Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Iraq (Ratification: 2001)

Articles 3(a) and 7(1) of the Convention. All forms of slavery and practices similar to slavery. Sale and trafficking of children and penalties. In its previous comments, the Committee noted that the penalties imposed under section 97 of Order No. 89 of 2004, for infringing the provisions related to the protection of young persons, including the provisions of section 91.3 (prohibiting the worst forms of child labour) were very low. It, therefore, requested the Government to take the necessary measures to ensure that penalties with regard to the worst forms of child labour, in particular for the offences related to the sale and trafficking of children, are sufficiently effective and dissuasive.

The Committee notes with interest that the Government adopted a new Anti-Trafficking Law No. 28 of 2012, which provides for more stringent penalties including life imprisonment and a fine for the offences related to the trafficking of children (section 6). The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2015, expressed concern that the internal displacement and sectarian violence have led to a significant increase in trafficking, with many children being trafficked, in particular for sexual exploitation and domestic servitude, but also for forced labour or services, slavery or similar practices and servitude, both within and outside the country (CRC/C/IRQ/CO/2-4, paragraph 84). The Committee further notes that the CRC, in its concluding observations of 5 March 2015 to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC), expressed deep concern that girls are reportedly sold and trafficked within Iraq and outside, including to Jordan, the Syrian Arab Republic, the United Arab Emirates and Yemen, with many Iraqi girls who had fled to Syria having been sold into the sex trade (CRC/C/OPSC/IRQ/CO/1, paragraph 18). While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to take the necessary measures to prevent the sale and trafficking of children under 18 years of age for forced labour and sexual exploitation. In this regard, it requests the Government to take the necessary steps to ensure that thorough investigation and robust prosecution of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with section 6 of the Anti-Trafficking Law. It requests the Government to provide information on the progress made in this regard, as well as on the number of investigations, prosecutions, convictions and penal sanctions applied.

Article 5. Monitoring mechanisms. 1. Trafficking. The Committee notes the information contained in a report of the United Nations Office on Drugs and Crime (UNODC) that an inter-ministerial committee has been established to coordinate anti-human trafficking activities in the country. This report also indicates that in order to support the national efforts to investigate and prosecute human trafficking and migrant smuggling cases, the UNODC and the European Union Integrated Rule of Law Mission for Iraq conducted a four-day workshop in November 2013. During this workshop, 24 investigators, judges and prosecutors received in-depth training on effectively tackling trafficking of human beings through efficient implementation of international cooperation instruments, tools and best practices. However, the UNODC report indicates that Iraq still remains a source and destination country for men, women and children subjected to sexual and labour exploitation. The Committee requests the Government to provide information on the activities carried out by the inter-ministerial committee to combat the trafficking of children and the results achieved.

2. Labour inspectorate. The Committee previously noted the Government’s statement that the Ministry of the Interior and the Ministry of Labour and Social Affairs carry out monitoring through inspection campaigns involving the Confederation of Trade Unions and the Iraqi Industries Federation.

The Committee notes from the Government’s report that in 2014, labour inspectors detected 188 violations regarding the Labour Law and in 2015, 147 such violations were detected. The Committee also notes the Government’s information that in order to eliminate child labour and its worst forms in the informal economy, a committee was set up involving the concerned ministries and supervised by the Childhood Welfare Authority. It notes, however, that the CRC in its concluding observations of March 2015, expressed its regret at the weak and insufficient implementation of the prohibitions related to the worst forms of child labour and expressed deep concern at the reports which indicated that a significant number of children between the ages of 3 and 16 were involved in child labour, many of them in hazardous conditions (CRC/C/IRQ/CO/2-4, paragraph 80). The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the labour inspectorate by providing it with adequate human and financial resources in order to enable it to monitor the effective implementation of the national provisions giving effect to the Convention, in all sectors where the worst forms of child labour exist. It also requests the Government to provide information on the measures taken in this regard. The Committee further requests the Government to continue providing information on the number of inspections conducted and on the findings with regard to the extent and nature of violations detected concerning children involved in hazardous work.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Sale and trafficking of children. The Committee notes that according to section 11 of the Anti-Trafficking Law of 2012, specialized institutions to protect child victims of trafficking, including provisions for proper accommodation and medical, legal and financial assistance should be established. In this regard, the Committee notes that the CRC, in its concluding observations of 2015, to the OPSC expressed concern that the state-run shelter for victims of trafficking reportedly remained vacant, despite the presence of trafficking victims in the country. The CRC also expressed its concern that the support units operated by the Ministry of Health have not undertaken any efforts to identify and assist victims of trafficking since its establishment in 2013 (paragraph 28). The Committee requests the Government to take effective and time-bound measures to identify and protect child victims of trafficking and to provide information on progress made in this regard. It also requests the Government to provide information on the number of child victims of trafficking who have been rehabilitated and reintegrated by the state-run shelter.

Clause (d). Identifying and reaching out to children in special situations. Internally displaced children, refugees, orphans and street children. Following its previous comments, the Committee notes the Government’s indication that the Ministry of Labour and Social Affairs, in collaboration with other concerned ministries, has established committees to identify street children and to sensitize them to the risks of working on the streets. The Committee notes that the CRC, in its concluding observations of March 2015, expressed concern about the large number of children, including many internally displaced children, living and/or working in the streets, where they are exposed to various forms of crime (paragraph 82). The CRC also expressed concern that children are recruited by non-state armed groups and that the internally displaced and refugee families live under constant threat in crowded settlements; that refugee and internally displaced girls are particularly exposed to sexual exploitation through temporary and early marriages; and that most of the refugee and internally displaced children lack access to education while child labour is on the increase (paragraph 74). Moreover, the CRC also expressed concern at the reports of children being trafficked from orphanages for forced prostitution (paragraph 84). Observing with concern that internally displaced children, refugees and orphans are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to protect these children from these worst forms. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Application of the Convention in practice. The Committee notes the Government’s information that a survey on the worst forms of child labour is being carried out by the Child Labour Unit of the Ministry of Labour and Social Affairs, in coordination with UNICEF and UNESCO. The Committee requests the Government to provide information on the findings of the survey with regard to the worst forms of child labour and hazardous working conditions in the country. It also requests the Government to provide information on the application of the Convention in practice, including statistical data on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.