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Night Work (Women) Convention (Revised), 1948 (No. 89) - Iraq (Ratification: 1967)

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Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. General prohibition of night work for women. Further to its previous comment, the Committee notes the Government’s indication that the issue of restrictions concerning the employment of women during the night will be submitted to the House of Representatives, with the aim to carry necessary amendments to the new draft Labour Code, based on the Committee’s comments. The Committee further notes the Government’s indication that a possible ratification of the Night Work Convention, 1990 (No. 171), is difficult at the present time since Iraq is undergoing an economic, legislative and social transitional phase aimed at putting its legislation in accordance with its economic policies. In this connection, the Committee understands that on 4 January 2014, new discussions have been initiated before the Parliament in order to adopt the new Labour Code and that they are still pending. It also understands that night work for women is still prohibited under section 78 of the draft Labour Code, unless the night work is necessary, or as a result of force majeure, for preserving raw material or perishable products. The Committee requests the Government to review in a timely manner all legislative restrictions concerning the employment of women during the night to give full effect to the provisions of the Convention and to provide information on any progress in the process of adoption of the new Labour Code.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. General prohibition of night work for women. The Committee notes that section 80 of the new draft Labour Code, which reproduces textually section 83 of the current Labour Code, provides for a general prohibition of women’s night work and a compulsory rest of 11 consecutive hours, including seven night hours falling between 9 p.m. and 6 a.m., giving therefore full effect to the basic requirement of the Convention. The Committee has been drawing the Government’s attention, however, to the fact that in light of the overriding principle of gender equality and equal treatment between men and women, it would be necessary to consider lifting all restrictions on women’s night work and adopting legislation regulating the harmful effects of night work for men and women alike. As the Committee has pointed out in paragraph 161 of its 2001 General Survey on night work of women in industry, achieving effective equality of rights for both sexes requires “a critical re-examination of provisions which are assumed to be ‘protective’ towards women, but which in fact have the effect of hindering the achievement of effective equality by perpetuating or consolidating their disadvantaged employment situation”. The Committee further recalls that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (to which Iraq has been a party since August 1986). The Committee once again requests the Government to review in a timely manner all legislative restrictions concerning the employment of women during the night with due regard to the relevant provisions of the Night Work Convention, 1990 (No. 171), and to keep the Office informed of any decision envisaged or taken with respect to the eventual ratification of that instrument.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. General prohibition of night work for women. The Committee recalls its previous comment in which it drew the Government’s attention to the need to progressively eliminate any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and accordingly consider the ratification of the Night Work Convention, 1990 (No. 171), which seeks to improve the quality of working life of all night workers, both men and women, in all branches and occupations. In its last report, the Government indicates that the draft new Labour Code is now before the parliament for examination and adoption without specifying, however, whether the points previously raised by the Committee in relation to the existing Labour Code of 1987 have been duly taken into account in finalizing the new legislative text. Under the circumstances, the Committee once again invites the Government to review gender-specific prohibitions or restrictions to night work and to modernize its legislation, in consultation with the social partners, and in particular with women workers, so as to ensure that the same standards of protection apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the widely ratified UN Convention on the Elimination of All Forms of Discrimination against Women. The Committee accordingly requests the Government to keep the Office informed of any progress in the process of adoption of the new Labour Code and the possible ratification of Convention No. 171, and recalls that the Government may, if it so wishes, draw on the technical assistance of the Office on these matters.

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

Articles 2 and 3 of the Convention. Compulsory night rest for women. The Committee notes that the current Labour Code (Act No. 71 of 27 July 1987) continues to give effect to the basic requirement of the Convention with the exception of section 83(3)(a) which exempts from the general prohibition of night work women engaged in administrative work hence exceeding the exemption possibilities set out in Article 8 of the Convention. The Committee also notes that section 78 of the new draft Labour Code, which is now being examined by the State Consultative Council, essentially reproduces the provisions of the existing Labour Code.

In this connection, the Committee wishes to draw the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the elimination of any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and also the widely ratified UN Convention on the Elimination of All Forms of Discrimination Against Women (to which, parenthetically, Iraq acceded in 1986).

Accordingly, the Committee invites the Government to give favourable consideration to the possibility of ratifying the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee trusts that the Government will duly take into account the above observations in finalizing the new draft Labour Code and requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the information provided by the Government in its report.

The Committee notes that by virtue of section 83(3)(a) of Act No. 71 of 27 July 1987 promulgating the Labour Code, the general prohibition of night work for women does not apply to women workers engaged in administrative work. The Committee requests the Government to indicate whether such exemption would also cover women engaged in administrative work in industrial undertakings. The Committee recalls, in this connection, that under Article 3 of the Convention, women may not be employed during the night in any public or private industrial undertaking irrespective of the specific type of work, service or activity performed within such undertaking, and that therefore the only possible exemptions are those limited to the forms of employment set out in Article 8 of the Convention.

The Committee hopes that the Government will take the measures to ensure that national legislation is brought into conformity with the abovementioned provisions of the Convention.

The Committee takes this opportunity to invite the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171) or the Protocol of 1990 to Convention No. 89.