Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

1. The Committee takes note of the information provided by the Government in its report. It also notes the information provided during the discussion held in June 2001 in the Committee on the Application of Standards of the International Labour Conference. The Committee notes the discussion in the Conference Committee concerning the undertaking of a further mission by the Office to monitor the application of the Convention and to provide assistance in its implementation, and the acceptance of this proposal by the Government. The Committee of Experts notes that the mission is scheduled to take place the first half of 2002 and it looks forward to receiving a copy of the mission report for its examination and comment.

2. The Committee must point out that the information submitted by the Government this year is less than complete on the points that it has been raising for a number of years in respect of issues related to discrimination in employment and occupation on the grounds of sex and religion. It trusts that the upcoming mission will also serve to assist the Government to produce full and detailed information in its report next year in reply to the comments of the Committee, and on the basis of the report form on the Convention. Without such information, the Committee is unable to carry out its work and to continue dialogue with the Government on the application of the Convention.

3. The Committee notes resolution No. 2001/17 of the United Nations Commission on Human Rights, in which that Commission, inter alia, welcomed improvements in the field of women’s education, health and democratic participation and the efforts made by the Sixth Majilis to improve the status of women and girls; however, the Commission was deeply concerned that many of these efforts have not yet been promulgated as law, which would be a step towards ending the systematic discrimination against women and girls in law and practice and the obstacles to the full and equal enjoyment by women and girls of their human rights. The Committee also notes that the Commission on Human Rights expressed its concern at the continuing discrimination against persons belonging to minorities and called upon the Government to eliminate all forms of discrimination based on religious grounds. The Committee further notes the interim report of August 2001 by the Commission’s Special Representative on the situation of human rights in the Islamic Republic in Iran to the 56th Session of the United Nations General Assembly (A/56/278), which stated that the status of women, particularly their legal status, remains highly discriminatory and that patriarchal attitudes are very much in evidence in the limited prospects for women in the labour force. The report also found that religious and ethnic minorities continue to face official and societal discrimination. The Committee notes the resolution of 20 November 2001 adopted by the United Nations General Assembly in which that body reiterated the points mentioned above which were made by the Commission on Human Rights and the Special Representative. The General Assembly also welcomed the process of legal reform under way in the country and encouraged the Government to continue this process.

4. Mechanisms to promote human rights. The Committee notes the re-establishment of the Majilis Human Rights Commission. It hopes that it will complement the work carried out by the Islamic Human Rights Commission to enhance the human rights situation and requests the Government to provide information on the mandate, functions and activities of this new institution. The Committee notes from the report that the Islamic Human Rights Commission has embarked on a programme of establishing a network of human rights defenders in the country. The Committee reiterates its request for information on the complaints mechanism of the Commission concerning discrimination on grounds of sex, religion or ethnicity, including details on the complaints and the outcomes of cases. Recalling that the Supervisory Commission on the Implementation of the Constitution 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 Committee once again asks the Government to provide further information on any activities of the Supervisory Commission which would promote the application of the Convention.

5. Discrimination on the basis of sex. The Committee recalls that in its previous observation it noted with interest information provided by the Government indicating a positive trend concerning women’s education and training at the various levels. It notes with interest further statistical information provided by the Government, according to which the rate of participation of girls in primary schools is 47.6 per cent, in secondary schools 50.9 per cent and in technical schools 31.8 per cent in 2000-01. The Committee notes in particular that the ratio of girls at the primary and secondary levels has also considerably improved in rural and tribal areas. The Committee also notes the Government’s intention to increase further the number of technical schools for girls and to introduce additional subjects of training for girls, and that 60 per cent of the students entering university for the academic years 1999-2000 were women. While being grateful for this information the Committee notes the importance of translating the educational opportunities into employment possibilities. The Committee requests the Government to provide information on: (a) the employment rate of female university graduates; (b) the sectors and areas of economic activity in which women graduates are employed; and (c) measures taken to integrate women graduates into the labour market, such as professional guidance and placement services. In order to facilitate job creation for women, the Committee notes that the Government has requested ILO technical cooperation to facilitate empowerment of women in the labour market and promote job creation for women, including the targeting of university graduates and female heads of households. The Committee recalls the importance of such an initiative to the application of the Convention and asks to be kept informed of its development and implementation.

6. The Committee previously noted statistical information on the participation of women in the labour market. It noted that in 1997 the percentage of employed women was 12.1 per cent, and that in 1998 women accounted for 24.8 per cent of the workforce in the public sector. The Committee acknowledged the indication of a positive trend in these participation rates, but at the same time it pointed to the slow pace of improvement and the still low level of women’s participation in employment. The Committee notes that in 1999, 30.3 per cent of all government employees were women, out of which 53 per cent held university degrees. The Committee also notes that the Government considers the absence of women in high-level economic decision-making as an obstacle encountered in the implementation of the Beijing Platform for Action. The Committee reiterates its requests to the Government to continue to provide as up-date as possible information on the labour market including the employment and unemployment rates of women and statistics on the private sector employment participation rates disaggregated by sex. It also reiterates that the next report should 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.

7. Further to its previous comments, the Committee notes that no information has been provided with regard to women in the judiciary, but it notes reports that proposals have recently been submitted to the Majilis for reforms to the judiciary. The Committee must once again point out that women are not allowed to fully participate on an equal footing with men in the judicial profession since they are not allowed to issue judicial verdicts. Please provide information on all measures taken, and results achieved, to review and remove this practice in order to establish equality between men and women in this profession, in accordance with the Convention.

8. The Committee must also refer to its previous comments on the obligatory dress code and the imposition of sanctions in accordance with the Act on Administrative Infringements for violations of the code. The Committee noted that any infringements of the code are dealt with through the use of notification procedures and that persistent infringements would result in escalated disciplinary procedures, but would not reach the level of dismissal. In the absence again of any reply of the Government to the Committee’s requests in this respect, it once again recalls its concern over the negative impact that such a requirement may have on the employment of non-Islamic women in the public sector and reiterates its request for a complete copy of the Act on Administrative Infringements and for information on the application of the Act in relation to the dress code.

9. The Committee notes that no information has been provided on the status of 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. It also notes that no action has been taken on the removal of 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. In this regard the Committee recalls that under the 1975 Protection of Family Act the right to make this objection is extended to wives as well as husbands. The Committee has been calling for the repeal of section 1117 of the Civil Code. Noting the Government’s commitment, as expressed its 2000 report on the implementation of the Beijing Platform for Action, to review and modify laws relevant to the human rights of women, the Committee once again expresses the hope that this review will encompass section 1117 of the Civil Code and the Committee’s comments thereon. In the meantime, the Government is requested to provide information on the application in practice of these provisions.

10. The Committee also notes from the interim report of the United Nations Special Representative that the Bill 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 the access of women to educational and employment opportunities, has been rejected by the Guardian Council. The Committee requests the Government to provide information on any attempts again to put forward this law and on the results achieved.

11. Discrimination on the basis of religion. The Committee recalls that in the absence of a reference to non-discrimination on the basis of religion in section 6 of the Labour Code, the Committee has been monitoring the situation of religious minorities. The Government reports that the employment situation of the recognized religious minorities (Christians, Jews, Zoroastrians) is better than the national average. The Committee also notes the recent establishment by Presidential Decree of a National Committee for the Promotion of the Rights of Religious Minorities, which is to review the problems that religious minorities face and recommend corrective policies. The Government states that the representation of the minorities in the work of the Committee has been ensured. The Committee hopes that this Committee will review the problems of the non-recognized religious minorities and will include members of the non-recognized minorities in its work. The Government is requested to provide in its next report detailed information on the Committee’s mandate, membership and activities relevant to the application of the Convention, including whether it covers non-recognized minorities. As the Committee had previously noted the statement that preference is given to Muslims in hiring practices, the Committee is bound to reiterate its previous requests to the Government to provide information on: (a) the education and employment situation of the members of recognized minorities, including statistical information disaggregated by sex; and (b) the measures taken to prohibit discrimination on the ground of religion.

12. The Committee refers to its comments over the years on the treatment in education and employment of members of unrecognized religions, in particular the members of the Baha’i faith. The Committee noted that the situation of the Baha’is goes beyond formal restrictions and exclusions, which may exist, and extends to the societal attitude towards the members of this group. The Committee noted further 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. The Committee notes that once again the Government gives no indication as to measures taken in respect to discrimination in employment and occupation against members of the Baha’i faith or other unrecognized religions. It notes, however, from the interim report of the Special Representative that, according to his understanding, the Baha’i community continues to experience discrimination in education and employment and other areas. While recalling that the Committee previously noted that no formal restrictions on the hiring of members of unrecognized religions, including the Baha’i, appear to exist, but that in practice these persons may experience difficulty in access to education, jobs and occupations, the Committee notes with some concern that according to information received by the Special Representative, the issuance of business licences to Baha’is has been delayed and that some stores and business owned by the Baha’is have been closed. The Committee also notes from the interim report that the Baha’is continue to be denied access to higher education in legally recognized public institutions. The Committee hopes that the Government will provide in its next report information on further measures taken to eliminate existing restrictions and exclusions in employment and education of the members of the Bahai’s and other unrecognized religions in law and practice.

13. The Committee refers to its previous comments on the Act to exempt from the Application of the Labour Code workplaces and businesses of five or fewer employees. Recalling its concerns over the manner in which employees in exempted enterprises, in particular women and minorities, would be protected against discrimination in employment, the Committee notes from the information provided by the Government that the Act has not entered into force. The Committee also notes that efforts by the Government, including consultations with workers’ and employers’ organizations in 2001, resulted in the submission to Parliament of a Bill amending the Act in question and to consultations with newly elected deputies to protect women and minorities against discrimination. The Committee further notes that the social partners have concluded an agreement on employment and social protection in workplaces with five or fewer employees. The Committee requests the Government to provide information on whether the abovementioned Act has come into force. The Committee further requests the Government to provide information in its next report on the progress made in amending the Act and to provide a copy of the Bill as soon as adopted, as well as a copy of the text of the agreement concluded by the social partners concerning this question. The Committee would also appreciate receiving information on the outcome of the consultations held with the newly elected deputies.

14. Tripartite consultation. The Committee notes the holding of a National Tripartite Labour Forum and the establishment of a Supreme Council of Employment, with a tripartite structure and headed by the President, to address the issues of integrating a gender perspective into development as provided for under the third Five-Year Plan for Development. The Committee would be grateful to the Government to provide information on the work and initiatives of the Supreme Council, including their impact on non-discrimination and equality of men and women in employment and occupation.

15. With respect to the dissemination of information on the Convention, the Committee notes the holding of a Tripartite National Seminar on the Fundamental Labour Conventions of the ILO from 23 to 25 April 2001, with the participation of representatives of the Office, government officials, social partners, NGOs and representatives of the Islamic Human Rights Commission.

16. While once again acknowledging the stated objectives and intentions of the Government in respect of the application of the Convention, the Committee trusts that the Government will make every effort to continue to take concrete and practical measures towards the full application of the Convention, in law and in practice. The Committee urges the Government to provide detailed information on the points it has raised, in order to ensure the continuation of a meaningful dialogue. The Committee considers this dialogue to be of even greater importance in this case in which very serious divergences between the Convention and the national situation had been noted for a number of years but, more recently, some progress has been marked in improving the situation.