Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Irán (República Islámica del) (Ratificación : 1964)

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Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010). The Committee refers to the discussion that took place in the Conference Committee on the Application of Standards in June 2010 and the resulting conclusions. The Committee recalls that the Conference Committee had urged the Government to amend the discriminatory laws and regulations, and to bring the practice into line with the Convention, including regarding the role of female judges, the obligatory dress code, the application of social security regulations, hiring women over 40, and women’s access to the labour market. It also called on the Government to expressly repeal section 1117 of the Civil Code, to promote public awareness of the right of women to pursue freely any job or profession, the inclusion of women in the labour market and decent work for women. It also urged the Government to take decisive action to combat discrimination against ethnic minorities and unrecognized religious minorities, in particular the Baha’i. The Conference Committee also expressed concern that in the context of the lack of freedom of workers’ organizations, meaningful social dialogue on the implementation of the Convention would not be possible.

Discrimination based on sex. Discriminatory laws and regulations. For a number of years the Committee, as well as the Conference Committee, have been raising concerns regarding laws and regulations that discriminate against women, urging the Government to amend or repeal them. The Committee notes with deep regret that no concrete results in this regard have been achieved. The Committee notes that the committee established in April 2010 to which the Government referred previously, with the aim of reviewing the laws and regulations that could be in conflict with the Convention, does not seem to have had any impact in bringing about the necessary changes, as the Government again refers only generally to the mandate of this committee. The Committee also notes that the Government refers generally to proposals for amendments to the Labour Law by the Centre for Women and Family Affairs with a view to addressing legal obstacles to women in different areas. The Committee notes the Government’s indication that section 1117 of the Civil Code, which provides that a husband can prevent his wife from taking up a job or profession, has still not been repealed. The Government previously referred to proposals made for its repeal in 2006 and 2008, and the Government indicates that another proposal was made in 2010, which also does not appear to have been successful. With regard to the discriminatory provisions in social security regulations that favour the husband over the wife for pension and child benefits, the Committee notes that no specific information is provided.

While welcoming the Government’s indication that the number of female judges has increased, the Committee also notes that the Government does not address the issue of giving women access to all positions in the judiciary, including those qualified to hand down judgments, and no steps appear to have been taken to address these limitations in the 1982 Law on the selection of judges and Decree No. 5080 of 1979. Regarding the obligatory dress code, the Committee notes the Government’s acknowledgement that observance of the Islamic code of dress is established in the Constitution. The Committee notes the concerns raised by the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran that “strict implementation of the morality code concerning dress and attempts to criminalize improper veils have limited women’s participation in public and social arenas.” (A/66/374, 23 September 2011, paragraph 56). The Committee remains concerned that such a restriction could have a negative impact on the employment of non-Islamic women and to their access to education (see General Survey on fundamental Conventions, 2012, paragraph 800).

The Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating all discrimination in respect thereof (Article 2 of the Convention). Some concrete measures are immediately required under the Convention, including repealing any statutory provisions and modifying any administrative instructions or practices that are discriminatory or inconsistent with promoting equality in employment and occupation (see General Survey, 2012, paragraphs 841–844). Given that the Committee has for many years urged the Government to repeal or amend the discriminatory laws and regulations, and given that this is an immediate obligation under the Convention, the Committee strongly urges the Government to take concrete and immediate steps to ensure the repeal, effective amendment or modification of all laws, regulations, instructions or practices that hinder women’s equality of opportunity and treatment in employment and occupation, including with respect to section 1117 of the Civil Code, the social security regulations, the role of female judges, and the obligatory dress code. Noting the Government’s reference to the Bill for early retirement of householder women, the Committee asks the Government to review the Bill to ensure that it does not exert a negative impact on women’s career paths or access to higher level positions, or result in women receiving a lower pension than men, and to provide specific information in this regard.

Discriminatory practices. With respect to the limitations on employing women over 40, the Government indicates that the maximum age for employment for both men and women is 40, though an extension of five years can be granted. The Committee recalls that there appear to be obstacles in practice to women being hired after the age of 30. In response to the Committee’s concerns regarding the prevalence of discriminatory job advertisements, the Committee notes the Government’s indication that such advertisements, published by the Government and the private sector, are motivated by professional needs and qualifications, and that the Government cannot interfere in this regard. The Committee recalls that limiting applications to only men or only women for a particular job is discriminatory, unless being a man or a woman is an inherent requirement of the particular job, in the strict sense of the term, as provided in Article 1(2) of the Convention. The Committee recalls that there will be very few instances where distinctions based on sex may be required, for example jobs in the performing arts or those involving physical intimacy (General Survey, 2012, paragraphs 827–830). The Committee urges the Government to take measures to prohibit discriminatory job advertisements, and to ensure such prohibition is enforced. The Committee also requests the Government to provide information on the actual age profile of the workforce, in the public and private sector, disaggregated by sex, and asks the Government to take measures to ensure that there are no obstacles in practice to women being employed after the age of 30.

Discrimination based on religion and ethnicity. Noting the general information provided by the Government regarding measures taken to benefit certain ethnic and religious groups, the Committee notes with deep concern that the Government does not address the very serious concerns that have been raised for many years regarding discrimination against unrecognized religious minorities, in particular the Baha’i and the urgent need to take decisive action to combat such discrimination. The Committee recalls the concerns raised by Education International (EI) regarding religious-based discrimination against the Baha’i in access to education, universities and to particular occupations in the public sector. The Committee notes that the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran acknowledges that “Baha’is are subjected to severe socio-economic pressure … in some cases, they have been deprived of property, employment and education”. He also refers to the establishment of an office to counteract Baha’i publications, the denial of positions of influence to Baha’i and prohibiting them from carrying out certain trades. He also states that ethnic minorities “continue to be subjected to intense socio-economic discrimination and pressures, including land and property confiscation, denial of employment and restrictions on social, cultural and linguistic rights” (A/HRC/19/66, 6 March 2012, paragraphs 61–62). The Committee notes further that the Special Rapporteur states that the practice of gozinesh, a selection procedure requiring state officials and employees to demonstrate allegiance to the state religion, has further alienated ethnic minorities (ibid., paragraph 65). The Committee must once again urge the Government to take decisive action to combat discrimination and stereotypical attitudes against religious minorities, in particular the Baha’i, through actively promoting respect and tolerance for religious minorities, to repeal all discriminatory legal provisions, including regarding the practice of gozinesh, and withdraw all circulars and other government communications discriminating against religious minorities. The Committee also calls on the Government to ensure that religious minorities, including unrecognized religious minorities, in particular the Baha’i, as well as ethnic minorities, are protected against discrimination, and have equal access and opportunities, in education, employment and occupation, in law and practice. The Committee asks the Government to take concrete measures to this end, and to provide detailed information of the measures taken and the results achieved. The Committee also asks the Government to provide further information on the progress made in developing an index of ethnic justice to which the Government refers, the indicators established, and any conclusions or findings arising from the index.

Discrimination based on political opinion. The Committee recalls the observations of EI raising concerns of persecution and prosecution of teachers, students and trade unionists advocating for social justice, for equal rights to education and employment and for women’s rights. The Committee notes that the Government in its brief reply to this allegation states that the activities of the association of teachers to which EI had referred, had a political nature. The Committee recalls that the protection against discrimination on the basis of political opinion under the Convention implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions and also covers discrimination based on political affiliation. The protection of political opinion applies to opinions which are either expressed or demonstrated, but does not apply where violent methods are used (General Survey on fundamental Conventions, 2012, paragraph 805). The Committee also recalls that the protection of freedom of expression is aimed not merely at the individual’s intellectual satisfaction at being able to speak his or her mind, but rather – and especially as regards the expression of political opinions – at giving him or her an opportunity to influence decisions in the political, economic and social life of the society; for political views to have an impact, the individual generally acts in conjunction with others (General Survey on equality in employment and occupation, 1988, paragraph 57). The Committee requests the Government to take measures to ensure that teachers, students and their representatives enjoy protection against discrimination based on political opinion and requests the Government to provide information on the specific measures taken in this respect.

Legislative and policy framework for equality and non-discrimination. The Committee previously noted that the Bill on Non-discrimination in Employment and Education had been submitted to the Commission of Social Affairs of the Cabinet of Ministers. The Committee had noted with concern that the Bill did not provide effective and comprehensive legal protection for all workers against discrimination in employment and occupation on all the grounds enumerated in the Convention, and urged that steps be taken to bring it into line with the Convention. The Committee notes the Government’s indication that the Bill remains with the Commission of Social Affairs, and will be forwarded once it has been approved. On the issue of providing legislative protection against sexual harassment in employment and occupation, the Committee notes that the Government considers that individuals respect social norms proportional to the “necessities of the society and regular behaviour”, and indicates that no case of sexual harassment in the workplace has been reported. With respect to the concerns raised regarding the increasing number of women working in temporary jobs and under contract employment, thus being excluded from legal entitlements and facilities, including maternity protection, the Committee notes the Government’s indication that all gaps regarding the protection of mothers will be considered in the process of the amendment of the Labour Law. The Committee once again urges the Government to ensure that effective and comprehensive legal protection for all workers, whether nationals or non-nationals, against direct and indirect discrimination, on at least all the grounds enumerated in the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, with respect to all aspects of employment and occupation. The Committee asks the Government to review the procedures that would be available to bring a claim for a violation of the provisions concerning discrimination, to ensure they provide effective and accessible avenues for redress. The Committee urges the Government to take effective measures, in law and in practice, to prevent and prohibit both quid pro quo and hostile environment harassment in employment and occupation. The Committee also asks the Government to provide information on the progress of amending the Labour Law with a view to ensuring that women in temporary and contract employment benefit from all entitlements and facilities.

The Committee notes the adoption of the Act of the Fifth Economic, Social and Cultural Development Plan (2011–15) of 20 January 2011 (Act of the 5th Development Plan), and the National Plan of Decent Work, 2010, which were attached to the Government’s report. The Committee notes that the Act of the 5th Development Plan does not appear to address equality and non-discrimination in employment and occupation. With respect to the National Plan of Decent Work, the Committee notes that the objectives of the Plan include fundamental labour rights, including prohibition of discrimination in employment and occupation; “equalizing opportunities” for men and women, and enabling women to take advantage of suitable job opportunities; and reforming laws and regulations to comply with international conventions. The Committee notes that the Plan is very general in nature, and no specific measures are set out to address the objectives listed. The Committee asks the Government to provide information on the measures taken in the context of the National Plan of Decent Work, or otherwise, in line with Article 2 of the Convention, to declare and pursue a national policy designed to promote equality of opportunity and treatment in employment and occupation, with a view to eliminating any discrimination based on all the grounds enumerated in the Convention, and the impact of such measures.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that the labour force participation of women increased from 12.6 per cent in the fourth quarter of 2009 to 16 per cent in the first quarter of 2010. According to the statistics provided by the Government, women’s labour force participation rates from 2007 to 2010 fluctuated regularly within a band of 12.3 per cent to 16.7 per cent. The Committee also notes the increase in women’s unemployment in 2010 to 25 per cent, from 16.8 per cent in 2009. The Committee notes the range of measures reported by the Government with a view to improving women’s access to education and training, as well as the Government’s acknowledgement that this education and training is not translating into the same labour market access for women as for men. The Government states that the difference in access to the labour market is due to social and cultural reasons, mainly based on traditional interpretations, which the Government considers are justified. The Committee notes the continuing efforts made to promote women’s entrepreneurship, including the establishment of the Foundation of Cooperative and Development of Women’s Entrepreneurship. The Committee also notes the Government’s indication that it will submit updated information on the measures adopted by the Cultural and Social Council of Women in the near future, and looks forward to receiving such information once it is available. The Committee asks the Government to take concrete steps to ensure that women’s education and training opportunities translate into jobs, including those with a career path and higher pay. In this context, the Committee urges the Government to address stereotyped assumptions regarding women’s aspirations, preferences and capabilities regarding employment. The Committee also asks the Government to continue to provide information on activities to promote women’s empowerment and women’s entrepreneurship, and the impact of such measures. Please also provide more detailed information on the contents and progress of the adoption of the Bill on home-based work and the Family Protection Bill, including a summary of the provisions of relevance to the Convention. The Committee again asks the Government to provide information on the quota system in universities and how this is applied in practice. Please also continue to provide information on the participation of women and men respectively in education, vocational training, and provide information on the distribution of men and women in the various sectors and occupations of employment.

Enforcement. The Committee notes that the Government provides information on the number of cases of alleged violations of citizenry rights, including discrimination against religious and ethnic minorities, that were heard in different provinces (a total of 5,926 cases). However, it is not clear during what period or in which court or other proceedings these complaints were heard, whether they related to discrimination in employment and occupation, or what was the outcome of the cases. The Government also refers to the General Inspection Organization, which monitors, inspects, and deals with complaints. The Government also refers to the establishment of tripartite reconciliation councils, which settled 30 per cent of complaints in 2011. It is not clear if any complaints of discrimination have been addressed in this context or by the General Inspection Organization. The Committee also notes the Government’s indication that no cases of discrimination in employment against women have been reported. The Committee recalls that the absence of complaints of discrimination is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (General Survey, 2012, paragraph 870). The Committee asks the Government to provide further information on the number and nature of complaints addressed relating to the principle of the Convention, by the labour inspectorate, the courts, and any administrative bodies, and the remedies provided and sanctions imposed. Noting that the Government refers to the establishment of special courts for religious minorities to issue verdicts according to their religious rights, the Committee asks the Government to provide information on the number and nature of complaints of discrimination addressed by these courts and the outcome thereof. The Committee also asks the Government to take concrete measures to increase awareness of workers, employers and their organizations of the principle of the Convention and the complaints procedures available for discrimination. The Committee also calls on the Government to take steps to train all those involved in monitoring and enforcement to increase their capacity to identify and address cases of discrimination in employment and occupation.

Social dialogue. While noting the Government’s general reference to measures taken to promote social dialogue, the Committee remains concerned that national-level social dialogue regarding the implementation of the Convention remains impeded, including in the absence of an appropriate legal framework for freedom of association and social dialogue. The Committee notes that the Government refers to the ongoing process of amending the Labour Law in this context. However, the amendments have not yet been adopted. The Committee notes that the Government requests ILO technical assistance in this regard. The Committee once again urges the Government to make every effort to establish constructive dialogue with the social partners to address the continuing gaps in law and practice in the implementation of the Convention, and to provide detailed information of steps taken in this regard. The Committee also asks the Government to take the necessary steps to secure ILO technical assistance, including forwarding a copy of all relevant draft legislation and amendments to the Office for comments and advice.

[The Government is asked to supply full particulars to the Conference at its 102nd Session and to reply in detail to the present comments in 2013.]