Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

1.  The Committee takes note of the information provided by the Government in its report and the attached documentation, as well as the information presented in June 2000 during the discussion in the Conference Committee on the Application of Standards. The Committee of Experts recalls that following many years in which it had been raising serious concerns over the application of the Convention with respect to religious minorities and women, in 1999 the Government accepted a technical advisory mission of the ILO to discuss all the points raised in its comments. The Committee viewed this action positively as reflecting a willingness on the part of the Government to continue to engage in substantive dialogue on the application of the Convention.

2.  At its last session, the Committee examined with interest the lengthy and detailed report of the mission, which took place from 29 October to 5 November 1999. In its comment the Committee made various references to information obtained during the mission but, as is its practice, it did not attach the mission report to its observation. The Committee notes from the discussion during the Conference Committee that a number of questions were raised concerning the details of the mission, such as the list of contacts, and whether the mission had been able to meet with representatives of non-governmental organizations and with all persons with whom it had requested meetings. The Committee recalls that the mission team held extensive discussions with representatives of all the groups it had asked to meet (with the exception of the statistics office) including official representatives and other members of the recognized minorities, non-governmental organizations, the ministries of justice, education, foreign affairs, labour and social affairs, and the Centre for Women’s Participation of the Office of the President, local government officials, university administration, hospital administration and staff, the Islamic Human Rights Commission, as well as numerous members and representatives of the workers’ and employers’ organizations, including the women’s wing of the Workers’ House, on all the points raised in the Committee’s previous comments. The mission team also held extensive discussions with officials from the Tehran Office of the United Nations Development Programme. The mission report indicates that the team was able to raise freely any question it wanted concerning discrimination on all the grounds set out in the Convention, including the situation of women, and of recognized and non-recognized religious minority groups, including the Baha’is.

3.  The Committee notes that in the resolution on the situation of human rights in the Islamic Republic of Iran, adopted in April 2000, the United Nations Commission on Human Rights welcomed the report of its Special Representative on the situation of human rights in the Islamic Republic of Iran (E/CN.4/2000/35) in which it noted the following points in particular: (a) that there is prospect for substantial and far-reaching change which will have, and in some areas has already had, a positive impact on the human rights situation; (b) that progress has been made in the Islamic Republic of Iran in the area of freedom of expression, in particular towards a more open debate on issues of governance and human rights, although there was still concern at restrictions on the freedom of the press and cases of harassment and intimidation of journalists; and (c) that progress has been made with regard to the status of women in some areas such as education and training, health, and integration of a gender dimension into government planning. At the same time, concern was expressed in the resolution over the continued discrimination and persecution against the Baha’is and the continued lack of full and equal enjoyment by women of their human rights. In August 2000, in his interim report (UN doc. A/55/363), the Special Representative stated that the tangible progress made to date in 2000 has been overshadowed by backsliding in some cases and stagnation in others. The Committee shares the general appreciation and the concern expressed in both this resolution and the Interim Report, in regard to the evaluation of the situation in the Islamic Republic of Iran since its previous observation.

4.  Mechanisms to promote human rights.  Over the years the lack of institutional mechanisms to promote and implement a national policy on non-discrimination and equality has been noted. Last year, for the first time and due to the information gathered during the mission, the Committee noted the establishment of the Supervisory Commission on the Implementation of the Constitution which has as one of its stated operational objectives the review of the interpretation of laws in accordance with international human rights instruments, including this Convention. The Government reports that the Supervisory Commission, in its two years of existence, has tried to implement the Constitution. In the last year, it has held one public meeting on the role of the Commission and the rights guaranteed under the Constitution, including the rights of the various religious denominations. The Committee would be grateful to receive information on any activities undertaken by the Supervisory Commission to specifically promote the application of the Convention as well as other United Nations human rights instruments.

5.  The Committee also noted the establishment and functioning of the Islamic Human Rights Commission which has authority to receive complaints from within and outside the country on violations of human rights under Islamic and international treaty law. The Committee noted that, while it has only advisory capacity and cannot order remedies for violations, the jurisdiction of the Commission covers discrimination in employment in both the public and private sectors. It further noted that a few cases had been filed on gender- and religious-based discrimination in employment and occupation, including a case filed by a member of a religion not recognized in the Islamic Republic of Iran, but that the volume of such complaints remained small. The Commission is made up of members from the Islamic Consultative Assembly, the judiciary, and individual lawyers, and, according to the Government, the Commission acts independently from the Government and the judiciary. It sits in closed session, but it also holds yearly public sessions nationwide. The Government indicates that the Commission vigorously investigates, follows and deals with any complaint arising from the public or private sector. The Committee recalls the very detailed report prepared by the secretariat of the Commission on the examination and pursuit of appeals and allegations of human rights violations provided to the mission team. The Committee requested the Government to continue to supply information on the cases and activities of the Islamic Human Rights Commission and other similar institutions concerning discrimination, promotion of societal tolerance or international human rights; it notes, however, that in its report the Government does not supply any information detailing the nature and status of the allegations or appeals filed with and handled by the Commission over the last year. It therefore requests the Government to continue to supply general information on the activities of this institution and to forward with its next report detailed information on the specific allegations and appeals concerning discrimination in the fields of education and employment handled by the Islamic Human Rights Commission, the actions taken by the Commission and the results achieved.

6.  Discrimination on the basis of sex.  The Committee recalls that it has raised concerns over the years in regard to the situation of women in the labour market and equal access of women to education, training, jobs and terms and conditions of employment. It has addressed de jure as well as de facto discrimination, noting that it was the de facto situation and the status of women in society that presented the greatest obstacles to women’s participation in the labour market on an equal basis with that of men. The Committee noted some progress in the increase of women’s participation in various sectors of wage and non-wage employment from 1991 to 1996. It also noted that progress has been made in education, that there is a policy to increase the participation of girls in secondary and higher education levels and that there are no longer any restrictions on areas of study for women. The Committee also noted that, in spite of the progress made, women’s participation rate in the labour market remained low.

7.  The Government reports that the newly adopted five-year national development plan (March 2000-March 2005) promotes opportunities for women in employment and education. According to the Government, one goal of these endeavours is to allow women to be active in all sectors of society. The Government refers to the progress already made in the increase in the number of women in senior elected positions and in respect of the number of women in all levels of education. The Government indicates that at the beginning of the Islamic revolution in the Islamic Republic of Iran women accounted for 24 per cent of the students in higher education and this figure is now up to 41.89 per cent (267,650 out of a total of 638,913). The Government reports that in universities and higher education institutions, for the academic year 1999-2000, 45.62 per cent of those accepted for the first time were women and 54.38 per cent were men. The Government also reports that the number of female apprentices in technical and professional training programmes over the past two years increased by 48.5 per cent over the two previous years to reach 97,604. The Committee also notes the statistics provided by the Government on the steadily increasing number of female students in teacher training courses and the projections to the year 2005 of the increase in the participation of women at all levels of education from both towns and rural areas. Very detailed statistics have been supplied on the number of graduate students and teaching staff, disaggregated by sex, which show that women account for 17.66 per cent of teaching staff in the 1999-2000 academic year. The Government indicates that the increase in education and training should better equip women to enter the labour market. The Committee notes this information with interest and requests the Government to continue to provide such detailed statistics, including a specification of the subjects of study, training and teaching in which women are participating. It also requests the Government to indicate any measures taken to facilitate women’s access to jobs, the employment rates of women graduates and the sectors in which they find employment.

8.  The Committee notes from the detailed employment figures provided by the Government that the percentage of women employed as of 1997 was 12.1 per cent, thus reflecting a slight increase over the figure of approximately 10 per cent for 1996. The report indicates that in 1992 women accounted for 24.8 per cent and, in 1998, for 29.2 per cent of the workforce in the public sector. The Government also reports that, countrywide, in 1992, women represented 2.8 per cent of the executive or management-level posts and by 1997 that figure had increased to 12.6 per cent. The Committee again acknowledges the indication of a positive trend in these participation rates. At the same time it must point to the slow pace of the improvement and still low level of women’s employment. Noting the current economic situation in the country, and the increase in unemployment, the Committee is concerned that even these slight gains may be eroded in future. It requests the Government to continue to provide as up-to-date as possible information on the labour market including the employment and unemployment rates of women. It also requests the Government to supply statistics available in the Ministry of Industry on the private sector employment participation rates disaggregated by sex.

9.  With respect to the most disadvantaged women in the country, the Government provides information on the continuation of the project for employment for single-parent rural women, the increase of women in cooperatives, a detailed description of the projects to promote employment for women under the Ministry of Agriculture and the Ministry of Labour and Social Affairs, and information concerning employment for rural and tribal women.

10.  In its previous comment, the Committee noted that one cause of the low employment participation rate of women was the male preference not to hire women, and it requested information on what measures were being taken by the Government to create an environment for equal participation of women in the labour market. The Committee notes that the Government does not directly address this issue. The Committee considers that sensitization campaigns, along with positive action and enforcement of the protections found in the Constitution and Labour Code, are essential to the application of the Convention. Since the Committee notes the Government’s indication that it intends to pursue the promotion of equal opportunity and employment for women and that this intention is reflected in the current development plan, it hopes that the next report will indicate the practical measures taken to tackle the attitudinal and other barriers to the full integration of women in economic life on an equal footing with men.

11.  The Committee again notes the detailed information provided by the Government on the number of women in the judiciary and the various positions held by them including appellate court counsellors, provincial deputy attorney-generals, deputies in judicial assemblies, judicial counsellors and judges for investigation and enforcement. The Government indicates that there is no discrimination in the employment of women in the judiciary. The Committee must return to the point that it has been raising and which was confirmed by the mission team that, while women’s judicial capacity remains influential, it is only advisory, and they are still not allowed to issue judicial verdicts. It requests the Government to indicate whether any review of this practice has been undertaken in the past year, and hopes that the Government will soon be in a position to report on the removal of the restriction so as to allow women to participate on an equal footing with men in the judicial profession in accordance with the provisions of the Convention.

12.  Further to its previous comments on the obligatory dress code and the imposition of sanctions in accordance with the Act on Administrative Infringements for violation of the Code, the Committee noted from the information gathered during the mission and from the Government’s reports that any infringements are dealt with through the use of notification procedures and that there has never been a case of dismissal and that persistent violations of the dress code would result in escalated disciplinary procedures, but would not reach the level of dismissal. Moreover, the Government indicates that public servants have the right of appeal and can subsequently seek relief from the Supreme Court for imposition of disciplinary action. The Committee notes this information and recalls its concern over the negative impact that such a requirement may have on access to or security of employment of non-Islamic women in employment in the public sector. It once again requests the Government to supply a complete copy of the Act on Administrative Infringements with its next report, and to continue to supply information on the application in practice of this Act. The Committee would be grateful if the Government would provide information on the number of women belonging to religious minorities who are employed in the public service.

13.  The Committee recalls its previous comments on section 1117 of the Civil Code under which a husband may bring a court action to object to his wife taking up a profession or job contrary to the interests of the family or to his or his wife’s prestige, and the provision under the 1975 Protection of Family Act which extends to wives as well as husbands the same right to object to the spouse’s employment and its request that section 1117 of the Civil Code be repealed. The Committee hopes that its comment will be considered in the review of laws that has been reported to be taking place with a view to altering provisions that are considered to disadvantage women. In the meantime, the Committee requests the Government to provide information on the application in practice of this provision.

14.  The Committee notes that one of the objectives of the National Plan of Action for Women prepared for the "Beijing +5" Conference, 2000, is to seek means to ease restrictions on women’s employment in certain jobs and to increase women’s productivity. The Committee recalls that in its 1996 observation, it reviewed the restrictions authorized by sections 75 et seq. in the Labour Code and found them to be in accordance with protection authorized under other international labour standards or directed at the protection of maternity. In this respect, the Committee notes, as it has for other countries, that any measures of protection for women should be reviewed periodically with the social partners and women themselves in light of the principle of equality of opportunity and scientific and technological developments to determine if they should be retained, repealed or extended to men. The Committee requests the Government to provide detailed information on the review of all laws concerning restrictions on women, such as restrictions on leaving the country for study without permission of the husband, and the resulting changes in or retention of such laws. In this respect, it notes receipt of a large volume entitled Special laws and regulations for women in the Islamic Republic of Iran published by the Centre for Women’s Participation, of the Office of the President and, after translation of relevant sections, may have additional points to raise at its next session. From the August 2000 interim report of the United Nations Special Representative, the Committee notes the Bill approved by the Majillis (Parliament) to raise the marriage age of girls to 14 and boys to 17 which in the view of the Committee would have a positive impact on access of women to educational and employment opportunities. It requests the Government to provide information on the adoption of this law.

15.  Discrimination on the basis of religion.  The Committee recalls that since section 6 of the Labour Code does not include reference to non-discrimination on grounds of religion, it has been monitoring the employment situation of the recognized religious minorities (Christians, Jews and Zoroastrians). While it has found that the employment situation of members of these religious minorities is better than the national average, it has also noted the preference given to Muslims in hiring practices. The Committee continues, as in the past, to point to the importance of continuing to take measures prohibiting discrimination on grounds of religion, to promote non-discrimination on grounds of religion, and to be vigilant in prohibiting the use of job advertisements to restrict applicants to a specified religious group. The Committee notes that the Government’s report provides no new information on the situation of the recognized religious minorities apart from the holding of one seminar on the protection of minorities under the Constitution. The Committee requests the Government to continue to provide information on the education and employment situation of members of the recognized minorities and on the measures taken to prohibit discrimination on the grounds of religion. The Committee repeats its request for statistical information on the participation rates of recognized minority men and women in the labour market, and their employment levels in the public and private sectors. It encourages the Government to continue to initiate measures to foster tolerance and respect in the society for all religious groups and to eliminate discrimination in employment and occupation, and to report on such measures taken.

16.  The Committee has been expressing its concern for many years now over the treatment in education and employment of members of the unrecognized religions, in particular the members of the Baha’i faith. The Committee noted last year from the mission report that sensitivity regarding the subject of the Baha’i in the country goes beyond any formal restrictions and exclusions which may exist, and extends to the societal attitude towards members of this group. In the public sector, the Committee notes that formal restrictions on the hiring of the members of the Baha’i do exist, though the mission was not shown any legal text to this effect. No statistics could be produced indicating the number of members of the Baha’i (or any other unrecognized religion) in the public service, nor was there any record of complaints filed on the grounds of religious discrimination. The mission report indicates that there remains an apparently widespread conviction among the people of the country that all members of the Baha’i work against the interest of the Islamic Republic of Iran, and thus may not be trusted at any level of government, even in the absence of concrete evidence to this effect. At the same time, the Committee notes that there appears to be an effort to remove barriers in regulations and directives with respect to unrecognized religious groups and to promote greater tolerance for them, but that this process was expected to take some time and that opinions remained divided on it. In the private sector, the Committee notes that no formal restrictions on the hiring of members of unrecognized religions, including the Baha’i, appear to exist, but in practice these persons may experience difficulty in access to education, jobs and occupations. The Committee notes with interest the reported elimination of discrimination against Baha’i youth in enrolment in the pre-university year at the high-school level, while remaining concerned that their entry to universities continues to be refused and that the Open Baha’i University, a correspondence school, was closed down.

17.  The Committee notes that the Government’s latest report does not indicate that any measures have been taken to address the issue of the Baha’is. It nevertheless notes from the Interim Report of the Special Representative of the United Nations Commission on Human Rights that, following a decision of the Expediency Council to endorse a concept of citizen’s rights, the Registration Department abolished the requirement for the declaration on religion on application to register a marriage. The Committee shares the Special Representative’s view that this measure is a welcome development that will positively benefit the rights of Baha’i women and children. The Special Rapporteur also indicates that there is now the prospect that university entrance will be the next sector in which religious discrimination of this nature will be removed. The Committee requests the Government to make every effort to continue to work towards the elimination of both formal and de facto discrimination against the members of the non‑recognized religious groups in education and employment in accordance with the requirements of the Convention.

18.  The Committee refers to the discussion in the Conference Committee on the Application of Standards concerning the adoption of the Act to exempt from the application of the Labour Code workplaces and businesses of five or fewer employees until 2005. The Committee notes that the representative of the Government indicated that the Labour Ministry had opposed this amendment and that it was hoped that the Act would not enter into effect. The report of the Government does not provide any additional information on this point. The Committee notes from the discussion that the criterion for limiting the application of the Labour Code, the number of employees, does not per se violate the Convention as it is not based on one of the criteria set out in Article 1(a) of the Convention. The Committee is nevertheless concerned over the manner in which those in the exempted enterprises, in particular women and minorities, will be protected against discrimination in employment. It therefore requests the Government to provide information on the status of the Act, and in the event it is in force, on the measures taken to ensure the application of the Convention to those exempted from the Labour Code.

19.  Tripartite consultation.  The Committee recalls that the provisions of the Convention require the policy of non-discrimination and promotion of equality to be implemented in cooperation with the social partners. It would be grateful if the Government would provide information on their involvement in the promotion of the application of the Convention.

20.  The Committee notes the continued dialogue with the Government, the increasing technical cooperation activities with the Office, and the participation of the Office in a human rights technical cooperation and education programme in collaboration with the Islamic Commission on Human Rights and the United Nations Office of the High Commissioner for Human Rights. It notes in particular that a training session on the ILO’s fundamental Conventions is to be held in the Islamic Republic of Iran in April 2001. The Committee encourages the continuing collaboration between the Office and the Government. The Committee nevertheless remains concerned over the gap there remains between the Government’s avowed intentions, and the measures that have actually been taken to eliminate discrimination in employment and occupation. It also encourages the Government to take the initiative to transform its stated objectives and intentions into concrete measures designed to promote the full application of the Convention.