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POL-84

This is a proposal for discussion, not an enacted law.

Ali Zuweid's Political Programme

Package of ratification and implementation laws · Health, Social Protection and the Family

Package for Ratifying International Labour Conventions C190 and C189

Two draft laws ratifying the Violence and Harassment Convention and the Domestic Workers Convention, with implementing provisions ensuring alignment of the Labour Law and protection in the public sector, domestic work, recruitment, social security and enforcement.

Document number
POL-84
Version
1.0
Publication date
7 October 2026
Scope
Republic of Iraq

Executive summary

As of 7 October 2026, the International Labour Organization's official NORMLEX database lists both the Domestic Workers Convention, 2011 (No. 189), and the Violence and Harassment Convention, 2019 (No. 190), among the up-to-date conventions not ratified by Iraq. Convention No. 190 covers all public and private sectors and the formal and informal economies, while Convention No. 189 establishes an international minimum standard of rights for a category working within homes that requires regulation balancing workers' rights with the inviolability of the home.

The legislative timing is exceptionally favourable. On 25 July 2026, the Council of Representatives completed the first reading of the proposed first amendment to Labour Law No. (37) of 2015. The Council expressly stated that the proposal seeks to eliminate violence and harassment in the world of work and regulate domestic work by Iraqis and foreigners, as well as the recruitment and employment of foreign workers. In September 2026, the competent parliamentary committee continued reviewing the amendment with the Ministry of Labour, the International Labour Organization and social dialogue partners, discussing criminalization of harassment and violence and governance of recruitment and employment.

This document therefore does not propose a system parallel to the Labour Law. The package comprises a separate ratification law for Convention No. 190, a separate ratification law for Convention No. 189, and integrated implementing provisions suitable for incorporation into the ongoing Labour Law amendment, alongside a parallel process to align public service rules because Convention No. 190 is not confined to private-sector workers. For domestic work, protection extends to contracts, wages, rest, privacy, possession of documents, safety, social security, fair recruitment and inspection balanced with the inviolability of the home.

Conventions 190 and 189 give the state twelve months after registration of ratification before each becomes binding on Iraq. The package treats this interval as a period for legislative and institutional implementation, not waiting: instructions are issued, complaint and inspection channels prepared, domestic work contracts registered, and the Ministry of Labour coordinates with the Ministries of Foreign Affairs and Interior, the Service Council, judicial bodies and social dialogue partners.

Current legal position

Iraq's current framework principally rests on Labour Law No. (37) of 2015, governing employment relationships, wages, working hours, occupational safety and health, inspection and employment of foreign workers, and the Workers' Pension and Social Security Law No. (18) of 2023 for insurance protection. In March 2026, the Iraqi Gazette published Instructions No. (1) of 2026 on the Recruitment, Employment and Licensing of Foreign Workers in Iraq, providing a recent regulatory basis that can be linked to protection of migrant domestic workers.

Current regulation does not yet provide one complete system meeting every element of both conventions. Convention 190 requires protection extending to the world of work in its broad sense, including the public sector and people outside a conventional employment relationship. Convention 189 requires detailed domestic work rules on contracts, rest, accommodation, documents, recruitment, inspection and social security—areas the Council itself acknowledged in July 2026 needed inclusion in the Labour Law amendment.

Status of the two conventions for Iraq as of the document date
InstrumentInternational statusIraq's statusLegislative implication
ILO C190 — Violence and Harassment, 2019Entered into force internationally on 25 June 2021Not ratifiedRatification law + alignment of labour, public service, safety and remedy legislation
ILO C189 — Domestic Workers, 2011Entered into force internationally on 5 September 2013Not ratifiedRatification law + a comprehensive domestic work chapter and regulation of recruitment, social security and inspection

Constitutional and procedural basis

Article (61/Fourth) of the Constitution of the Republic of Iraq provides for ratification of international treaties and agreements to be regulated by a law enacted by a two-thirds majority of Council of Representatives members. The President of the Republic ratifies international treaties and agreements following Council approval under Article (73/Second), while the federal authority has exclusive responsibility for negotiating, signing and concluding international treaties and agreements under Article (110/First). Treaty Conclusion Law No. (35) of 2015 regulates the relevant domestic procedures.

International Labour Organization conventions use a 'ratification' mechanism registered with the Director-General of the International Labour Office. Each of Conventions 189 and 190 enters into force for the state twelve months after registration of ratification. Accordingly, the appropriate domestic instrument is a ratification law for each convention, followed by international deposit, alongside domestic legislative implementation before international entry into force.

Package principle: Two short ratification laws followed by deferred implementation are insufficient. Sound ratification links international approval from the outset to enforceable implementing provisions and clear deadlines for regulations, inspection, complaints and social coverage.

Core obligations of the two conventions

Matrix of principal obligations
SubjectC190C189What Iraq needs to do
ScopeAll sectors and the world of work in its broad senseEveryone performing domestic work as an occupationExtend protection beyond the conventional employment relationship and expressly regulate domestic work
ProhibitionDefine and prohibit violence and harassment, including gender-based violence and harassmentProtect domestic workers against abuse, harassment and violenceLegal definitions, prohibition, non-retaliation, penalties and remedies
PreventionWorkplace policies, risk assessment and trainingSafety, health and decent working conditionsIntegrate psychosocial risks into occupational safety and adapt this to domestic work
RemediesComplaints, investigation, compensation and protection against retaliationEffective access to courts and complaint mechanismsConfidential channels, labour courts, criminal referral where necessary, and assistance for migrant workers
Contract and time—A clear contract, equal treatment in working time and rest, and at least 24 consecutive hours of weekly restWritten contract, documented pay, working and standby hours, leave and rest
Recruitment and migrationProtection of at-risk groupsA contract before crossing borders, agency regulation and retention of documentsConnect the Labour Law, the 2026 Instructions and anti-trafficking measures through one enforceable mechanism
Social protectionAppropriate support measuresProtection no less favourable than for workers generally, including maternity, with progressive implementation possibleInclude domestic workers in social security through a household-appropriate contribution mechanism

Structure of the proposed legislative package

  1. Convention No. 190 ratification law: grants legislative approval and identifies the bodies responsible for deposit, coordination and reporting.
  2. Convention No. 189 ratification law: grants legislative approval and connects ratification to safeguards for domestic work and recruitment.
  3. Incorporate implementing provisions into the ongoing amendment of Labour Law No. 37 of 2015: rather than create a parallel labour statute, the package uses the parliamentary process opened in 2026.
  4. Align public service rules: because Convention 190 includes the public sector, protection must not remain confined to the Labour Law. Binding rules are added to public service, disciplinary and public human-resource legislation.
  5. Coordinate social security, recruitment and anti-trafficking measures: prevents institutional duplication and connects the recruitment agency, employer, social security department and inspection function in a continuous process.

Implementation in the public sector

Convention No. 190 does not permit protection to be confined to the private sector; it covers both public and private sectors. A parallel public-service legislative process is therefore required, ensuring at least definition and prohibition of violence and harassment, a policy for each public body, a complaint channel not exclusively controlled by the hierarchy of the person complained against, protection for complainants and witnesses, impartial investigation, temporary measures, judicial or administrative appeal, and inclusion of psychosocial risks in occupational safety.

When a modern federal civil service law is enacted, these rules should be permanently incorporated. Until then, alignment should proceed through amendments to applicable service and disciplinary legislation and unified binding instructions for all public bodies within legal limits. Instructions must not become a permanent substitute for safeguards requiring a legislative basis.

Alignment with existing legislation

Legislation and processes requiring coordination
Legislation / processType of alignmentPurpose
Labour Law No. (37) of 2015 and its proposed first amendment of 2026Direct amendmentViolence and harassment, domestic work, recruitment, inspection and remedies
Workers' Pension and Social Security Law No. (18) of 2023Implementation coordination or amendment where neededDomestic worker coverage suited to household employers
Instructions No. (1) of 2026 on Recruitment, Employment and Licensing of Foreign WorkersAmend the instructions after ratificationPre-travel contracts, fees, possession of documents, change of employer and grievances
Public service and disciplinary legislationLegislative amendmentCoverage of public-sector employees and public bodies under C190
Combating Human Trafficking LawReferral and coordinationForced labour, exploitation, withholding of documents and trafficking indicators
Occupational safety and health and inspection rulesUpdate regulations and instructionsInclude psychosocial risks and inspection mechanisms proportionate to private homes

The package does not redefine sexual offences, assault, detention or trafficking where other laws already criminalize them; it links the labour process to those laws. The prohibition on duplicate punishment for the same act and fair-trial safeguards remain subject to general rules.

Transitional provisions and implementation requirements

  1. Complete both ratification laws and deposit both instruments with the International Labour Organization.
  2. Approve the implementing provisions within the Labour Law amendment before international entry into force, or as soon as possible thereafter.
  3. Issue instructions on domestic work, recruitment, inspection and complaint channels within six months.
  4. Create a standard domestic work contract capable of electronic registration and available in Arabic and the languages most commonly used by migrant workers.
  5. Launch phased registration of domestic workers in social security within twelve months, simplifying household obligations rather than making registration so complex that it drives activity outside the system.
  6. Train labour inspectors, judges, law-enforcement bodies and competent officials to distinguish labour disputes, violence and harassment, forced labour and trafficking.
  7. Prepare public service amendments in parallel so C190 does not enter into force with a gap between public and private sectors.

Financial and implementation impact

The package requires no new federal authority. It can primarily be implemented through the Ministry of Labour and Social Affairs, Labour Inspection Department, Workers' Pension and Social Security Department, Ministry of Foreign Affairs, Ministry of Interior, public service bodies and judiciary. The main financial impact arises from developing a domestic work contract registration and complaints platform, expanding training, inspection and translation, and preparing social security systems to accept household employers.

This document provides no cost figure implying false precision: estimation depends on actual registered domestic worker numbers, inspector numbers and reusable existing digital infrastructure. The proposed implementation framework requires the Ministry of Labour to prepare a detailed cost estimate while drafting instructions, separating technical development, training and annual operations and identifying existing resources that can be reused.

Regulation can, in turn, produce measurable benefits: more registered employment relationships, higher social security enrolment, fewer disputes arising from unclear contracts, stronger state oversight of recruitment agencies, and an early intervention route before some violations develop into trafficking, forced labour or more costly criminal disputes.

Explanatory memorandum

1. Why ratify now?

The Labour Law amendment process is already open in the Council of Representatives, and its announced content directly overlaps with both conventions. Ratification now gives the amendment a clear international standard and avoids the need for another legislative round shortly afterwards. Iraq has also accumulated experience in recent years ratifying other international labour conventions, and can use existing institutions to manage reporting and implementation.

2. Why two ratification laws rather than one?

Each convention has a distinct subject, scope and international obligation, and deposit and registration with the International Labour Organization occur convention by convention. Separate ratification laws improve legislative clarity and make each instrument's registration and entry-into-force dates traceable. This document groups them together because their domestic implementation is interconnected.

3. Why is the Labour Law alone insufficient to implement C190?

The Convention covers the public sector, informal-economy workers, trainees, jobseekers and others outside a conventional private employment relationship. Iraq therefore needs a strong private-sector labour rule and parallel public-service rules, alongside roles for public authorities in the informal economy.

4. Why does domestic work need specific regulation?

The workplace is a private home, the employer is usually a household rather than a business, and the worker may live in the home or be a migrant dependent on a recruitment intermediary. These features create different risks: unclear standby time, difficult inspection, isolation, withholding of documents, weak wage records, and dependence on accommodation and residence status. At the same time, the home and privacy must be respected, so the package uses graduated inspection rather than unrestricted entry into homes.

5. Relationship to combating human trafficking

Not every breach of a domestic worker's contract constitutes trafficking. Certain indicators, however—deceptive recruitment, withholding documents, restricting movement, non-payment accompanied by threats, and forced labour—may indicate trafficking or criminal exploitation. The package creates an institutional bridge between labour inspectors and the national anti-trafficking referral mechanism without treating every labour dispute as a criminal case.

6. Protecting privacy and defence rights

Effective implementation of C190 requires safe, confidential channels, but confidentiality does not mean opaque procedures or condemnation without a defence. The package protects complainants' and witnesses' data as far as possible while ensuring that the person complained against can know the substantive allegations and answer them before an impartial body. It also distinguishes temporary preventive measures from final penalties.

7. Ensuring implementability

The package creates no new institutions merely to match international form. Implementation rests on existing institutions with specified additional duties. Fines are linked to multiples of the minimum wage rather than fixed amounts that lose value over time, while serious criminal conduct is referred under the relevant criminal laws.

Sources and references

  1. Iraqi Council of Representatives — Constitution of the Republic of IraqConstitutional reference for Article 61/Fourth, Article 73 and Article 110.
  2. Ministry of Justice — Iraqi Gazette, issue 4383: Treaty Conclusion Law No. (35) of 2015Domestic legal framework for treaty conclusion.
  3. ILO NORMLEX — Up-to-date Conventions not ratified by IraqShows C189 and C190 continuing to be listed as unratified as of the document date.
  4. ILO NORMLEX — Violence and Harassment Convention, 2019 (No. 190)Official Convention text, including scope, prevention, enforcement, registration and entry into force.
  5. ILO NORMLEX — Domestic Workers Convention, 2011 (No. 189)Official Convention text, including contracts, rest, documents, recruitment, social security and inspection.
  6. ILO NATLEX — Iraqi Labour Law No. (37) of 2015Reference for the structure of the Labour Law in force.
  7. Iraqi Council of Representatives — Decisions and Recommendations of the Sitting of 25 July 2026Evidence of completion of the first reading of the proposed first Labour Law amendment.
  8. Iraqi Council of Representatives — Labour Committee Discusses Labour Law Amendment with the International Labour Organization, 3 September 2026Documents discussion of violence, harassment, recruitment and recent labour amendments.
  9. Ministry of Justice — Iraqi Gazette, issue 4863 of 2026Includes Instructions No. (1) of 2026 on Recruitment, Employment and Licensing of Foreign Workers in Iraq.
  10. International Labour Organization — Recommendation No. 206 supplementing Convention No. 190Interpretive reference for prevention policies, remedies and training.
  11. International Labour Organization — Domestic Workers Recommendation No. 201Supplementary reference for implementing decent work provisions for domestic workers.

This document is a legislative proposal within Ali Zuweid's Political Programme and is neither a law in force nor an existing ratification unless the official constitutional and legal procedures are completed.

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