IRAQ: SLOW PROGRESS ON LABOR STANDARDS

UNCLAS SECTION 01 OF 03 BAGHDAD 000190 SENSITIVE SIPDIS USTR FOR DAWN SHACKLEFORD, CHRISTIAN DEANGELIS E.O. 12958: N/A TAGS: ELAB EFIN EINV IZ SUBJECT: IRAQ: SLOW PROGRESS ON LABOR STANDARDS REF: A. 10BAGHDAD82 ¶B. 09BAGHDAD3202 ¶C. Cooke-McFarland email 12/10/2009 ¶1. (SBU) In advance of the January 25 Trade Policy Staff Committee (TPSC) meeting at which State, USTR, and the Department of Labor will consider the GSP Worker Rights petition against Iraq, post provides the following update on labor issues. ¶2. (SBU) An Amman-based ILO program officer for Iraq told Econoff January 25 that Iraq's ILO-assisted draft Labor Code was still in its final review at the Shura Council (ref A),but that the ILO was not concerned about delay given the complexity of the issues addressed in the draft. Issues include: an overhaul of Iraq's fragmented Labor Code; its Occupational Safety and Health Directive; and, to some extent, the country's social safety net. ¶3. (SBU) A senior Ministry of Labor and Social Affairs (MOLSA) official told us January 25 that MOLSA was following the progress of the draft law closely. The official stated that until it was ratified, the GOI in general and MOLSA in particular, remained constrained by the Saddam-era Labor Code (IRQ-1987-L-4988). According to the Amman-based ILO program officer, however, MOLSA continued to work within its current legal limits to move toward internationally acceptable labor standards, primarily through regular meetings of MOLSA's tripartite committee of GOI, employer, and labor representatives. ¶4. (SBU) The president of an international firm that provides consulting services to major investors and international corporations told us January 25 that, though "there are rules and regulations for labor standards on the books, they are rarely if ever used and followed." A recent study, conducted by the firm identified numerous regulations and laws, a summary of which we provide below in response to ref C request. The study is a proprietary document not for public distribution. Iraq Labor Environment -------------- ¶5. (U) Post has not had an opportunity to confirm the report's information, but below summarizes its major points for Washington's reference: - Labor Code: The Iraqi Labor Code of 1987, IRQ-1987-L-4988 (See Appendix),repealed the Labor Code of 1970. Amended twice, once in 2000, concerning Arab employment and overtime pay, and again in 2004, concerning the protection of young persons in the workplace and the prohibition of child labor. The Labor Code governs workplace activities such as wages, worker protection, and dispute resolution. - Occupational Safety and Health Directive: The Iraqi Occupational Safety and Health Directive of 1987, IRQ-1987-R-57209, governs the enforcement of occupational health and safety regulations and was amended in 1993. Among several other regulations, the 1987 directive established the duties and responsibilities of employers vis-a-vis the occupational health and safety of workers. Legal and Regulatory Milestones: - IRQ-1987-L-4988: Act No. 71 of 1987 promulgating the Labor Code: The Code (published as LS 1987 - Iraq 2) contains the following Parts: I, Basic principles; II Placement and vocational training; III, Labor relations; IV, Wages; V, Hours of work and leave; VI, Labor protection and workers' protection; VII, internal organization of work; VIII, Disputes resolution and IX, General and final provisions. It repeals the Labor Code of 1970 (LS 1970 - Iraq 1... 1973 - Iraq 1B) and a series of other Resolutions and Regulations (listed in s. 151). The Act entered into force on August 17, 1987. - IRQ-2004-L-77032: May 5, 2004: Coalition Provisional Authority Q- IRQ-2004-L-77032: May 5, 2004: Coalition Provisional Authority Order Number 89: Amendments to the Labor Code, Law No. 71 of 1987. Amends Part V - Chapter II of the Labor Code concerning protection of young persons and prohibition of child labor. - IRQ-2000-L-56880: March 13, 2000: Law No. 17 of 2000 from the Revolutionary Council amends Labor Law No. 71 of 1987, introducing the obligation for the employer to inform the Labor section in Baghdad in case an Arab employee is hired. Also, the employer is under the prohibition to terminate an employee's contract if the latter holds trade union responsibilities and the organization does not agree with the termination. In addition, overtime should not exceed 300 per cent of the normal hours worked per year. - IRQ-1987-R-57209: Instructions No. 22 of 1987 Concerning Occupational Safety and Health, provides for inspections of places of employment and inspections reports. Establishes the duties and responsibilities of employers vis-a-vis occupational health and safety. Establishes the functions of safety commissions at places BAGHDAD 00000190 002 OF 003 of work. Regulates the responsibilities and duties of workers with respect to occupational health and safety. Amending regulations: IRQ-1993-M-57636: Directive (No. 8 of 1993) amending occupational safety and health directive (No. 22 of 1987, IRQ-1987-R-57209) to prohibit the sale, rental, exhibition and/or transfer of the ownership of dangerous machinery without the appropriate protection. Charges the vendor, leasor and/or parties undertaking the transfer of ownership with the responsibility of identifying dangerous parts and taking the appropriate steps to provide protection from them. - IRQ-1988-L-6503: Instructions relative to decision No. 380 of 1989: Defines the categories of employment for which occupational safety and health allowances may be provided. - IRQ-1988-L-6503: Revolutionary Command Council Resolution No. 28 promulgating Law No. 6 concerning the National Commission for Occupational Hygiene and Safety defines its functions to include general policy formulation, undertaking studies, advising on draft legislation and obtaining data and information. Its membership includes workers' and employers' representatives. - IRQ-1987-R-57209: Instructions No. 22 of 1987 Concerning Occupational Safety and Health, governs the enforcement of occupational health and safety regulations. Provides for inspections of places of employment and inspections reports. Establishes the duties and responsibilities of employers vis-a-vis occupational health and safety. Establishes the functions of safety commissions at places of work. Regulates the responsibilities and duties of workers with respect to occupational health and safety. - IRQ-1986-L-3004: Law No. 98 of 1986 respecting popular medical clinics. English translation published in Official Gazette of the Republic of Iraq, No. 1, 7 Jan. 1987, pages 1-5. The Act establishes the Department of Popular Medical Clinics, which is to open clinics offering services for reduced fees. - IRQ-1985-L-2555: Law No. 101 of 1985 respecting Health Security Funds for officials of the state departments and the socialist sector. English translation published in Official Gazette of the Republic of Iraq, No. 30, July 23, 1986, pages 2-5. Provides for the organization of the provision of health services for participants in a Health Security Fund. - IRQ-1985-L-2505: Law No. 84 of 1985 on the Conservation of Hydrocarbon Resources English translation published in the Official Gazette of the Republic of Iraq, No. 37, September 10, 1986, pages 1-9. In particular, contains provisions regarding safety of personnel. Repeals Law No. 229 of 1970 on the same subject. - IRQ-1985-R-57210: Instructions No. 3/1985 Concerning Occupational Safety, provides for the enforcement of occupational safety provisions at places of work. Regulates that all work places are to appoint a person in charge of occupational safety and an occupational safety committee. Provides for the appointment and duties of the person responsible for occupational safety and for the occupational safety committee at each workplace. Establishes the functions and duties of employers and employees with regard to occupational safety. - IRQ-1981-M-57217: Revolutionary Command Council Decision No. 552 of 198 transfers all powers and responsibilities concerning occupational health from the Ministry of Health to the National Centre for Occupational Health and Safety and the Ministry of Labor and Social Affairs. - IRQ-1977-M-13391: Instruction No. 4, respecting occupational Q- IRQ-1977-M-13391: Instruction No. 4, respecting occupational safety - IRQ-1969-L-17911: Workers' Pension and Social Security Act [consolidation of Acts Nos. 27 of 17 May 1956/1 and 140 of August 25, 1964, with amendments; Schedule of occupational diseases]. No. 112 - IRQ-1968-R-57220: Regulation No. 74 of 1968, Hygienic Control of Factories regulates occupational health and safety of factories. Establishes safety and health provisions with respect to overcrowding, lighting, ventilation, sewage, cleanliness and the storage of dangerous substances. Establishes the obligations of employers in these regards. Regulates the medical examination of workers. Provides for the keeping of records by authorities. - IRQ-1981-L-57211: Public Health Law, Law No. 89 of 1981, concerning worker health care provides for "the enjoyment of citizens' rights to full physical, mental and social fitness." Chapter One governs general objectives and administrative organs. Part One establishes general objectives. Part Two governs administrative organs. Establishes the powers and duties of the BAGHDAD 00000190 003 OF 003 Ministry Council and the Govenorate Health Council. Chapter Two governs preventative medicine. Part One governs primary health care. This concerns maternity, childhood, and family health care, school health care, protection of vision and hearing, dental prevention, nutrition, health education, mental health, and public health laboratories. Part Two provides for health inspections. Part Three governs the control of communicable diseases. Part Four provides for the conveyance of corpses and death burials. Part Five provides for the safety of drinking water. Part Six governs the breeding of animals. Chapter Three regulates curative health centers. Regulates public and private health institutions. Chapter Four makes administrative and penal provisions. Chapter Five makes concluding provisions. - IRQ-1993-M-57640: Directive No. 4 of 1993 concerning occupational health, establishes work place procedures designed to minimize vibration and any harmful effects that it might have on workers. Stipulates maximum total daily limits for exposure to vibration pursuant to Sections 3 and 105 of the Public Health Act (No. 89 of 1981). - IRQ-1987-R-4563: Revolutionary Command Council Resolution No. 551, English version published in the Official Gazette of the Republic of Iraq, October 7, 1987, Vol. 30, No. 40, pages 4-5. Amends the organizational structure of the Ministry of Labor and Social Affairs, inter alia, merges the Labor Department with the Vocational Training Department and the Department of the Handicapped Welfare with the Social Services Department. HILL