Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the information supplied by the Government in its report.

Article 1(a) of the Convention

In its previous comments, the Committee referred to a number of legislative provisions in connection with Article 1(a) of the Convention. The Committee notes that some of these provisions have been repealed, but have been replaced by other texts which are either identical or similar. The Committee notes the Government's statement that sections 31 of the Act of 1959, F6 and M13 of the Act of 1924; sections 4, 5 and 8 of the Act of 1959 and sections 1 and 2 of Act No. 38 of 1963, were repealed but with the promulgation of the Penal Code. However, articles 4, 5 and 8 of the Act of 1959 respecting public meetings and demonstrations have, in fact, been replaced by sections 220, 221 and 222 of the Penal Code, and sections 1 and 2 of Act No. 38 of 1963 have been replaced by section 200 of the Penal Code.

With regard to sections 1 to 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.), the Committee notes that the Government's report provides no new information.

With regard to Act No. 1 of 1960 respecting societies, the Committee noted section 43, in conjunction with section 23 (suspension of societies' activity for 30 days), and section 26(b) (dissolution of societies whose aims are contrary to the Republican regime or the requirements of the regime, etc.). The Committee notes that, according to the Government, Act No. 31 of 1978 abolishes the sanctions previously laid down in sections 31 and 32 of Act No. 1 of 1960. The Committee points out that the penalty of imprisonment (involving compulsory labour) provided for in section 43 of Act No. 1 of 1960 remains applicable and that sections 23 and 26.2 remain unchanged.

The Committee again asks the Government to provide information on the practical application of these provisions, including any relevant judicial decisions.

Further to its previous comments, the Committee notes that the Press Law (No. 206 of 1968) repeals Act No. 53 of 1964. It notes that Law No. 206, in section 16, lays down the penalty of imprisonment (involving compulsory labour) for publication in the press of prohibited matter (e.g. matter which is injurious to the authorities, the propagation of certain ideas).

Furthermore, the Committee notes that the report of 18 February 1992 of the Special Rapporteur of the United Nations Commission on Human Rights (Document E/CN4/1992/31) refers to restrictions imposed by the legislation on the freedom of expression. In particular, in the event of insults against the authorities, severe penalties are prescribed under Decision No. 840 of 4 November 1986 amending section 225 of the Penal Code.

The Committee points out that, to the extent that the above-mentioned provisions allow the imposition of penalties involving compulsory labour for expressing political views or views which are ideologically opposed to the established political, social or economic order, they are covered by the Convention. The Committee asks the Government to provide information on the practical application of these provisions and to communicate any decisions handed down on the subject, particularly any judgements defining or illustrating their exact scope, and on any measures taken or envisaged in this respect to ensure observance of the Convention.

The Committee noted previously that section 197(1) of the Penal Code provides for a penalty of imprisonment for life to be imposed on anyone who voluntarily destroys, deteriorates or damages public property or a socialist sector enterprise, with the aim of overthrowing the Socialist Republic regime, and this provision applies not only to officials or persons in charge of public services but likewise to any person who commits one of these acts. The Committee again requests the Government to supply indications enabling it to ascertain whether the scope of the provision in question is limited to damages caused by violence or misappropriation of public funds or whether it also applies to strikes; in the latter case, the Committee asks the Government to indicate the measures taken or envisaged to ensure observance of the Convention.

Referring to its previous comments on Convention No. 105 and also to its comments under Convention No. 29, the Committee asks the Government to take all necessary measures to bring law and practice into conformity with provisions of the Convention.

In its previous direct request, the Committee asked the Government to provide information on the practical application of the following provisions, and on any measures 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 205 (setting up, managing or performing a leading part in a secret association as defined in that section);

(f) section 206 (setting up, founding, managing, directing or joining an organisation of an international character without permission from the responsible authorities);

(g) 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);

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

(i) 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);

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

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

(l) 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 public security or impair the prestige or standing of the country, with a view to giving a false or distorted impression of events);

(m) 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);

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

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

(p) 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);

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

For some of these provisions, the Committee expressly asked for detailed information on the laws, judicial decisions, regulations and orders governing this matter (sections 205, 206, 221).

The Committee notes that, in its report, the Government refers in general terms to the provisions of the Penal Code mentioned above. The Government states that the provisions of the Penal Code and other laws were promulgated in order to preserve the country's integrity and independence. According to the Government, most of the sections referred to concern the protection of national security and have nothing to do with the Convention.

The Committee recalls that the Convention prohibits the use of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee again asks the Government to provide the information requested. The Committee refers to its observation under this Convention, and requests the Government to provide information on the current review of the legislation and to supply copies of any texts repealing or amending the above-mentioned provisions.