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Iraq - Fourth periodic report [2013] UNCESCRSPR 32; E/C.12/IRQ/4 (19 November 2013)

	United Nations	E/C.12/IRQ/4
	Economic and Social Council		Distr.: General 20 November 2013 English Original: Arabic

Committee on Economic, Social and Cultural Rights

Implementation of the International Covenant

on Economic, Social and Cultural Rights

Fourth periodic report submitted by States parties under articles 16 and 17 of the Covenant

Iraq[*]

[22 May 2013]

Contents

Paragraphs Page

I. Introduction 1–25 4

II. The right of self-determination (art. 1) 26–40 8

A. The Basic Law 26–27 8

B. Economic and social indicators 28–29 8

C. The impact of change on prices 30–40 9

III. The effects of international economic and technical assistance and cooperation

(art. 2) 41–45 11

IV. Equality in regard to enjoyment of the rights set forth in the Covenant (art. 3) 46 14

V. The right to work (art. 6) 47–54 14

VI. The right to the enjoyment of just and favourable conditions of work (art. 7) 55–63 15

A. Limitation of working hours 55–56 15

B. Overtime 57 16

C. Calculation of overtime pay 58–60 17

D. Paid and unpaid leave 61–62 17

E. Measures to reconcile professional, family and private life 63 19

VII. The right to form and join trade unions and collective bargaining mechanisms

(art. 8) 64–93 19

VIII. Social security (art. 9) 94–125 26

IX. Protection of the family (art. 10) 126–151 33

A. Child welfare 128–129 33

B. State hostels 130–142 34

C. Occupational health and safety 143–144 37

D. Treatment of juveniles in conflict with the law 145–151 39

X. The right to an adequate standard of living and continuous improvement of

living conditions (art. 11) 152–158 40

A. The right to housing 153 40

B. The housing situation in Iraq 154–157 40

C. Shanty towns 158 41

XI. The right to the enjoyment of physical and mental health (art. 12) 159–182 42

A. Status of health and nutrition in Iraq 163–173 44

B. Status of the environment in Iraq 174–182 46

XII. The right to education (art. 13) 183–206 47

A. Eradication of illiteracy 188–191 48

B. Centres for adolescent dropouts 192–194 49

C. Steps taken to put an end to the dropout phenomenon 195–196 49

D. Minorities and educational curricula 197–202 50

E. Absence of gender-based discrimination in education 203–206 51

XIII. The principle of compulsory education free of charge (art. 14) 207–210 53

XIV. Cultural rights (art. 15) 211–222 53

Annexes 56

I. Introduction

1. The Republic of Iraq, while emphasizing its commitment to implement the international human rights covenants and treaties, as well as its belief in the importance of the realization of rights and, in particular, economic, social and cultural rights in view of their direct impact on the lives of individuals and societies, also reaffirms its belief in the effectiveness and usefulness of the human rights treaty mechanisms which are highly instrumental in furthering the international human rights protection system. In this context, as an expression of our confidence in international law and our firm determination to support the work of these mechanisms and of the Human Rights Council, we are submitting this fourth report, which is our first report submitted to the Committee subsequent to the far-reaching changes that have taken place in our country in all economic, social and cultural fields, and also in the political system as a whole, since 2003. The report comprises our belated fourth, fifth and sixth reports.

2. This report has been prepared by a sectoral committee consisting of representatives of the Ministry of Foreign Affairs, the Ministry of Human Rights, the Ministry of Labour and Social Affairs, the Ministry of Planning, the Ministry of Finance, the Ministry of Trade, the Ministry of Education, the Ministry of Culture and the Ministry of Health. The first draft of the report was published on the website of the Ministry of Human Rights and its publication was announced on several web pages in order to receive comments from competent academics, activists and civil society organizations. A number of civil society organizations and other interested persons were also invited to attend a symposium so that their comments and views on the draft report could be heard. The preparation of the report coincided with another national endeavour, namely the formulation of a national plan for human rights in which economic, social and cultural rights featured prominently.

3. The Government of the Republic of Iraq studied with interest the Committee’s concluding recommendations, particularly in regard to the factors and difficulties impeding the implementation of the Covenant, and concurs with the concluding observations adopted by the Committee following its consideration of Iraq’s third periodic report at its 33rd to 35th meetings on 20 and 21 November 1997.

4. We agree with the Committee’s assessment that “eight years of war with the Islamic Republic of Iran and the conflict following Iraq’s invasion of Kuwait caused the destruction of part of the country’s infrastructure and considerable human suffering, and produced a very difficult economic and social situation in Iraq”. We also agree with the Committee’s observation that “the living standard of large sections of the Iraqi population has been reduced to subsistence level since the imposition of the embargo, which led to the decrease of the country’s oil revenue from approximately United States $20 billion to United States $2 billion a year, and that this situation is further aggravated by the sharp rise in consumer prices” (E/C.12/1/Add.17).

5. In this connection, we cannot but commend Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1997/35 on “Adverse consequences of economic sanctions on the enjoyment of human rights” which emphasized that “such measures most seriously affect the innocent population, in particular the weak and the poor, especially women and children ... and have a tendency to aggravate the imbalances in income distribution already present in the countries concerned”.

6. We also concur with the Committee’s observations on the principal subjects of concern as noted in document E/C.12/1/Add.17, to some of which reference must be made.

7. With regard to paragraph 10 of the concluding observations, we wish to make it clear to your distinguished Committee that the Iraqi Governments formed since 2003 have taken a number of measures designed primarily to alleviate the extremely difficult living conditions of the Iraqi population by, inter alia, promulgating new salary scales for civil servants in which the salaries of persons employed in the government sectors, as well as retirement pensions, have been greatly increased. Measures have also been taken to increase government subsidies for the fuel, water and electricity sectors and allocate resources, wherever possible, to ensure the continued application of the ration card system.

8. With regard to paragraph 11 of the concluding observations, we wish to point out that our present report contains statistical information derived from the annual statistical reports published by the Central Organization for Statistics and Information Technology which are available to all, as well as statistics from the National Human Development Report for 2008. We would also like to draw attention to the fact that the extremely difficult security situation in the country following the change of regime in 2003 and the collapse of the government institutions, including those operating in this field, further aggravated the difficulties inherent in the conduct of a comprehensive population census in the country. It is hoped that this report brought before your distinguished Committee will dispel those sources of concern.

9. With regard to paragraph 12 of the concluding observations, we wish to inform your distinguished Committee that, after the fall of the dictatorial regime in 2003, the Iraqi Governments, beginning with the first Government formed in September 2003, took rapid action to establish a specialized Ministry of Human Rights, one of the main objectives of which was to promote greater public awareness of human rights and, in particular, economic, social and cultural rights. An academy specialized in this field was established and embarked on numerous educational activities targeting the staff of governmental and non-governmental institutions and organizations. The total number of educational activities undertaken by the Ministry from its establishment in 2003 to mid-2011 is shown in the following table.

The civil society organizations, currently numbering more than 7,000 with a variety of objectives, have also organized numerous educational courses, workshops and other activities to promote greater awareness of human rights.

10. With regard to paragraph 13 of the concluding observations (E/C.12/1/Add.17), we wish to point out that one of the reasons for the change from a dictatorial to a democratic system of governance is explained by the content of the above-mentioned paragraph. Hence, rapid steps were taken to draw up a permanent national constitution in which emphasis was placed on the principles of equality and non-discrimination. Within this context, policies were pursued to ensure that, inter alia, public expenditure and investment budgets were proportionate to the population size of the country’s governorates. As indicated in article 1 of its Permanent Constitution, the Republic of Iraq is currently a federal republic with a decentralized system of governance in which powers are distributed between the central Government and the governorates in accordance with a legislative enactment that regulates this matter. Details of this distribution will be found in subsequent paragraphs of this report.

11. With regard to paragraph 14 of the concluding observations, it should be noted that the legal system in the Republic of Iraq is based on the principle of equality between men and women in respect of freedom of movement, equal remuneration for equal work and access to employment. Men do not enjoy preferential access to employment. However, due to circumstances linked to customs, traditions and the legacy inherited by the Government, the unemployment rate remains higher among women than among men and the Government of the Republic of Iraq is therefore endeavouring to remedy this situation by emphasizing the need to apply the principle of non-discrimination during the selection of candidates for the Civil Service. The Government is also endeavouring to enhance the capacities of women by encouraging their enrolment in educational, including higher educational, institutions and by combating the phenomenon of dropouts from the education system, especially among women. Notable progress has been made in this field as shown in the following table.

Statistical Yearbook 2008/09, p. 626, table 1/19.

12. With regard to paragraph 15 of the concluding observations, it is noteworthy that compulsory labour is prohibited by the Constitution, article 37, paragraph 3, of which stipulates that: “Forced labour, slavery, the slave trade, trafficking in women or children and the sex trade shall be prohibited.” The provision under which a person could be condemned to compulsory labour, as part of a prison sentence, in cases of expression of political opinions is no longer applied since the right to freely express an opinion is guaranteed in article 38 of the Constitution and all the provisions of the Penal Code concerning political offences and offences involving expression of opinion have been suspended.

13. With regard to paragraph 16 of the concluding observations, we wish to inform your distinguished Committee that a new draft labour law, currently awaiting adoption by parliamentary vote, guarantees the right to form trade unions in Iraq in an independent manner without any governmental interference. The new law will also regulate the right to bargain collectively.

14. Insofar as paragraph 17 of the concluding observations is concerned, we wish to inform your distinguished Committee that the Government of the Republic of Iraq has taken a series of measures to ensure the payment of benefits to former workers in Iraq, including long-standing entitlements dating back to the 1980s.

15. With regard to the recommendation made in paragraph 18 of the concluding observations, the Republic of Iraq has taken measures to apply a social security system, illustrated by the establishment of a social welfare network to ensure the payment of monthly benefits to the categories of widowed, divorced and abandoned women (through the Women’s Welfare Department attached to the Office of the Prime Minister), the unemployed (currently suspended), and disabled persons and orphans (through the Social Welfare Department of the Ministry of Labour and Social Affairs).

16. With regard to the recommendation made in paragraph 19 of the concluding observations concerning child labour, it should be noted that the Labour Inspection Department of the Ministry of Labour and Social Affairs has established a branch to combat child labour by monitoring the employment of children below the legal age for admission to employment during its visits to enterprises. This branch also verifies the application of the regulations governing the employment of juveniles in the 15–18 age group and has specified 178 occupations in which their employment is prohibited. The International Labour Organisation is helping to train staff to conduct a child labour survey with a view to the development of more effective methods to monitor child labour.

17. With regard to the recommendation made in paragraph 20 of the concluding observations, the Republic of Iraq has taken steps to resolve the legacy of human rights violations left by the previous regime. Article 140 of the Constitution addresses cases of demographic changes effected by the previous regime, including forced evictions of Kurds, Arabs and Turkomans. A special commission has been established to settle property ownership disputes arising from confiscation and eviction through the payment of compensation or the return of confiscated properties to their owners.

18. With regard to the recommendations made in paragraphs 21 and 22 of the concluding observations concerning safe drinking water and the right to health, clarifications in this connection will be provided below within the context of the examination of Iraq’s fulfilment of its obligation to ensure enjoyment of the right to health.

19. As far as the recommendation made in paragraph 23 of the concluding observations is concerned, the Republic of Iraq has taken measures to combat illiteracy, improve the quality of education and reduce the dropout rate by raising income levels, enforcing the Compulsory Education Act and continuing to build schools close to the students’ residential neighbourhoods, thereby reducing the education-related costs borne by households since education itself is provided free of charge in Iraq.

20. With regard to the recommendation made in paragraph 24 of the concluding observations, Iraq’s response will be provided below within the context of the examination of the enjoyment of the right to education as stipulated in article 13 of the Covenant.

21. An objective assessment of the situation in regard to the rights enunciated in the Covenant necessitates a brief review of the developments that have taken place in the political, economic, social and cultural fields since the spring of 2003 when, following the occupation of Iraq, a body known as the Office for Reconstruction and Humanitarian Assistance was formed, under the direction of the retired United States military officer Jay Garner, to manage Iraq’s affairs. United States Ambassador Paul Bremer was subsequently appointed on 19 May 2003 to administer the Coalition’s civil authority and, on 13 July 2003, an Iraqi Governing Council was formed as an advisory body consisting of 25 members from the various constituent elements of the Iraqi people.

22. The Coalition Provisional Authority (CPA) in Iraq was the first statutory legal authority formed to administer the country’s affairs after the overthrow of Saddam Hussein’s regime on 9 April 2003. The CPA exercised its powers in tandem with the Iraqi Governing Council, the official establishment of which was announced on 15 July 2003 and the main achievements of which included the promulgation of the Transitional Administrative Law in March 2004 and the annex thereto in May 2004, as well as the formation of an executive government consisting of 25 ministries.

23. The first Interim Government was formed on 30 June 2004 and assumed sovereign authority to administer the State under the terms of Security Council resolution 1546 (2004). A Transitional National Council, known as the Iraqi National Assembly, was formed to draft an interim constitution and submit it to a referendum in accordance with the Transitional Administrative Law.

24. Elections were held on 30 January 2005 to choose the 100 members of the National Assembly the basic task of which was to draft the country’s permanent constitution and make preparations for the parliamentary general elections which were subsequently held on 15 December 2005. The country’s permanent constitution was adopted on 15 October 2005 and led to a comprehensive overhaul of the legislative structure in a manner consistent with the new political, economic and social system.

25. In general, the measures taken during this period were designed to change the economic system from a centralized to a free economy and institute a democratic and decentralized system of governance. However, the transition towards democracy and adoption of the principles of decentralization and a free economy were hampered by a number of challenges and difficulties resulting primarily from the imbalances in the socioeconomic structure that were caused by the previous totalitarian regime and aggravated by a period of wars, the imposition of economic sanctions and a number of other challenges that impeded the transition and reconstruction process, as illustrated by vicious terrorist attacks that targeted Iraq’s infrastructure and, in particular, its human resources by violating their right to life and destroying their infrastructure (including the educational, health, environmental, service and fuel and electricity supply infrastructure) in an attempt to undermine the Government’s reconstruction and development programme.

II. The right of self-determination (art. 1)

A. The Basic Law

26. The country’s permanent constitution was drafted in 2005 and submitted to a broadbased popular referendum in which 79.14 per cent of the total number of participants voted in favour of its adoption.

27. Article 1 of the Iraqi Permanent Constitution stipulates as follows:

“The Republic of Iraq is a single federal, independent and fully sovereign State in which the system of governance is republican, representative (parliamentary) and democratic.”

B. Economic and social indicators

28. The Iraqi economy is dependent on the petroleum, extractive industries, agricultural, trade and service sectors as its main structural components. In terms of Iraqi dinars (ID), the gross national income amounted to ID 15,013,422.3 million in 1998 and rose to ID 85,431,538.8 million in 2006 and ID 100,100,816.6 million in 2007, thereby achieving a growth rate of 23.6 per cent during the period 1998–2007. The gross national income per capita amounted to ID 661,326 in 1998 and rose in subsequent years to ID 2,926,339 in 2006 and ID 3,372,433.0 in 2007, thereby achieving a growth rate of 20 per cent during the period 1998–2007.

29. The gross domestic product, as a measure of total economic activity, amounted to ID 41,022,927.4 million in 2002 and rose to ID 95,587,954.8 million in 2006 and ID 111,455,813.4 million in 2007, representing a growth rate of 33.5 per cent during the period 2002–2007. In 2007, trade in goods accounted for 64.7 per cent while distribution and service activities accounted for 14.2 per cent and 21.1 per cent respectively of the gross domestic product.

C. The impact of change on prices

30. Price indices, and especially the Consumer Price Index (CPI), constitute a useful indicator of socioeconomic changes. In general, the CPI declined during the 1990s as a direct result of the economic embargo imposed on Iraq in 1991. The political changes that took place after 2003 had an evident impact on all the socioeconomic variables. In spite of some major increases in the wages and salaries of civil servants, these did not keep pace with changes in global prices. An analysis of core consumer prices shows that, during the second millennium, they rose from 3,742.5 index points at 1993 prices to 6,943.5 in 2003 and continued to rise to 24,851.3 in 2008. Although the index rose by 30.8 per cent between 2006 and 2007, it rose by only 2.7 per cent between 2007 and 2008. It is noteworthy that, during the same period, the Food Price Index rose from 7,127.5 in 2006 to 9,120.2 in 2008. Food commodities constitute a major component of Iraqi per capita consumption and expenditure thereon accounts for a high percentage of consumption in comparison with other categories of goods. This is illustrated by the fact that expenditure on food accounted for 43.8 per cent of overall expenditure in 2002, rising to 46.3 per cent in 2005 and 51.9 per cent in 2007.

31. Iraq was one of the founding members of the Organization of the Petroleum Exporting Countries (OPEC). Although the Iraqi economy is largely dependent on petroleum, the production of which began in 1925, this does not constitute the country’s only resource.

Metric ton = 7.4 barrels (Central Organization for Statistics).

32. In 2007, the value of exported petroleum amounted to US$ 39,775.5 million and the value of associated gas amounted to ID 235,909 million (source: Ministry of Petroleum).

33. Agriculture, which used to be an important source of Iraq’s national income, was devastated during the last five decades in spite of the modest attempts that were made from time to time to revive it. The area of land under cultivation decreased to a large extent in all parts of the country, leaving behind hectares of desert wasteland which farmers had abandoned as a result of the misguided policies pursued by successive Governments in this agricultural country endowed with all the fertile land and water required for agriculture. In 2008, the agriculture, forestry, hunting and fishing sector accounted for ID 5,716,815 million (3.6 per cent) of GDP and the area of land afflicted with agricultural blights amounted to 1.4 million dunums (source: Plant Protection Agency).

34. The wars, migrations and widespread neglect that have devastated the agricultural, livestock and water resources sector constitute factors that have had a direct and severe impact, particularly on food security, insofar as Iraq has now become dependent on imports in order to meet its population’s food needs. The Iraqi Government is diligently endeavouring to rehabilitate this sector through various irrigation and development projects and, in order to remedy the grievous situation, is providing farmers with loans together with agricultural equipment and fertilizers at subsidized prices. For example, farmers are charged 200,000 dinars for a ton of urea fertilizer which is procured at a cost price of 550,000 dinars (global prices range from US$ 800 to US$ 1,000 per ton) and, in 2009, they were supplied with 237,898 tons of fertilizer.

35. Tremendous efforts are being made to overcome the drought crisis that is afflicting Iraq’s agricultural sector. A committee chaired by the Minister of Agriculture and comprising representatives of the Ministries of Water Resources, Petroleum and Electricity has been formed to take the decisions needed to mitigate the impact of the drought on farmers. An amount of around 200 billion dinars has been allocated to compensate farmers who have suffered losses due to the drought and large quantities of State-subsidized fodder have been supplied to stockbreeders. A national plan for the drilling of artesian wells, using the most modern drilling equipment, is also being implemented to remedy the water shortage that Iraq is facing.

36. The Ministry of Agriculture has provided special facilities for farmers to procure modern agricultural equipment and machinery on easy terms and they have even been supplied with such equipment and machinery at half price in order to enable them to overcome the drought crisis.

37. The electricity sector suffered severe damage during the second Gulf War in 1991 when some power stations were destroyed, thereby affecting production levels and reducing the period during which citizens enjoyed a power supply to less than 10 hours per day. This gave rise to a system of scheduled power cuts that forced citizens to rely on small electric generators. Iraq is currently producing about 6,700 MW while it actually needs 11,000 MW and this deficit necessitates power outages for an average of 12 hours per day.

38. The Iraqi Government is endeavouring to provide the propitious political, social and economic environment, characterized by peace and stability, that is a basic prerequisite for the accordance of sufficient priority to human rights in general and also to human development, including issues relating to food security and the eradication of poverty. The “International Compact with Iraq” initiative, which was designed to establish a new partnership with the international community, constitutes a commitment for the fulfilment of which a clearly defined governmental policy is required. The Compact, which seeks to achieve a national vision of Iraq that will further the cause of peace and socioeconomic and political development within a five-year period, focuses primarily on the establishment of a framework for Iraq’s economic transformation and reintegration in the regional and global economies. Sound governance and the resolution of security and political challenges are prerequisites for progress in all other areas, including economic revival and normalization. Through the International Compact with Iraq, the Iraqi Government, in collaboration with the international community, is expected to achieve a number of political objectives to further its national vision in the manner specified in the Compact and the joint monitoring system.

39. Although Iraq is an oil-rich country, its per capita income is low in comparison with neighbouring countries. The statistics indicate that 23 per cent of the country’s population are living below the poverty line, especially in rural areas, and the present social conditions herald an increasingly vicious cycle of poverty. Setting the poverty line at two and a half dollars per day produces misleading results and does not reveal the true nature of poverty and income disparities since these disparities can be observed not only between households and governorates but also between rural and urban areas. Cost-of-living indices must therefore be taken into account in order to determine the poverty line for any given society.

40. Decentralized governance is a method under which the Iraqi State is administered through a system of elected provincial (governorate) councils in a manner proportionate to the size of the population of each governorate. During the last provincial council elections held on 31 January 2009, a total of 14,431 candidates competed for 440 seats on the councils which appoint the provincial governors who supervise the local administrative management of their governorates and the funding and implementation of reconstruction projects. The number of persons who cast their ballots amounted to about 7.5 million, which represents a turnout of about 51 per cent of the total number of 14.9 million eligible voters in the 14 Iraqi governorates concerned, not including the three governorates of the Kurdistan Region (Arbil, Dahuk and Sulaymaniyah) and Kirkuk where it was decided to postpone the elections until further notice. These elections were supervised by the Independent High Electoral Commission, with support from the United Nations, and attended by about 800 international and thousands of local observers. They resulted in the election of 440 members of provincial councils and it is noteworthy that 25 per cent of these members were women, as indicated in the following table.

III. The effects of international economic and technical

assistance and cooperation (art. 2)

41. With regard to enjoyment of the right to work, numerous projects have been implemented in coordination with international organizations with a view to the award of grants on easy terms for the establishment of income-generating enterprises in order to improve living standards and provide formal and on-the-job training for the acquisition of skills needed to find employment opportunities in occupations matching labour market requirements. The trainees were paid allowances and a number of post-graduation jobs were also offered. These projects included:

(a) The Human Security Programme implemented in coordination with the International Organization for Migration (IOM) and with the participation of the Ministry of Displacement and Migration with a view to assisting the beneficiaries (displaced, unemployed and socially disadvantaged categories) in five governorates (Baghdad, Maysan, Kut, Diyala and Mosul);

(b) The Craft Industries Development Project implemented in coordination with the United Nations Industrial Development Organization (UNIDO) and with the participation of the Ministry of Agriculture for the benefit of unemployed persons in four governorates (Nasiriyah, Diwaniyah, Mosul and Al-Anbar);

(c) The Youth Employment Project in the governorate of Basra implemented in coordination with the UK Department for International Development (DFID) with a view to providing formal and on-the-job training for 500 unemployed young persons;

(d) The Al-Anbar Training Centre Equipment Project implemented in coordination with the Korean International Cooperation Agency.

42. With regard to the right to health, the Ministry of Health has received assistance to promote enjoyment of the right to health and improve the health situation through the construction, rehabilitation and equipment of health centres, the organization of training courses and the provision of technical assistance by international donor and United Nations organizations, including:

• The World Health Organization;

• UNICEF;

• International Relief and Development Inc. (IRD);

• The World Food Programme;

• The Korean International Cooperation Agency (KOICA);

• The Japan International Cooperation Agency (JICA);

• The United States International Development Agency (USAID);

• The World Bank.

43. The Ministry of Health in the Kurdistan Region has received assistance from a Japanese organization to open 12 maternity wards in the Region over a three-year period and to train 600 health and medical staff from the Health Departments in Arbil, Dahuk and Sulaymaniyah to work in delivery rooms.

44. With regard to the right to education, the Ministry of Education has received assistance to promote enjoyment of the right to education and improve the educational situation through the construction, rehabilitation and equipment of schools, the organization of training courses and the provision of technical assistance by international donor and United Nations organizations, including:

• The UNESCO project for the improvement and development of vocational and technical education, 2007;

• The UNESCO project for the eradication of illiteracy and the development of life skills, 2005;

• The UNESCO project for the promotion of secondary education, 2006;

• The UNESCO project for the introduction of information and communications technology (ICT), 2007;

• The UNESCO/ESCWA joint project for the promotion of civic values and life skills among Iraqi youth, 2009;

• The UNESCO accelerated distance learning programme, 2007;

• The UNESCO/UN-Habitat/UNICEF/WHO joint project to enhance Iraqi governmental capacities in the education sector and improve the educational environment in deprived areas of Iraq, 2008;

• The UNESCO/UNICEF joint two-phase education management information system (EMIS) project, 2004 and 2007;

• The UNICEF educational aids project, 2007;

• The UNICEF accelerated learning project, phase II, 2005;

• The UNICEF early childhood project, 2005;

• The UNICEF project to train teachers to provide protection and psychosocial care for children in emergency situations and crises, 2008;

• The UNICEF child-friendly school project, 2010;

• The UNICEF E-learning project, phase II, 2009;

• The UNICEF school atlas update project, 2008;

• The WFP school nutrition project, 2004;

• The WFP project to assist vulnerable categories in Iraq, 2010;

• The WFP school nutrition pilot project, 2009;

• The WHO health-promoting schools project, 2007;

• The WHO project to provide health-care services for young persons and adolescents;

• The United States Embassy’s education management (EMIS) project, 2005/06;

• World Bank loan projects:

• Emergency grant projects for the renovation and construction of schools;

• Project for the construction of 36 schools in the Marshes;

• The World Bank emergency TEEP grant for school construction, 2010.

• The South Korean (KOICA) project for the establishment of a database on preparatory education graduates, 2009;

• The South Korean (KOICA) project to improve the standard of services in selected schools in Baghdad;

• The Fund for Arab Economic Development:

• The first Kuwaiti grant projects, 2006;

• The second Kuwaiti grant project, 2009.

• The UNESCO/UNICEF ongoing joint project to complete a comprehensive evaluation of the education sector in Iraq.

45. The Ministry of Education in the Kurdistan Region of Iraq has received support and assistance from a number of donor organizations and countries, including UNICEF, UNESCO, the World Bank and USAID, to develop the skills, capacities and aptitudes of its personnel.

IV. Equality in regard to enjoyment of the rights set forth in

the Covenant (art. 3)

46. The principle of equality is guaranteed in part two of the Iraqi Constitution of 2005, article 14 of which stipulates that: “Iraqis are equal before the law without discrimination based on gender, race, ethnicity, origin, colour, religion, confession, belief or opinion or economic or social status.” Article 16 further stipulates that: “Equal opportunities shall be guaranteed to all Iraqis and the State shall ensure that the requisite measures are taken to this end.”

V. The right to work (art. 6)

47. Labour-related issues are addressed in the following legislative enactments:

• The Permanent Constitution of 2005;

• The laws referred to in Iraq’s third report on economic, social and cultural rights (E/1994/104/Add.9).

48. Iraq is a party to the following international conventions:

• Numerous international labour conventions, including the conventions concerning employment, the labour market, wages, human resources development, safeguards for the employment of working women, protection of indigenous populations, and holidays and rest periods (Conventions Nos. 1, 8, 11, 14, 16, 17, 19, 22, 23, 26, 27, 29, 30, 42, 77, 78, 80, 81, 88, 89, 92, 93, 94, 95, 98, 100, 105, 106, 107, 108, 111/1958 (concerning discrimination in respect of employment and occupation), 115, 116, 118, 119, 120, 122/1964 (concerning labour policy), 131, 132, 135, 136, 137, 138, 139, 140, 142, 144, 145, 146, 147, 148, 149, 150, 152, 153, 167, 172 and 182);

• The International Convention on the Elimination of All Forms of Racial Discrimination;

• The Convention on the Elimination of All Forms of Discrimination against Women.

Iraq also submits its reports to the competent committees in this regard.

49. Iraq’s employment policy is designed to involve labour in the process of developing the national economy in a manner conducive to the achievement of prosperity and better living conditions. Job seekers can find suitable employment opportunities in government agencies and in the private, mixed and cooperative sectors either directly or by registering with the employment offices attached to the Department of Labour and Social Security in the Ministry of Labour and Social Affairs with a view to obtaining a suitable job opportunity in the light of employers’ labour needs and the specifications that applicants are required to meet. The employment offices attached to the Department of Labour and Social Security (the administration responsible for labour in Iraq) constitute one of the principal means to monitor employment and labour market trends in Iraq in the light of the number of persons registered and recruited directly through these offices or by employers who subsequently notify the offices of such recruitment. The Department collects and analyses data on the employment situation and labour market trends and publishes these data in quarterly and annual reports. It also conducts periodic surveys of enterprises, the labour force and wages, as well as studies on the status of workers’ organizations, which it publishes and distributes to the authorities concerned including, in particular, the Planning Board.

50. It is noteworthy that there are no exceptions, discrimination, restrictions or differentiation in law, in administrative practice or in labour relations between persons on the basis of ethnicity, colour, gender, religion, political opinion, nationality or social circumstances.

51. Through its vocational training centres, the Department of Labour and Vocational Training trains apprentices and provides them with technical expertise in various fields with a view to meeting sectoral needs for specialized skills, raising the level of technical proficiency of skilled workers and improving their professional competence and productivity. The Department currently has 29 such centres.

52. The training available at the Ministry of Labour’s centres is intended not only to ensure a supply of workers professionally trained and qualified to enter the labour market in the various industries and occupations for which they have received specialized training, but also to provide the apprentices with basic know-how that can be assimilated and developed in accordance with the needs of industrial establishments in the various sectors. The vocational training policy is reviewed from time to time in the light of the labour market’s needs and any new trades and skills that it might require.

53. The relevant ministries and bodies are responsible for the provision and supervision of specialist training to meet the requirements of the national economy and market needs.

54. There is likewise no discrimination in respect of vocational orientation and training on the basis of ethnicity, colour, gender, religion or national origin since the Constitution of the Republic of Iraq, Labour Law No. 71 of 1987, Civil Service Act No. 24 of 1960 and other relevant enactments guarantee not only the right to work of every citizen capable thereof, but also the enjoyment by all citizens of equal conditions and opportunities without discrimination on grounds of gender, ethnicity, language or religion. Consequently, every citizen has the opportunity to receive vocational training within the limits prescribed by the State in the light of the volume and type of work in each occupational sector. Work is, moreover, a sacred duty that is ordained by honour and made necessary by the need to contribute to the furtherance of social development and prosperity (Labour Law No. 71 of 1987, art. 2, para. 3).

VI. The right to the enjoyment of just and favourable

conditions of work (art. 7)

A. Limitation of working hours

55. Article 55 of the current Labour Law No. 71 of 1987 limits daily working time to eight hours, subject to the following exceptions:

(a) In the case of work performed in two shifts and intermittent work, the worker is not required to be present at the workplace for more than 12 hours, with the number of hours of actual work still being limited to eight per day (art. 56).

(b) The number of working hours per day and per week are reduced for work which is physically demanding or harmful to health. Employers determine such types of work and the maximum number of working hours applicable to them in accordance with directives issued by the Ministry of Labour and Social Affairs on the basis of proposals made by the National Centre for Occupational Health and Safety (art. 57).

(c) Daily working hours are interspersed by one or more rest periods, totalling not less than 30 minutes and not more than one hour, to allow workers to eat their meals and to rest; these rest periods are scheduled by the employer in such a way that no uninterrupted period of work lasts more than five hours.

(d) In enterprises in which work must be performed without interruption due to technical reasons or the nature of the production or service concerned, workers have a right to one or more rest periods totalling at least 20 minutes (increased to 30 minutes in the draft new labour law).

(e) In work that is performed in two shifts, the rest period between them must be not less than one hour and not more than four hours (art. 58). The Law categorizes the nature of the work as:

(i) Daytime work, performed between 6 a.m. and 9 p.m.;

(ii) Nighttime work, performed between 9 p.m. and 6 a.m.;

(iii) Mixed-schedule work, performed during a period spanning daytime and nighttime hours; in such cases, the nighttime portion must not exceed three hours.

56. It is further stipulated that:

(a) The duration of nighttime work must not exceed seven hours;

(b) The duration of mixed-schedule work must not exceed seven and a half hours;

(c) In the case of work performed during the day and during the night on an alternating basis, workers may be put on the night shift for a continuous period of more than one month (in accordance with a proposed amendment, this text should read “may not be put”).

B. Overtime

57. The current Labour Law No. 71 of 1987 addresses this issue as follows:

(a) The working hours provided for in this Law may be extended in the occurrence or likelihood of an accident or in cases of force majeure or unavoidable emergency. The extension of working hours must be commensurate with the time required to remedy such situations (art. 62);

(b) The Law permits the employer to extend the prescribed working hours in the following eventualities:

(i) In order to cope with exceptional pressure due to public holidays or seasonal work;

(ii) In order to repair or maintain equipment, apparatus and machinery the shutdown of which might entail a stoppage of work or the layoff of a large number of workers;

(iii) In order to avoid damage to materials or products;

(iv) In order to conduct the annual inventory, draw up the balance sheet or prepare for a seasonal liquidation and the opening of a new season;

(v) Overtime must not exceed one hour per day in industrial shift work;

(vi) Overtime must not exceed four hours per day in industrial preparatory and finishing operations or in work of an exceptional nature;

(vii) Overtime must not exceed four hours per day in non-industrial work;

(viii) Overtime must not exceed 300 hours per year in any circumstances (para. 3 added to art. 63 in accordance with Act No. 17 of 2000 amending Labour Law No. 71 of 1987).

C. Calculation of overtime pay

58. Overtime is considered to be work performed during daily or weekly rest periods or in excess of daily working hours.

59. Overtime is payable at double the normal rate if it involves nighttime work or work that is physically demanding or harmful to health and at 50 per cent higher than the normal rate if it involves daytime work (art. 64, para. 2).

60. A worker who works on his or her weekly day of rest is entitled to a compensatory day of rest on a weekday.

D. Paid and unpaid leave

61. The current Labour Law addresses this issue as follows:

Annual leave

1. The worker is entitled to 20 days’ leave with pay in respect of every year worked.

2. A worker engaged in work that is physically demanding or harmful to health is entitled to 30 days' leave with pay in respect of every year worked.

3. The worker is entitled to proportionate leave in respect of any fraction of a year worked.

4. The employer may grant unpaid leave in cases of necessity if so requested by the worker.

5. The duration of the worker's annual leave is increased by two days after every five-year period of continuous service with the same employer (art. 68).

6. The employer must allow the worker to take the annual leave provided for in this Law in consecutive days (art. 69, para. 1, as modified by Act No. 17 of 2000 amending Labour Law No. 71 of 1987).

7. Annual leave may be split into periods, one of which must amount to not less than 14 consecutive days, if so required by the exigencies or interests of the work. In such a case, the balance of leave is taken, in a manner decided upon by mutual agreement, within a maximum of one working year (art. 69, para. 2).

8. The worker does not have the right to engage in any remunerative activity during periods of annual leave (art. 70).

9. Any agreement under which a worker partially or totally waives his right to take annual leave in return for compensation or for any other reason is deemed to be null and void (art. 71).

(a) The worker must be paid the wages due in respect of his period of annual leave at the time when the leave is granted;

(b) In the event of termination of employment for any reason, the wages due in respect of any days of annual leave not yet taken must be paid to the worker at the last wage rate applicable at the time of separation from service;

(c) Wages due in respect of leave accumulated by the worker under the terms of previous laws constitute a debt on the part of the employer and must be paid on the termination of the employment relationship (art. 72).

10. Maternity and obligatory leave with pay is taken from the date of cessation of work and for a period of not less than six weeks subsequent to the date of delivery as certified by the competent official bodies. In the event of a difficult delivery or multiple birth, up to nine months’ leave is granted following diagnosis by the official bodies.

(a) The times at which workers can take their annual leave are determined by the internal work rules. In the absence of such rules, or if they fail to make provision for the scheduling of leave, workers are entitled to take their annual leave by agreement with their employer;

(b) If a worker is found to have been deprived of annual leave during a working year because the employer refused to grant it, the worker must be paid the wage for that period of leave together with an indemnity equivalent to the amount of the said wage (art. 73);

(Note: The previous text of article 73 was annulled and replaced by the above text in accordance with Act No. 17 of 2000 amending Labour Law No. 71 of 1987).

(c) For the purposes of this and other laws, the period of paid annual leave taken counts as a period of remunerated service (art. 74);

(d) Workers are entitled to a period of rest with full pay on all the legally designated official holidays (art. 75);

(e) A worker may be required to work on official holidays, with the exception of the weekly day of rest, for any of the reasons specified in article 63, concerning overtime, of this Law (art. 76).

Sick leave

62. The current Labour Law No. 71 of 1987 addresses this issue as follows:

1. The worker is entitled to 30 days' sick leave, paid by the employer, in respect of every year worked.

2. The periods of sick leave to which the worker is entitled may be accumulated up to a maximum of 180 days.

3. If an insured worker exhausts all of his paid sick leave entitlement and remains uncured, he becomes subject to the provisions of the Workers’ Pensions and Social Security Act.

4. The Department of Pensions and Social Security is required to reimburse the employer for wages paid to the insured worker in respect of additional periods of sick leave not exceeding a total of 30 days per year (art. 77).

5. Sick leave is granted on the basis of a medical report drawn up by a medical body accredited to the employer or by an official medical authority.

6. For the purposes of this and other laws, the period of paid sick leave taken shall count as a period of remunerated service.

E. Measures to reconcile professional, family and private life

63. An examination of the legal stipulations concerning conditions of employment, overtime and paid and unpaid leave clearly shows that they enable workers to reconcile professional with family and private life.

VII. The right to form and join trade unions and collective bargaining mechanisms (art. 8)

64. Article 22, paragraph 3, of the Iraqi Constitution stipulates that: “The State guarantees the right to form and join trade unions and occupational federations in a manner that shall be regulated by law.” Article 46 of the Constitution further stipulates that: “Exercise of the rights and freedoms for which provision is made in this Constitution shall not be restricted or limited except by, or on the basis of, a law and with the proviso that such restriction or limitation must not affect the essence of the right or freedom.”

65. Article 6 of the current Labour Law No. 71 of 1987 stipulates that: “Trade union organizations shall play an effective role in the regulation of labour relations and in the protection of workers' rights and the development of their personalities and talents.”

The Trade Union Regulatory Act. No. 52 of 1987

66. Under the terms of articles 5, 11 and 17 of the Trade Union Regulatory Act No. 52 of 1987, 50 or more workers employed in a single trade or similar trades in one or more enterprises are entitled to establish a trade union committee; two or more trade union committees in any governorate have the right to establish a trade union for a single trade; and two or more trade unions have the right to form a trade union federation in the governorate. The provisions of this Act apply to workers in the private, mixed and cooperative sectors but not to public sector workers (Ordinance No. 50 of 1987). The Act stipulates as follows:

Article 4

The trade union committee shall constitute the basic unit of trade union organizations in Iraq.

Article 5

(a) Fifty or more workers employed by one or more enterprises in the trades specified in the ordinance referred to in paragraph (b) of this article shall be entitled to establish a trade union committee;

(b) The Minister of Labour and Social Affairs shall issue an ordinance classifying independent and closely connected or similar trades;

(c) For the purposes of this Law, “enterprise” shall mean any economic enterprise in the industrial, commercial and agricultural sectors.

Article 9

A trade union shall be an autonomous workers’ organization operating under the aegis of the State’s social system. It shall enjoy legal personality and financial and administrative independence to pursue its goals and shall be represented by the president of the trade union.

Article 10

(a) The trade union shall be the legal representative of its members in all labour relations between them and their employers and in all disputes concerning the application of the Act;

(b) The trade union shall represent the personal rights of the worker whenever so required;

(c) The trade union shall continue to represent the personal rights of the worker after his death unless his heirs refuse and prefer to exercise the decedent’s rights themselves.

Article 28

(a) Every worker over 18 years of age shall be entitled to join a trade union committee or a trade union but shall not have the right to join more than one trade union committee or trade union;

(b) The constituent assembly shall announce the establishment of the trade union in the various information media and shall invite persons working in the trade to join it. The president and members of the union’s executive shall be elected in the presence of a majority of the members of the trade union committees and the same shall also apply to the provincial and general trade union federations. The functions of the latter shall comprise:

(i) Activity planning, harmonization and integration;

(ii) Preparation of periodic reports on trade union and labour affairs;

(iii) Drawing up the annual balance sheet and final accounts;

(iv) Establishment of workers’ cultural, social and sports clubs;

(v) Issuance of directives concerning organizational procedures;

(vi) Assignment of trade union members to full-time trade union activities;

(vii) Regulation of the General Federation’s relations with Arab and international trade union organizations;

(viii) Issuance of periodic publications.

67. Part nine of Labour Law No. 71 of 1987 makes provision for collective bargaining mechanisms for the fulfilment of the mutual legal and contractual obligations of workers, represented by their trade unions and federations, and of employers, represented by the Iraqi Federation of Industries.

68. Through the Ministry of Labour and Social Affairs, the State is endeavouring to secure the adoption of a new draft labour law which has already been examined and discussed by the Advisory Council and which, hopefully, will be submitted to the Council of Ministers and, subsequently, to the Council of Representatives for adoption and promulgation so that it can be put into effect with a view to improving and developing production, providing practical guidelines for entrepreneurs and workers and achieving a balance between the two parties under the auspices of the Government which is seeking to safeguard the interests of both parties. Article 5 of the draft new labour law stipulates that freedom of employment shall be safeguarded; it shall not be permissible to restrict or deny the right to work; the State shall pursue a policy designed to promote full and productive employment and shall respect the basic principles and rights in this regard, including:

(a) Trade union freedoms and protection of the right to organize and to engage in collective bargaining (an entire chapter of the draft is devoted to trade union regulation and the new labour law, if adopted, will rescind the Trade Union Regulatory Act No. 52 of 1987);

(b) Ways to ensure that trade unions enjoy independence and freedom to organize their activities without interference, as well as the right to form federations and join international trade union organizations without the imposition of legal restrictions on the exercise of this right.

69. The Trade Union Regulatory Act No. 52 of 1987 stipulates as follows:

Article 9

A trade union shall be an autonomous workers’ organization operating under the aegis of the State’s social system. It shall enjoy legal personality and financial and administrative independence to pursue its goals and shall be represented by the president of the trade union.

Article 21

The General Federation of Trade Unions shall be the highest trade union authority and the leader of the trade union movement in Iraq, with responsibility to supervise and monitor the activities of the trade union organizations and the legality of their actions. It shall enjoy legal personality and financial and administrative independence and shall be represented by the President of the General Federation.

Article 27

The Executive Committee shall exercise the following functions:

...

(viii) Regulation of the General Federation’s relations with Arab and international trade union organizations.

70. With regard to collective bargaining mechanisms and their impact on the rights of workers:

(a) Article 22, paragraph 2, of the Iraqi Constitution stipulates that: “The relationship between workers and employers shall be regulated by law on an economic basis and with due regard for the principles of social justice”;

(b) The current Labour Law No. 71 of 1987 contains the following provisions:

(i) Part eight, chapter I (Settlement of Disputes; arts. 130–136) concerning collective disputes arising between workers and employers in one or more enterprises and affecting the common interests of workers;

(ii) Chapter II (Labour Courts; arts. 137–146) concerning the hearing before one or more labour courts of disputes between workers and employers.

71. The draft new labour law defines collective bargaining as “the conclusion between one or more trade union organizations and an employer, a group of employers or one or more employers’ organizations of agreements regulating working conditions, labour relations and terms of employment”. Part twenty of the draft law makes provision for collective bargaining and agreements by stipulating that trade unions and federations are competent to conclude collective agreements on behalf of their members if they are so authorized by the latter. Part twenty-one (arts. 156-162) deals with collective and individual labour disputes while part twenty-two, concerning labour courts, makes provision for the establishment of an appellate court and the designation of a representative of the trade union federation most concerned and a representative of the employers most concerned. This is exemplified by the following provisions:

Article 148

1. Trade unions and federations shall be competent to conclude collective agreements on behalf of their members if they are so authorized by the latter.

2. The parties conducting the collective bargaining shall consist of workers’ representatives and employers’ representatives.

Article 149

1. Collective bargaining may be conducted at any of the following levels:

(a) Enterprise;

(b) Sectoral/semi-sectoral or occupational;

(c) District or provincial;

(d) Any level that the parties deem appropriate for the conduct of their bargaining.

2. Collective agreements resulting from bargaining at enterprise level shall not include provisions less favourable than those included in agreements concluded at a higher level covering the same enterprise unless otherwise stipulated therein.

3. The Government of the Republic of Iraq is committed to protect the right to strike (which the Labour Law refers to as “stoppage of work”, synonymous with “strike”).

72. The draft new labour law further stipulates as follows:

Article 143

1. The trade union shall undertake the following functions:

(a) Representation of its members vis-à-vis employers and government agencies in all matters pertaining to the collective rights of workers and participation in bargaining and strike action;

Article 161

1. If steps taken to settle a dispute end without an agreement being reached, the trade union intending to take strike action shall send written notification thereof to the Ministry and to the other party not less than seven days prior to the time set for the said strike action.

2. Without prejudice to the stipulation contained in paragraph 1 of this article, it shall not be permissible to take strike action for the purpose of reviewing or amending the terms of a collective agreement.

3. The strike action must be peaceful.

4. During the strike action, the Ministry may convene a meeting attended by the parties with a view to settling the dispute. If either of the parties fails to attend the said meeting, it shall be liable to a fine of not less than 100,000 dinars and not more than 500,000 dinars.

5. This paragraph refers to restrictions that may be imposed on the exercise of this right in the public and private sectors and the manner in which they should be applied in actual practice.

73. Article 38 of the Iraqi Constitution stipulates that:

“The State shall guarantee, in a way that does not violate public order and morality:

(a) Freedom of all means of expression of opinion;

(b) Freedom of the press, printing, advertising, information and publication;

(c) Freedom of assembly and peaceful demonstration, which shall be regulated by law.”

74. Article 161 of the draft new labour law stipulates that: “The trade union intending to take strike action shall send written notification thereof to the Ministry and to the other party not less than seven days prior to the time set for the said strike action” (para. 1) and “the strike action must be peaceful” (para. 2).

75. Although the service sectors in which strike action is prohibited are not specified, article 3, paragraph 1, of the draft new labour law stipulates that the provisions of the law apply to:

(a) Workers on the payroll of government agencies and the public sector;

(b) Workers on contract to government agencies and the public sector;

(c) Workers employed in the private, mixed and cooperative sectors.

The right to strike in the current Labour Law No. 71 of 1987

76. Part eight, chapter I, of Labour Law No. 71 of 1987 recognizes the right of workers to stop work (synonymous with “strike”) as a last resort for the settlement of collective disputes. Articles 130–136 stipulate that such disputes may be settled by a work stoppage after compulsory referral to the judiciary since the employer has an obligation to implement a court ruling in favour of the workers and, if he refuses to do so, the workers have the right to stop work three days after receiving notification of the court ruling.

77. The post-2003 period witnessed changes that were reflected in trade union organization in Iraq. A number of trade union federations appeared on the scene after the fall of the totalitarian dictatorial regime and it therefore became necessary to conduct trade union elections. To this end, the Ministry of State for Civil Society Affairs formed a preparatory committee to organize these elections under safe and stable conditions in order to ensure fair and honest competition by the full trade union spectrum in all economic sectors in a manner consistent with the mechanisms laid down in international and Arab labour standards for the democratic election of trade union leaders.

Remuneration and occupational safety

78. Iraq is a party to the following International Labour Conventions:

• Minimum Wage Fixing Convention, 1970 (No. 131);

• Equal Remuneration Convention, 1951 (No. 100);

• Weekly Rest (Industry) Convention, 1921 (No. 14);

• Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106);

• Holidays with Pay Convention (Revised), 1970 (No. 132);

• Labour Inspection Convention, 1947 (No. 81).

Iraq submits reports to the Committee of Experts on the Application of Conventions and Recommendations in conformity with article 22 of the ILO Constitution.

A. Remuneration

79. The Labour Law currently in force guarantees the worker’s receipt of remuneration sufficient to meet his basic needs, enable him to support his family and afford him opportunities to enjoy the fruits of any economic progress achieved. Articles 4 and 46 of the said Law specify the following factors on the basis of which remuneration is assessed:

(a) The type of work performed by the worker, whereby remuneration is linked to production.

(b) Equal pay for work of equal type and quantity performed under similar conditions.

(c) Pay protection, which guarantees that no amount of pay is deducted unless so required by law, bearing in mind that the worker should always retain an amount of pay that enables him and his family to enjoy an acceptable standard of living. When assessing remuneration, account is taken of the minimum laid down by the committee responsible for proposing the minimum wage for unskilled workers.

80. With regard to the minimum wage system, there is a fixed wage for unskilled workers which applies to workers in all sectors covered by the provisions of Labour Act No. 71 of 1987 and compliance therewith is monitored by inspection boards. The wage is fixed by agreement between worker and employer and is specified in the contract of employment. The employer is required to keep a record containing details of the worker’s wages and any deductions therefrom and this record is subject to control by labour inspectors.

81. Allowances and bonuses are regarded as supplemental remuneration in the following instances:

(a) If their payment is provided for by law or in the contract of employment or the internal work rules.

(b) If their payment has been universal and consistent practice for a period of not less than three years. Percentages of sales and profits agreed upon in contracts of employment are also regarded as supplemental remuneration (arts. 43 and 44 of the current Labour Law). In addition to the worker’s normal wage, allowances and bonuses, remuneration also commonly includes food, transport, clothing and inconvenience allowances.

82. The remuneration of workers employed in government agencies and the public sector includes various allowances depending on the nature and conditions of the work, as well as the type of specialization, as specified in the Civil Service Act, decisions of the State’s legislature and institutional staff rules.

B. Occupational safety conditions

83. The legal and administrative provisions concerning minimum occupational safety conditions are as follows:

• Public Health Act No. 89 of 1981;

• Labour Law No. 71 of 1987;

• National Occupational Health and Safety Commission Act No. 6 of 1988;

• Ionized Ray Protection Act No. 99 of 1980;

• Decree No. 552 of 2 May 1981, promulgated by the (dissolved) Revolutionary Command Council, establishing the National Occupational Health and Safety Centre;

• Health Protection in the Workplace Regulation No. 74 of 1968;

• Directives issued pursuant to Public Health Act No. 89 of 1981;

• Directive No. 5 of 1982 concerning rules for the issuance of health licences;

• Directive No. 2 of 1982 concerning the monitoring of occupational exposure to carcinogenic chemical substances;

• Directive No. 6 of 1986 concerning the monitoring of occupational exposure to askarel fluid (mineral oil);

• Directive No. 4 of 1987 concerning the handling of asbestos;

• Directive No. 4 of 1989 concerning the safe storage and handling of chemical substances;

• Directive No. 2 of 1990 concerning occupational exposure in the manufacture, handling and storage of insecticides;

• Directives issued pursuant to Labour Law No. 71 of 1987;

• Occupational Health and Safety Directive No. 22 of 1987;

• Directive No. 19 of 1987 concerning types of work in which the employment of juveniles is prohibited;

• Directive No. 4 of 1988 specifying types of work that are physically demanding or harmful to health;

• Directive No. 7 of 1992 concerning environmental hazards in the workplace.

84. The legislative provisions concerning occupational health and safety precautions apply to all workers and to workplaces employing one or more workers.

85. The number of occupational injuries recorded in the private, mixed and cooperative sectors in 1993 amounted to 129, of which 27 were fatal, as compared with 427 such injuries in 1988, 358 in 1989 and 429 in 1990. The decrease in the number of occupational injuries recorded in 1993 as compared with previous years is attributable to the reduced number of workers employed after 1990 by enterprises in the public, mixed and cooperative sectors covered by the provisions of Labour Law No. 71 of 1987 due to the circumstances of the economic embargo.

C. Equal opportunity

86. With regard to equal opportunity, article 4, paragraph 2, of the current Labour Law makes provision for equal pay for work of equal type and quantity performed under similar conditions.

87. Under Iraq’s labour legislation, men and women are equal in all fields of work. This includes equal pay and equal employment, vocational training and promotion opportunities. This legislation also guarantees special protection for women workers insofar as it is prohibited to employ women in work that is physically demanding, harmful to health or performed at night (except in administrative jobs and health and leisure services) and pregnant women cannot be required to work overtime.

88. Working women are entitled to maternity leave of 72 days with full pay which may be extended to nine months in the event of difficult delivery. Under the labour legislation, female workers may also be granted childcare leave of one year, as well as a period of up to one hour during the working day for the purpose of breastfeeding, and the employer is required to grant special rest periods to his female workers in accordance with the requirements of the work (arts. 80–89 of the current Labour Law).

D. Rest, working hours and paid leave

89. The current Labour Law sets working hours at eight hours per day while stipulating that, in cases in which the work is physically demanding or harmful to health, daily and weekly working hours must be reduced in accordance with directives issued by the Minister of Labour and Social Affairs. Night work must not exceed seven hours, or seven and a half hours in the case of combined day and night work, and the working hours of juveniles must not exceed seven hours per day (arts. 55, 57, 59 and 92 of the current Labour Law).

90. Working hours are interspersed with one or more eating and rest periods of not less than half an hour and uninterrupted working time must not exceed five hours. The rest period in types of work that span two mealtimes ranges from one to four hours (art. 58 of the current Labour Law).

91. With regard to weekly rest, overtime and leave and official holidays with pay, the following should be noted:

(a) The worker is entitled to a weekly rest of not less than one day (art. 60, para. 1, of the current Labour Law);

(b) The Labour Law permits an increase in the hours prescribed therein in the following cases:

(i) In the occurrence or likelihood of an accident or in the event of force majeure or unavoidable emergency, in which the extension of working hours must be commensurate with the time required to cope with such situations (art. 62 of the current Labour Law).

(ii) The employer may increase the working hours prescribed in the provisions of the current Labour Law in order to cope with exceptional pressure due to public holidays or seasonal work, etc; in order to repair or maintain equipment, apparatus and machinery the shutdown of which might entail a stoppage of work or the layoff of a large number of workers; in order to avoid damage to materials or products; or in order to conduct the annual inventory. However, overtime must not exceed one hour in industrial shift work or four hours in industrial preparatory and finishing operations, work of an exceptional nature and non-industrial work. Overtime is paid at double the rate for the legally prescribed hours if it involves nighttime work or work that is physically demanding or harmful to health and at a rate 50 per cent higher than the normal rate if it involves daytime work.

92. The worker is entitled to 20 days’ leave with pay, or 30 days’ leave with pay if the worker is a juvenile or engaged in work that is physically demanding or harmful to health, in respect of every year worked and the duration of the worker's annual leave, which is taken in consecutive days, is increased by two days after every five-year period of continuous service with the same employer. The worker may be granted extra leave without pay if he so requests (arts. 67, 68, 69 and 93 of the current Labour Law).

93. Workers in government agencies and the public sector are entitled to 36 days’ annual leave (art. 43 of Civil Service Act No. 24 of 1960).

VIII. Social security (art. 9)

94. The issue of social categories not covered by the Pensions and Social Security Act is addressed by the Social Welfare Act No. 126 of 1980. Moreover, article 30 of the Iraqi Constitution of 2005 stipulates that:

“1. The State shall guarantee to the individual and the family, and especially to children and women, social security and social insurance and the basic requirements needed to live a free and decent life in which they enjoy a suitable income and appropriate housing.

“2. The State shall guarantee social security and social insurance to Iraqis in cases of old age, sickness, incapacity for work, homelessness, orphanhood or unemployment. It shall seek to protect them from ignorance, fear and want and shall provide them with housing and special care and rehabilitation programmes in a manner that shall be regulated by law.”

95. In the light of its strategic goals and constitutional principles, as well as past results and present developments, the Government decided to continue the implementation of earlier programmes while, at the same time, introducing new programmes (protection network) to supplement the provisions of the Social Welfare Act No. 126 of 1980. These programmes make provision for:

(a) Payment of pensions and family benefits to employees of government agencies covered by the Social Welfare Act No. 126 of 1980 (Family Welfare Fund);

(b) Support for poor, destitute and vulnerable families through the granting of network assistance to:

(i) Households with low or no income living below the poverty line;

(ii) Persons totally unable to work due to sickness or old age. A monthly benefit of 50,000 dinars is paid to severely disabled persons, quite apart from the services provided by units of the Department for the Welfare of Persons with Special Needs, in addition to the categories already covered by the current Social Welfare Act No. 126 of 1980, namely, widows and divorcees with a minor or disabled adult child totally incapacitated from work and living with them (if they marry, their child remains entitled to the social benefit unless, in the case of a minor, the child’s custody is transferred to the father, whereas a disabled adult child continues to receive the benefit).

(iii) Orphaned minors.

(iv) Blind persons, regardless of any other benefits received by their families.

(v) Quadriplegics.

(vi) Students pursuing their studies up to the first university level who do not have a provider responsible for their maintenance.

(vii) Families of detainees and prisoners, provided that the length of their sentence exceeds one year and the judgement is final.

96. The amount of the monthly benefit paid to households is as follows.

97. The Ministry of Labour and Social Affairs is aiming to develop the services of the social protection network by drawing up a bill of law thereon and endeavouring to maintain the real value of the benefits payable by monitoring the rates and effects of inflation and seeking financial means to shore up the benefits in the light of the indices and the results of studies conducted by the Ministry and other bodies concerned. To this end:

(a) The network is constantly checking and monitoring its coverage in order to ensure that its benefits are paid to persons entitled thereto in accordance with the regulations and the smart card system has been used to exclude persons whose entitlement has not been established;

(b) The World Bank is helping the network to procure the equipment and machines needed to process data, print beneficiary identity cards, train staff and ensure network interlinkage between Baghdad and the provinces.

Emergency social protection network project

98. On 3 June 2006, the Ministry of Labour and Social Affairs signed a contract with the World Bank for the implementation of an emergency social protection network project comprising:

(a) Development of the protection system through:

(i) Installation of information technology systems, equipment and devices to further the social protection network’s programmes;

(ii) Establishment of a basic data infrastructure in the Ministry of Labour and Social Affairs, including development of a databank on the network’s beneficiaries;

(iii) Introduction of a monitoring and evaluation system for the protection network’s programmes modelled on the central management information system (MIS).

(b) Establishment of a technical assistance and training section to help the staff of the Ministry of Labour and Social Affairs to develop efficient protection network policies and programmes through:

(i) Capacity building in data monitoring and analysis;

(ii) Design of sustainable protection network programmes capable of verifying financial benefit entitlements;

(iii) Formulation of appropriate goal-oriented options.

99. The annual budgetary appropriations for the operation of the network since its inception are shown in the following table.

100. It is noteworthy that the State has formulated a national poverty reduction strategy that characterizes poverty in Iraq as follows.

(a) National poverty line

101. The poverty reduction strategy, which was published by the Central Organization for Statistics and Information Technology in collaboration with the World Bank and adopted by the Council of Ministers in November 2009, indicated that 22.9 per cent of the population, i.e. about 6.9 million Iraqis, were living below the poverty line.^[1]

102. The poverty gap index^[2] in Iraq is estimated at 4.5 per cent, which implies that the consumption of the majority of the poor is very close to the poverty line and a relative improvement in their incomes or an increase in their share of government expenditure on public services could rescue them from poverty. However, the size of the gap differs considerably between the various governorates.

103. The headcount ratio method based on average per capita expenditure also indicates that the majority of the population are living close to the poverty line and very few of them are far from that line. This means that a large proportion of those who, although not classed as poor, are close to the poverty line would probably fall below it in the event of a decline in their incomes (loss of employment, loss of provider, sickness of a family member, etc.) or an increase in their consumption needs.

(b) High rates of poverty in rural areas

104. There is a disparity in poverty rates between rural and urban areas. The fact that 70 per cent of the population live in urban areas while half of the total number of the poor are concentrated in rural areas shows that rural socioeconomic conditions constitute a povertygenerating environment. To a certain extent, this is attributable to the higher fertility rate insofar as average annual population growth amounts to 3.5 per cent in rural areas as compared with 2.7 per cent in urban areas.

105. The economic activities of the rural poor consist mainly in agriculture, fishing and forestry (56 per cent), building and construction (14 per cent) and occupations not requiring high levels of skill and education, such as handicrafts (17 per cent) and primary occupations (15 per cent). Fifty-six per cent of the workers over 10 years of age, most of whom are female, are unpaid and around two thirds of them are classed among the two poorest categories.

(c) Interprovincial poverty disparities

106. Poverty rates and the poverty gap differ from one governorate to another. While more than 40 per cent of the population of some governorates are classed as poor (49 per cent in Al-Muthanna; 41 per cent in Babil; 40 per cent in Salah ad-Din), the proportion living in poverty in other governorates, such as those in the Kurdistan Region, declines to less than 10 per cent. Governorates with high poverty rates also tend to have larger poverty gaps. Moreover, 13 per cent of the poor are living in the governorate of Baghdad alone and about 11 per cent in the governorate of Basra. The rural poverty rate is highest in the governorates of Al-Muthanna (75 per cent), Babil (61 per cent) and Wasit (60 per cent).

(d) Disparities in household income and expenditure

107. There is a considerable disparity in expenditure, and an even greater disparity in income, between poor and non-poor households. According to the available data, the richest fifth of all households receive 43 per cent, while the poorest fifth receive 7 per cent, of total income at the national level. The disparity in expenditure appears to be less acute insofar as the richest households account for 39 per cent, while the poorest households account for 9 per cent, of total household expenditure.

108. On applying the Gini coefficient, which is the one most commonly used to measure inequalities, we find that the degree of inequality between rich and poor in Iraq is low in comparison with other countries. In fact, when we compare the Gini coefficient for Iraq with the corresponding values for 128 other countries on which such data is available, we find that Iraq (with a coefficient of 0.309) ranks 18th in numerical sequence.

(e) Weak correlation between poverty and unemployment

109. The data provided by the socioeconomic survey of Iraqi households conducted in 2007 shows a weak correlation between poverty and unemployment. While the poverty rate amounted to 39 per cent in rural areas and 16 per cent in urban areas, the unemployment rate was found to be 13.36 per cent in rural areas and 15.17 per cent in urban areas, thereby indicating the probability that poverty is correlated to the low level of the productivity and, in consequence, the employment income of the workers constituting 89 per cent of the rural workforce. Poverty appears to be more closely related to the high fertility rate and the socioeconomic characteristics and environment in rural areas. This is also indicated by the low rate of economic participation insofar as 57 per cent of the population, and 87 per cent of women, of working age are not engaged in economic activity; i.e. are neither working nor seeking employment. However, the correlation between poverty and underemployment cannot be denied since the results of the employment survey of 2008 showed a high rate of underemployment (23 per cent among males, 53 per cent among females, 21 per cent in urban areas and 43 per cent in rural areas) due to the small number of hours worked by the population over 15 years of age.

Challenges facing the implementation of the poverty reduction strategy

(a) Mitigation of the adverse impact of economic reform on the poor

110. The Iraqi Government has been endeavouring to apply a market economy system since 2003 and, to that end, has implemented a package of reforms that led to a notable improvement in real personal incomes due to the Government’s success in controlling inflation rates and stabilizing the value of the local currency. However, some of these reforms have had adverse effects on the poor. By way of example, the policy of reducing government subsidization of petroleum products led an increase in average monthly household expenditure on housing, water and fuel from 13 per cent in 1993 to 29 per cent in 2007 and doubled the proportion of monthly household expenditure on transport from 5 per cent to more than 10 per cent during the same period due to the rise in fuel prices. Hence, action was needed to protect the interests of the poor and reduce the adverse effects of those reforms on their living standards and one of the most significant measures actually taken in this regard consisted in the introduction of the social protection network system which was put into application with effect from 2006.

(b) The need to ensure security and stability

111. Although bad security conditions have an impact on the population as a whole, their impact is felt most severely by the poor due to their low ability to cope with such conditions and all that they entail by way of loss of opportunities to earn an income, higher prices, scarcity of commodities and difficulty of access to basic services. Loss of jobs and financial resources obviously has an adverse effect on the poor. However, it is equally obvious that the possibility of poverty reduction will remain limited as long as insecurity is increasing and producing socioeconomic conditions that are far from conducive to the achievement of human security.

(c) The need to ensure sound governance

112. In order to create an appropriate environment for the implementation of the strategy, the Government needs to assign top priority to sound governance through the establishment of a State with strong institutions, proper economic management, better public administrative performance and endeavours to combat corruption, as well as other measures to ameliorate the political, economic and social structure, increase governmental efficiency, improve decision and policy-making mechanisms and consolidate and develop institutions that promote economic growth.

Age of retirement

113. On separation from service, an insured worker is entitled to a retirement pension in the following circumstances:

(a) On reaching the age of 60 (55 in the case of a woman) after being insured for a minimum of 20 years;

(b) If the worker dies during his period of insured service after being duly registered and provided that all his contributions have been paid prior to his death, regardless of the length of his service or the amount of the contributions paid;

(c) If the worker has not less than 30 years of insured service (25 years of insured service in the case of a woman).

Sick leave and health care

114. Sick leave is granted on the basis of a medical certificate issued by a competent physician accredited to the worker’s employer or by one of the Department’s medical staff. Such certificate must be issued at the onset of the illness or within the first eight days subsequent thereto.

115. The employer is required to pay the worker his full wages in respect of each period of up to eight days’ sick leave totalling not more than 30 days in any single working year. In the event of sick leave exceeding this maximum of 30 days, the Department of Pensions and Social Security pays to the sick insured worker a benefit amounting to 75 per cent of his average wage during the three preceding months, but not less than the minimum wage applicable to the worker’s occupation, and continues to provide the worker with full health care and treatment provided that, in such cases, the medical certificates are issued by a medical body accredited to or approved by the Department.

116. If the worker fails to recover his health, the said sick leave benefits continue for a maximum period of six months. In the event of his illness being incurable, he is awarded a full disability pension. If his disability is only partial, he is awarded a pension calculated on the basis of the full pension multiplied by the percentage of his disability and he continues to receive medical care until his condition stabilizes.

117. If the illness is of an occupational nature, the worker is entitled to all the requisite care and treatment until his recovery, as well as sick leave on full pay, the cost of which is borne by the Department of Pensions and Social Security from the first day of his leave until his recovery.

118. If he fails to recover after the maximum sick-leave period of six months, the worker is entitled to a pension proportionate to the disability as assessed by the competent medical board. If the illness persists after his full recovery from a disability equivalent to 35 per cent or more of full disability, the worker is awarded a partial pension based on the percentage of his partial disability multiplied by the full pension.

119. In the event of an incurable or malignant disease, the medical board may decide to extend the worker’s sick leave up to a maximum period of one year, after which he is deemed to be disabled.

Categories entitled to social security under the terms of the Pensions and Social Security Act No. 39 of 1981

120. At the present time, the Act applies to workers in the private, mixed and cooperative sectors provided that they are employed by enterprises covered by the social security legislation and which pay on their behalf the social security contributions stipulated in the following sections of the Pensions and Social Security Act No. 39 of 1987:

(a) Health insurance, under which the worker enjoys health care, treatment, clinical examination and sick-leave benefits in accordance with the limits prescribed in the Pensions and Social Security Act.

(b) Occupational injury insurance, under which the Department is responsible not only for the care and treatment of the injured person from the time when it is notified of the accident until his recovery or death, but also for the payment of injury-leave benefits throughout the duration of the treatment. If the worker’s injury results in full disability or death, he or his successors are awarded a full injury pension. If the injury leaves the worker with a partial disability, he is awarded a partial disability pension in the manner prescribed in the Act.

(c) Pension entitlement, under which the worker receives a pension if he completes the period of service prescribed in the Act or reaches old age after completing a specific period of service or if he dies while in service. If he fails to fulfil the conditions for the award of a pension, he is awarded an end-of-service gratuity.

Funding of services

121. This section covers the funding of direct and indirect social services for workers, including financial grants on the occasion of a marriage, a death, a birth or sickness, etc.

Financing of social security

122. The Department of Pensions and Social Security meets the costs of social security from its own revenues derived from social security contributions and financial investments.

Social security prior to 2003

123. The State was confronted with the problem of inflation that arose during the economic embargo and resulted in the inadequacy and erosion of pensions and the impoverishment and indigence of their recipients. During and after 2003, the State began to make emergency payments of US$ 40–60 to retired workers in accordance with the Labour Law and the Pensions and Social Security Act. These payments were based on the average civil service pensions calculated by the Public Pensions Department responsible for the administration of the personnel affairs of retired civil servants. These payments were subsequently increased to 90,000 dinars per month for a retired worker and, in 2004, the Government issued a schedule providing for the payment of monthly pensions of 100,000 to 125,000 dinars, depending on the worker’s service records and the number of his family members. These payments were subsidized from the government budget due to the inability of the workers’ pension fund to meet its obligations in view of the high rates of inflation and the declining value of its various investments. The government budget covered the deficit during the period 2003–2010, after which the social security revenues were assigned to the State in order to ensure a decent standard of living for insured workers and prevent their impoverishment. Ongoing endeavours are being made to update the legislation and develop the social security services. The Social Security Act No. 21 of 2007 amended the previous Act in such a way as to cover enterprises employing one or more workers and a draft new pensions and social security act that has been drawn up in a manner consistent with recent developments and human rights norms is designed to extend social security coverage to own-account workers as well as persons working for others in order to achieve universal social protection, ensure adequate benefits, meet the ongoing requirements of workers’ pension schemes, improve their revenues and develop their investments.

124. The following categories do not enjoy the right to social security under the Pensions and Social Security Act No. 39 of 1971:

• Foreign workers employed in diplomatic missions;

• Domestic workers and persons of equivalent status;

• Casual and seasonal workers employed for a period not exceeding six months;

• Workers engaged in agriculture and animal husbandry;

• Own-account workers.

125. The draft pensions and social security act addresses the question of social security coverage of the above categories and measures in this regard will be taken as soon as the draft is adopted.

IX. Protection of the family (art. 10)

126. The Personal Status Act No. 188 of 1959 regulates the contracting of a marriage between a man and a woman and guarantees the rights of both parties. No marriage can be lawfully contracted without the consent (through offer and acceptance) of the two parties, both of whom are required to possess legal capacity and to have reached the legally stipulated minimum age (arts. 3–7 of the Act).

127. In Iraq, the concept of the family is defined in the light of the Islamic sharia, the Sunna of the Prophet and the teachings of other religions sanctifying the term “family”, as well as the social customs and traditions constituting the system of moral values in Iraqi society. The Ministry of Labour and Social Affairs is endeavouring, within its terms of reference, to protect and promote the role of the family and strengthen its cohesion by catering for its welfare and supporting it in accordance with the Social Welfare Act and the social protection network in the manner specified above in connection with article 9 of the Covenant. The term “family” is generally understood to mean the fundamental unit of society and the natural environment for the development and welfare of all its members, and especially children, as stated in part II, article 11, of the Social Welfare Act No. 126 of 1980.

A. Child welfare

128. Child welfare, which constitutes the cornerstone for the development of human resources, falls within the jurisdiction of the Ministry of Labour and Social Affairs, which has assigned responsibility therefor to the Child Welfare Commission chaired by the Minister of Labour and Social Affairs and including among its members representatives of the ministries concerned (Ministry of Labour and Social Affairs, Ministry of Health, Ministry of Culture, Ministry of Planning, Ministry of State for Women’s Affairs, Ministry of Foreign Affairs, Ministry of Justice, Ministry of the Interior, Ministry of the Environment and Ministry of Human Rights). The Commission’s chairman has the right to nominate two competent experts as members and to invite representatives of the Iraqi Red Crescent Society and the Family Planning Society to attend meetings of the Commission so that their views can be heard. The Commission, which reports directly to the Prime Minister in his capacity as the supervisor of its work vested with authority to approve the minutes of its meetings, is currently in the process of drafting a national strategy for children. The Commission’s work focuses on:

• Orphaned children;

• Children deprived of a family environment;

• Disabled children.

129. The Department for the Welfare of Persons with Special Needs provides services for this category, in accordance with the Social Welfare Act No. 126 of 1980, through the following facilities.

B. State hostels

130. State hostels are social institutions that provide shelter and cater for the welfare of infants, children and juveniles suffering from family disintegration or loss of one or both parents. They offer a safe haven to compensate for the family affection that has been lost and to dispel any potential feeling of inferiority. These hostels take in persons from 1 day to 18 years of age who have lost their homes as a result of family breakup, death, disability, detention, imprisonment or loss or lack of legal capacity, in addition to children of unknown parentage. Their inmates are provided with free food and clothing, pocket money and all their other health, educational and recreational requirements in collaboration with governmental and non-governmental bodies such as the Ministries of Education, Health, Youth and Culture and the competent civil society organizations which endeavour to render the highest standard of service. The hostels enrol their inmates for the various forms and stages of education in accordance with their age groups and endeavour to further their physical, spiritual, social and intellectual development in a normal manner and under conditions characterized by freedom and dignity in order to ensure the integral development of their personalities by making them feel loved and understood and by providing a caring environment in which they enjoy a sense of security from the material and moral standpoints. The State has a total of 23 such hostels.

Services and programmes available to the inmates of State hostels

131. The State hostels provide their inmates with all the facilities needed to develop their aptitudes and capacities through the organization of training, cultural, arts, sports, leisure, health and educational programmes, as well as various games appropriate to their age group. The hostels also organize excursions and tours and, in collaboration with the abovementioned bodies, offer inmates in the 16–17 age group a variety of vocational and technical training programmes in various trades prior to their departure from the hostel, particularly if they are not enrolled for further education. The programmes for first-grade students (up to 8 years of age) are tailored to their stage of intellectual and physical development and the components of the common activities programme for subsequent grades is also designed in a manner consistent with their age group.

132. The common activities programme for boys and girls in the 12–18 age group is based on the social welfare policy of the State hostels, the real purpose of which goes far beyond the provision of shelter and meeting the material and educational needs of their young inmates. In fact, the State hostels constitute a substitute not only for the family but also for the small community consisting in a residential area or neighbourhood with its own particular social relationships and largely independent internal activities quite apart from its relationships with the larger external community. The hostels therefore need to be a successful substitute from the standpoint of social education. In order to accurately illustrate humanitarian concepts and positive relationships, the hostels’ programmes need to cover all the various aspects of life as far as possible in a truly democratic manner that allows the inmates a certain amount of freedom to develop a positive personality and rid themselves of the feeling that they are passing through a temporary phase; they should be made to feel that the time spent in the hostel is both fruitful and enjoyable. In each hostel, the common activities programme is supervised by the following committees.

The Social Committee

133. This committee undertakes the following functions:

(a) Maintenance of harmonious social relations within the hostel and with external bodies;

(b) Organization of excursions and visits to recreational areas, historical sites and museums in order to familiarize the participants with the country’s various provinces;

(c) Organization of soirées, as well as celebrations and festivals on the occasion of national and religious holidays and commemorations;

(d) Recording the hostel’s activities, celebrations and excursions through photographs and films taken by its photographers.

The Cultural Committee

134. This committee’s functions are as follows:

(a) Internal announcements, internal broadcasting, supervision of material posted on noticeboards, distribution of daily newspapers and broadcasting of articles therefrom;

(b) Organization of literary (poetry and prose) competitions and encouragement and development of the literary talents and aptitudes of inmates;

(c) Holding of cultural symposiums in which lectures are delivered by experts in literary, cultural and religious fields.

The Arts Committee

135. This committee’s function is to cater for the artistic and musical requirements of the inmates in a manner consistent with their propensities.

The Sports Committee

136. This committee is responsible for the formation and training of teams to play various sports.

137. Each of the above-mentioned committees consists of a sociologist, who acts as chairman, together with three inmates and a specialized member of the hostel’s staff.

138. The Common Activities Committee, chaired by the hostel’s director and comprising the chairmen of the four above-mentioned committees, undertakes the following functions:

(a) Coordination and scheduling of the committees’ activities;

(b) Provision of the requisites and resources needed for the committees to fulfil their functions;

(c) Award of prizes to students making outstanding academic achievements;

(d) Supervision of the hostel’s scientific group (the group excelling in any of the applied sciences such as electrical or mechanical engineering, etc.), meeting the group’s requirements and exhibiting its products.

The Physical Disability Centre

139. The Physical Disability Centre, which has 34 administrative subunits in Baghdad and the provinces, supervises the activities of the following institutes:

(a) Twenty-two institutes for the deaf and dumb, of which seven are in Baghdad and 15 in the provinces (one in each governorate with the exception of the Kurdistan Region);

(b) Nine institutes for the blind, of which five are in Baghdad and the other four in Ninawa, Basra, Najaf and Diwaniyah respectively;

(c) Two institutes for persons with physical or motor disabilities, both of which are in Baghdad.

(d) Five vocational rehabilitation institutes, of which two are in Baghdad and the other three in Ninawa, Basra and Kirkuk respectively.

In accordance with Directives Nos. 4–6 of 1992 issued pursuant to the Social Welfare Act No. 126 of 1980, these institutes are regarded as socio-educational institutions and they differ from the institutes for the mentally disabled insofar as the Ministry of Education’s primary and intermediate curricula are applied in the institutes for the physically disabled while only the primary curriculum is applied in the institutes for the blind and also, on an experimental basis, in the institutes for the deaf and dumb in order for them to obtain the certificate of primary education. This system is currently being reappraised by a joint ministerial committee established by the Ministry of Labour and the Ministry of Education. The basic aim of the institutes for the physically disabled is to provide education and facilitate the social integration of disabled persons through the exercise of their natural right to education and employment opportunities in order to improve their standard of living, incorporate them in the labour force and utilize their capacities in a manner that benefits society. Art, recreational and sports programmes are also organized for them.

The Mental Disability Centre

140. The Mental Disability Centre takes in mentally disabled children from 6 to 15 years of age and caters for all categories of mental disability (minor, moderate, intermediate, Down’s syndrome and autism). The Centre supervises 17 State-run institutes, of which six are in Baghdad and 11 in the provinces, and children are referred by the Disability Diagnostic Centre to the institute nearest to their place of residence. The main function of these institutes is to provide educational, health, sociological and transport services and organize artistic and sports activities.

The Workshops and Cooperatives Section

141. Disabled producers’ workshops and cooperatives integrate disabled persons in society by utilizing their production capacities in forms of employment consistent with their intellectual and physical aptitudes. The Section supervises four protected workshops for the employment of severely disabled persons with partial capacity to work and seven producers’ cooperatives for the employment of disabled persons of both sexes who are able to work. It provides the following services:

(a) Transport from their residential areas to the workshop or cooperative, and vice-versa;

(b) Employment consistent with their intellectual and physical aptitudes so that they can become self-reliant and obtain remuneration sufficient to meet their needs and assist their families;

(c) Recreational and sports activities;

(d) Health services, including free medical examination and treatment;

(e) Participation in the presentation of their products at local and international exhibitions;

(f) Assistance in overcoming problems encountered in their work and family environment.

The Total Disability Section

142. This Section provides the following services, on an equal footing, for all severely disabled and elderly persons suffering from family disintegration and homelessness:

(a) Accommodation and all forms of health, social and rehabilitation services for severely disabled persons over 4 years of age who lack family care. There are two shelters (one in Baghdad and another in Karbala) to which such persons are admitted in accordance with Directive No. 2 issued in 1991 to commemorate the International Year for Disabled Persons.

(b) In accordance with the Elderly Care Homes Act No. 4 of 1985, a full range of residential, catering, clothing, health and psychosocial services is provided for elderly persons of both sexes. Men over the age of 60 and women over the age of 55 are admitted to these care homes (one in Baghdad and six in the provinces).

C. Occupational health and safety

Means to ensure safe and healthy working conditions

143. Although there is no specific legislative enactment concerning occupational health and safety, relevant provisions in this regard are found in a number of other laws, including:

Labour Law No. 71 of 1987, which addresses this issue as follows:

Article 107

The employer shall inform the worker, in writing and prior to recruitment, of the occupational hazards and the protective measures to be taken. Instructions clearly specifying the occupational hazards and the protective measures to be taken shall be posted in a conspicuous place in accordance with directives issued by the Minister of Labour and Social Affairs.

Article 108

1. The employer shall:

(a) Take the requisite precautions to protect workers on the job against occupational hazards that are harmful to their health and against the dangers posed by machinery;

(b) Furnish means of protection against occupational hazards without deducting any sum from the worker’s wages in return for such protection;

(c) Provide first aid.

2. The precautions to be taken and the means of protection shall be specified in directives issued by the Minister of Labour and Social Affairs in accordance with the recommendations of the National Occupational Health and Safety Centre.

Directive No. 22/1987 was issued in this regard.

144. This issue is also addressed in:

• Public Health Act No. 89 of 1981 and the directives issued pursuant thereto.

• National Occupational Health and Safety Commission Act No. 6 of 1988.

• Ionized Ray Protection Act No. 99 of 1980.

• Decree No. 552 of 1981, promulgated by the (dissolved) Revolutionary Command Council, establishing the National Occupational Health and Safety Centre.

• Health Protection in the Workplace Regulation No. 74 of 1968 concerning rules for the granting of occupational health licences.

• Directive No. 2 of 1984 concerning the monitoring of occupational exposure to carcinogenic chemical substances.

• Directive No. 6 of 1986 concerning the monitoring of occupational exposure to askarel fluid (mineral oil).

• Directive No. 4 of 1987 concerning the handling of asbestos.

• Directive No. 4 of 1989 concerning the safe storage and handling of chemical substances.

• Directive No. 2 of 1990 concerning occupational exposure in the manufacture, handling and storage of insecticides.

• Directive No. 6 of 1993 concerning the dangers posed by aromatic benzene.

• Occupational Health and Safety Directive No. 22 of 1987.

• Directive No. 19 of 1987 concerning types of work in which the employment of juveniles is prohibited.

• Directive No. 4 of 1988 specifying types of work that are physically demanding or harmful to health

• Directive No. 7 of 1993 concerning environmental hazards in the workplace.

• The legislative provisions concerning occupational health and safety precautions apply to all workers and to workplaces employing one or more workers.

• The draft new labour law which is currently under discussion devotes an entire chapter to occupational health and safety and plans have been made to draw up a separate occupational health and safety act if this chapter of the draft is not adopted.

• The application of the above-mentioned enactments is monitored by the Ministry’s Labour Inspectorate and National Occupational Health and Safety Centre.

• Statistical data on occupational injuries and diseases have been compiled for the years 2006–2010 and a consultancy project has been completed for the establishment of a medical centre specialized in occupational diseases and provided with the modern medical equipment needed for diagnosis. An index of occupational diseases drawn up in collaboration with the Ministry of Health was published in the Iraqi Official Gazette in 2001 and a reliable national database on occupational health and safety in workplaces is currently being compiled.

• The number of recorded occupational injuries amounted to 118 in 2008, 108 in 2009 and 317 in 2010.

D. Treatment of juveniles in conflict with the law

145. The Juvenile Welfare Act No. 76 of 1983 was designed to put an end to the phenomenon of juvenile delinquency by protecting young persons therefrom and ensuring that the treatment and social adaptation of offenders are in conformity with moral values and principles. To this end, the Juvenile Welfare Act made provision for the establishment of a Juvenile Welfare Board to study and adopt a juvenile reform plan, monitor its implementation and make recommendations thereon in collaboration with other competent bodies.

146. The Act emphasized the preventive aspect by adopting the principle of early detection of young persons at risk of delinquency by the Psychosocial Services Office of the Ministry of Health in order to monitor cases of problematic or delinquency-prone students and make plans for their treatment before they become offenders.

147. The Act also made provision for the withdrawal of custody of a young person or juvenile, if such were in their best interests, and expanded the scope of the contribution and responsibility of occupational and non-governmental organizations and school administrations in the field of psychosocial welfare to prevent delinquency.

148. With regard to juvenile courts, the Act contained new provisions regulating investigation and trial procedures. It also raised the minimum age of criminal responsibility to 9 years on the ground that young persons below that age lacked the power of discernment between good and evil and were therefore incapable of understanding the nature of their unlawful acts. In this respect, the Act was in step with the modern tendency to raise the age of criminal responsibility to an even higher level.

149. For purposes of treatment, the Act assigned a major role to the Office for the Study of Personality, which diagnoses the juvenile’s psychosocial condition, mentality and moral maturity and proposes the most appropriate measure to be taken in his regard. Placement of juveniles under behavioural surveillance is a permissible measure that is being applied to an increasing extent as a useful means that has proved effective in the treatment and reform of juveniles.

150. The Act emphasized the need for post-custodial follow-up care of the juvenile as a supplementary means of treatment to ensure his behavioural readaptation in a socially acceptable manner, prevent his relapse into delinquency, enable him to establish stable human relationships with others and develop his sense of security and self-control. To this end, the Act made provision for the establishment of a Follow-up Care Section to counsel the juvenile in his new mode of life, assist him in his search for employment or accommodation and provide him with appropriate financial aid to meet his basic needs.

151. Rules of procedure have been issued to regulate all aspects of the reform of juveniles of both sexes from the time of their arrest until their release from custody. These rules are exemplified by the following:

(a) The Observation Centres Statute No. 6 of 1987 regulating centres in which juveniles are placed by order of the courts or the competent authorities in order to undergo pre-trial physical and psychosocial examinations and personality and behavioural assessments.

(b) The Juvenile Rehabilitation Schools Statute No. 2 of 1971 regulating schools in which convicted juveniles are placed with a view to their social readaptation and behavioural, vocational and educational rehabilitation.

(c) The Rehabilitation Centres Statute No. 33 of 1971 regulating centres in which homeless juveniles deprived of family care are placed by order of a juvenile court, for purposes of rehabilitation and family reintegration, until such time as they reach the age of majority.

(d) Directive No. 2 of 2009 concerning the structure and functions of the Juvenile Reform Department, which makes explicit provision for the establishment of reform centres and schools for boys and separate ones for girls in which juveniles are classified in the categories of children, adolescents and young adults. At the present stage, with a view to improving the welfare and rehabilitation of juvenile detainees of both sexes by emphasizing their rights as well as the need for rules of discipline and follow-up care, a bill of law has been drafted to amend the Prisoners and Detainees Reform Act No. 104 of 1981 and the Juvenile Welfare Act No. 76 of 1983. The principal provisions contained in the bill of law concern the right of juveniles to health care, their right to education, their right to receive visits, their right to home leave and other rights within the reform institution. A bill of law amending the Rehabilitation of Vagrants Statute has also been drafted in a manner consistent with the socioeconomic circumstances of society in order to ensure the successful rehabilitation of this category of juveniles.

X. The right to an adequate standard of living and

continuous improvement of living conditions (art. 11)

152. In this connection, reference can be made to paragraph 7 of this report.

A. The right to housing

153. As stipulated in the International Covenants and in national constitutions, including the Iraqi Constitution, adequate housing in a healthy and salubrious environment offering a full range of services and facilities is a human right and a basic need that must be met in rural and urban areas alike.

B. The housing situation in Iraq

154. Overcrowded housing conditions are those in which more than three persons are living in each room. Iraq has been suffering from this problem of overcrowding for a long time as a result of the circumstances that prevailed during the last two decades and it is a problem that has had adverse effects on the health of citizens due to the insalubrious conditions in which they are living. In fact, overcrowding implies a failure to meet housing needs.

155. The problem of insufficient, unsuitable and overcrowded housing is felt much more acutely in rural areas than in cities and provincial towns because previous housing policies neglected the rural sector and failed to accord it the benefits and facilities that were enjoyed in urban areas. The results of a study on housing deprivation indicated that more than 46 per cent of the rural population were suffering from a high degree of deprivation in this regard. Iraq’s Human Development Report for 2008 stressed the need to find solutions to the housing problem, which was impeding the country’s socioeconomic progress and transformation, and estimated that 750,000 additional housing units would be needed by 2010.

156. The national development strategies for 2005–2007 and 2008–2010 showed great concern for the housing sector, to which they allocated around 28 per cent of the total volume of investment expenditure. This allocation was proportional to the sector’s expected capital formation rates within the overall national economy and also to the magnitude of the problem of the extremely large housing shortage. However, actual investments in the sector during the period 2004–2009 ranged from 5.5 per cent of the total investment expenditure in 2004 to a mere 1 per cent in 2009, which implies an inability to solve this formidable problem through government investment and a need to rely on the local and foreign private sectors to tackle it.

157. The various socioeconomic studies and surveys recently conducted differ in their estimates of the housing shortage, proposing figures ranging from 1 million to 3.5 million for the number of housing units that will be needed by 2015 in the light of their varying definitions of an appropriate standard housing unit and their varying assessments of present housing conditions. In spite of these differences, however, all the estimates highlight a number of facts that can be summarized as follows:

(a) The housing stock in Iraq amounts to about 2.8 million units.

(b) There is a considerable housing shortage and a need to provide at least 1 million housing units. To this end, the proposals made in the draft Iraq National Housing Policy, drawn up by the United Nations Human Settlements Programme in September 2009, will be adopted.

(c) Twenty-seven per cent of households are not homeowners and the housing occupancy rate is high, amounting to 1.37 households per housing unit and 2.23 persons per room, which is far above the acceptable rates.

(d) Ten per cent of households and 11 per cent of the population occupy housing units that fail to meet the most basic health and environmental requirements for adequate housing.

(e) There is a disparity between the various governorates in regard to the extent to which housing needs are met. While the housing deprivation index for Iraq as a whole stood at 28.7 per cent in 2007, deprivation rates of 35–45 per cent were recorded in the governorates of Dhi Qar, Maysan, Qadisiyah, Karbala, Babil and Sulaymaniyah and the lowest rates (4–21 per cent) were recorded in the governorates of Al-Anbar, Kirkuk, Diyala and Salah ad-Din.

C. Shanty towns

158. Although, historically, Iraq has enjoyed a low rate of shanty-town expansion, the circumstances brought about by wars, the embargo and the post-2003 security situation led to an increase in the number of irregular settlements, sometimes as a result of the return of refugees and displaced persons. Such irregular settlements take a variety of forms but share the common characteristic of illegality, either because the inhabitants have no right to use the land or because the structures were erected without approval from the competent authorities. The situation needs to be addressed rapidly in order to halt this dangerous phenomenon and remedy such breaches of the law in accordance with a carefully conceived plan of action.

XI. The right to the enjoyment of physical and mental health (art. 12)

159. The post-2003 policies pursued by the Ministry of Health helped to support the health sector by meeting urgent needs and improving services, thereby playing a major role in the furtherance of activities conducive to better primary health care, such as immunization and control of transmissible and non-transmissible diseases. These policies were designed primarily to:

• Develop all three levels of primary, secondary and tertiary health-care services in a complementary manner;

• Reorient health care in Iraq from a hospital-dependent centralized system to a multisectoral decentralized system;

• Reduce morbidity and mortality rates among children under 5 years of age;

• Reduce maternal mortality;

• Reduce the incidence of malnutrition among children under 5 years of age;

• Promote breastfeeding and food security;

• Control transmissible diseases;

• Eliminate neonatal tetanus;

• Improve epidemic early warning, monitoring and communications systems;

• Increase health funding;

• Rehabilitate and improve the database for health-related laws and legislation;

• Promote equality by providing basic health services for the poorer categories, in rural areas and in all the provinces;

• Ensure the availability of medicines and medical requisites through the adoption of a safe pharmaceutical management policy and the improvement of pharmaceutical quality systems;

• Improve citizens’ food supply, as well as their access to healthy housing and sanitation;

• Ensure that the provision of health services is monitored and evaluated in order to identify any deficiencies therein;

• Improve public sector management and promote partnership between this sector and the private sector and non-governmental organizations;

• Rehabilitate facilities and their management;

• Improve emergency and blood transfusion services and medical equipment;

• Ensure the supply and development of human resources, and especially intermediate-level staff, in the medical and health sectors, as well as training and capacity building in the field of managerial and clinical skills, health planning and the promotion of occupational health education;

• Emphasize the need for research and studies to order to assist in the formulation of health policies and plans by learning lessons from the outcome of health programmes and monitoring the costs, equitable distribution and efficiency of health care;

• Incorporate non-contagious diseases and psychiatric care at the first level of primary health-care services;

• Eliminate gender-based discrimination and increase female participation in economic activity and public and political life and decision making in order to benefit from their capacities as contributing members of society;

• Encourage gender equality and increase female participation in the labour force;

• Satisfy the needs of internally displaced persons, refugees and persons returning to the country;

• Expand the physical and psychological rehabilitation programmes for disabled persons, and especially disabled children;

• Put an end to administrative corruption through application of the integrity strategy;

• Develop information technology programmes and update databases in health institutions;

• Improve hotel services in health institutions to a high level of quality;

• Develop the blood transfusion, first aid and emergency services in hospitals;

• Increase the number of medical centres;

• Establish health institutions meeting modern specifications;

• Set up crisis and disaster management units in all the governorates;

• Develop and update the organizational structure and job descriptions at the Ministry of Health.

With a view to furthering its health strategies, the Ministry of Health is implementing policies, programmes and projects in collaboration with other ministries in order to achieve its strategic objectives. In the field of health and nutrition, its policy of reducing the incidence of malnutrition-related diseases among children under 5 years of age and women of childbearing age to 5 per cent during the period 2008–2010 was implemented in all the governorates through programmes for the addition of iron to flour, the iodization of salt and the provision of vitamin A. The following measures have also been taken:

• Treatment of non-transmissible diseases has been included in primary health-care services throughout Iraq since 2008;

• The safe motherhood initiative is being implemented to reduce the rates of antenatal and postnatal maternal morbidity and mortality among women of childbearing age (15–49 years);

• Community initiative-based programmes to combat the triad of poverty, disease and ignorance, improve the quality of life, develop a spirit of humanitarianism and promote the principle of community participation have been implemented in eight Iraqi governorates since 2005;

• In the field of reproductive health and family planning, a policy of reducing mortality among children under 5 years of age and maternal mortality among women of childbearing age (15–49 years) has been pursued throughout Iraq since 2008;

• In the field of child health, a policy of reducing mortality and morbidity among children under 5 years of age through improvement of the services available to them, adoption of the integrated child health-care strategy in all primary health-care centres and the implementation of natural breastfeeding programmes has been pursued throughout Iraq since 2004;

• A policy designed to prevent epidemics, including avian influenza, within the framework of overall community health has been pursued since 2005;

• Within the context of countrywide endeavours to control and prevent the spread of transmissible diseases in the interests of all members of society, an exceptional cholera control, containment and prevention plan has been implemented since 2007;

• A programme to reduce morbidity and mortality from diarrhoea and respiratory diseases and prevent malnutrition caused by diarrhoea has been implemented since 1985;

• A policy of promoting nutritional education and informed awareness among all citizens has been pursued in all Iraqi governorates since the 1990s;

• A programme targeting young persons from 12 to 22 years of age and designed to prevent and control the spread of transmissible diseases such as AIDS has been implemented throughout Iraq since 2007.

160. In the legislative field, the Ministry of Health is reviewing and amending the health legislation with a view to the promulgation of new laws more consistent with the new health system. A bill of law amending the Public Health Act No. 89 of 1981 has already been drafted and contains amendments, modifications and additions that are in keeping with the latest developments and demographic and epidemiological changes and consistent with the perspectives and objectives of the Ministry of Health in this regard.

161. In order to determine the living standards and situation of children and women in Iraq, the Central Organization for Statistics conducted numerous multiple indicator cluster surveys (MICS) in 2006 as well as a household socioeconomic survey in 2007 in the light of the results of which Iraq’s national poverty reduction strategy was formulated.

162. The above-mentioned surveys produced the following results.

A. Status of health and nutrition in Iraq

1. Child mortality

163. The mortality rate among children under 5 years of age has declined from 62 per 1,000 live births in 1990 to 41 per 1,000 in 2006 and this trend continued in 2008. In spite of this decline, however, the rate is still among the highest in the Arab States.

164. The infant mortality rate likewise declined from 50 per 1,000 live births in 1990 to 35 per 1,000 in 2006, 30 per 1,000 in 2007 and 29 per 1,000 in 2008. Infant mortality accounts for 85 per cent of mortality among children under 5 years of age in Iraq and the rate remains the highest in comparison with neighbouring States.

2. Maternal mortality

165. One of the basic Millennium Development Goals was to reduce maternal mortality rates by 75 per cent during the period 1990–2015. In Iraq, the maternal mortality rate declined from 117 per 100,000 live births in 1990 to 84 per 100,000 in 2006.

3. Status of nutrition

166. The deaths of more than half of the world’s children are attributable to malnutrition, which is a common cause of the diseases affecting children. Endeavours to reduce the incidence of malnutrition therefore help to lower the child mortality rate.

167. Stunted growth is an indicator of chronic malnutrition due to failure to provide sufficient food for a long period of time, quite apart from other chronic diseases, and the results of the cluster survey conducted in 2006 showed that more than one fifth (21 per cent) of Iraqi children were suffering from acute or intermediate degrees of stunted growth.

168. The results of the cluster surveys showed an improvement in the status of nutrition in comparison with the situation in the 1990s insofar as the prevalence of malnutrition index (weight for age) stood at around 15.9 per cent of all children under 5 years of age according to the survey conducted in 2000 and dropped to 8 per cent according to the 2006 survey.

169. About 5 per cent of Iraqi children suffer from emaciation (low weight-for-height body mass index) while 9 per cent suffer from overweight (more prevalent among females than males).

4. Immunization

170. During the period 2009–2010, the immunization coverage rates for children were as follows:

• BCG vaccination: about 95 per cent of children under 1 year of age in 2009 and 85.6 per cent in 2010;

• Triple polio vaccination (first dose): 85 per cent of children under 1 year of age in 2009 and 92 per cent in 2010;

• Triple polio vaccination (second dose): 77 per cent of children under 1 year of age in 2009 and 84.5 per cent in 2010;

• Triple polio vaccination (third dose): 73 per cent of children under 1 year of age in 2009 and 83 per cent in 2010;

• Hepatitis B vaccination (first dose): 95 per cent of children under 1 year of age in 2009 and 100 per cent in 2010;

• Hepatitis B vaccination (second dose): 82 per cent of children under 1 year of age in 2009 and 91.6 per cent in 2010;

• Hepatitis B vaccination (third dose): 72 per cent of children under 1 year of age in 2009 and 83.7 per cent in 2010;

• Measles vaccination: 83 per cent in 2009, rising to 89.4 per cent in 2010.

171. In recent years, a number of health centres have been opened in all parts of the Kurdistan Region to provide health services for all. There are now 165 rural health centres in Arbil, 69 in Dahuk and 395 in Sulaymaniyah.

172. A Health for All Act has been promulgated in the Kurdistan Region with a view to ensuring that every citizen in the Region enjoys the best health services regardless of gender, religion and ethnicity.

173. In every governorate in the Kurdistan Region there is a specialized health centre for disabled children in which the full range of treatment and medication is available for all diseases.

B. Status of the environment in Iraq

1. Potable water supply

174. The National Development Plan for the period 2010–2014 made provision for constant improvement in the potable water supply and sanitation systems in a manner consistent with the country’s improving material and human resources. At the regional level, Iraq has made outstanding progress in this regard. The proportion of the population enjoying access to potable water amounts to 95 per cent in urban and 75 per cent in rural areas and the proportion benefiting from sanitation services has risen to 75 per cent in urban and 50 per cent in urban areas. The deterioration in the standard of services from which the economic sectors suffered as a consequence of the long years of war, economic embargo and depletion of the State’s financial and human resources had an adverse impact on the completion of programmes intended to improve these human health-related water and sanitation services. The proportion of the population enjoying access thereto had fallen by 48 per cent and there had also been a notable decline in the quality and quantity of the water supplied.

175. In 2008, the quantity of water produced amounted to 7.2 million m³ per day while daily needs totalled 9.8 million m³. The shortfall therefore amounted to 2.6 m³ per day, i.e. 21 per cent, and the proportion of the population supplied amounted to 79 per cent.

176. The per capita share of purified water consumption amounted to 101.8 m³ in 2002 and rose to 207.3 m³ in 2005 and 236.1 m³ in 2007 due to the increase of over 150 per cent in the quantity of purified water supplied to consumers during that period.

177. The proportion of the total population enjoying sustainable access to a source of potable water was estimated at about 83.3 per cent in 2000 and fell to 81.3 per cent in 2007.

178. Notable progress has been made in the provision of these services since 2004, as illustrated by the following:

• The actual production of potable water increased constantly at a growth rate of 7–11 per cent;

• The total shortfall declined constantly from 34 per cent in 2004 to 21 per cent in 2008.

179. This is attributable to the expenditure of around 1.25 trillion Iraqi dinars during the period 2004–2008 on the construction of new water purification plants and the rehabilitation of existing plants affected by the war. Within the context of this considerable improvement in water supply services, it is noteworthy that the State’s policy is to ensure a supply of potable water not only of good quality and quantity but also at a very nominal subsidized price.

180. In the Kurdistan Region of Iraq, the proportion of the population enjoying access to potable water amounts to 92 per cent in the main provincial cities of Arbil, Dahuk and Sulaymaniyah and 60 per cent in the outlying areas. A total daily volume of about 924,600 m³ of potable water is produced for distribution among the Region’s governorates.

2. Sanitation services

181. The results of the 2005 environmental survey of Iraq showed that 25.7 per cent of the population were served by sewerage networks, 51.2 per cent were using independent septic tanks and 23.1 per cent had access to neither. The survey also showed that there were 14 central sewage treatment plants and 24 smaller treatment plants and, of these 38 plants, 13.6 per cent were operational, 31.6 per cent were partly operational and 36.8 per cent were out of service. Sanitation services therefore remained below the required standard since about 26 per cent of the population of the governorates, excluding the outskirts of the city of Baghdad and the Kurdistan Region, lacked access thereto in 2009. Inadequate concern for this sector has contributed to environmental pollution and is posing a real danger to public health since most of the sewage water is discharged into the rivers and streams that are used as a source of potable water by a large proportion of the rural and village population who are not served by potable water supply networks.

3. Waste disposal services

182. According to the environmental survey carried out in 2005, a total of 20.2 per cent of the urban population lacked waste disposal services, which constitute the second most significant indicator in the deprivation index. Another survey conducted in 2007 indicated that the proportion of households unable to dispose of waste through placement in containers or collection by waste disposal services amounted to 70 per cent and municipal waste collection services were enjoyed only by 56 per cent of households, 92 per cent of which were living in the governorate of Baghdad. The environmental statistical report for 2007 further indicated that the Iraqi population were suffering from bad living conditions, such as insects and rodents in their homes (49.9 per cent); stagnant water (56.4 per cent); open sewers (36.3 per cent); high humidity (39 per cent); piles of waste in the vicinity (36.1 per cent); inadequate lighting (28.2 per cent); noise (22 per cent); unpleasant odours (28.2 per cent); insufficient ventilation (15.1 per cent); smoke and gases (13.8 per cent); and dust (28.1 per cent).

XII. The right to education (art. 13)

183. Like the health sector, the education sector was among those most severely damaged by the wars and economic sanctions with which Iraq had to contend in the 1990s. The health sector’s infrastructure was also targeted by terrorist groups that launched a campaign against Iraq after the fall of the previous regime in an attempt to undermine any governmental programme to revive these two sectors.

184. The political transformation that took place in Iraq and the shift towards democracy and new political practices necessitated a review of the Iraqi education system which led to the formulation of a new educational philosophy that focuses on belief in Almighty God and attaches high importance to human values and to the family as the basic unit of society the religious, moral and patriotic values of which the State has an obligation to safeguard. Hence, education is regarded as a social pedagogic process based on the religious characteristics and patriotic, social, national and human values of society.

185. This educational philosophy is derived from the principles of the Iraqi Constitution of 2005 which guarantee the unity, independence and territorial integrity of the country as well as respect for human rights and fundamental freedoms, including the right of citizens to free education at all academic levels. The State is committed to eradicate illiteracy, ensure equality of opportunity and promote all branches of education in an integrated, planned and coordinated manner for purposes of development in such a way as to raise a healthy and well-educated new generation within the framework of democratic education and encouragement of talent and creativity in all fields of intellectual, scientific and artistic life while, at the same time, showing special concern for the population of rural and outlying areas, facilitating student enrolment in educational institutions and consolidating the role of education in the promotion of a spirit of mutual understanding, cooperation and peace at the national, regional and international levels. The principles of Iraq’s new educational philosophy are clearly reflected in the overall structure of the curricula, as illustrated by:

• The encouragement of talent and creativity in all intellectual and scientific fields;

• The facilitation of further education;

• The special concern that is shown for the population of rural and outlying areas;

• The emphasis placed on the role of education in the promotion of human tolerance and mutual understanding based on educational principles and practices conducive to peaceful coexistence at the national, regional and international levels.

186. In accordance with Iraq’s education strategy, the overall purpose of education is to raise new generations characterized by:

• Belief in Almighty God, His Holy Books and His Prophets;

• Patriotism and desire to strengthen national unity;

• Receptivity to modern scientific methodologies and concepts;

• High moral standards and respect for human rights and the cultural and environmental heritage;

• Eagerness to contribute to the preservation of the community’s social fabric;

• Profound belief in their intrinsic innovative capacities;

• Ambition to further their personal development through sustainable lifelong selfeducation.

187. The following official documents constitute the cornerstones on which the Iraqi educational curricula are structured:

• The Iraqi Constitution of 2005, which is a guarantor of the country’s unity and independence and assigns high priority to respect for human rights and fundamental freedoms, including the right to education;

• The Educational Philosophy of 2008, which emphasizes the principles of democratic education, equality of opportunity, contribution to outstanding achievement and creativity, and promotion of tolerance, mutual understanding and cooperation;

• The Iraqi education strategy regards learning as the basis for the development and advancement of the nation, for cooperation at the regional and international levels and for common commitment to Iraqi values.

A. Eradication of illiteracy

188. In the early 1970s, plans were made for a comprehensive campaign to eradicate illiteracy in view of the growing number of illiterate persons. The campaign, which was launched in 1978 and targeted the 15–45 age group, achieved considerable success in this field. The number of illiterates totalled about 1,303,844 in 1999 and, after the end of the war in 2003, a need was felt for new statistics on the number of illiterates. However, since it was impossible to conduct a comprehensive survey due to the circumstances prevailing at that time, the Central Organization for Statistics waited until 2004 when it conducted a census in which the number of illiterates was estimated at 3,843,682. The latest statistics compiled during the period 2009–2010 estimated the illiteracy rate at 17–20 per cent of the population, i.e. about 5 million Iraqis.

189. Persons in the 5–55 age group are admitted to the literacy centers, which offer classes at two levels (basic and supplementary) at the rate of 10 classes per week (40 classes per month) for a total of seven months (280 classes) at each level. The weekly classes, of one-hour duration each, are divided into four numeracy classes, four reading classes and two general education classes.

190. The Directorates-General of Education open a literacy centre wherever there are 10 or more student applicants. At the present time, there is no modern legislation for the eradication of illiteracy since the previous National Campaign Act No. 92 of 1978 was revoked by Decree No. 439 of 1987. The Ministry of Education is awaiting the promulgation of a bill of law that it has drawn up for the eradication of illiteracy and which is currently being considered by the Council of Representatives. No budgetary appropriations have been allocated to adult education and literacy centres because the bill of law has not yet been passed.

191. The Ministry of Education of the Kurdistan Region has opened numerous centres for the eradication of adult illiteracy. The statistics for 2010/11 indicate that there are 132 centres for men and 290 centres for women, i.e. a total of 422 literacy centres in the Region.

B. Centres for adolescent dropouts

192. Within the context of the endeavours being made to recoup school dropouts, independent centres known as adolescent (“yafaeen”) centres have been opened for the purpose of enrolling males and females in this age group who failed to attend or dropped out of primary school. During the academic year 2010/11, there were 85 such centres and 353 classes affiliated with formal education schools and the number of adolescent students enrolled amounted to 9,183 in the independent centres and 1,491 in the classes affiliated with formal education schools.

193. After a four-year period of study at a centre, having acquired reading, writing and numeracy skills under the special curricula, the student is awarded a diploma equivalent to the certificate of primary education.

194. Under this system, student dropouts from the first and second primary grades are enrolled in the first adolescent grade, dropouts from the third and fourth grades are enrolled in the second adolescent grade, and the fifth and sixth grades remain unchanged for the award of the certificate of primary education.

C. Steps taken to put an end to the dropout phenomenon

195. The numerous steps taken to put an end to the school dropout phenomenon include the following projects:

(a) The accelerated learning project, implemented with UNICEF support, which targets persons in the 12–18 age group who never attended or dropped out of school with a view to enabling them to complete their primary education in three instead of the normal six years so that they can catch up with their peers. The project has proved to be highly successful with more than 31,000 students enrolled by 2009, a number that was expected to double in coming years. Special curricula and a comprehensive teacher’s manual have been compiled for these schools, which were providing tuition for more than 50,000 students throughout Iraq in 2010. All their male and female teachers have attended special training courses in and outside Iraq and the 14 teachers who received training in information and communications technology for the purpose of evaluating the accelerated learning curricula have trained 100 other teachers so that they, in turn, can provide similar training in the governorates covered by the project.

(b) The “light of knowledge” project, implemented in collaboration with the Islamic Educational, Scientific and Cultural Organization with a view to teaching the rudiments of reading, writing and life and vocational skills to 100 female school dropouts in the 10–18 age group. This three-month pilot project was launched on 15 October 2010.

(c) The educational aids project, implemented in collaboration with UNICEF in 2008 with a view to the production of activity sheets to supplement the curricula of schools operating on a double-shift system or in areas suffering from difficult security conditions that prevent students from attending. These sheets are distributed to supplement all the primary educational curricula.

196. According to the 2010/11 statistics, the Kurdistan Region had a total of 140 accelerated education schools (89 co-educational and 51 for boys) and diligent endeavours are being made in the Region to put an end to school dropouts, especially among girls.

D. Minorities and educational curricula

197. The Christian faith: The Directorate-General of Curricula has a specialized unit that issues Christian textbooks for the primary, intermediate and preparatory academic levels. Christian curricula are taught in 75 primary schools and 48 secondary schools in the governorates of Baghdad (two in Rusafa and two in Karkh), Mosul, Kirkuk and Basra.

198. The Yazidi faith: The very small number of schools in which the Yazidi faith is taught outside the Kurdistan Region follow the Yazidi religious curriculum that is taught in schools within that Region. A procedure has been established under which Yazidi religious textbooks are requested from the Region’s Directorate of Supplies and offset against the cost of books supplied in return.

199. The Sabian-Mandaean faith: There are no special curricula for this faith since there are no schools in which they are taught. Although there have been official communications between the head the Mandaean community and the Ministry of Education and field visits have been made to the community’s headquarters with a view to opening a class for them in the governorate of Kirkuk where the majority of the Sabian-Mandaeans are living, the Ministry was surprised when the head of the community, while thanking the Ministry for its sincere national endeavours, informed it that the community was regretfully unwilling to provide the requisite number of students due to the unstable security conditions in the said governorate.

200. With regard to other ethnic groups, the Ministry of Education’s Directorate-General of Kurdish Studies has expanded considerably since the events of 2003 and the scope of its responsibilities has been extended to include supervision of the teaching of other Iraqi ethnic languages. It is now known as the Directorate-General of Kurdish and Other Ethnic Studies, comprising three academic departments (Kurdish, Syriac and Armenian) and with responsibility for supervising the teaching of the other Iraqi religions. It monitors the systematic teaching of the Kurdish language at the preparatory level, as well as the inclusion in the curricula of the concepts of national brotherhood and the principles of human rights and social equality in Iraq.

201. The following achievements have also been made:

(a) A unit has been established to supervise studies in ethnic languages and 20 supervisors of such studies and Christian religious education have been selected, tested, interviewed and appointed by the Directorate-General of Kurdish and Other Ethnic Studies;

(b) A Feyli (Shiite) Kurdish school has been opened in the Al-Sadr district within the territorial jurisdiction of the Rusafa (2nd Precinct) Directorate-General of Education;

(c) An academic plan has been formulated, in coordination with the DirectorateGeneral of Curricula and the Directorate-General of Teacher Training, for departments of ethnic, and especially Kurdish, linguistic studies in teacher-training colleges;

(d) Kindergartens, schools and classes providing tuition in ethnic languages have been opened, including three (Kurdish, Turkoman and Syriac) kindergartens in Baghdad.

202. With regard to education for minorities in the Kurdistan Region, there are Directorates-General of Education for the Turkoman, Syriac and other minorities which enjoy their legitimate right to education. These minorities have their own schools providing tuition in their mother tongues but following the Region’s standardardized curricula.

E. Absence of gender-based discrimination in education

203. The Ministry of Education’s regulations do not permit gender discrimination at any stage of education from kindergarten to university level since the Ministry is endeavouring to enforce the principle of compulsory education for children of both sexes from 6 to 10 years of age in accordance with the Compulsory Education Act No. 118 of 1976 under which girls over 10 years of age are free to leave school with the approval of their guardians.

204. The right to education is guaranteed under the provisions of article 34 of the Constitution which stipulates that education is a fundamental factor in social progress and is also a right guaranteed by the State; it is provided free of charge at all levels and is mandatory at the primary level since the State is committed to the eradication of illiteracy.

205. The principle of gender equality in enrolment for general, technical and vocational education and all forms of vocational training is guaranteed, as illustrated by the following:

(a) Equality in regard to academic curricula, examinations, level of teaching qualifications and standard of academic facilities and equipment;

(b) Elimination of any stereotyped concept of gender-based roles at all stages and in all forms of education through the encouragement of co-education as a distinctive form of education conducive to that end and, in particular, through the revision of school textbooks and programmes and the adaptation of teaching methods;

(c) Equality of opportunity in regard to the receipt of education grants and other allowances;

(d) Equality of opportunity to benefit from further education programmes, including adult education and functional literacy programmes and especially those designed to narrow any gender gap in education as rapidly as possible;

(e) Reduction of female educational dropout rates and organization of programmes for young girls and women who left school prematurely, such as the “light of knowledge” project implemented in collaboration with the Islamic Educational, Scientific and Cultural Organization;

(f) Equality of opportunity to participate in activities (sports and physical education).

206. The Kurdistan Regional Ministry of Education is seeking to achieve gender equality in regard to exercise of the right to education as can be seen from the following statistics.

Ratio of females to males in kindergarten enrolment by environment and year

Ratio of females to males in enrolment for basic education by environment and year

Ratio of females to males in enrolment for secondary education by environment

and year

Ratio of females to males in enrolment for college education by environment and year

Ratio of females to males in enrolment for vocational education by environment

and year

XIII. The principle of compulsory education free of charge

(art. 14)

207. In accordance with article 1 of the Compulsory Education Act No. 118 of 1976, primary education is compulsory and free of charge for all male and female children reaching their sixth year of age before the beginning of the academic year or at any time up to 31 December of that year. In coordination with the official bodies concerned, the Directorate-General of General Education at the Ministry of Education plays an active role in ensuring enforcement of the Compulsory Education Act through committees established in the administrative centre of each governorate, together with subcommittees in each administrative unit which are chaired by the head of the unit and include representatives of the municipal council, educational supervisors and members of teaching bodies, which list the persons subject to compulsory education and distribute them among the schools nearest to their places of residence. This distribution within geographical areas ensures that no travel expenses are incurred and the Ministry of State for Provincial Affairs was approached in 2009 with a view to joint coordination in this regard.

208. The aim of secondary education, which is also free of charge, is to enable young persons who have completed their primary education to continue the physical, intellectual, moral and spiritual development of their personality by helping them to discover their abilities and, propensities, developing their knowledge of Arab and world culture so that they can benefit therefrom in their everyday lives and furthering their progress by endowing them with the intellectual and practical aptitudes and skills needed to facilitate their productive occupational employment and their pursuit of higher education in a manner consistent with the particularities of adolescent development and social goals so that they can grow up to become devout citizens loyal to their nation and their country. It is noteworthy that textbooks and stationery are distributed free of charge and without discrimination to all students at all stages of education.

209. The Ministry of Education is also diligently endeavouring to attract postintermediate level students to enrol in vocational schools in order to acquire the technical skills and expertise required to meet future market needs.

210. In the Kurdistan Region, education is also free of charge from kindergarten level onwards and is compulsory from the first to the ninth grade without any discrimination. Students enrolled in Government-run schools are not required to pay fees or other charges and textbooks are distributed at no cost to them. Human rights have been included as a subject in the curricula from the primary to the preparatory level and students are therefore well informed about human rights and obligations in everyday life.

XIV. Cultural rights (art. 15)

211. The cultural centres that the Department of Cultural Relations at the Ministry of Culture has established in all Iraqi governorates constitute the principal means by which popular participation in cultural life is being encouraged. The Department also provides material and moral support for civil society cultural organizations and participates in their various activities and events.

212. Exhibition halls are easily accessible. Means of transport thereto are available at reasonable prices on exhibition days and children are often admitted to art exhibitions free of charge.

213. Most of the Ministry of Culture’s departments use modern technology for documentation, archiving and data collection purposes and also in order to preserve the popular, local, national and world cultural heritage. Many of the departments have their own websites which are regularly updated and cover a variety of events relevant to the nature and scope of the department’s field of specialization.

214. Through the “children’s cultural houses”, the Ministry encourages kindergarten pupils and schoolchildren to interest themselves in artistic and cultural activities (theatre, music, etc.) and, to this end, distributes magazines, books and other publications. Cultural and art courses are held for schoolchildren who wish to participate in these activities and computer lessons and visits to tourist attractions and archaeological sites are also organized.

215. However, the available activities are unquestionably insufficient to meet the requirements of all the Iraqi children in ongoing need of cultural fulfilment due to the small number of cultural institutions for children.

216. The Ministry of Culture is constantly striving to overcome or reduce the obstacles preventing elderly and disabled persons from participating in cultural life by issuing open invitations for them to attend numerous events.

217. The only institution run by the Ministry of Culture is the Kurdish Cultural and Publishing House which sponsors and publishes Kurdish literature in the form of books and magazines and celebrates the achievements of Kurdish cultural and artistic personalities. The Ministry is currently considering a project to establish a cultural directorate for the Turkoman and other ethnic and religious groups and minorities and it is hoped that this project will be approved so that it can play a role in the preservation and propagation of the civilization, culture, language, customs and traditions of those minorities.

218. The Ministry of Culture’s educational and vocational activities are confined to:

• The Academy of Musical Studies, which awards an intermediate-level diploma in music;

• The Music and Ballet School, which offers courses at the primary, intermediate and preparatory levels;

• The Craft Academy for Popular Arts and Heritage, which is run by the Department of Fine Arts;

• Courses and workshops organized by the departments, within their respective fields of specialization, to provide training in fashion design, Arabic calligraphy, sculpture, metalwork and woodwork.

219. There are various ways by which people can acquaint themselves with the achievements of scientific and technological progress through modern means of communication and low-cost courses organized and paid for by cultural institutions. Most of the departments have libraries, newspapers and internet facilities which are available to the public free of charge.

220. The Ministry of Culture has offered to establish a directorate-general for the protection of intellectual property and copyright and it is hoped that a bill of law to this end will be considered and adopted by the legislature. The Ministry’s objective is to protect and safeguard the intellectual endeavours of individuals and groups, provide an environment conducive to their development and sustainability and ensure the promulgation of legislation to protect copyright from infringement, plagiarism or theft.

221. The Ministry of Culture is a member of UNESCO and participates actively in its meetings and activities. The Department of Cultural Relations has extensive cultural links with most countries of the world and has concluded numerous agreements with them, thereby helping to develop the skills and expertise of its staff. The many cultural weeks that the Ministry has organized in Arab and other countries have been highly instrumental in promoting cultural exchanges and scientific and cultural cooperation between peoples.

222. The cultural indicators for the Kurdistan Region are constantly developing and show that the Region’s inhabitants are enjoying their cultural rights through a notable increase in the number of satellite and terrestrial channels, official and privately-owned newspapers and magazines, theatres, cinemas, art exhibitions and cultural festivals, as can be seen from the following table.

Cultural indicators for the Kurdistan Region in the years 2003, 2007 and 2009

Source: Ministry of Culture and Youth/Kurdistan Regional Government.

Annexes

Population growth rates by category during the period 2002–2008

Population structure (%) by category during the period 2002–2008

Source: Population projections/Central Organization for Statistics.

Economic activity and unemployment rates for individuals aged 15 and above

Source: Results of the employment surveys/Central Organization for Statistics/Ministry of Planning.

Number of students and teachers at the various stages of education in Iraq,

2000/01–2006/07

Source: Statistical Yearbook/Central Organization for Statistics/Ministry of Planning.

Principal Iraqi health service indicators for the period 2002–2008

Source: Ministry of Health.

Number of live births, stillbirths and cases of infant mortality in the year 2000

Number of live births, stillbirths and cases of infant mortality in the year 2006

Percentage change

Statistical data on urban and rural adult education (literacy) centres during the year 2010/11

Statistical data on urban and rural adult education (literacy) centres during the year 2010/11

Kindergartens

Number of kindergartens, teaching staff and children enrolled in the years 1989/90–2010/11

Primary education

Number of schools, teaching staff and pupils enrolled in the years 1989/90–2010/11

Secondary education

Number of schools, teaching staff and children enrolled in the years 1989/90–2010/11