Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

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

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

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

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