Observación (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Iraq (Ratificación : 1959)

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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.