E/C.12/1/Add.17
page 3
and the adoption of sanctions. In this respect, the Committee, reiterating
the concern it expressed in its previous concluding observations
(E/C.12/1994/6, para. 6), notes that sufficient measures have not been taken
to date by the authorities to alleviate the extremely difficult living
conditions of the Iraqi population and the deprivation of most of their basic
economic, social and cultural rights.
11.
The Committee expresses regrets for the lack of statistical information
on the economic, social and cultural situation in Iraq in the report and in
the dialogue with the delegation.
12.
The Committee notes with concern the lack of information on any measures
taken by the State party to spread awareness of human rights, and especially
economic, social and cultural rights, among the population.
13.
The Committee expresses concern about reports of discrimination against
members of certain minorities, and especially the Kurds, Marsh people,
Assyrians, Shi’a Muslims and Turkomans, with respect to their enjoyment of
rights under the Covenant. Furthermore, the Committee notes with deep concern
reports stating that the effect of the embargo is harsher on members of
racial, ethnic or religious minorities, and that there exists discrimination
in the allocation by the authorities of the limited resources available
between rural and urban areas, and against the southern region with respect
to the Marsh people.
14.
With respect to article 3 of the Covenant, the Committee expresses
concern about discrimination against women, in law and in practice, concerning
inheritance rights, freedom of movement, family law, equal remuneration for
equal work, and access to employment. With respect to the latter, the
Committee notes with concern that the unemployment rate is higher among women
than among men.
15.
The Committee expresses its concern that it is possible, under
Law No. 104 of 1981 and the Penal Code, to condemn a person to compulsory
labour, as a part of a prison sentence, 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. The
Committee finds that this practice is designed to prevent or inhibit free
expression in relation to policies and practices which have a direct bearing
upon the enjoyment of economic, social and cultural rights.
16.
The Committee notes with concern that, in contravention of the
provisions of article 8 of the Covenant, independent trade unions are not
allowed in Iraq, since the 1987 Trade Union Organization Law establishes a
single trade union structure, centralized within the General Federation of
Trade Unions, which is in turn controlled by the ruling Ba’ath party. The
Committee also notes that public sector workers and workers in State-owned
enterprises are not allowed to join trade unions. Furthermore, the Committee
notes with concern that the 1987 Law does not recognize the right to bargain
collectively and that severe restrictions, including penal sanctions, are
imposed on the right to strike.