Capital: Baghdad

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike demanding a safety bonus after numerous mortar attacks and the death of two staff. Also in January the President of Basra’s Iraqi Teachers Union was imprisoned, and the government sought to interfere with its elections. Iraqi police raided and shut down the offices of the electricity unions. In March after oil workers protested over low pay and their union’s illegal status, union leaders were transferred, while in June dock workers protesting at the prohibition of unions in ports south of Basra were surrounded by troops, and their leaders transferred. Trade union rights in law are very restricted.
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 - 2011
Background
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- 2011
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 - 2011
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. .
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 - 2011
Violations
In 2009 the government committee responsible for overseeing trade union elections announced that the Iraqi Teachers Union (ITU) had to hold elections. However, the union believed that it was clear the committee members were seeking political domination over the union. The ITU therefore refused to participate, arguing that they had recently held their own elections under their union’s rules. They also obtained a court ruling declaring the interference of the committee to be illegal.
Nevertheless, elections were held in January 2010 but with widespread voting irregularities. The ITU leadership refused to recognise the results. Ibrahim al-Battat, the Basra president of the ITU, was also detained for eight days and threatened for not handing over the union’s membership list while an arrest warrant was issued for Jasim Hussein Mohammed, the national leader of the ITU.
On 7 December 2009 a 53-day 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
by 1,500 leather workers in Iraq concluded successfully after the state-run Enterprise of Leather Industries and Iraq’s Ministry of Industry acceded to demands of workers on safety benefits. The leather workers, part of the Federation of Workers’ Councils and Unions of Iraq (FWCUI), won added payments totaling 25-30% of salaries for working in hazardous conditions. The strikers only began work after all workers had been paid their safety stipend in cash. Their 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
also spurred other similar textile workers to stage strikes.
However, in January 2010 the Ministry of Industry retaliated by transferring the leader of 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
, FWCUI President Falah Alwan, to another enterprise in order to suppress his union activities.
In March workers at the South Refineries Company / Southern Oil Company in Basra 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
after the failure of negotiations. They were calling for a change in company management and an increase in salaries. As a result of the actions, four key union leaders were transferred to other regions. In July the long-running negotiations between the unions and the authorities ended after a protest attended by more than 500 people was dispersed and two men briefly arrested.
The state-run company also brought charges against two prominent oil union leaders. Hassan Juma, president of the Iraqi Federation of Oil Unions, and Faleh Abood Umara, the federation’s general secretary, were accused of “impeding the work” at oil developments in Basra and “urging workers to stand against senior management”. According to officials, the union leaders had made threatening remarks directed at foreign oil companies, thereby harming the country’s economy. Oil unions are technically illegal in Iraq.
On 21 July 2010 police officers stormed offices of the Electricity Workers’ Union across Iraq, carrying out an order from the Ministry of Electricity to shut them down. The Ministerial order, issued on 20 July 2010, reportedly “prohibits all trade union activities at the Ministry and its departments and sites”. It orders the police, “to close all trade union offices and bases and to take control of the union’s assets, properties and documents, furniture and computers”. It also instructs the Ministry to take legal action against trade union officials under the 2005 Terrorism Act. The order emphasises and echoes the continuing use of the Saddam-era law banning trade unions from the public sector.
Despite billions spent on contracts to rebuild power plants, Basra residents only got power for a few hours a day, which led to demonstrations in June. The protests were supported by the Electricity Worker’s Union - the first national union led by a woman, Hashmeya Muhsin - but were violently put down by police, killing one protester and injuring several others. The Ministry then issued an order to shut the union down, and as a result some 1,000 local residents protested, leading to further retaliation from the authorities and the raids on the union offices.
In March the President of the Iraqi Journalists Syndicate, Moaid Al-Lami, survived a second assassination attempt. Al-Lami was first attacked in a bomb blast in September 2008 that left him with a shattered arm. That attack came only two months after his election, which followed the assassination of his predecessor, Shibab Al-Tamimi, in February 2008.
The International Federation of Journalists reports that while Iraqi journalists’ death toll has dropped markedly as general violence has subsided, there is a growing threat to those journalists who remain independent despite political pressure.
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 - 2011
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

