Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. With reference to its earlier comments, the Committee notes that, since 1992, it has drawn the Government’s attention to its obligation under Article 2 of the Convention, noting that the Government’s previous reports merely cite the provisions of the Iraqi Constitution and national legislation that express the guarantee of equality in employment for all citizens without discrimination on specified grounds in accordance with the Convention. The Committee has pointed out over the years that, under Article 2, the Government "undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof". As the Committee noted in its 1988 General Survey on equality in employment and occupation, affirmation of the principle of equality before the law may be an element of such a national policy, but it cannot in itself constitute a policy within the meaning of Article 2. Such a policy must: (1) be clearly stated, which implies the establishment of programmes set up for the purpose of promoting the policy; and (2) be applied, which implies the Government’s implementation of appropriate measures pursuant to Article 3 of the Convention (see General Survey, paragraphs 158 and 159). The Committee notes that the Government’s report once again contains no concrete information in response to its earlier comments relating to the application of Article 2. It is therefore compelled once again to request the Government to specify the measures taken to implement the legislation.

2. In its previous comments, the Committee had requested information on the application of Article 2 in regard to Iraqi citizens belonging to the country’s ethnic, religious and linguistic minorities, particularly the Kurdish and Turkoman minorities. It recalls that, in 1993, the Conference Committee on the Application of Standards had expressed deep concern over the situation of these minorities, asking the Government to provide information on their practical situation and on the manner in which these minorities are guaranteed equality of opportunity and treatment. The Committee regrets that, since that time, the Government has not sent sufficiently specific information permitting the Committee to form an opinion in this regard. The Committee also notes the concluding observations of the Human Rights Committee (61st Session, November 1997), which expressed concern regarding the situation of members of religious and ethnic minorities, particularly the Shi’ite people in the southern marshes and the Kurds (CCPR/C/79/Add.84, page 5, paragraph 20). Further, it notes that the United Nations Commission on Human Rights (54th Session, April 1998) calls on Iraq to cease immediately repressive practices aimed at Iraqi Kurds, Assyrians, Shi’a, Turkmen, the population of the southern marsh areas, and other ethnic and religious groups (E/CN.4/1998/L.85, pages 3-4, paragraph 3(h)).

3. The Committee notes once again that, in its most recent report, the Government cites the Kurdistan Self-Rule Act No. 33 of 1974 in the context of national legislative texts expressing the principle of equality for all citizens without providing information on the manner in which these provisions are applied in practice. The Self-Rule Act only refers to workers’ protection in relation to the Assembly’s power to designate self-rule administration officers, stipulating that these should be Kurds or members of the other minorities (section 115). The Committee therefore reiterates its request that the Government provide concrete and specific information on any policies, programmes or measures taken to ensure the application of the principle of non-discrimination to the Kurdish and Turkoman peoples as well as to the Shi’a and Assyrian minorities. It further requests information on the position of minorities in the labour market, their access to employment and occupations, job security and terms and conditions of work.

4. The Committee notes the Government’s statement, in response to its earlier comments, that Decision No. 76 of 1993, suspending the application of Resolution No. 480 of 1989, remains in force. The Committee nevertheless recalls that Decision No. 76 expressly provides that Resolution No. 480 is suspended pending the promulgation of a subsequent resolution which will either repeal or reinstate Resolution No. 480. Accordingly, the Committee requests the Government to keep it informed with regard to any action taken concerning this resolution, which prohibits women in the state administration and in the socialist and mixed sectors from working in certain occupations.

5. The Committee once again requests the Government to supply statistics reflecting the number of women occupying posts of responsibility in the public sector in proportion to men, and their classifications. It also reiterates its request that the Government indicate whether it has implemented or contemplates implementing programmes designed to promote the employment of women, including employment in non-traditional occupations, and to provide information on the progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.