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TITLE: IRAQ HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 1.
The Kurds, who make up approximately 20 percent of the
population, historically have suffered political and economic
discrimination, despite the token presence of a small number in
the national Government (see Sections 1.a., 1.b., and 1.g.).
Assyrians are an ethnic as well as religious group (see Section
2.c.), and speak a distinct language--Syriac. Public
instruction in Syriac, which was to have been allowed under a
1972 decree, has never been implemented. In 1994 the Special
Rapporteur stated that in late 1993 the Government dismissed or
expelled hundreds of Assyrian teachers and students from
universities and public positions.
Citizens considered to be of Iranian origin must carry special
identification and are often precluded from desirable
employment. Over the years, the Government has deported
hundreds of thousands of citizens of Iranian origin (see
Section 2.d.).
People with Disabilities
No information is available on the Government's efforts to
assist people with disabilities.
Section 6 Worker Rights
a. The Right of Association
Although Iraq is a party to the 1919 Constitution of the
International Labor Organization (ILO), which guarantees the
freedom of association, trade unions independent of government
control do not exist in Iraq. The Trade Union Organization Law
of June 2, 1987, prescribes a monolithic trade union structure
for organized labor.
Workers in private and mixed enterprises and cooperatives--but
not public employees or workers in state enterprises--have the
right to join local union committees. The committees are
affiliated with individual trade unions, which in turn belong
to the Iraqi General Federation of Trade Unions. The General
Federation is linked to the Ba'ath Party, which uses it to
promote party principles and policies among union members. The
General Federation also is affiliated with the International
Confederation of Arab Trade Unions and the formerly
Soviet-controlled World Federation of Trade Unions.
The Labor Law of 1987 restricts the right to strike. No strike
has been reported over the past two decades.
b. The Right to Organize and Bargain Collectively
The right to bargain collectively is not recognized. Salaries
for public sector workers (the majority of the employed) are
set by the Government. Wages in the much smaller private
sector are set by employers or negotiated individually with
workers.
The Labor Code does not protect workers from antiunion
discrimination, a failure that has been criticized repeatedly
by the ILO's Committee of Experts. There are no export
processing zones in Iraq.
c. Prohibition of Forced or Compulsory Labor
Compulsory labor is theoretically prohibited by law. However,
the Penal Code stipulates prison sentences, including
compulsory labor, for civil servants and employees of state
enterprises accused of breaches of labor "discipline,"
including resigning from the job. According to the ILO,
foreign workers in Iraq have been prevented from terminating
their employment to return to their native countries because of
government-imposed penal sanctions on persons who do so.
d. Minimum Age for Employment of Children
Employment of children under age 14 is prohibited except in
small-scale family enterprises. Many children are encouraged
to work to support their families. The law stipulates that
employees between the ages of 14 and 18 work fewer hours per
week than adults.
e. Acceptable Conditions of Work
Theoretically, most workers in urban areas work a 6-day,
48-hour workweek. Hours for government employees are set by
the head of each ministry. In practice, the rate of
absenteeism was abnormally high in 1994, as socioeconomic
conditions deteriorated.
Working hours for agricultural workers vary according to
individual employer-employee agreements.
Occupational safety programs are in effect in state-run
enterprises. Inspectors theoretically inspect private
establishments, but enforcement varies widely.