Iraq - 2012
Capital: Baghdad

29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
In June 2009, US troops began to withdraw, handing over security to Iraqi forces. By the end of 2011, all US troops had left Iraq. In December, an arrest warrant was issued for the Sunni Vice-President Al-Hashemi who was accused of involvement in assassinations and fled to the Kurdish part of Iraq. Violence has continued to steadily reduce but attacks and suicide bombs continue killing civilians, government workers, service workers and journalists.
In February, in an attempt to defuse calls for reform the Iraqi Prime Minister Nouri al-Maliki announced that he will not run for a third term in 2014. Al-Maliki, a Shiite, narrowly held onto a second four-year term. The announcement made little difference to demonstrations and the authorities’ response to the protests became increasingly violent.
Political protests: Protests erupted in several Iraqi cities such as Baghdad, Karbala, Kut, Ramadi and Amara throughout 2011. Major protests were held in Tahrir square in Baghdad on 25 February - a “Day of Rage” - in protest at corruption and the lack of basic public services. The Iraqi Teachers Union, the Gas and Oil unions and others participated in this and smaller demonstrations throughout Iraq. State security forces in several provinces used excessive force trying to disperse protestors and police allowed assailants to beat and stab peaceful protesters. Security forces killed at least 12 protesters and injured more than 100. On 8 March, lawyers filed criminal and civil actions against the Interior Ministry’s anti-riot unit for allegedly attacking five reporters covering a demonstration in Basra on 4 March. Three young reporters were arrested on 7 March while covering a demonstration in Tahrir Square. In April, during several different protests, demonstrators and journalists were opened fire on and beaten. In April, as tents were erected and torn down in various cities in Iraq, the authorities issued new regulations barring street protests.
Labour Day on 1 May also saw major demonstrations against corruption, better labour laws, and equal laws for women workers and increased democracy.
On 10 June, following the end of a 100-day cooling-off period requested by Prime Minister Nouri al-Maliki, students and activists attempted to demonstrate in Tahir Square but were met by several thousand pro-government supporters armed with wooden batons. Many protestors were injured and members of the Organisation of Women’s Freedom in Iraq were also beaten and sexually assaulted. In Kurdistan, the authorities response was similarly violent and perhaps more so.
Throughout the year reports emerged of authorities targeting protest organisers, activists, and journalists, detaining, beating and interrogating organisers in attempts to halt the ongoing series of protests throughout the country.
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Baghdad

reported violations- 2012
Trade union rights in law
The current labour laws governing trade union rights are in dire need of reform. A draft Labour Code was made public in 2007, and although it would recognise trade unions, it contains many areas of concern. It would prohibit companies in the oil sector from cooperating with unions, would not adequately protect workers against anti-union discrimination
anti-union discrimination
Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
, and would establish too high thresholds for union recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
.
Until the Labour Code is adopted, labour laws dating back to the era of Saddam Hussein remain in force. Resolution 150 of 1987 prohibits public sector workers from organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
, and also bars all public sector workers from going on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Furthermore, a Ministerial order issued on 20 July 2010 prohibits all trade union activities at the Ministry of Electricity and its departments and sites. Decree 8750, which was introduced by the new regime in August 2005, also severely limits trade union activities by prohibiting unions from holding funds, collecting dues and maintaining assets. The draft Labour Code would allow for collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
.
In April 2010 a decision was taken by the Higher Ministerial Committee to prohibit all travel of trade union delegations participating in any international meetings or conferences unless approved by the Committee.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is recognized by law but strictly regulated.
The draft Labour Code was made public in 2007. Although it would recognise all trade unions – with some exceptions – there are shortcomings in the code that the ILO has asked to be rectified. The ILO has pointed out the need to remove the prohibition against companies in the oil sector to cooperate with trade unions; to give stronger protection against anti-union discrimination; to remove the stipulation that at least 50% of workers at a single workplace must agree to a union representing them before it can become legal; and to clarify whether the Labour Code will include Resolution 150 of 1987, which prohibits public sector workers from organising and going on strike. Until a new Labour Code is adopted, the employment laws dating back to the era of Saddam Hussein remain in force.
Anti-Union discrimination:
- >The law does not specifically protect workers from anti-union discrimination.
The draft Labour Code would offer some protection against discrimination against trade unionists.
Restrictions
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- Act No. 52 of 1987 established a de facto monopoly of the Confederation of Iraqi Workers’ Unions by prohibiting the establishment of other unions or federations.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- Decree 8750, introduced by the new regime in August 2005, severely limits trade unionism by prohibiting unions from holding funds, collecting dues and maintaining assets.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Other civil servants and public employees
- Act 150, adopted in 1987, banned all public sector workers from organising, and also changed the status of employees in state-owned enterprises to civil servants, thus depriving them of the right to organise.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is not protected in law.
Act No. 52 of 1987 on trade union organisations does not contain any provisions to promote collective bargaining. However, the draft Labour Code would repeal this Act and allow for collective bargaining.
Right to strike
Principles
Right to strike:
- >The right to strike is not specifically protected in law, but neither is it explicitly prohibited except for workers in essential services.
Restrictions
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- Act 150, adopted in 1987, bans all public sector workers from going on strike.
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Baghdad

reported violations - 2012
In practice
See Guide to the ITUC international trade union rights framework , as organisations such as the Federation of Workers’ Councils and Unions in Iraq (FWCUI) have been refused recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. .
In the run up to the national protests on 25 February, trade unions in Iraq conducted strikes and protests to demand a new labour law that gives public-sector trade unions full and universal rights. On 4 January, public employees and civil servants held a protest to uphold labour rights for the hundreds of workers who have been sacked from ministries and agencies in industry, commerce, agriculture, irrigation, and other government departments because of political allegiances.
Oil workers, teachers and textile workers all went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
during the year over wages, discrimination of Kurdish workers and contract labour. On 29 March, workers at the ministry of industry supported by the national trade union federation (GFIW) organised a day of protest. Protestors demanded the abolishment of longstanding repressive labour legislation and the adoption of new labour laws in addition to reinstating workers dismissed for their political views.
Since the fall of Saddam Hussein, governments have failed to put in place a legal and regulatory framework for overseeing trade union activities and continues to use repressive Saddam era regulations which effectively ban independent trade unions.
In 2010, the Iraqi president, Jalal Talabani, had hinted that Article 150, a law dating back to the 1980s banning public sector workers from joining a union, would be repealed once the country’s electoral stalemate had been resolved. But the new government has instead placed further restrictions on union membership.
On 17 April, the Iraqi Cabinet issued two decrees withdrawing its recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
of the General Federation of Iraqi Workers (GFIW) and its member trade unions, and instead appointed an unelected “Ministerial Preparatory Committee (MPC)” to take over all union structures and assets and oversee the upcoming trade union elections. These elections exclude public sector workers. The authorities also issued a ruling stating they would select the workers candidate to the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
Conference in June in contradiction with the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
constitution which requires member states to select a worker delegate in consultation with unions. After international pressure the Minister of Labour backed down on this plan.
Some 40% of the contracted labour in Iraq is service personnel, mainly from South Asia and Africa. In June, a media report was issued detailing the poor labour conditions of the over 70,000 “third-country nationals” working for the American military in war zones, employed by the Army and Air Force Exchange Service (AAFES). Many had arrived under false promises and the majority lacked work permits. Many reported being robbed of wages, injured without compensation, subjected to sexual assault, and held in conditions resembling indentured servitude by their subcontractor bosses. Contracts were sub contracted from the US military down to small un-supervised contractors who often procured workers from impoverished countries under conditions amounting to trafficking. Many workers had paid several thousand dollars despite US regulations against the charging of fees and many had contracts stipulating 12 hour days for 7 days a week. Workers who complained were threatened with sacking and denial of return flights home. Several groups of these workers had also been taken hostage and murdered.
In June, it was reported that 30 Sri Lankan construction workers in southern Iraq went on a five-day hunger strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to obtain unpaid wages claiming they had not been paid for the past two years. The move came after threatened suicide. The workers said they were each promised 2,000 dollars per month to work for the Talat Osam al-Deen construction firm, on a government housing project. They said they had not received a single salary payment and the company owners had fled. The Iraqi government intervened, paying the workers 3,000 dollars each and flew them home.
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Baghdad

reported violations - 2012
Violations
In January, security forces stormed the head office of the Writers Union for the second time in less than two months. The first time the union was raided was in December 2010 under the pretext that the union’s social club sold alcohol, which was perceived by the head of Baghdad’s council as ‘un-Islamic’. However, no reason was given for the second raid on 17 January.
On 17 February, the Writers Union social club was officially reopened by officials despite threats from Baghdad council to close it once more. The Prime Minister’s Representatives said Baghdad Council’s decision to close the social club are unconstitutional According to reports, over 160 violations were committed against media workers in the two weeks after and around the major demonstration on 25 February while a local press freedom group Metro Centre stated that in the spring more than 150 Iraqi Kurdish journalists had been injured or attacked. In September, Al-Mahdi, a radio show host and critic of the government, was shot dead in his home in Baghdad.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike demanding payment of their overdue salaries. The media was reportedly refused access to cover the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike .
Under existing legislation, workers in the public sector, including the state-owned oil companies, are not allowed to form trade unions. Workers that do organise protests are threatened with arrest and relocation. Despite the threats similar worker actions have taken place throughout the main oil producing regions of the south including many protests calling for equal treatment of Iraqi and Kurdish workers and expatriates. The authorities forcibly relocate trade union leaders in the oil industry from their regular jobs in order to remove them from their members and sources of protest.
In June, it was reported that Jamal Abdul-Jabbar Akram, president of the Oil and Gas Workers’ Union of the General Federation of Iraqi Workers (GFIW), had been transferred to another part of the country. This happened after his union staged a February rally outside the headquarters of the state-owned North Oil Company and Jamal refused to cease union activities. In a separate incident, 16 workers were fined nearly USD60, 000 by the Oil Ministry for a March 2010 work stoppage at the Basra refinery. The workers were also transferred from Basra to Baghdad. In Basra, local authorities urged the filing of lawsuits against striking workers.
In May, over 300 Iraqi oil workers staged a wildcat strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in Basra and demonstrated outside the headquarters of the state-owned Southern Oil Company. Their demands included an end to management corruption, and equal pay and treatment with foreigners. However, management used private security officers to confront the demonstrators. At least one worker activist, Sami Hassan, was detained briefly.
See Guide to the ITUC international trade union rights framework . The workers were forced to hold the initial union committee elections at the local offices of the FWCUI.
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Baghdad
