E/C.12/1/Add.17
page 6
29.
The Committee recommends that, in accordance with article 2,
paragraph 2, of the Covenant, measures be taken to guarantee that the rights
enunciated in the Covenant are “exercised without discrimination of any kind
as to race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status”, and in this
regard, it makes particular reference to the situation of the Kurds, the
Marsh people, Assyrians, Shi’a Muslims and Turkomans.
30.
With respect to discrimination against women, the Committee recommends
that the Government pursue its policies designed to achieve full equality
between men and women in all areas of economic, social and cultural life. In
particular, it recommends that a thorough review of the domestic legislation
be carried out in order to eliminate any remaining discriminatory legal
provisions, specific remedies be made available to women victims of sexual
discrimination, and information and education campaigns be carried out to that
end.
31.
The Committee recommends that Law No. 104 of 1981 and the Penal Code,
which provide for compulsory labour in cases of expression of political
opinions or ideological opposition to the political, social or economic
system, for breach of labour discipline or for participation in strikes, be
reviewed and brought into conformity with article 6, paragraph 1, of the
Covenant and ILO Convention No. 29 on forced labour.
32.
The Committee also recommends that a thorough review of legislation
governing trade union rights, the right to strike and the right to bargain
collectively be undertaken as a matter of priority in order to comply with
article 8 of the Covenant.
33.
The Committee recommends that the social security laws in force in Iraq
be applied without any discrimination. To this end, the Committee suggests
that Law No. 39 of 1971 on Workers’ Pension and Social Security be reviewed.
34.
The Committee urges the Government to provide, in its next periodic
report, concrete and comprehensive information on measures taken or foreseen
in order to address the psychological and emotional problems affecting
children after years of armed conflict and related economic and social
constraints, and the problem of child labour. Moreover, the Committee
stresses the need for protection of all working minors, including those
employed in family undertakings, and it recommends that article 96 of the
Labour Code be reviewed accordingly.
35.
The Committee recommends that all appropriate measures be taken by
the authorities to implement, without discrimination, the right to adequate
housing under article 11 of the Covenant, and calls the attention of the State
party to its General Comment Nos. 4 and 7.
36.
The Committee recommends that every effort be made by the Government to
ensure, through the development of adequate infrastructure in all parts of the
country, access to potable water by the population as a whole, especially in
the rural areas.