Informe provisional - Informe núm. 363, Marzo 2012

1. 706. The Committee last examined the substance of this case at its March 2011 meeting, when it presented an interim report to the Governing Body [see 359th Report, paras 684–705, approved by the Governing Body at its 310th Session (March 2011)].
2. 707. The Government sent its observations in a communication received in the Office on 29 February 2012.
3. 708. The Islamic Republic of Iran has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 709. In its previous examination of the case, the Committee made the following recommendations [see 359th Report, para. 705]:
   • (a) The Committee urges the Government to deploy all efforts for the rapid amendment of the labour legislation so as to bring it into full conformity with the principles of freedom of association by ensuring that workers may freely come together, without government interference, to form organizations of their own choosing. It requests the Government to provide information on the recent steps taken in this regard.
   • (b) The Committee expects that the Government will avail itself of the technical assistance of the Office with respect to all the freedom of association matters pending before it.

B. The Government’s reply

1. 710. In its communication received in the Office on 29 February 2012, the Government observes that, as Note 4 of article 131 of Chapter VI of the Labour Law provides that “workers of a unit may enjoy the membership of either of the workers’ organizations, for example, the Islamic Labour Council, and/or Labour Guild, and/or, at their discretion, choose individual workers to represent their trade union rights”, the workers’ preference in choosing either of the above forms of workers’ representation at the workplace is only limited to the respective unit, and not, as indicated in the Committee’s report, to a province. The Government adds that workers can organize their own associations at the township, city, and provincial levels, and establish a National Assembly of Workers’ Representatives.
2. 711. According to the Government, the workers of any given unit that, at their own free will and discretion and for reasons such as paucity of member workers in small units, tend not to form any type of traditional workers’ associations provided for in the Labour Law, may freely choose individual workers to represent them at the work place. The Government indicates that, based on the vast and genuine support of other fellow workers mostly from unrepresented or under-represented workplaces, the workers’ representatives from different provinces have called publicly for a free and democratic election to establish the High Assembly of Workers’ Representatives and that no other workers’ organizations legally challenged and/or contended their authenticity as a workers’ association. The Government therefore considers that the National High Assembly of the Workers’ Representatives, that suits the customs and labour culture of Iranian workers, may be regarded as a genuine association of workers.
3. 712. The Government adds that it continues to consult the most representative social partners’ organizations to designate their genuine most representative organizations to attend different national, regional and international meetings, assemblies and/or conferences, including the 99th International Labour Conference (ILC). Accordingly, the Government contends with the argument of the Committee on legitimacy and authenticity of the Iranian workers’ representative attending the above ILC on behalf of the High Assembly of the Workers’ Representatives.
4. 713. The Government further indicates that the Law of the Fifth Development Plan of the Islamic Republic of Iran (2011–15), and particularly articles 25 and 73 thereof, legally requires it to take necessary steps to formulate a national Decent Work Country Programme, in compliance with the guidelines and principles of the ILO, labour rights and the workers’ and employers’ trade union rights, and reiterates the need for addressing the amendment of Labour Law and Social Security by the end of 2011–12.
5. 714. The Government also indicates that together with its social partners it has collectively negotiated amendments of the Labour Law and that it is strongly hoped that the newly drafted Labour Law that is expected to be approved by the Parliament also addresses the core concerns of the Committee of Freedom of Association.
6. 715. The Government further indicates that some paragraphs of the Code of Practice on the Formation, Scope of Duties, Authorities and Method of Performance of Trade Unions and Related Associations, had been duly amended and were later approved by the Cabinet of Ministers under Bill No. 37292T/176477 on 30 October 2010.
7. 716. Finally, the Government indicates that it welcomes the opportunity of receiving technical cooperation, particularly in relation to the amendment of the Labour Law.

C. The Committee’s conclusions

1. 717. The Committee recalls that the present case was referred to it by the International Labour Conference in June 2010 upon a proposal of the Credentials Committee – made in accordance with article 26bis, paragraph 6, of the Conference Standing Orders – to refer the issues raised by the ITUC in its objection concerning the nomination of the Workers’ delegation of the Islamic Republic of Iran to the Committee on Freedom of Association. The Credentials Committee had observed that it did not appear possible, under the national legislation, to form more than one organization of workers’ representatives in each province and had further raised queries as to whether the Coordinating Center of Workers’ Representatives (CCR) could be considered as a genuine workers’ organization.
2. 718. With regard to the scope of application of article 131 of the Labour Law, the Committee observes, from the report of the Credentials Committee, that it was on the basis of the Government’s response submitted at the time that the Credentials Committee noted that it did not appear possible to form more than one organization of workers’ representatives in each province. The Committee notes that, in its communication, the Government indicates that the workers’ preference in choosing either of the forms of workers’ representation provided for in article 131 of the Labour Law is only limited to the respective unit. In any case, the Committee is bound to recall that it has considered the issue of organizational monopoly, as enshrined in article 131 of the Labour Law, on several occasions and concluded that the organizational monopoly required by the law appeared to be at the root of the freedom of association problems in the country [see Cases Nos 2508 and 2567]. The Committee recalls that in Case No. 2508, while the Government confirmed that the existing legal framework did not permit the existence of both an Islamic Labour Council and a union at the same enterprise, it expressed its intention to amend the Labour Law to address this issue [see para. 1190, 346th Report, Case No. 2508]. Subsequently, the Committee had noted proposed amendments to article 131 of the Labour Law which appeared to permit trade union multiplicity, including at the workplace and national levels [see paras 912 and 946, 354th Report, Cases Nos 2508 and 2567, respectively]. The Committee notes with deep regret that these amendments have not yet been adopted, nor has any draft been transmitted to the Committee for its consideration. While the Government indicates that, together with its social partners, it has collectively negotiated amendments of the Labour Law and that it strongly hopes that the newly drafted Labour Law that is expected to be approved by the Parliament also addresses the core concerns of the Committee of Freedom of Association, the Committee trusts that the Government will avail itself of the technical assistance of the ILO, as a matter of urgency, so as to ensure that the Bill before the Parliament will be in full conformity with the principles of freedom of association. The Committee urges the Government to keep it informed of the progress made in amending article 131 of the Labour Law and firmly expects that the legislation will be brought into conformity with freedom of association principles in the very near future.
3. 719. The Committee also notes the Government’s indication that some paragraphs of the Code of Practice on the Formation, Scope of Duties, Authorities and Method of Performance of Trade Unions and Related Associations, had been amended and were later approved by the Cabinet of Ministers under Bill No. 37292T/176477 on 30 October 2010. The Committee requests the Government to provide a copy of the amended Code of Practice.
4. 720. In its previous examination of the case, the Committee also noted with concern that the new issues raised in this case related to the genuine representation of workers by the CCR. In its communication, the Government refers to the High Assembly of Workers’ Representatives. The Committee requests the Government to clarify any difference there is between these two bodies. The Committee notes the Government’s indication that, based on the vast and genuine support of other fellow workers mostly from unrepresented or under-represented workplaces, the workers’ representatives from different provinces have called publicly for a free and democratic election to establish the High Assembly of Workers’ Representatives and that no other workers’ organizations legally challenged and/or contended their authenticity as a workers’ association. The Government therefore considers that the National High Assembly of the Workers’ Representatives, that suits the customs and labour culture of Iranian workers, may be regarded as a genuine association of workers. The Committee further notes that the Government indicates that it continues to consult the most representative social partners’ organizations to designate their genuine most representative organizations to attend different national, regional and international meetings, assemblies and/or conferences. The Committee recalls that the principle of trade union pluralism, which the Iranian Government has been called to ensure in law and in practice on many occasions, is grounded in the right of workers to come together and form organizations of their own choosing, independently and with structures which permit their members to elect their own officers, draw up and adopt their bylaws, organize their administration and activities and formulate their programmes without interference from the public authorities and in the defence of workers’ interests. Given the continuing legally binding force of article 131 of the Labour Law, it appears to the Committee that the monopolistic structure at the unit level upon which any workers’ representation is based hinders the possibility of pluralism at the national level and a meaningful and freely chosen determination of workers’ representation.
5. 721. The Committee reiterates its deep concern at the apparent absence of workers’ organizations’ delegates, appointed in the full spirit of freedom of association, among the official delegation to the International Labour Conference. It is therefore a matter of utmost urgency, in view of the upcoming session of the International Labour Conference, that the Government deploy all efforts, with the technical assistance of the ILO, for the rapid amendment of the labour legislation, in the manner indicated above.