Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Minimum Age Convention, 1973 (No. 138) - Iraq (Ratification: 1985)

Other comments on C138

Direct Request

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Article 2(1) of the Convention. Scope of application. Self-employment and work in the informal economy. In its previous comments, the Committee requested the Government to clarify whether section 90.1 of the Coalition Provisional Authority Order No. 89 of 2004 (Amendments to Chapter II, Part IV of the Labour Code of 1987) which fixes the minimum age of 15 years for admission to any kind of employment or work within the territory of Iraq also applied to children who perform work outside an employment relationship, such as self-employed children.

The Committee notes that the Government adopted a new Labour Law of 2015 which repeals Order No. 89 of 2004. It notes with interest that according to section 3 of the Labour Law of 2015, the provisions of this Law shall apply to all workers in Iraq. Section 7 of the Labour Law provides that the minimum age of employment in Iraq is 15 years. The Committee further notes from the report submitted by the Government under the Worst Forms of Child Labour Convention, 1999 (No.182) that a committee under the supervision of Childhood Welfare Authority was set up under the Ministry of Labour and Social Affairs to investigate and raise awareness among children and young persons working in the informal economy in order to eliminate child labour in this sector. The Committee requests the Government to indicate the activities undertaken by the committee, under the Childhood Welfare Authority, to eliminate child labour in the informal economy as well as the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously observed that according to the provisions of Act No. 118 of 1976, compulsory education, which lasts for a period of six years and begins at the age of 7 years is completed at the age of 13 years. It also noted the Government’s indication that the new Bill on compulsory education provides for free and compulsory education to all children who have completed six years and obliges parents to enrol their children at schools and ensure their attendance at school until the completion of primary schooling or until the age of 15 years.

The Committee notes the information provided by the Government in its report under Convention No. 182 that the Ministry of Education is currently examining the possibility of extending compulsory education up to 15 years. Considering that compulsory education is one of the effective means of combating child labour, the Committee urges the Government to take the necessary measures to extend the compulsory education up to the minimum age for employment, which is 15 years. It requests the Government to provide information on any progress made in this regard.

Article 7. Light work. In its previous comments, the Committee noted the Government’s information that the national legislation does not provide for any exceptions for light work.

The Committee notes that the Labour Law of 2015 does not regulate light work activities for children under 15 years of age as permitted by Article 7 of this Convention.