Iraq

"Article 2. The right of workers to join organizations of their own choosing. Trade union monopoly. In its previous comment the Committee had noted the joint observations of eight affiliates of the Conference of Iraq Federations and Workers Unions (CCIFWU), denouncing the continued application of Law No. 52 of 1987 on Trade Unions, which is not in conformity with the Convention, and the practice of the Ministry of Labour and Social Affairs to intervene in trade union affairs and show bias in favour of the General Federation of Iraqi Workers (GFIW) as the official representative union in tripartite bodies, thereby marginalizing and excluding the other federations from social dialogue. The Committee had requested the Government to repeal any legislative imposition of trade union monopoly and had encouraged it to continue to engage with all representative trade union federations. The Committee notes the Government’s indication that the new law on trade unions will contain a provision repealing the 1987 Law; and that the Ministry treats all trade union federations equally and without discrimination. The Committee recalls that the right of workers to establish organizations of their own choosing, as set out in Article 2 of the Convention, implies that trade union diversity must remain possible in all cases. The Committee considers that it is important for workers to be able to change trade unions or to establish a new union at their own discretion. Consequently, trade union unity imposed directly or indirectly by law is contrary to the Convention. Noting the Government’s indications concerning the integration of the Convention into the Iraqi legal order and welcoming the engagement of the Government with the road map proposed by the Direct Contacts Mission, the Committee firmly expects that pending legislative reform, the Government will ensure that all trade unions, federations, and confederations will be able to freely conduct their activities and defend the interests of their members. "

"Scope of the Convention. Public servants not engaged in the administration of the State. The Committee previously requested the Government to ensure that the rights in the Convention were applicable to all public servants not engaged in the administration of the State. It notes that section 3 of the Labour Code stipulates that its provisions do not apply to “public officials appointed in accordance with the Civil Service Law or a special legal text” and “members of the armed forces, the police and the internal security forces”. The Committee recalls that the Convention covers all workers and employers, and their respective organizations, in both the private and the public sectors, regardless of whether the service is essential, and that the only exceptions authorized concern the armed forces and the police, as well as public servants engaged in the administration of the State. It further recalls that a distinction must therefore be drawn between, on the one hand, public servants who by their functions are directly employed in the administration of the State (for example, in some countries, civil servants in government ministries and other comparable bodies, and ancillary staff), who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention. This second category of public employees includes, for instance, employees in public enterprises, municipal employees and those in decentralized entities, public sector teachers, as well as air transport personnel, whether or not they are considered in national law as belonging to the category of public servants (see 2012 General Survey on the fundamental Conventions, paragraphs 168 and 172). The Committee requests the Government to indicate in what manner it ensures that effect is given to the Convention with respect to public officials not engaged in the administration of the State who are excluded from the application of the Labour Code."