Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. The Committee has taken note of the discussion in the Conference Committee in 1989 and of the information provided by the Government in its report for the period ending 30 June 1989. It has also noted the information contained in the reports on the human rights situation in the Islamic Republic of Iran prepared by the Special Representative of the United Nations Commission on Human Rights (UN documents A/44/620 of 2 November 1989 and E/CN.4/1990/24 of 12 February 1990) and in the report on implementation of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief submitted by the Special Rapporteur appointed by the Commission on Human Rights (UN document E/CN.4/1990/46 of 12 January 1990).

2. The Committee notes that the statements made by the Government to the Conference Committee and also the Government's report do not indicate any change of policy, legislation or practice as regards the matters dealt with in earlier observations, but have sought to show that the measures referred to were compatible with the requirements of Convention No. 111. The Government has also raised certain questions regarding the meaning of expressions used in the Convention.

3. The above-mentioned reports presented to the UN General Assembly and the Commission on Human Rights do, however, mention a number of developments in the field covered by Convention No. 111, particularly as regards the situation of Baha'is. According to these reports:

(a) Baha'is expelled from government posts have not been able to obtain reinstatement;

(b) ranchers and farmers who profess the Baha'i faith continue to be denied admission to agricultural co-operatives;

(c) those Baha'is who retired before the Revolution and are over 60 years are able to draw pensions if they have paid social security contributions for at least ten years, but those who retired or lost their jobs during the past ten years are not able to receive pensions. In some cases Baha'is have been required to repay government pensions as well as salary received while they were in government service;

(d) since 1988, Baha'is have been admitted to primary and secondary schools, but they are generally still refused admission to universities;

(e) a number of Baha'i shopkeepers whose shops had been closed have been permitted to re-open them;

(f) in January 1989 the Prime Minister, in agreement with the President, issued a directive to all ministries, organisations, governmental institutions, revolutionary institutions and provincial offices for the purpose of co-ordination of measures concerning persons belonging to the Baha'i sect (the text of which is set out in the latest report to the Commission on Human Rights). According to this directive, while spies are to be treated firmly, as required by law, all other citizens are to be treated as normal citizens, no matter what their beliefs may be, in accordance with article 23 of the Constitution. No official or representative of the Islamic Republic of Iran may deprive them of their legal and social rights, if they have not been recognised as spies by the competent authorities and if such a condemnation has not been issued thus depriving them of their rights. The directive ends by recalling that, in conformity with article 13 of the Constitution, Iranians belonging to the Zoroastrian, Christian and Jewish religions are the only recognised religious minorities within the Constitution and allowed to practise their religion, within the framework set by law, and to be registered as such and to teach their religion according to their customs.

4. The Committee has noted with interest the terms of the above-mentioned directive. It would appreciate further information on the precise effect of the directive in relation to equality of opportunity and treatment in employment and occupation, irrespective of religion, in the light of the reference to article 13 of the Constitution.

5. The Committee would also appreciate information on the measures taken to give effect to the above-mentioned directive, particularly as regards equality of opportunity and treatment of Baha'is with respect to:

- access to employment, both in the private sector and in the public service (including the opportunities afforded for reinstatement of those previously dismissed from government service);

- access to education and training at all levels, including higher education;

- conditions of employment;

- pensions and other social security rights;

- the operation of shops, the pursuit of peasant farming, and the exercise of other independent occupations.

6. The Committee would also appreciate information on the effect of the directive of January 1989 on the position of persons not professing any faith.

7. Having regard to the previously mentioned developments, the questions of interpretation raised by the Government do not appear to call for detailed consideration. However, in so far as the meaning of "discrimination" for the purpose of Convention No. 111 may still be regarded as pertinent, the Committee draws attention to Article 1, paragraph 1(a) of the Convention, and to the comments concerning this provision in its 1988 General Survey on Equality in Employment and Occupation, particularly paragraphs 22, 28, 29 and 47. In the light of the information available to the Committee, there can be no doubt that this definition covers the situations referred to above. The Committee also recalls that, while Article 4 of the Convention permits measures to be taken against individuals who engage in activities prejudicial to the security of the State or who are justifiably suspected of such activities, it does not authorise measures adversely affecting persons merely by reason of their belonging to a particular group (see paragraph 135 of the 1988 General Survey). The Committee observes that this approach also appears to underlie the Prime Minister's directive of January 1989.

8. The Committee had previously noted a directive of the Ministry of Labour, published on 8 December 1981, requiring courts to withhold any judgement in favour of dismissed employees proved to have been members of the Baha'i group or of any organisation whose constitution and rules negated divine religions. The Government stated in the Conference Committee in 1988 that this directive was no longer in force. The Committee once more requests the Government to communicate the text which abrogated the directive.

9. The Committee recalls the Government's statement in its report for the period ending 30 June 1988 that, while questions concerning employment of persons belonging to Freemasonry had arisen in the early days of the Revolution, they no longer existed. The Committee once more requests the Government to indicate the measures taken to enable persons who were removed from office or dismissed on this ground to be reinstated.

10. The Committee notes the Government's statement that women work as judges, in particular in family courts, and that recognised religious minorities, according to the Constitution, may present cases to courts in which the judges are of their own faith. It recalls, however, that according to an Act of 14 May 1982 to give effect to article 163 of the Constitution, judges must be chosen from among men who (inter alia) must profess the faith and enjoy religious authority (ijtihad) recognised by the Supreme Judicial Council. The Committee accordingly requests the Government to indicate what other legislative provisions exist to authorise the appointment of women as judges and to provide for the hearing of claims by members of recognised religious minorities by judges of their own faith, and to communicate copies of the provisions in question. The Committee also once more requests information on the number and positions of women and members of religious minorities who exercise judicial functions.

11. The Committee notes that the Act on Islamic Labour Councils of 1985 provided for the establishment of such councils in industrial, agricultural and service undertakings employing more than 35 workers. The functions of these councils include advice on matters of vocational training, promotions, dismissals, wage rates, criteria for allocation of housing, etc. Under section 2 of the Act, candidates for election to the councils must be practising Moslems, followers of the "Velayat Faghig", or members of the Jewish, Christian or Zoroastrian minorities. The Committee would appreciate information on:

(a) the reasons for excluding persons who do not meet the above-mentioned criteria from eligibility to the councils;

(b) the practical effect of requiring Moslem candidates to be followers of the "Velayat Faghig" and the reasons for this requirement;

(c) whether restrictions similar to those stated in section 2 apply to other aspects of industrial relations and employment and occupation (if so, please supply the relevant texts).

12. In its 1988 General Survey on Equality in Employment and Occupation (paragraphs 15, 157 and 170), the Committee stressed the positive nature of the steps to be taken in pursuance of the national policy provided for in Articles 2 and 3 of the Convention and the need to supply full particulars of the action taken. The Committee accordingly once more requests the Government to furnish detailed information on the action taken with a view to promoting equality of opportunity and treatment in respect of employment and occupation and eliminating discrimination, particularly on the basis of sex, religion, political opinion, national extraction or social origin, and on the results achieved.

The Committee also requests the Government to provide information on restrictions on the employment of women, including copies of the legislative texts regulating this matter.