تزايد العمالة الاجنبية وأثرها على حقوق العامل العراقي

Abstract

The rights of Iraqi workers are among the rights assured by the Permanent Iraqi Constitution of 2005, as well as by the Iraqi Labour Law No. (37) of 2015. In practice, however, the increasing influx of foreign labor into Iraq has had a substantial impact on the rights of Iraqi workers. One of the most prominent effects is the rise in unemployment among Iraqis, as some companies prefer foreign workers over Iraqi workers because foreign workers accept lower wages compared to Iraqi workers. It is worth noting that workers’ rights in general have received attention from the international community through the issuance of international and regional declarations and treaties aimed at protecting workers’ rights, foremost among which is the International Labour Organization (ILO), established in 1919. Among the most important manifestations of legal protection for workers’ rights are the regulation of working hours, granting weekly rest days, prohibiting child labour, and enacting laws to protect workers from occupational diseases and exposure to accidents during work. Accordingly, it is necessary today to clarify the extent of the Iraqi government’s concern for the rights of the Iraqi worker and the solutions it has adopted to protect these rights, particularly in light of the increased numbers of foreign workers in Iraq after 2003. With the growing entry of foreign labor into Iraq, Iraqi workers have experienced a decline in their living standards due to low wages, or they may be dismissed and replaced by foreign workers who accept lower pay. This, in turn, also constitutes a violation of the rights of foreign workers, as they may be exploited through low wages. This phenomenon has also contributed to the spread of unemployment among Iraqi youth, in addition to the security and social repercussions that result from it. After 2003, Iraq witnessed economic and social openness to the outside world, which led to an increase in the arrival of foreign labor; some of this labor may be irregular, contributing to broader security instability. Therefore, this study seeks to shed light on the impact of foreign labor inflows into Iraq on the rights of the Iraqi worker. The importance of this topic arises from the economic and social transformations Iraq has experienced in recent years. The significance of the subject under study can be understood through examining and analysing the effects—whether positive or negative—of foreign workers on the labour market. Studying this topic will enable us to determine the extent to which foreign labor contributes to rising unemployment rates among Iraqis. This, in turn, will provide the Iraqi government with sufficient information to develop its policies regarding the recruitment and regulation of foreign workers in a manner consistent with market needs. Moreover, such measures can establish standards and controls to limit irregular labor, namely workers operating without official permits. This topic also contributes to strengthening the legal protection of foreign workers’ rights and ensuring that they are not exploited, while simultaneously protecting the rights of Iraqi workers in a way that prevents harm to them and creates fair employment opportunities for all. Among the findings of this study are the loss of employment opportunities for Iraqi workers—either through job displacement due to the increase in foreign labor or through reduced chances of obtaining work—as well as higher unemployment rates among Iraqi youth and increased poverty levels within Iraqi society.