A Comparative Study of Ethnic Discrimination in Employment Law in Iraq and Iran

A Comparative Study of Ethnic Discrimination in Employment Law in Iraq and Iran

Abstract

Discrimination in employment rights refers to unequal pay and benefits, access to job opportunities, and career advancement among individuals based on factors such as gender, race, ethnicity, religion, age, and social status. In Iraq, the country's constitution guarantees equal rights for all Iraqi citizens, regardless of ethnicity, race, religion, and other factors. Additionally, Iraqi labor and employment laws prohibit ethnic discrimination and require employers to act without regard to ethnicity when hiring and promoting employees. Similarly, in Iran, the country's constitution guarantees equal rights for all Iranian citizens. Iranian labor and employment laws also prohibit ethnic discrimination and require employers to act without regard to ethnicity when hiring and promoting employees. Despite the clarity of the laws in both countries, ethnic bias and favoritism have unfortunately replaced meritocracy in many organizations and institutions. This type of discrimination can have detrimental effects on individuals and society, as ethnic discrimination in employment rights violates the principle of social justice. This research paper, with a descriptive-analytical approach and relying on library documents, addresses the issue of employment rights and compares the two countries of Iraq and Iran. The comparative results of the present study show that both countries are committed to guaranteeing equal rights and benefits for their citizens. However, in Iran, discriminatory policies exist that lead to ethnic discrimination in certain industries and specific jobs and in Iraq, ethnic discrimination is illegal, and there is no difference between Iraqi citizens in employment.

Keywords: Ethnic discrimination, employment, jobs, Iraqi law, Iranian law

Introduction

the principle of equality and non-discrimination in administrative rights means that individuals should not have any differences in enjoying social, economic, political, and cultural rights under equal conditions. Employment rights are an important aspect of administrative law that sets administrative processes in motion, with administrative law addressing legal and judicial aspects, and employers must be in contact with job seekers regardless of their race or ethnicity. The reality of today's society is that all individuals have different abilities and can choose their job based on that, and there is no need to refer to their race or ethnicity. Although Iraq's 2005 constitution has condemned ethnic discrimination, the directions in this country range from the prime minister's office to ministries and even low-level jobs are divided based on ethnicity.^[1] Even the provision of services to citizens is based on ethnicity, with ethnicity replacing meritocracy. Similarly, due to the dual government system in Iraq, there are various ethnicities, including Kurdish Turkmen, Assyrians, and Chaldeans, and designations such as state president, legislative speaker, judicial chair, and army chief must be specified. The difference is that there is no conflict in the appointment of these positions in Iraq, but discrimination exists in practice. Discrimination is unfortunately widespread and affects all aspects of life, including employment, for Iraqi citizens of all factions, and this is why Iraq has two governments in Baghdad and the Kurdistan region, with different religious minorities including Turkmen, Assyrian, and Chaldean, and discrimination is very severe. As mentioned in the Geneva Justice Center's report, there are documented cases of direct or indirect human rights violations by armed militias, including the arrest and imprisonment of individuals based solely on ethnicity, with most detainees being Sunni Arabs held in secret prisons so that their families do not know their whereabouts. ^[2]In Iran, the issue of inequality and ethnic discrimination has been a subject of concern and public debate both inside and outside the country for decades.Iran signed Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination on August 28, 1968. This article obligates states to ensure equality before the law, and Article 6 commits countries to seeking effective remedies for any kind of ethnic discrimination that would violate fundamental human rights and freedoms inconsistent with this convention. The United Nations called on the Iranian government to address ethnic discrimination in Iran in 2010.The United Nations Committee on the Elimination of Racial Discrimination, comprising a group of 18 independent human rights experts, stated in 2007 that Iran is devoid of any kind of ethnic discrimination.

However, it appears that the participation of these individuals in society may be below expectations. This committee, in addition to periodic examination of the international treaty adopted in 1969, has expressed concerns over the limited enjoyment of political, economic, social, cultural, and other rights by Arab, Azeri, Baloch, Kurdish, and other non-citizen communities in Iran. This is because the Iranian legislator has adopted a traditional approach and focused on a cultural particularism structure, maintaining a stance of silence regarding cultural differences among minority groups, leading to a legal vacuum. The presence of various Iranian ethnic groups has contributed to the formation of diverse cultures. Therefore, it is necessary for the government to incorporate this cultural diversity into its recruitment legislation or private sector employment practices. Criminal courts have also taken a stance of absolute non-acceptance of cultural defense. As a result, the principle of inherent equality against the law has been violated with regard to minorities, and the rights of minorities, such as holding judicial positions, accessing justice as plaintiffs or defendants, and providing credibility in proving criminal events, have been placed under the category of religion. In the legislative sphere, adherence to values has led to the implementation of discriminatory legal prohibitions against minorities. In judicial practice, judges, who mainly belong to the majority group with specific ideological beliefs, demonstrate a negative response to behaviors stemming from the culture of minority members and tend to show unfair and harsher treatment towards defendants associated with minorities in judicial decisions.

In cases of two neighboring countries with different ethnicities, sometimes ethnicities are shared, and inequalities exist in employment systems such as institutionalized discrimination and planning in Iran and the problems of having two governments in Iraq, recent wars, widespread ethnic discrimination in Iraq's Kurdistan region, and the neglect and inadequacy of laws in this area. Given the limited laws in Iran and Iraq, progressive research with constructive suggestions will pave the way for improving laws and adopting new ones.

This research uses a descriptive-analytical approach and is a comparative study due to the abundance and commonality of ethnic discrimination in the issue of employment rights in Iraq and Iran. The subject is the nature of non-discrimination of citizens in national employment regardless of religion, ethnicity, culture, and language in Iranian and Iraqi administrative law, focusing on international and regional human rights documents and Iran and Iraq's approach to discrimination. The laws that lead to employment discrimination in public and private sectors and ultimately the essence of the lack of discrimination of citizens in the area of promotion and appointment to administrative positions in Iranian and Iraqi administrative law are addressed with attention to national service management.

The first topic: concepts

First Discourse: Discrimination

Discrimination is a social situation where equality among individuals in what is considered equal is violated. Discrimination refers to unequal and oppressive behavior of one group towards another. On an individual level and organizational structure, discrimination exists at three levels: individual, powerful individuals intending to mistreat members of other groups through behaviors such as idleness or homelessness, destruction of property, causing physical or psychological harm, negative impacts, or harm. Organizational discrimination arises from the policies of majority social, political, or economic organizations in society, which are implemented or controlled by some individuals.^[3]

Racial discrimination, gender discrimination, religious discrimination, and age discrimination are common forms of discrimination. Discrimination is exclusionary and anti-egalitarian, a form of injustice. In the research of Taghreed Mahmoud Qadouri (2017), the issue of discrimination and inequality is considered as the principle of equality in public office and freedom of employees in expressing opinions as citizens who, like other citizens enjoying all rights and freedoms, and Nauman Rashid and Kurdi Rashid (2019) state equality as the principle of equal opportunities for all members of society according to the Constitution of 2005 and demonstrate that the enjoyment of equal rights in accessing public services is a concern that must be fundamentally addressed, and Abdul Karim (2019) considers equality as the existence of a relationship between human nature and natural rights. Talabi and Alizadeh (2019) also examined ethnic discrimination and inequality in Iranian universities with a case study of Turks and Kurds, which based on their results, the university experience for Turkish and particularly Kurdish students embodies significant aspects of ethnic discrimination and inequality, especially revolving around language and religion.

Of course, ethnic discrimination can be seen in various forms, such as lack of access to services, economic sanctions, lack of equal rights, and so on. Paying attention to the issue of ethnic discrimination is important for society in order to identify and eliminate obstacles to fair treatment of different individuals. The main goal of this effort is to maintain balance and equality in the society and to prevent discrimination and inequality in dealing with different individuals. In general, paying attention to the issue of ethnic discrimination can help strengthen the background for equality, increase solidarity, and lay the foundation for a fair and lasting society.

The need to address this issue can be highlighted from two important perspectives:

1- Fundamental nature of ethnic discrimination: Ethnic discrimination has always been a matter of concern due to its fundamental nature and the far-reaching effects it has on society. Although in some communities this issue has apparently diminished, it still exists extensively in many parts of the world.

2- Importance of ethnic discrimination for the society: As a society, we must deal with existing ethnic discriminations within ourselves and try to minimize this issue. This not only leads to the happiness and well-being of individuals, but also to the social, cultural, economic, and political development of the country. Also, since ethnic discrimination leads to violence and inequality, it causes great harm and loss to the society and their livelihood. Therefore, paying attention to the issue of ethnic discrimination is essential and should always be on the agenda, considering its far-reaching effects on the society..^[4]

Two Discourse: Employment

Employment, as a term, means "being taken into service." Generally, employment refers to an agreement made between an employee and an employer. This agreement may include verbal and written guarantees for the provision of services and control and supervision over the work to be performed between the parties. This agreement is usually accompanied by the employer's guarantee of profit for the employee, as well as the determination of wages. The necessary conditions in this agreement clearly include the type of work, working hours, wage rate, and other conditions. The employment process involves recruitment, selection, and ultimately, the attraction of qualified job applicants. This process can be relatively simple, but technological advancements, a competitive job market, and a diverse workforce spanning up to five generations can make the first step (attracting qualified applicants) particularly challenging. Employment is a key aspect of Human Resource Management (HR) and is supported by the HR manager and other personnel involved in the employment process. Skillful recruitment efforts distinguish a company and make it more attractive to high-quality employees—a strategy that can have a direct impact on a company's performance.^[5]

The second topic: Ethnic discrimination in employment rights in Iran

Article 19 of the Constitution of the Islamic Republic of Iran states that all Iranians, regardless of their political, cultural, and religious beliefs, are equal before the law and no discrimination shall be made against them. Moreover, in court proceedings, efforts are made to avoid ethnic discrimination, and all individuals are equal before the law. However, as you know, there may be cases of ethnic discrimination in Iran, which can be discussed and investigated..^[6]

In the Iranian legal system, ethnic discrimination is prohibited, and the country's laws guarantee the rights of all citizens without discrimination based on ethnicity, race, gender, religion, language, or any other personal characteristic. The Constitution of the Islamic Republic of Iran, ratified in 1979, ensures these rights and states that all individuals are equal under the law and that ethnic discrimination is prohibited. In general, Iranian laws have been enacted to protect citizens' rights and ensure their equality. Individuals can refer to judicial authorities and organizations to defend their rights and demand justice in the event of legal violations or discrimination.

There may be specific instances of ethnic discrimination in practice, but these cases do not represent the general legal system in Iran.

For example, there are provisions in various laws, such as the Iranian Labor Law enacted in 2013, that specifically address the rights of ethnic minorities. Article 209 of this law stipulates: "Employers must employ workers based on their qualifications and skills without any discrimination or preference based on skin color, gender, race, ethnicity, religion, nationality, political beliefs, etc."

In Iranian law, discrimination in employment based on sex, race, religion, age, language, nationality, political belief, etc., is prohibited. This prohibition is evident in various parts of the law, as exemplified by Article 209 of the Iranian Labor Law mentioned above. .^[7]

If an individual feels they have been subject to employment discrimination, they can file a complaint with the relevant legal support organization. In cases where discrimination has been systematic and widespread, a complaint can be made to the Ministry of Labor and Social Affairs. Iranian law strictly prohibits discrimination in public sector employment and does not tolerate any form of discrimination based on gender, race, religion, ethnicity, etc. If discrimination in government employment occurs, the affected individual has the right to file a complaint through judicial and administrative channels, and if the complaint is verified, the case will be dealt with according to the relevant legal procedures. ^[8]

One Discourse: Executive mechanisms for enforcing the prohibition of ethnic discrimination in employment

Taking into account that the Constitution of the Islamic Republic of Iran considers the establishment of a sound administrative system and the elimination of non-professional organizations as one of the duties of the government, ordinary laws such as the Civil Service Law and subsequently the Civil Service Management Law and the laws of the five-year development plans as well as the twenty-year vision document of the system have taken into account the problems and shortcomings related to human resources, which can be mentioned as follows:

- Increasing the specialized and research capacity of government agencies to increase their efficiency

- Achieving employment justice for entering government service

- Selecting the most qualified candidates for entry into service

- Establishing a system for planning the recruitment of human resources needed by the public sector

The Law of the Vision Document of the Islamic Republic of Iran in 2025 AD, approved on 2004/08/13, emphasizes the preservation of human dignity and rights, and the necessity of equal opportunities and appropriate income distribution.

approved on 2010/10/15, declares justice, equality, and merit selection as one of the duties of the government. Article 1 of this law obliges the government to achieve the indices of social and economic justice, based on the growth and development of human beings on the basis of right and justice. Article 57 stipulates that the recruitment of human resources on a permanent or contractual basis in the executive branch, subject to compliance with the ceiling of authorized recruitment credits, shall be subject to public examinations, as determined and approved by the Deputy for Management Development and Human Resources of the President. Article 21 obliges the government to reduce the level of competence of the country's workforce to the global standard level.

Two Discourse: National Selection Law

The review of employment equality in the National Selection Law has faced numerous challenges, which we will discuss below:

One of the main objectives and motivations of research on the subject of equality, especially equality in public employment, is to examine how applicants for public sector jobs are assessed by groups known as "selection committees". The methods used by these committees can be obtained in two main ways:

1. Investigating the applicant's background, characteristics, and preferences through local inquiries.

2. Interviewing the applicant and asking various questions about their beliefs and convictions, especially in the areas of politics, religion, and culture.

In the context of inquiring about people's religious and political beliefs in order to identify and persecute opponents, this practice is known as the Inquisition. Beliefs can be religious, social, political, or ideological in general. Therefore, according to the context of Article 23 of the Constitution, which uses the term "beliefs", inquiring about any type of belief in any context is prohibited.

On the other hand, the violation of individual freedom and the right to freedom of belief by government officials is a crime (Articles 570 and 571 of the Islamic Penal Code). Despite the fact that in practice, according to ordinary laws, regulations, circulars, and instructions, individuals are always subjected to written and oral scrutiny for employment in government agencies, and ultimately, individuals who have the necessary expertise to hold the intended position will only enjoy this fundamental right if they hold specific beliefs.

This type of investigation and inquiry and the issuance of an opinion on the applicant is also in conflict with rights such as freedom of expression and the prohibition of prying. In the Iranian Constitution, there is no principle that explicitly recognizes freedom of expression in general. However, freedom of expression and belief can be implicitly inferred from Article 23 of the Constitution.

The selection bodies were initially formed after the victory of the Islamic Revolution, considering the revolutionary space and conditions and with an approach to prevent the infiltration of unwanted elements, prejudices, and mistakes. However, it became extreme and biased. By learning from the above mistakes and shortcomings and the omission of faults, the Order of the Supreme Leader of the Islamic Republic of Iran was issued on ۱۳۶۱/۱۰/۱۵ due to its extremism and narrow-mindedness, superficial and unscientific issues, irrelevant and deviant questions, intrusion into people's privacy, and disregard for the current situation of individuals. The new selection bodies are formed of competent, committed, and rational people familiar with current issues and taking a forgiving view of mistakes and not being oppressive towards them. On 6/22/1373, the Law on the Selection of Teachers and Education Staff was approved, and on5/26/1375 the Draft Law on the Selection of Teachers and Education Staff was approved for employees of ministries and government institutions and companies.

Article 10 of the said law entrusts the task of reviewing and determining the moral, ideological, and political qualifications of applicants covered by this law before the stage of final employment to the selection committees under the supervision of the Central Selection Committee. Article 13 announces the conditions of the members of the committees, which are taken from the decree of 1982/10/15, except for the conditions of paragraph A, such as two righteous, committed agents, and... In paragraph B, 23 years of age and marriage are the only conditions for membership in the committees, and no scientific and specialized qualifications in the legal and judicial fields, despite the adversarial nature and sensitivity of the complexity of the expression of opinion and the government's commitment to observing the equality of citizens in the use of public opportunities, are considered as conditions for membership.

The first stage of review is by the relevant selection committee (with at least two new members); the second stage is by the Central Committee, and a two-month period is set for objectors to refer to the Administrative Court of Justice. In addition, Paragraph 2 of the said article provides for the possibility of the intervention of the Supreme Selection Committee with regard to the proceedings of any of the issued rulings and any violation, correction, or cancellation.

Paragraph 1 of Article 16 considers the selection of non-official and non-permanent forces, including daily wage earners, contract workers, contractors, and similar titles, within the framework of the provisions of this law.

The Selection Executive Regulations, approved on 1998/6/31, also mention the aforementioned conditions and regulations, and Paragraph 1 of Article 2 of the said regulations stipulates that any recruitment and employment of official and non-official forces shall be subject to the selection process and considers the payment of any amount without observing the selection regulations as illegal. Paragraph 2 of the said article, by expanding the scope of individual's subject to selection, has also made the following subject to the approval of the selection: sending a fixed mission abroad with a mission or transfer to another agency in sensitive jobs, receiving a scholarship, and also accepting applicants to higher education centers affiliated with the agencies. Article 3 clarifies the concept of practical commitment to Islamic provisions, which includes the performance of obligatory duties such as prayer, fasting, and avoiding forbidden things. Despite the existing capacities, such laws have not been mentioned in the rulings of the General Assembly of the Administrative Court of Justice. ^[9]

The third topic: Ethnic discrimination in employment rights in Iraq

Iraqi laws regulating the application of rights for all people without discrimination are administered by Article 14 of the Basic Law, which states: "Iraqis are equal before the law without discrimination based on gender, race, nationality, origin, color, religion, sect, belief, or social or economic status." All citizens are equal in civil rights, and there is no discrimination in professional education for individuals based on race, color, gender, religion, or national origin, just as the Iraqi constitution, Labor Law No. 71 of 1987, Civil Service Law No. 24 of 1960 and relevant laws guarantee the right to work for every citizen who is able to do so, providing equal opportunities and conditions for all citizens without discrimination and the text of the Basic Law in the section on public rights and freedoms, the provisions of the legal and judicial authority, and Article 24 of the Civil Service Law of 1960, and Article 29 of this law in matters related to employment conditions have also examined this issue. Also, Law No. 5 of 2015 on supporting minorities in the Kurdistan Region of Iraq has paid attention to this issue.

Articles 29 and 30 related to employment in Law No. 24 of 1960 in Iraq state that Article 29 stipulates the duties of the committee regarding employment and re-employment as follows:

1. Testing the competence of nominees or re-employees through interviews, written tests, or both, to demonstrate their competence and integrity. Except for those who have a background of service in a field in which they have expertise or higher education degrees, unless the number of applicants exceeds the number of positions.
2. Issuing a certificate of competence to each individual before employment or re-employment, and upon transfer to educational, medical, and engineering positions, provided that this certificate includes academic credentials, job title to be appointed, and in case of transfer from one position to another other than the aforementioned positions, it will be decided by the Minister of Health.
3. Employment based on the following:

A. General conditions for participating in civil service entrance exams and qualifications required for different positions.

B. Regulations for organizing examinations that provide equal opportunities to individuals interested in entering civil service at all points of Iraq.

C. Ensuring the integrity of the exams.

D. Ensuring the cooperation of the Civil Service Council with ministries and local administrations to implement the provisions of the above items.

1. Local administrations may appoint employees after succeeding in examinations conducted by the committee formed under the Council of the General Service Council in accordance with Paragraphs 8 and 9, but these employees cannot be transferred to other branches of the civil service outside the administration unless they are approved in the examination of the General Service Council.

Article 30 stipulates the duties of the General Service Council regarding promotions and grievances of all employees, except for promotions to the positions referred to in Paragraph (2) of Article 8 of this law, as follows:

1. Issuing instructions to ministries based on preparing a confidential report for each employee, except for retirees, regarding their employment under Paragraph (2) of Article 8, provided that one or more copies are kept in the Ministry of Health. A copy is sent to the General Service Council.
2. Issuing instructions to ministries regarding the promotion of employees in case of vacancies in them. The Minister of Health reviews the claims of candidates and makes recommendations for promotion to the Council, or other employees as needed.
3. The Council may object to an employee's grievance due to unfair non-promotion or confirmation in employment or promotion, and the Council's decision is final, and the Council has the right to issue instructions in this regard.^[10]
4. Of course, ethnic discrimination in Iraqi employment rights is constantly being investigated by judicial authorities and human rights organizations. In 2018, the Iraqi Human Rights Commission released a report examining discrimination and some instances of illegal practices in Iraq's labor rights. The report mentioned discrimination in hiring new and old employees, discrimination in receiving wages and salaries, non-payment of workers' wages on time, and non-compliance with occupational safety and health standards. Additionally, international organizations are actively engaged in addressing human rights issues in Iraq and are working to eliminate issues related to ethnic discrimination and human rights violations in the country.
5. The Iraqi Basic Law of 2005, the "Supreme Law in Iraq," provides strong protection against discrimination and ensures equal treatment for all Iraqis regardless of gender, race, ethnicity, origin, color, religion, sect, belief, or social and economic status. The Basic Law provides strong guarantees for equal rights and lays a solid foundation for the rest of Iraq's legal texts. Most importantly, Article 14 of the Basic Law includes a support clause for all. Iraq has ratified many important human rights conventions, including multiple conventions that directly affect the situation of minorities, including the ICESCR International Covenant on Economic, Social, and Cultural Rights, the ICCPR International Covenant on Civil and Political Rights, and the ICERD International Convention on the Elimination of All Forms of Racial Discrimination, committing itself to upholding international laws in support of the civil, social, economic, political, and cultural rights of Iraqi minorities.^[11] ، Coalition Provisional Authority Order No. 7 issued in April 2003 regarding Law No. 11.1969 included an important clause against discrimination to support the rights of minorities in Section 4: "All persons who serve or work in public offices, including the general body of police, public prosecutors, and judges, must apply the law without discrimination in carrying out their official duties. No discrimination shall be practiced against any individual on the basis of gender, ethnicity, color, language, religious affiliation, political beliefs, nationality, ethnicity, ancestry, or social status." The significance of this clause is in preventing discrimination. This law, along with Article 372 of the Code of Civil Procedure (which criminalizes hate crimes and criminalizes acts of violence, assault, defamation, and violation), has been created. Iraq's Labor Law No. 37 of 2015, which is mandatory, defines direct discrimination under Section 1 (25) as "any distinction, exclusion or preference based on race, color, gender, religion, sect, political beliefs, or nationality." Indirect discrimination is defined in Article 26: "It is any deprivation or preference, discrimination based on nationality, age, health status, economic status, social status, family ties and trade union activities, and the effect of nullifying or undermining equal opportunities or undermining.^[12]

First Discourse: Civil rights and Equal Treatment in Employment in the Iraqi Constitution

The Iraqi Constitution of 2005 serves as the supreme law of the land, guaranteeing robust protection against discrimination based on gender, ethnicity, color, religion, or national origin. It ensures equal treatment for all Iraqis, regardless of their background, and establishes strong and equal rights, forming a solid foundation for remaining legal texts. Article 14 explicitly states that Iraqis are equal before the law without discrimination based on sex, ethnicity, origin, color, sect, belief, opinion, or economic or social status. Direct discrimination, as defined in Article 25(1) of the Labor Law No. 3 of 2015, is prohibited and encompasses any distinction, exclusion, or preference based on ethnicity, color, sex, religion, belief, opinion, political opinion, or national origin. Regarding ethnic and religious exclusion from certain labor markets, including government employment and private sector positions, Article 16 of the Constitution affirms that equal opportunity is a guaranteed right for all Iraqis, and the government must ensure its enjoyment.

This law aims to achieve sustainable development based on social justice and equality, guaranteeing decent work for all without discrimination, building a national economy, and achieving human rights and fundamental freedoms (Article 2).

Article 4 states that work is a right for every citizen who is capable, and the government must strive to provide it based on equal opportunities without any discrimination.

Article 6, paragraph 4 of the Labor Law stipulates that freedom of work is protected, and the right to work cannot be limited or denied. The government pursues a policy of promoting full and productive employment and observes the fundamental principles and rights therein, both legal and practical, including (4): the elimination of discrimination in employment and occupation.

Article 8, paragraph 1: This law prohibits any violation of the principle of equal opportunities and equal treatment for any reason, and in particular, discrimination between workers, whether direct or indirect, in anything related to vocational training or employment or terms and conditions..^[13]

With the exception of Article 8 (3): Discrimination, no distinction, deprivation, or preference in relation to a particular job shall be considered if it is based on the qualifications required by the nature of the work.

The worker has the right to resort to the labor court to file a complaint when subjected to any type of forced labor, discrimination, or harassment in the job and profession (according to Article 11).

The penalty of imprisonment for a maximum of six months and a fine of one million Iraqi dinars or one of these two penalties for anyone who violates the provisions of the articles contained in this chapter related to child labor, discrimination, forced labor, and sexual harassment based on each case (according to Article 11)

In the absence of a text in this law, the provisions of the relevant Arab and international labor conventions, which have been legally ratified, shall apply (according to Article 14, paragraph 2 of the Labor Law).

The employment contract shall not be terminated according to Article 48: Discrimination in the job and profession, whether direct or indirect.

Job seekers can register in training programs for free according to Article 26.

The worker enjoys the following rights: To benefit from vocational training programs in accordance with Article 42 (and).

Equality of wages for women and men for work of equal value according to Article 53

All projects and workshops are subject to the supervision and monitoring of the ministry under which the labor inspection falls, in accordance with the provisions of Article 126 of the Labor Law.

The Department of Labor Inspection and Vocational Training of the Ministry of Labor and Social Affairs, pursuant to Article 127, paragraph 1, assumes many duties (in paragraphs a, b, c, and d of this article).

Two Discourse: Actions for Non-Discrimination in the Iraqi Constitution

The Provisional Coalition Authority Order Number 7 of 2003 concerning Law No. 111 of 1969 on Criminal Law, in its Section 4, includes an important provision for combating discrimination to protect the rights of minorities. It mandates all individuals performing public duties or occupying public offices, including those in law enforcement or serving as prosecutors or judges, to enforce the law without discrimination in the performance of their official duties. No discrimination shall be exercised against anyone on grounds of ethnic affiliation, color, language, religious affiliation, political opinion, nationality, ethnic origin, social status, or origin of homeland. This provision, in addition to Article 372 of the Penal Code, which prohibits hate crimes and criminalizes acts causing harm, attack, insult, invalidation, or destruction of religious practices and holy sites of religious minorities in Iraq, establishes a strong set of laws protecting the interests of Iraqi minorities.

The government strives to provide equal opportunities in the workplace without discrimination, in accordance with the provisions of Article 4 of the Labour Law. Any violation or abuse of the principle of equal opportunity and treatment, on any grounds, particularly concerning discrimination between workers, be it direct or indirect, and in relation to vocational training, recruitment, or terms and conditions of employment, is prohibited according to Article 8 of the Law. Indirect discrimination refers to any distinction, exclusion, or preference based on sex, age, health status, social or economic condition, affiliation or trade union activity that results in the cancellation or impairment of the realization of equal opportunity and treatment in employment and occupation, and I refer you to Section.

The government has adopted a policy to strengthen full and productive work to respect fundamental rights and principles, both in law and in practice. This is particularly reflected in Article 4 of the Labour Law concerning the fight against discrimination in employment, in accordance with Article 6, which also aims to guarantee the rights of workers who complain to the Labour Court in the event of facing any form of forced labour, discrimination, or harassment in employment and occupation, in accordance with Section 11. Imprisonment for a term not exceeding six months and a fine not exceeding one million Iraqi dinars or either of these penalties shall be applicable to anyone who violates the provisions related to child labour, discrimination, forced labour, and sexual harassment, according to the specific circumstances of each case, in accordance with the provisions of Section 11 of the Labour Law. No employment contract shall be terminated on the grounds of discrimination in employment and occupation, whether direct or indirect, in accordance with the provisions of Article 48 (e). .^[14]

Regarding actions taken to combat discrimination against ethnic and religious minorities in employment and occupation, all workplaces subject to the provisions of this Law are supervised and guided by the Ministry of Labour and Social Affairs, in accordance with Article 126 of the Labour Law, which is mandatory. The duties of the Labour Inspection Department, according to Article 127 (e) (1), include providing appropriate mechanisms to receive workers' complaints about any violation of their rights under this Law and raising workers' awareness of how to use these mechanisms. .^[15]

Chapter 19 of the Labor Law provides free legal consultation and services to workers, employers, employees, and laborers. Section 26 (4) allows workers to participate in educational programs for free.

Workers have the right, stated in section 42 (1) (j), to equal opportunities and treatment in employment and work, without discrimination. In section 42 (1) (z), workers benefit from professional training programs. Equal wages for men and women doing the same work are also stipulated in clause 17. According to Law No. 38, trainers at vocational training centers affiliated with the Ministry of Labor and Social Affairs, 2008, every trainer who is engaged in the training of others, receives an educational allowance equivalent to 10,000 Iraqi dinars per day.

Iraq's employers are members of Convention No. 111, which is a fundamental convention ratified by 175 member countries. This Convention, along with the Equal Remuneration Convention, 1951 No. 100, is an important document that upholds the fundamental principle of eliminating discrimination in relation to employment..^[16]

Similarly, the Transparency Law was enacted in Iraq in 2015 to achieve transparency in the employment process and reduce corruption and discrimination in employment in the country. This law includes setting transparent criteria for the selection of new employees, equal access to employment information and conditions, and training programs for new employees. In the same context, the Iraqi Ministry of Labor and Social Affairs is also responsible for transparency in employment and government agencies must select new employees based on transparent standards and principles of equality in employment. To this end, an online system called "بوابة التوظیف الحکومی" or Government Employment Gateway is available in Iraq, offering a wide range of government jobs to interested individuals..^[17]

The Committee of Experts noted that the Government has not responded to its request for information on measures taken to address the discrimination faced by ethnic and religious minorities in employment and occupation. The Labour Law No. 37 of 2015, which came into force in February 2016, prohibits direct and indirect discrimination in all matters relating to vocational training, employment, and terms and conditions of employment. It also promotes equal opportunities and treatment in employment and occupation, as well as the prohibition of sexual harassment and sexual abuse.

If an individual believes they have been discriminated against in employment, they can file a complaint with the Regional Labor Council. This council is responsible for investigating and addressing complaints related to employment discrimination. In addition, if a company or organization consistently prefers to hire individuals with specific characteristics, such as gender or race, they may face charges of employment discrimination in court. In such cases, the court may impose a fine on the company that engaged in employment discrimination and, if necessary, may order the company to pay compensation to the individual who was not hired due to discrimination.^[18]

Results

In terms of the analysis of the Iraqi labor law, there are cases of ethnic discrimination within certain sections of the law. For instance, the law mandates a combination of ethnic minorities in government organizations as long as these minorities make up at least 15% of the country's population, whereas the population of the Kurdish minority in Iraq is about 20%. Overall, however, the Iraqi labor law attempts to create a balance between various ethnicities within the country and it generally restricts ethnic discrimination.

In contrast, the Iranian labor law also includes some forms of ethnic discrimination. For instance, in some professions, it is a prerequisite to have an Iranian identity card to be employed in that profession, which is discriminatory against non-Iranian and non-Muslim minorities. Additionally, in some regions of Iran, ethnic minorities such as Sunnis and parts of Iranian Kurdistan face restrictions in employment and housing. However, in general, the Iranian labor law strives to create a balance among ethnicities and limits ethnic discrimination.

In conclusion, both Iraq and Iran have engaged in ethnic discrimination within their labor laws to some extent, but they have also made efforts to achieve balance and reduce ethnic discrimination.

Ethnic discrimination in employment and career progression is illegal according to the labor laws of both Iraq and Iran. Nevertheless, the implementation of these laws largely depends on cultural and social factors.

In Iraq, the labor law prevents ethnic discrimination in employment and career progression, and any form of discrimination based on race, gender, religious and ethnic beliefs is illegal. Additionally, education, work experience, and job qualifications should be considered based on legal criteria in hiring employees.

In Iran, the labor law also deems ethnic discrimination in employment and career progression illegal. However, given that Iran is a multi-ethnic society, this issue might still be prevalent in practice. Under such circumstances, employers may prefer individuals based on their ethnicity or other illegal factors. Nonetheless, any decision made based on ethnicity or other illegal factors is considered a violation of the labor law.

It is noteworthy that in the Islamic Republic of Iran, there is religious discrimination, so other religions are discriminated against.

Therefore, in Iraq and Iran, ethnic discrimination in employment rights is illegal. However, in practice, the implementation of these laws may face cultural and social challenges.

In Iraq and Iran, the laws regarding ethnic discrimination in employment rights have some differences and similarities, some of which I will mention here:

In Iraq and Iran, ethnic discrimination in employment rights is illegal and, according to the constitution, all individuals have equal rights and rights in employment, and ethnic discrimination is a crime.

In Iran, employment in public and state organizations is subject to an employment test, and individuals are employed based on the test results and according to the required conditions in various organizations. In Iraq, it is also done in the same way, but due to special occupations, some special races and ethnicities participate in the employment of state and public organizations.In Iraq, there is currently no law limiting the number of individuals from a particular region or ethnicity in state and public organizations, but in Iran there is a law called "quota allocation" that determines the number of employees based on their regions and ethnicities.There are differences in employment laws and ethnic discrimination between Iraq and Iran. In Iraq, Article 125 of the Labor Law stipulates that all Iraqi citizens have equal rights and benefits in state employment. Ethnic discrimination is illegal in Iraq, and if discrimination is observed, the offender will be punished, while in Iran, there are complete laws, but it is still seen in the organizations, and there are discriminatory policies in some industries and jobs where individuals from certain ethnicities are considered a priority for employment. In Iraq, some minority groups, such as Kurds and Turkmen, are considered ethnic groups and are taken into account in employment laws. In contrast, Iran's employment regulations do not create discrimination between ethnic groups and all citizens have equal opportunities for employment. . In Iraq, due to the poor economic conditions and high unemployment rates, attention to the distribution of fair job opportunities between different ethnic groups may be less. In Iran, high unemployment rates are observed in some regions of the country, which may limit some ethnic groups' access to employment and job opportunities. In Iraq, different ethnic groups have direct representation in government and political systems. This can help them in employment and access to job opportunities. Therefore, although both countries are committed to ensuring equal rights and benefits for their citizens, Iran has more discriminatory policies that result in ethnic discrimination in certain industries and jobs, whereas in Iraq, ethnic discrimination is illegal and there is no distinction between Iraqi citizens in employment.

Sources

Al-Akhdari, Nasr al-Din (2014). Algerian Law: Between the Ideal of Equality and the Reality of Positive Discrimination.

Ali Kridy Rashed (2019) Guarantees of the Right to Work in the Principle of Equality and Equal Opportunity in Iraqi Labor Law - Journal of Legal Sciences / Faculty of Law - University of Baghdad / Special Issue No. 6

Asadi, Fatemeh (2014) Examining the Principle of Equality in the Civil Service Management Law, Master's Thesis, Shahid Beheshti University, Faculty of Law.

emrani S, bakeshloo R, mohammadi M. “Affirmative action” or “licit discrimination?” A Reflection on the Concept of Discrimination in the Legal System of Iran; case study of “Indigenous employments”. qjal 2022; 9 (30) :99-120

emrani S, bakeshloo R, mohammadi M. “Affirmative action” or “licit discrimination?” A Reflection on the Concept of Discrimination in the Legal System of Iran; case study of “Indigenous employments”. qjal 2022; 9 (30) :99-120

Grant, Evadne. “Dignity and Equality.” Human Rights Law Review, Oxford University 7(2) (May 2007): 299-329.

Habibi, Maryam (2010). People's Rights in Administration in Light of the Civil Service Management Law. Master's Thesis, University of Tehran, Faculty of Law and Political Science.

Khabi'za, Abdulqadir Salem Ali, Babaker, Ali Babaker Ibrahim (2012) The Origin of Equality in Public Employment and its Applications in Libyan Legislation: A Comparative Study, University Theses, Arabic, PhD Dissertation, University of Um Durman Al-Islami, Faculty of Sharia and Law

Mohammed Abd Alal Al-Anawi, General Theory of Rights and Public Freedoms, Vol. 1, Al-Kitab Al-Qanouniyah Publishing House, Baalbek Edition, Page

Mohsen Al-Aboudi, The General Function, Arab Renaissance House, Cairo, 2004, p. 45.

Muslim Taher Hassoon (2022) Constitutional protection of the principle of equality in assuming public office in Iraqi law-Iklīl for Humanities Studies 2022, Volume 3, Issue 3 ج3, Pages 1143-1176

Sabah-e Gharaghani Ranjbar (2021), "A Reflection on the Concept of Equality in the Iranian Legal System with a Focus on Transnational Documents," *Journal of Islamic Law*, Spring/Summer 2021 - No. 53

Salehi Darbezi, Mohammad Hossein (2016) Prohibition of Discrimination in Employment with Emphasis on Human Rights Principles and Standards, Master's Thesis, Islamic Azad University, Tehran Central Branch, Faculty of Law and Political Science

Samia Al-Ghafari Al-Sharif, Equality in Public Office, New Alexandria University Press, 2014, p. 2.

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2. Previous ↑

3. Grant, Evadne. “Dignity and Equality.” Human Rights Law Review, Oxford University 7(2) (May 2007): 299-329. ↑

4. emrani S, bakeshloo R, mohammadi M. “Affirmative action” or “licit discrimination?” A Reflection on the Concept of Discrimination in the Legal System of Iran; case study of “Indigenous employments”. qjal 2022; 9 (30) :99-120 ↑

5. Al-Akhdari, Nasr al-Din (2014). Algerian Law: Between the Ideal of Equality and the Reality of Positive Discrimination. ↑

6. Asadi, Fatemeh (2014) Examining the Principle of Equality in the Civil Service Management Law, Master's Thesis, Shahid Beheshti University, Faculty of Law. ↑

7. Previous ↑

8. Salehi Darbezi, Mohammad Hossein (2016) Prohibition of Discrimination in Employment with Emphasis on Human Rights Principles and Standards, Master's Thesis, Islamic Azad University, Tehran Central Branch, Faculty of Law and Political Science ↑

9. emrani S, bakeshloo R, mohammadi M. “Affirmative action” or “licit discrimination?” A Reflection on the Concept of Discrimination in the Legal System of Iran; case study of “Indigenous employments”. qjal 2022; 9 (30) :99-120 ↑

10. "Mohammed Abd Alal Al-Anawi, General Theory of Rights and Public Freedoms, Vol. 1, Al-Kitab Al-Qanouniyah Publishing House, Baalbek Edition, Page ↑

11. Mohsen Al-Aboudi, *The General Function*, Arab Renaissance House, Cairo, 2004, p. 45. ↑

12. Previous ↑

13. Khabi'za, Abdulqadir Salem Ali, Babaker, Ali Babaker Ibrahim (2012) The Origin of Equality in Public Employment and its Applications in Libyan Legislation: A Comparative Study, University Theses, Arabic, PhD Dissertation, University of Um Durman Al-Islami, Faculty of Sharia and Law ↑

14. Second periodic report submitted by Iraq on the extent of the implementation of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. ↑

15. Second Periodic Report submitted by Iraq on the implementation of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. ↑

16. Ali Kridy Rashed (2019) Guarantees of the Right to Work in the Principle of Equality and Equal Opportunity in Iraqi Labor Law - Journal of Legal Sciences / Faculty of Law - University of Baghdad / Special Issue No. 6 ↑

17. Samia Al-Ghafari Al-Sharif, *Equality in Public Office*, New Alexandria University Press, 2014, p. 2. ↑

18. Muslim Taher Hassoon (2022) Constitutional protection of the principle of equality in assuming public office in Iraqi law-Iklīl for Humanities Studies 2022, Volume 3, Issue 3 ج3, Pages 1143-1176

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