Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Iraq (Ratification: 1959)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(a), (c) and (d) of the Convention. Penal sanctions involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline and for participation in strikes. Over a number of years, the Committee has been drawing the Government’s attention to the impact on the application of the Convention of the provisions of the national legislation (the Penal Code, the Law respecting the press, the Law respecting societies and other texts), which restrict the exercise of certain civil rights and public freedoms and under which violations may be punished by sentences of imprisonment, which involve an obligation to work (sections 87 and 88 of the Penal Code).

The Committee referred in particular to the following legislative provisions:

-section 43 of Act No. 1 of 1960 respecting societies, in conjunction with section 23 (suspension of the activities of societies for 30 days), and section 26(b) (dissolution of societies, the aims of which are contrary to the Republican regime or the requirements of the regime, etc.);
-section 16 of Law No. 206, which provides for a penalty of imprisonment for the publication in the press of prohibited material, such as those which are harmful to the authorities and which propagate certain ideas;
-the restrictions imposed by the legislation on freedom of expression, and particularly section 225 of the Penal Code, as amended by Decision No. 840 of 4 November 1986, under which insults against the authorities are punishable with sentences of imprisonment; and
-sections 1 to 4 of Law No. 7 of 1958 concerning the 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 also requested the Government to provide information on the application in practice of certain provisions of the Penal Code under the terms of which sentences of imprisonment (involving compulsory labour) may be imposed for the following activities:

-section 201 (making propaganda for Zionism or adhering to any Zionist organization or assisting it morally or materially, or working in any capacity to achieve its objectives);
-section 202 (treating with contempt in public the Iraqi nation or people or any group of inhabitants of Iraq);
-section 210 (deliberately broadcasting false or misleading news, statements or rumours likely to cause alarm or despondency, disturb the peace or damage the national interest);
-section 215 (possessing, procuring, issuing or holding with a view to trading, distributing or offering images, drawings or written materials 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);
-section 221 (convening, controlling the movements of or taking part in a gathering in a public place in the knowledge that such a gathering has been forbidden by the authorities); and
-sections 197(4) and 364 (paralysing the public service, stopping and disturbing public services).

The Committee notes the Government’s indication in its report that forced labour is prohibited under section 6 of the Labour Code No. 37 of 2015, and that the Constitution provides the guarantees for the peaceful exercise of the public freedoms. The Committee draws the Government’s attention to the fact that Article 1(a) of the Convention prohibits the use of 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 also recalls that the abovementioned provisions of the legislation impose a sentence of imprisonment, involving an obligation to work in prison pursuant to sections 87 and 88 of the Penal Code, and are therefore not in conformity with the Convention. In this regard, the Committee refers to its 2012 General Survey on the fundamental Conventions, paragraph 302, and underlines that the range of activities which must be protected from punishment involving compulsory labour under this provision comprise the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. In light of the above considerations, the Committee hopes that the Government will take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee also requests the Government to provide information of the application in practice of the abovementioned provisions of the Penal Code, the Law respecting the press, the Law respecting societies, including copies of relevant court decisions.