implementing legislation – crew accommodation requirements. The Committee recalls its previous comment in which it noted that the national legislation does not give effect to any of the technical accommodation standards set out in Articles 6–17 of the Convention. The Committee notes, in this respect, the Government’s indication that the required standards have been adopted in certain contracts on board vessels that were recently constructed, and that contracts with large companies take into account international standards. The Committee draws the Government’s attention, in this respect, to Article 3 of the Convention, which requires ratifying Members to maintain in force laws or regulations – and not merely contracts – which ensure the application of the technical accommodation provisions of the Convention. Nevertheless, the Committee further notes the Government’s explanation that, in the context of the process of ratification of the MLC, 2006, texts that are in conformity with the Convention shall be incorporated in the instructions which will be issued by the Maritime Department. The Committee notes this information and recalls that Regulation 3.1 of the MLC, 2006 revises this Convention and similarly requires that Members adopt laws and regulations requiring that ships flying its flag meet the minimum accommodation standards for seafarers, working or living on board. The Committee hopes that, in the framework of the legislative reform, the Government will be able to adopt legislation to implement the minimum accommodation standards.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Application of the Convention. In its previous comment, the Committee requested the Government to introduce the necessary amendments to the Civil Marine Service Act in order to give effect to Articles 4, 6, 8, 10 and 11. It notes the Government’s indication that it will submit a proposal to the competent authority for the formulation of a new draft Act on the civil marine service or amend the previous law to bring it into conformity with the provisions of the Convention. While recalling that the requirements of Convention No. 146 are consolidated in Regulation 2.4 and the related provisions in the Code of the MLC, 2006, the Committee requests the Government to take account of the Committee’s previous comments and to take steps to implement the obligations under Articles 3–12 of the Convention.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a). Implementing legislation. In its previous comments, the Committee requested the Government to indicate how substantial equivalence with the ILO Conventions enumerated in the Appendix to the Convention, is ensured in law and practice. In this regard, the Committee recalled that, in accordance with Article 2(a) of the Convention, each Member is under an obligation to satisfy itself that its relevant legislation is substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, even if the Member has not ratified them. This obligation, in the case of Iraq, relates to the following Conventions: the Officers’ Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4); the Sickness Insurance (Sea) Convention, 1936 (No. 56); the Medical Examination (Seafarers) Convention, 1946 (No. 73); the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Articles 4 and 7); and the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), unless the relevant shipboard living arrangements are covered by collective agreements.

The Committee notes that the Government has not provided the requested information on the implementation of Article 2(a) of the Convention, but, instead, has indicated that the Committee’s comments will be taken into account and will be included in instructions that will be issued by the Maritime Department after Iraq’s ratification of the MLC, 2006. In that respect the Committee recalls that most of the requirements of Conventions Nos 53, 56, 73, 134 and 68 have been incorporated in the Regulations and the Code of the MLC, 2006. In the meantime, the Government is requested to provide information with respect to the implementation of Article 2(a) of Convention No. 147 regarding:

– Convention No. 56. The Committee notes the Government’s reference to the Maritime Civil Service Act No. 201 of 1975 and the Civil Service Pensions Act No. 28 of 2006. For the purposes of substantial equivalence with Convention No. 56, the Committee once again wishes to draw the Government’s attention to the fact that there should be a compulsory sickness insurance scheme (Article 1) with cash benefits for the seafarer or his family at the national going rate for at least 26 weeks (Articles 2 and 4); medical benefit (Article 3); maternity benefit (Article 5); and death or survivor’s benefit (Article 6); benefits should cover the normal interval between engagements (Article 7); and the shipowners and seafarers should share the expenses of the scheme (Article 8). The Committee therefore once again requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Convention No. 56, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 73. The Committee notes the Government’s indication that the standards concerning medical examinations for seafarers, medical certificates (issued every two years), and seafarers’ fitness in terms of hearing and sight as well as in terms of colour vision are complied with. The Committee requests the Government to indicate the specific provisions in national laws or regulations substantially equivalent to Convention No. 73, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 134 (Articles 4 and 7). The Committee notes the Government’s indication that all the instructions issued by the maritime administration are implemented, including the appointment of one or more crew members responsible for the prevention of accidents on board ship. The Committee once again requests the Government to indicate the specific provisions of the national laws and regulations that are substantially equivalent to Convention No. 134 and deal with the nine general and specific subjects listed in Article 4(3) and provide for the appointment of one or more crew members as responsible for accident prevention under Article 7.

– Convention No. 68 (Article 5). The Committee notes the Government’s indication that provision is made for food and water supplies that are suitable in terms of quantity and nutritive value, size of the crew and catering department and the duration of the voyage. It further notes that food allowances are provided to every officer and seafarer on board the vessel. The Committee once again requests the Government, unless the issue is covered by collective agreements, to indicate the specific provisions of the national laws or regulations substantially equivalent to Article 5 of Convention No. 68 which provide for food and water supplies and that having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and the arrangement and equipment of the catering department in every vessel in such a manner as to permit the service of proper meals to members of the crew, in accordance with Article 2(a) of Convention No. 147.

– Convention No. 53 (Articles 3 and 4). The Committee notes the Government’s indication that sections 23 to 38 of the Maritime Civil Service Act contain provisions regarding the qualifications required for the functions performed by officers and seafarers on board vessels. The Committee once again requests the Government to indicate the specific provisions of the national legislation which establishes requirements in respect of the education of officers, prescribe requirements in respect of a minimum period of professional experience, and provide for the organization and supervision of examinations, so as to ensure substantial equivalence with Convention No. 53 in accordance with Article 2(a) of Convention No. 147.

– Convention No. 87. The Committee wishes to recall that substantial equivalence to Convention No. 87 involves at the minimum the observance and implementation in respect of seafarers on ships registered in the national territory of the following four basic guarantees of freedom vis-à-vis the public authorities for workers and employers to exercise the right to organize: (i) all workers and employers should have the right to establish and join organizations of their own choosing without previous authorization (Article 2 of Convention No. 87); (ii) those organizations should have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3 of Convention No. 87); (iii) the organizations are not liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87); and (iv) the organizations should have the right to establish and join federations and confederations and affiliate with international organizations of workers and employers (Article 5 of Convention No. 87), such federations and confederations having the same rights as their constituent organizations (Article 6 of Convention No. 87). It further notes the Government’s indication that seafarers are considered as civil servants who are governed by laws related to their work. Noting that the Labour Code excludes from its scope of application public officials appointed in accordance with the Civil Service Law, the Committee requests the Government to indicate the specific provisions of the national legislation that are substantially equivalent to Convention No. 87 in accordance with Article 2(a) of Convention No. 147.

Article 2(a)(i). Standards of manning. The Committee notes the Government’s statement that every vessel has insurances and must carry a document which indicates the minimum manning standards that should be available on board. The Committee requests the Government to indicate the specific provisions of the national legislation which provide for standards of manning to ensure the safety of life on board.

Article 2(f). Inspections. The Committee notes the Government’s indication that there is an authority which is responsible for the categorization of vessels. It further notes that it has an integral inspection body which is in charge of inspections and investigations of complaints. The Committee requests the Government to provide details of the arrangements which exist to verify compliance with the national laws or regulations, required under Article 2(a) of Convention No. 147, applicable collective agreements and ratified international labour Conventions.

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019. The Committee notes the detailed discussion which took place at the 108th Session of the Conference Committee on the Application of Standards in June 2019, concerning the application by Iraq of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Compulsory recruitment of children for use in armed conflict and penalties. In its previous comments, the Committee noted from the report of the United Nations Secretary-General on Children and Armed Conflict of 16 May 2018 that the recruitment of children for their use in armed conflict is still prevailing on the ground. The Committee also noted that the UN Secretary-General expressed his concern about the organization of military training for boys aged 15 and above by the pro-government Popular Mobilization Forces (PMF) and encouraged the Government to develop an action plan to end and prevent the alleged training, recruitment and use of children by the PMF (A/72/865–S/2018/465, paragraph 85). The Committee strongly urged the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop to the forced recruitment of children under 18 years of age into armed forces and armed groups.

The Committee notes that the Conference Committee urged the Government to provide an immediate and effective response for the elimination of the worst forms of child labour, including to: (i) take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop, in practice, to the forced recruitment of children into armed forces and armed groups; (ii) adopt legislative measures to prohibit the recruitment of children under 18 years of age for use in armed conflict; (iii) take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons who forcibly recruit children for use in armed conflict are carried out and sufficiently effective and dissuasive penalties are imposed in practice; and (iv) collect and make available without delay information and statistics on investigations, prosecutions and penalties relating to the worst forms of child labour according to national enforcement mechanisms.

The Committee notes the observations of the ITUC that children are recruited and trained for suicide attacks, production of explosives and sexual exploitation. The eradication of these forms of child labour must be the highest of priorities for the Government of Iraq. It would also appear that military training is organized for boys aged 15 and over by pro-government forces. To combat these practices, it is essential for the legislation in Iraq to establish this prohibition explicitly together with effective and dissuasive penalties against those responsible for such recruitment.

The Committee notes the Government’s reference to Law No. 28 of 2012. The Committee observes however that Law No. 28 is related to trafficking in persons and is not linked to the recruitment of children for use in armed conflict. The Committee notes the Government’s indication that the competent courts have taken all legal measures to investigate those accused of mobilizing and recruiting children. The Government adds that there have been unverified reports of cases of children being forcibly recruited and compelled to fight by armed and similar groupings unlawfully claiming to be affiliated with the PMF. The only information that has been corroborated relates to terrorist groupings associated with the Islamic State in Iraq and Levant (ISIL) and their forced recruitment of children into their organizations and use of them in suicide missions and as human shields.

The Committee observes that in its report “Children and armed conflict” of 2019, the UN Secretary-General (UN Report) indicates that 39 children were recruited and used by parties to the conflict including five boys between the ages of 12 and 15, used by the Iraqi Federal Police in Nineveh Governorate to fortify a checkpoint, and one 15-year-old boy used by ISIL in Anbar Governorate to drive a car bomb into Fallujah city. In addition, 33 Yazidi boys between the ages of 15 and 17 were rescued after being abducted in Iraq in 2014 by ISIL and trained and deployed to fight in the Syrian Arab Republic (A/73/907/S/2019/509, paragraph 71).

The Committee once again deeply deplores the current situation of children affected by armed conflict in Iraq, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. It recalls that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in the country, the Committee once again strongly urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children and to put a stop to the forced recruitment of children under 18 years of age into armed forces and armed groups. It also once again urges the Government to take immediate and effective measures to ensure that thorough investigations and prosecutions of all persons, including members in the regular armed forces, who recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. Finally, the Committee once again urges the Government to take the necessary measures to ensure the adoption of the law prohibiting the recruitment of children under 18 years of age for use in armed conflict and expresses the firm hope that this new law will establish sufficiently effective and dissuasive penalties. The Committee requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Conference Committee urged the Government to: (i) develop policies and programmes aimed at ensuring equal access to free public and compulsory education for all children by taking steps to give immediate effect to its previous commitment to introduce laws that prohibit the recruitment of children for armed conflict and dissuasively penalize those who breach this law; and (ii) supplement without delay the UNESCO “Teach a Child” project and other projects with such other measures as are necessary to afford access to basic education to all children of school age, particularly in rural areas and areas affected by war.

The Committee notes the Government’s reference to a number of projects and programmes aiming to provide access to basic education for all children including: (i) the UNESCO “Teach a child” project has been implemented in the General Directorates of Education in the following governorates (Baghdad/Al-Rusafa Third/Al-Karkh Third) during the 2018–19 school year; (ii) the “Stabilization and Peace” programmes have been implemented in Nineveh Governorate during the 2018–19 school year, with support from the Mercy Corps international organization, to bring school dropouts in the 12–18 age group back into the classrooms; and (iii) programmes have been implemented to foster educational opportunities for young people from the governorates affected by the crises in Iraq (i.e. Baghdad/Al-Karkh First and Second/Al-Rusafa First and Second/Diyala/Kirkuk/Al-Anbar/Saladin) by opening “Haqak Fi Altaalim” centres for the 10–18 age group during the 2018–19 school year with the support of the Mercy Corps international organization. The Government also states that schools have been opened and have accelerated learning offered to bring in children in the 10–18 age group in the different governorates with appropriate monitoring and follow-up. While acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to continue to take the necessary measures to improve access to free basic education of all children, particularly girls, children in rural areas and in areas affected by the conflict. It also requests the Government to continue to provide information on the results achieved through the implementation of projects, particularly with respect to increasing the school enrolment and completion rates and reducing school drop-out rates so as to prevent the engagement of children in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Children in armed conflict. The Committee notes the Government’s indication that a High-Level Supreme National Committee was established to follow up on abuses to which children are subjected to or the deprivation of their rights as a result of the armed conflict. This Committee is chaired by the Minister of Labour and Social Affairs and the Head of the Childcare Agency, with the membership of the board of the High Commission for Human Rights, the Ministry of the Interior, the Ministry of Education, the NGO Directorate, along with a representative from the PMF and another from the Foreign Ministry.

The Committee notes that according to the UN Report, as of December 2018, at least 902 children (850 boys and 52 girls) between the ages of 15 and 18 remained in detention on national security-related charges, including for their actual and alleged association with armed groups, primarily ISIL (paragraph 72). The Committee deplores the practice of the detention and conviction of children for their alleged association with armed groups. In this regard, the Committee must emphasize that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see 2012 General Survey on the fundamental Conventions, paragraph 502). The Committee, therefore, once again urges the Government to take the necessary measures to ensure that children removed from armed groups are treated as victims rather than offenders. It also, once again, urges the Government to take effective and time-bound measures to remove children from armed groups and ensure their rehabilitation and social integration. It requests the Government to provide information on the activities of the High-Level Supreme National Committee and the results achieved, in terms of the number of children removed from armed groups and socially reintegrated.

2. Sexual slavery. The Committee notes that the Conference Committee urged the Government to take effective measures to identify and support children, without delay, who have been sexually exploited and abused through such means of sexual enslavement.

The Committee notes the Government’s reference to article 29(iii) of the Constitution (prohibition of economic exploitation of children) as well as to section 6(iii) of the Labour Law of 2015 (elimination of child labour). The Committee notes however the absence of information on the practical measures envisaged or taken to identify and remove children from sexual slavery. The Committee therefore once again urges the Government to take effective and time-bound measures to remove children under 18 years of age from sexual slavery and ensure their rehabilitation and social integration. It once again requests the Government to provide information on specific measures taken in this regard as well as the number of children removed from sexual slavery and rehabilitated.

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

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Sale and trafficking of children and penalties. In its previous comments, the Committee noted that the Anti-Trafficking Act No. 28 of 2012 provides for stringent penalties including life imprisonment and a fine for the offences related to the trafficking of children (section 6). The Committee noted that in the 2016 Global Report on Trafficking in Persons, the UN Office on Drugs and Crimes (UNODC) has highlighted the practice of trafficking in persons and enslavement of women and children of the Yezidi ethno-religious group by the Islamic State in Iraq and Levant (ISIS) (page 65). The Committee urged the Government to take the necessary measures to prevent the sale and trafficking of children under 18 years of age for forced labour and sexual exploitation and to report on them.

The Committee notes an absence of information in the Government’s report on this point. The Committee notes that according to the Iraqi observatory for human trafficking victims (founded in October 2018), children below the age of 16, represent two thirds of the victims, who are being used for financial gains, or being forced to work by their families, and by traffickers. While acknowledging the difficult situation prevailing in the country, the Committee once again urges the Government to take the necessary measures to prevent and combat the sale and trafficking of children under 18 years of age for forced labour and sexual exploitation. The Committee also requests the Government to provide information on the measures taken to ensure that thorough investigations and prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with section 6 of the Anti-Trafficking Law. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 5. Monitoring mechanisms. 1. Trafficking. The Committee notes an absence of information on this point. The Committee requests once again the Government to indicate whether the inter-ministerial committee to combat the trafficking of children has become operational and if so, to provide information on the activities carried out by it and the results achieved.

2. Labour inspectorate. The Committee notes the Government’s indication that in June 2019, the labour inspection service launched a broad campaign in Baghdad and the governorates that included industrial areas and areas where the worst forms of child labour occur; 144 young people and children were recorded as working in both formal and informal employment in Baghdad and the governorates. During 2017 and 2018, the Ministry provided services to children and young people working in industrial enterprises in the formal economy and street children (the informal economy) and their relatives by providing them with loans on easy terms and social protection network, as a measure to eliminate child labour on the basis of the observations made by the inspection committees in the Department of Labour, the labour inspection service and the Child Labour Division.

The Committee requests the Government to continue to provide information on the number of inspections conducted and on the findings with regard to the extent and nature of violations detected concerning children involved in hazardous work. The Committee also requests the Government to indicate the measures taken to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking of children. The Committee previously noted the Government’s indication that a state-run shelter named “Bayt Al Aman” was established in Bagdad to provide support to trafficked victims, including children.

The Committee notes an absence of information on this point. The Committee requests the Government to take effective and time-bound measures to identify and protect child victims of trafficking and to provide information on the number of child victims of trafficking who have been rehabilitated and reintegrated by the state-run shelter.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children, orphans and street children. The Committee notes the Government’s indication that regarding street children, the Department of Labour, the Labour Inspection Service and the Child Labour Division in cooperation with the Ministry of Education has prepared a complete programme on this issue targeting the schools with the highest dropout rates in Baghdad to raise the awareness of children, their relatives and the education authority of the dangers of children leaving school and finding themselves in an unsuitable environment where they are at risk of economic or sexual exploitation. The Committee requests the Government to continue to take effective and time-bound measures to protect internally displaced children, orphans and street children as a result of the armed conflict against the worst forms of child labour. It requests the Government to provide information on the results achieved by the Child Labour Division, indicating the number of children who have benefited from these measures.

Comments adopted by the CEACR: Iraq

Adopted by the CEACR in 2021

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C092 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Repatriation of Seamen Convention, 1926 (No. 23)

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C135 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C172 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C187 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C022 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C023 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C027 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wage

Protection of wages

C107 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C146 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C147 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Iraq

Display the list by:

Adopted by the CEACR in 2021

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C092 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Repatriation of Seamen Convention, 1926 (No. 23)

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C135 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C172 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C187 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C022 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C023 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C027 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wage

Protection of wages

C107 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C146 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C147 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)