Informe provisional - Informe núm. 392, Octubre 2020

1. 655. The Committee last examined this case (submitted in July 2006) at its June 2019 meeting, when it presented an interim report to the Governing Body [see 389th Report, approved by the Governing Body at its 336th Session, paras 423–444].
2. 656. The Government sent its observations in communications dated 3 June and 14 July 2019 and 2 February 2020.
3. 657. The Islamic Republic of Iran has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 658. At its June 2019 meeting, the Committee made the following recommendations [see 389th Report, para. 444]:
   • (a) The Committee once again urges the Government to take all the measures necessary, in full consultation with representatives of workers and employers, to expedite the legislative reform so as to bring the current legal framework into conformity with freedom of association principles. It requests the Government to provide information on the progress made in this regard and to send a copy of the latest drafts.
   • (b) The Committee urges the Government to ensure that the workers at the Tehran and Suburb Bus Company are free to choose the union they wish to join and that the SVATH may recruit members, represent them and organize its activities without interference from the authorities or the employer, and regardless of the eventual existence of another workers’ grouping at the company. The Committee requests the Government to keep it informed of the developments in this regard.
   • (c) The Committee once again urges the Government to continue its efforts in communication with competent judicial authorities in order to ensure that peaceful and legitimate union activities do not entail criminal charges and sanctions for trade unionists and that any such charges are immediately lifted. In particular, it urges the Government to ensure that Mr Jafar Azimzadeh, Mr Jamil Mohammadi and Mr Ali Nejati are not imprisoned for exercising their right to freedom of association and to keep it informed of developments in this regard. The Committee further requests the Government to provide detailed information on the outcome of the proceedings against Mr Razavi, Mr Madadi and Mr Ehsanirad and send copies of the judgments issued.
   • (d) The Committee requests the Government to take all the measures necessary to ensure that no one is imprisoned merely for having organized or having peacefully participated in the truck drivers’ strike in September 2018. It requests the Government to keep it informed of the outcome of the pending appeal proceedings in the case of 17 persons, and to send a copy of the judgments once they are issued. It further requests the Government to provide information in reply to the allegation of the arrest of over 200 strikers.
   • (e) The Committee draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. The Government’s reply

1. 659. In its communication dated 3 June and 14 July 2019, the Government indicates that some of the 17 accused persons in Qazvin Province were not drivers and that, under the pretext of supporting truck owners, created public nuisance and disturbed public order for truck owners on the road. They were charged with disturbing public order and destroying public property, insulting and abuse and detention orders were issued with an unenforceable judgment while the case is under appeal. No death sentence was issued and all of these persons are free by security order and are not under arrest. Two related persons (Mr Sadjad Behnia Far and Mr Omid Chegini) were investigated by the first bench of Qazvin Revolutionary Court resulting in order of discharge and acquittal.
2. 660. The Government provides additional information in relation to the following persons named in the complaint:
3. 661. In its communication dated 2 February 2020, the Government indicates that, pursuant to order of the Minister of Cooperatives, Labour and Social Welfare, an ad hoc committee was established to expedite the process of labour law amendment with a focus on Chapter VI of the Labour Law and relevant by-laws. The first session of the above committee was held on 18 November 2019, with the collaboration of social partners. By a letter dated 14 January 2020, the Government requested the ILO to provide consultation and technical assistance in this regard.
4. 662. The Government adds that, joining the campaign on ratification of ILO Conventions, it has included ratification of ten Conventions into its agenda. Feasibility studies on the ratification of Conventions Nos 87, 98 and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), is already in the Government’s agenda and preliminary measures have been initiated, including organizing expert meetings and tripartite dialogue for ratification. Convention No. 144 has been submitted to the President’s Office for the legal procedures for ratification.
5. 663. The Government emphasizes that workers are free to choose the union they wish to join and the legal organizations may recruit members and assume their representation and organize their own activities without intervention of officials or the employer. Recent years have seen 69 per cent growth in the number of workers’ organizations with the establishment of 13,000 workers’ organizations within the framework of the current labour law. According to the Government, no restriction exists on the establishment of organizations or on the membership of workers in such entities. Nevertheless, the Government is pursuing its efforts to amend the law in order to set the foundation for the development of organizations in the same manner as advised by international labour standards. In this respect, it is important to note that the process of approval, passing and/or amendment of law is a lengthy process wherever this occurs. A hasty process in this regard would cause uncertainty and ambiguity in the worker–employer relationship.
6. 664. The Government adds that trade union protests take place all over the world and this is the innate right of workers and organizations. So in Iran, union activities and peaceful protests are free and the Government has facilitated the conditions for such practices.
7. 665. The Government reiterates that it has spared no effort to address the law and union violations of workers’ community with the utmost forbearance possible and in some cases, after judicial orders were finalized, it has made much effort to mitigate or reduce the punishment and asked for pardon. According to the report of the Human Rights Office of the Judiciary, in a few cases the accused person has unfortunately abused the available capacities in the trade union for illegitimate goals, such as terrorist actions, encouraging armed action and overthrow of the State, creating ethnic and religious tension and hatred, as well as disturbing national security. The Judiciary has investigated these charges with clarity and in full compliance with the law. In this regard, the Government underscores that none of the trade unionists are prosecuted for their peaceful union activities and no restriction is imposed on their right to freedom.
8. 666. As an update to the cases raised in this complaint, the Government states that, according to the report of the Human Rights Office of the Judiciary dated 18 December 2019: Mr Ali Nejati is free; Mr Jamil Mohammadi is at large and is not in any prison in the country; Messrs Ebrahim Madadi and Seyed Davoud Razavi are released from prison for more than four-and-a-half years (since 20 May 2015) and their files are closed; Mr Shapour Ehsani Raad was introduced to prison on 28 June 2019 on charges of assembly and collusion to commit crimes against national and foreign security and propaganda against the State by the investigating magistrate of Tehran Prosecutor’s Office under bail order for 1 billion Iranian rials (IRR), but was released two months later on 3 September 2019; and Mr Jafar Azimzadeh was sentenced to five years in prison on charges of gathering and collusion to commit crime against national security and he is currently in a detention centre. He has had 46 meetings with his family members and his lawyer, in person and in cabin, and he is in good physical condition and is visited by a specialist; the files of Mr Sadjad Behnia Far and Mr Omid Chegini were investigated and resulted in acquittal, while no one was sentenced to capital punishment. While recalling that the Judiciary is an independent power, the Government will make serious effort to pursue the recommendations of the Committee through the Human Rights Office of the Judiciary.
9. 667. The Government highlights the positive, constructive and forward-looking initiatives it has taken concerning this case and since the charges are of a non-union nature and most have been discharged and their files closed with the Judiciary, it requests that this case be closed in the interests of fairness and justice.
10. 668. Finally, the Government refers to the negative impact of sanctions on Iranian people, especially the workers’ community, and expresses the expectation that the Committee consider the business environment that has been created in this respect.

C. The Committee’s conclusions

1. 669. The Committee recalls that this case, lodged in 2006, concerns acts of repression against the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH), as well as the arrest, detention and condemnation of large numbers of other trade union members and officials, and the inadequate legislative framework for the protection of freedom of association.
2. 670. As regards the legislative reform process, the Committee welcomes the steps the Government reports having taken to establish an ad hoc committee to expedite the process of amending the Labour Law with a focus on Chapter VI and the official request made to the ILO to provide consultation and technical assistance in this regard. The Committee expresses the firm expectation that, with this assistance and in full consultation with representatives of workers and employers, the Iranian legislation will be brought into line with the freedom of association principles, in particular by allowing trade union pluralism and requests the Government to provide information on the progress made in this regard. Further noting the Government’s indication that it is considering the ratification of Conventions Nos 87, 98 and 144, the Committee requests the Government to keep it informed of the progress made in this regard, if any.
3. 671. The Committee notes with regret that the Government does not provide any information in relation to the possibility of the SVATH to function freely at the company. The Committee therefore recalls its previous recommendation urging the Government to ensure that the workers at the company are free to choose the union they wish to join and that the SVATH may recruit members, represent them and organize its activities without interference from the authorities or the employer and requests the Government to keep it informed of the measures taken and the developments in this regard.
4. 672. As regards the truck drivers’ strike in September 2018, the Committee notes the Government’s indication that some of the 17 accused persons in Qazvin Province were not drivers and that, under the pretext of supporting truck owners, they had created public nuisance and disturbed public order for truck owners on the road. They were charged with disturbing public order and destroying public property, insulting and abuse, and detention orders were issued with an unenforceable judgment while the case was under appeal. No death sentence was issued and all of these persons are free by security order and are not under arrest. Two related persons (Mr Sadjad Behnia Far and Mr Omid Chegini) were investigated by the first bench of Qazvin Revolutionary Court resulting in their acquittal. The Committee requests the Government to keep it informed of the outcome of the pending proceedings in the case of the 17 persons charged in relation to the truck drivers’ strike and to send a copy of the judgments in their cases once they are issued.
5. 673. The Committee deeply regrets however that the Government once again does not reply to the allegation of the arrest of over 200 strikers involved in the above action. It once again urges the Government to take all necessary measures to ensure that no one is imprisoned merely for having organized or having peacefully participated in the truck drivers’ strike in September 2018 and to confirm that the only persons charged or pursued in relation with this action are the 17 persons to which it has referred.
6. 674. As regards the other cases mentioned in this complaint, the Committee notes the Government’s indication that, according to the report of the Human Rights Office of the Judiciary dated 18 December 2019: Mr Ali Nejati is free; Mr Jamil Mohammadi is at large and is not in any prison in the country; and Messrs Ebrahim Madadi and Seyed Davoud Razavi were released from prison more than four-and-a-half years ago (since 20 May 2015) and their files are closed. As regards Mr Shapour Ehsani Raad, the Committee notes the Government’s indication that he was imprisoned on 28 June 2019 on charges of assembly and collusion to commit crimes against national and foreign security and propaganda against the State by the investigating magistrate of Tehran Prosecutor’s Office under bail order for IRR1 billion (US$24,000), but was released two months later on 3 September 2019. Recalling that no one should be imprisoned for exercising their right to freedom of association, the Committee requests the Government to indicate whether there are any charges still pending against the members of the Free Union of Workers of Iran, Mr Jamil Mohammadi or Mr Shapour Ehsani Raad and if so, to specify the nature thereof.
7. 675. As regards Mr Jafar Azimzadeh, President of the Free Union of Workers of Iran, the Committee notes the Government’s indication that he was sentenced to five years in prison on charges of gathering and collusion to commit crime against national security and he is currently in a detention centre. The conviction started on 8 November 2015 and is assessed to end on 14 March 2023 considering 931 days of absence from leave and 46 days of his previous detention. The Government adds that he has been able to meet on numerous occasions with his family members and his lawyer and he is in good physical condition and is visited by a specialist. The Committee recalls that in its previous consideration of the case of Mr Azimzadeh it had noted with deep concern his sentence of imprisonment on general charges such as assembly and collusion with the intent to commit crimes against national security without any specific indication as to the acts that led to this judgment. The Committee had recalled the complainants’ allegations in relation to Mr Azimzadeh which made detailed reference to the actions attributed to him in the judgment, including: the establishment of the Free Union of Workers of Iran; collecting 40,000 workers’ signatures on the minimum wage petition and leading rallies outside the National Assembly and the Ministry of Labour; meeting other independent workers’ organizations; leading protests against anti-labour amendment to the Labour Law; and giving and posting interviews on the website of the Free Union of Workers of Iran and a number of international news media [see Case No. 2508, 380th Report (October 2016), para. 644].
8. 676. The Committee once again recalls that the right to establish a trade union is the most fundamental aspect of freedom of association and collection of signatures for a petition containing requests related to minimum wage would clearly constitute an activity aimed at protecting the occupational interests of workers [see Case No. 2508, 389th Report (June 2019), para. 441]. It further recalls that the right to express opinions through the press or otherwise is an essential aspect of trade union rights and the full exercise of trade union rights calls for a free flow of information, opinions and ideas within the limits of propriety and non-violence and that workers should enjoy the right to peaceful demonstration to defend their occupational interests [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 241 and 208]. The Committee had concluded in its previous examination that all the actions referred to above constituted legitimate trade union activities and recalled that no one should be prosecuted, sentenced or sanctioned for their exercise. Welcoming the Government’s indication that it will make serious effort to pursue the recommendations of the Committee through the Human Rights Office of the Judiciary, the Committee must once again urge it to continue intensifying these efforts in order to ensure that peaceful and legitimate union activities such as those mentioned above do not entail criminal charges and sanctions for trade unionists and that the convictions on such charges are immediately reviewed. The Committee requests the Government to keep it informed of the steps taken in this regard and of any progress made to review the conviction of Mr Azimzadeh with a view to his release.