E/C.12/1/Add.17
page 4
17.
Taking note of the report of the Committee of Experts of the
International Labour Organization on the implementation of ILO Conventions
No. 19 and No. 118, the Committee expresses its concern that, under
section 38 (b) (ii) of the Workers’ Pension and Social Security Law No. 39
of 1971, the payment of benefits abroad to a citizen of another country will
only be ensured if he returns to his country of origin at the end of his
insured period of service. The Committee notes that this precludes workers
who leave Iraq before their contract period has expired or who settle in a
country other than their country of origin from receiving their benefits.
Further, in accordance with section 38 (b) (iii) of the Law, payment of
benefits is made outside Iraq only under reciprocity agreements or
international labour conventions, and are subject to authorization under
Instruction No. 2 of 1978 regarding the payment of social security pensions to
insured persons leaving Iraq. Furthermore, the Committee notes with concern
the declaration by the delegation that, due to the current situation in Iraq,
all such payments have been suspended.
18.
With respect to article 9 of the Covenant, the Committee notes that,
although Iraq’s legislation makes provision for social security, the
implementation of that law has been hampered by the current economic
difficulties facing the country due to the severe reduction of the State
party’s income.
19.
The Committee further expresses its concern about the increase in child
labour, and regrets the lack of information on any measures taken by the
authorities to address this problem. In particular, the Committee regrets
the lack of information on any inspection mechanisms in place to survey the
implementation of the Labour Act No. 71 of 1987 regulating the protection of
young persons with regard to employment and conditions of work. Moreover,
the Committee notes with concern that, in accordance with article 96 of the
Labour Code, children employed in family undertakings under the authority or
supervision of the father, mother or brother are not protected by the specific
provisions of Labour Act No. 71 of 1987.
20.
With respect to the right to adequate housing under article 11 of the
Covenant, the Committee expresses its concern about reports of discrimination
in the enjoyment of this right, especially in relation to forced evictions of
members of certain minorities (Kurds, Turkomans and Shi’a Muslims) and the
situation of “squatters” in urban areas.
21.
The Committee notes with concern that, according to a survey conducted
in 1995 by government agencies with the support of UNICEF, 50 per cent of the
rural population in the central/southern part of Iraq had no access to potable
water supplies. This figure increases to 90 per cent in the southern
governorate of Thigar. In this respect, the Committee stresses that this
situation does not conform with the provisions of article 11 of the Covenant
on the right of the population to an adequate standard of living.
22.
With respect to article 12 of the Covenant, the Committee notes with
concern that, with the destruction of parts of the infrastructure in Iraq, the
non-availability of safe drinking water has led to widespread contaminated
water and related health problems, such as water-borne and diarrhoeal diseases
and cholera. The Committee also notes with concern that, due to food