Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

Referring also to its observation under the Convention, the Committee notes that the Government's report received on 14 September 1990 merely states that there has been no change concerning the application of the Convention. In these circumstances, the Committee is bound to repeat its previous direct request on the following points:

1. In its previous direct request, the Committee referred to section 52 of Act No. 104 of 1981 on the State Organisation for Social Reform which repealed sections 45 and 55 of Act No. 151 of 1969 on the prison administration under which political prisoners were exempted from prison labour and requested the Government to indicate whether political prisoners are exempted from prison labour under the 1981 Act. The Committee noted the Government's indication in its report dated 15 October 1987 that Act No. 104 of 1981 does not provide for any distinction among the prisoners.

The Committee recalled its direct request of 1973 in which it reserved further comments on the substantive provisions of the Penal Code and other legislation referred to earlier under Article 1(a) of the Convention. That reservation was made in light of the exemption from forced or compulsory labour made for political prisoners. In view of the repeal of sections 45 and 55 of Act No. 151 of 1969, the Committee referred to the following legislative provisions previously considered:

(a) section 31 of the Baghdad Penal Code Amendment Law, 1959 (spreading information calculated to weaken the Government, to disturb public order, to insult the military forces or to strengthen foreign influence);

(b) section F6 of the Baghdad Penal Code Amendment Law, 1924 (publication of false information calculated to disturb the public peace, weaken the Government, or strengthen foreign influence);

(c) section M13 of the Baghdad Penal Code Amendment Law, 1924 (publications seeking to bring the Government or army into contempt);

(d) sections 4, 5 and 8 of the Public Concourses and Demonstrations Law, 1959 (demonstrations jeopardising public security or unfriendly to the democratic regime of the Republic);

(e) sections 1 and 2 of Act No. 38 of 1963 to supplement the Baghdad Penal Code (disseminating or expressing approval of certain doctrines, e.g. doctrines assailing Arab nationalism or aiming at a change in the system of government, or membership in associations whose aim is to disseminate or approve such doctrines);

(f) sections 1-4 of Act No. 7 of 1958 concerning punishment of those who plot against the security of the State (directing the country's policy against the national interest, issuing laws for the benefit of a certain number of persons against the common welfare, influencing morale by circulating alarming rumours, etc.);

(g) section 43 of the Societies Laws, No. 1 of 1960, read together with its section 23 (suspension of societies' activity for 30 days) and its section 26(2) (dissolution of societies whose aims are contrary to the Republican regime or the requirements of the regime, etc.); and

(h) section 23(1) of the Press Law, No. 53 of 1964 (publishing any matter which injures the Republic or spreads the ideology of imperialism, etc.).

The Committee again requests the Government to indicate whether the above-mentioned provisions are still in force and, if so, to supply copies of these provisions as presently in force and any information which may be available on their practical application (including any court decisions defining or illustrating their precise scope), as well as information on any measures taken or proposed to be taken with regard to these provisions to ensure the observance of the Convention. In so far as any of the above provisions have been amended or repealed, the Committee requests the Government to supply copies of the amending legislations.

2. With respect to the following provisions of the Penal Code, the Committee again requests the Government to supply any information on their practical application, including any court decisions defining or illustrating their precise scope, as well as information on any measures taken or envisaged with regard to these provisions to ensure observance of the Convention:

(a) section 157(i) (joining association hostile to Iraqi Republic, even though such a body may not consist of belligerents);

(b) section 200 (arguing the overthrow of the existing system of government in Iraq, or exposing it to hatred or ridicule, or giving encouragement to anything which might stir up sectoral or religious strife);

(c) section 201 (making of propaganda for Zionism or adhering to any Zionist organisation or assisting it morally or materially, or working in any capacity to obtain its ends);

(d) section 202 (treating with contempt in public the Iraqi nation or people or any group of inhabitants of Iraq);

(e) section 208 (concerning acquisition or possession of certain written matter or records or means of printing or recording same, containing incitement to or propaganda for any of the things mentioned in sections 200 (promoting political change or overthrow of Government through use of violence, terrorism or other illegal means), 201 (promoting Zionism) and 202 (treating Iraq, its people, or any group of its inhabitants with contempt or contumely), of the Penal Code);

(f) section 210 (deliberately broadcasting false or misleading news, statements or rumours likely to cause alarm or despondency, disturb the peace, or damage national interest);

(g) section 211 (availing oneself of any means of publicity to publish false news or forged or fraudulent documents or news or documents falsely ascribed to other persons, if the aim is to disturb the peace or damage national interest);

(h) section 213 (using any means of publicity to preach disobedience to the law or desirability of an act deemed to be an offence);

(i) section 214 (raising a cry or singing a song likely to cause civil strife);

(j) section 215 (possessing or procuring or issuing or holding with a view to trading or distributing or offering pictures, drawings or written material likely to disturb the peace of the realm or impair the prestige or standing of the country, with a view to giving a false or distorted impression of events);

(k) section 227 (using means of publicity to belittle a foreign State or international organisation with offices in Iraq);

(l) section 222(i) and (iii) (convening or participating in a gathering to influence the authorities in their duties, inter alia);

(m) section 225 (using means of publicity to belittle the President of the Republic or person replacing him);

(n) section 226 (using means of publicity to belittle Parliament, the Government, the courts, the armed forces, or any other constituted body or the authorities or government departments and agencies).

3. The Committee also again requests the Government to provide particular information about the practical application of the following provisions of the Penal Code:

(a) With respect to section 205 (relating to setting up, managing or performing a leading part in a secret association as defined therein), the Committee asks the Government to provide information, including relevant laws, court decisions, and/or regulations governing the lawful foundation and operation of associations particularly with respect to any approval required of the Government and any basis for government refusal to permit foundation or operation of such associations.

(b) With respect to section 221 (convening, controlling the movements of, or taking part in a gathering in a public place, knowing that such gathering had been forbidden by the authorities), the Committee asks the Government to provide information, including relevant laws, court decisions, regulations and/or orders, indicating those gatherings which are or have been forbidden by the authorities and the reasons for forbidding these gatherings, and the manner in which the Government has communicated to the public the fact that these gatherings are forbidden.

(c) With respect to section 206 (setting up, founding, managing, directing, or joining an organisation of an international character without permission from the responsible authorities), the Committee asks that the Government provide information, including relevant laws, court decisions, regulations and/or orders governing the manner in which permission is to be sought and granted for setting up, founding, managing, directing or joining an organisation of an international character; those persons and respective organisations which have not been granted such permission and the reasons for those denials; and any laws, court decisions, regulations and/or orders defining the meaning of "international character" in section 206.