Context and History:
In 2022, and for the first time since its accession to the International Labour Organization (ILO) in 1932, Iraq was placed on the organization’s “shortlist” during its 110th session. Iraq was indeed accused of violating conventions it had ratified, such as Convention No. 98 on the right to unionise and collective bargaining.
One year later, the tenth edition of the International Trade Union Confederation (ITUC) Global Rights Index ranked Iraq among the countries where there are no guarantees of rights. Although recognized by legislation, the right to freedom of association is strictly regulated, thereby limiting workers’ ability to exercise this fundamental right. There are significant restrictions on the possibility of workers forming and joining unions of their choice. The legislation imposes a single trade union system, prohibiting the establishment of other unions or federations, effectively creating a monopoly for the Iraqi Federation of Trade Unions (IFTU). Specific categories of workers, including civil servants and public employees, are also denied the right to unionize under Law 150 of 1987. This law even changed the status of public enterprise employees to public servants, depriving them of the right to organize and collectively bargain. Public sector employees are also prohibited from striking under Law 150 of 1987.
These reports come at a time when trade union freedom is clearly stipulated by the Iraqi Constitution, which states in Article 22 that “the state guarantees the right to establish or join trade unions and professional federations. This right is regulated by law.” Labour Law No. 37 of 2015 further states, in paragraph 22 of Article 1, that “the organization of workers is a free, financially and administratively independent structure with legal personality, representing the interests of workers, defending their rights, working to improve their working conditions, and representing them before various bodies in accordance with the law.”
A New Text, New Reservations:
The disastrous rankings of Iraq by the ILO and the ITUC have prompted several labour advocates to call on the authorities to legislate a law governing the right to trade union organization for workers and civil servants. This text has existed since 2018 and has experienced several delays. Today, the issue has finally resurfaced with a draft law that nevertheless raises several concerns.
In this context, the IFTU participated in a discussion workshop held from September 8 to 10, 2023, in the city of Erbil, regarding the bill on trade unions for workers and civil servants in Iraq. Organized by the research and development centre, Maaluma, this workshop resulted in a series of recommendations and amendments aimed at ensuring that the new draft law complies with international standards guaranteeing the freedom of trade union work.
Therefore, the IFTU recommends that the following definitions be added to the first article of the bill:
– Definition of artisans (employees) based on their skill level in establishments in the public sector specializing in artisanal and professional trades.
– Definition of the trade union committee as the basic structure of trade union organizations.
– Definition of the union as an independent organization of workers, with legal personality, enjoying financial and administrative autonomy – enabling it to achieve its objectives – and represented by its president.
These definitions will ultimately provide a clear and precise scope for the application of the new text upon its entry into force. It will thus be easier for workers to assert their rights, as stated in the same text, before the competent authorities in case of disputes or other issues. The Iraqi trade union believes that it is also essential to make a change in the second article of the bill, which, in its initial version, stipulates that “the provisions of this law apply to all workers and civil servants, as well as their trade union organizations in the Republic of Iraq,” by specifying that these provisions apply to all workers and civil servants “in the public, private, mixed, and cooperative sectors,” with the only exception being applicable to the armed forces and internal security personnel, except for civilian employees who must enjoy the same provisions as other workers and civil servants.
Regarding the rules required for the formation of a union, the authorities have agreed that the minimum number of people required to submit a formation request is 20. The IFTU believes that this number should be revised and reconsidered. The trade union also specifies that the ministerial committee responsible for reviewing requests for union formation should examine the “documents submitted” by the concerned individuals and not the “constitution documents” as indicated in the current version of the bill.
In Article 19, the bill states that 30 days after the founding meeting, individuals wishing to create a new union must declare certain elements to the competent authorities. Among these elements are “the levels at which the union will operate and the workers and civil servants it will represent.” The FITU believes that this part should be replaced with the following: “The professions that will be targeted by the new union.”
As for the response times for requests to form new unions, the current text states that “the ministerial committee established in accordance with the provisions of Article 18 of this law shall review the submission requests within thirty working days from the date of their receipt.” The recommendations of the trade union suggest a period of 15 working days from the date of receipt of these requests.
On the other hand, the executive secretariat of the Arab Trade Union Confederation (ATUC), in a study devoted to this draft law, has identified several points that could pose threats to the exercise of free and independent trade union rights. Indeed, Article 24 of the draft law stipulates that the ministerial committee is empowered to accept objections or challenges to the legitimacy of member organizations. This provision leads to conflicts between competing trade union organizations. Article 25 sets the term of office at four years, which contradicts international labour conventions numbers 87 and 98 and restricts the independence of trade union organizations in determining their systems and internal laws.
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