Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Abolition of Forced Labour Convention, 1957 (No. 105) - Iraq (Ratification: 1959)

1. In its previous direct request, the Committee requested the Government to supply further information on a series of provisions of the Penal Code which impose penalties for activities including joining associations, making public statements, propaganda for Zionism, possession of propaganda or the means of producing it, and other activities (sections 157(i), 200, 201, 202, 205, 208, 210, 211, 213, 214, 215, 221, 222(i) and (iii), 225, 226 and 227). It also noted that other legislation (Act No. 1 of 1960 respecting societies, the Press Act No. 206 of 1968, sections of the Penal Code, and others) provided for penalties for offences related to the expression of opinion considered to be harmful to the State. The Government has provided indications in its report on the intent and the use of these provisions, and has remarked that most of these provisions and the Committee's comments on them relate to the protection of the internal and external security of the State and not to the Labour Code or to the abolition of forced labour.

2. The Committee notes the information provided and the Government's comments. It notes also the information provided by the Government to the Human Rights Committee of the United Nations in this regard, and the statement by that Committee at its 61st Session in July 1997 that it was "deeply concerned that all government power in Iraq is concentrated in the hands of an executive which is not subject to scrutiny or accountability either politically or otherwise" (UN document CCPR/C/79/Add.84). Most of the concerns expressed by the Human Rights Committee had to do with the repression of independent political activity, which is of direct relevance to the present Convention. It recalls that the Convention's intention is to prohibit the use of compulsory labour as a punishment for activities including the expression of political opinion. It notes also that many of the activities penalized in the legislation appear to go well beyond the normal bounds of the need to protect state security, and to punish the peaceful expression of views. As noted previously, to the extent that these provisions allow the imposition of penalties involving compulsory labour for expressing political views or views which are ideologically opposed to the established political order, they are covered by the Convention. The Committee therefore requests the Government to repeal or amend the legislation concerned so as to come into closer conformity with the Convention, and to provide detailed information in its next report on the steps which have been taken or are contemplated in this regard.