Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 2(1) of the Convention. Scope of application. Self-employment. The Committee had previously noted that, according to section 8 of the Labour Code of 1987, the provisions of the Labour Code, including those concerning young persons, do not apply to work done by young persons outside an employment relationship or on their own account. It had also noted the Government’s indication that a draft amendment of the Labour Code (draft Labour Code) was being examined by the Shoura Council for adoption. The Committee had further noted that, according to section 2 of the draft Labour Code, the provisions of the Code are applicable to workers working in the private, mixed or cooperative sector and a worker is defined as a person who works under the direction of an employer in return for wages. The Committee had requested the Government to indicate the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. The Committee notes the Government’s statement that the new Bill on Social Security has adopted the principle of optional coverage by social insurance of all work, whether done in the family or in any other work. It also notes that, according to section 90.1 of the Coalition Provisional Authority Order No. 89 of 2004 (Amendments to Chapter II, Part VI, of the Labour Code of 1987), the minimum age for admission to any kind of employment or work within the territory of Iraq shall be 15 years. The Committee requests the Government to clarify whether section 90.1 of Order No. 89 of 2004 also applies to children who perform work outside an employment relationship, such as self-employed children.

Article 2(3). Age of completion of compulsory schooling. The Committee had previously noted the Government’s reference to Act No. 118 of 1976 respecting compulsory education which lasts for a period of six years and begins at the age of 7 years. Observing that the compulsory education is completed at the age of 13 years, the Committee had requested the Government to indicate the measures taken or envisaged to provide free and compulsory education to all children up to the minimum age for employment which is 15 years, as a means to combat and prevent child labour. The Committee notes with interest the Government’s indication that the new Bill on Compulsory Education provides for free and compulsory education to all children who have completed six years. It also notes the Government’s indication that the Bill obliges the parents to enrol their children at schools and ensure their attendance at school until the completion of primary schooling or until the age of 15 years. The Committee expresses the firm hope that the new Bill on Compulsory Education will be adopted in the near future. It also requests the Government to provide a copy once it has been adopted.

Article 7. Light work. The Committee had previously noted the Government’s information that the national legislation does not provide for any exceptions authorized by this Article. The Committee notes, however, that, according to a report entitled “2008 Findings on the Worst Forms of Child Labour – Iraq”, available at the website of the United Nations High Commissioner for Refugees (www.unhcr.org), 12.4 per cent of children between the ages of 5 and 14 are working in Iraq. The Committee once again reminds the Government that, by virtue of Article 7(1) of the Convention, the national legislation may permit the employment of children of 13–15 years in light work, on condition that it is not likely to be harmful to their health or development or prejudice their attendance at school and their participation in vocational orientation or training programmes. Furthermore, under the terms of Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. Considering the number of children under 15 years of age who are engaged in work in the country, the Committee requests the Government to take the necessary measures to regulate employment by persons of 13–15 years of age in light work, determine the activities in which light work may be authorized, and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that there has been a decrease in the employment of children under the age of 18 years in the country. It also notes the Government’s indication that the Ministry of Interior and the Ministry of Labour and Social Affairs carry out monitoring of the labour legislation through inspections. The Government further states that the state institutions and departments, the public sector and trade unions collaborate with each other in achieving universal compulsory education. The Ministry of Education collaborates with the Ministry of Labour and Social Affairs so as to ensure the application of the provisions prohibiting the employment of children under 15 years of age, and to subject the persons violating these provisions to penalties as specified under the Labour Code. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.