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OO RUEHBC RUEHDA RUEHDH RUEHKUK
DE RUEHGB #0190/01 0251506
ZNR UUUUU ZZH
O 251506Z JAN 10
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6289
INFO RUCNRAQ/IRAQ COLLECTIVE
RUEHC/DEPT OF LABOR WASHDC

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 
 
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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 
 
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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