Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the information provided by the Government in its reports submitted in June 2004 and November 2005, including the report on the National Conference on Women’s Employment, Empowerment and Equality, held in March 2004.

1. Discrimination on the basis of sex. Over the past few years the Committee has been noting the positive initiatives taken by the Government to improve the access of women to education, training and jobs. Despite these efforts, however, the level of women’s participation in the labour market remained low (12.2 per cent in 2003) and women’s unemployment rate continued to be twice as high as men’s (19.6 per cent and 10.9 per cent respectively in 2002). The Committee notes from the latest information submitted by the Government that although women’s participation levels in universities continue to increase, women’s unemployment rate is also increasing (21.3 per cent in 2003). The Committee further notes from the information submitted that despite progress made over the past few years, vertical and horizontal occupational segregation prevails, and women continue to face inequalities with respect to promotion and access to decision-making and management positions. Most female managers are in the education sector, and the ratio of women’s employment as legislators, high-ranking officials and managers is less than 0.6 per cent. Recent studies also indicate that the reinforcement of stereotypical attitudes on gender roles over time has become an obstacle to the improvement of women’s participation in employment.

2. The Committee notes that a High-level Tripartite National Conference on Women’s Employment, Empowerment and Equality was held in Tehran in March 2004, organized by the Ministry of Labour and Social Affairs in close collaboration with the ILO. During this Conference, many of the issues previously raised by the Committee were discussed. The Committee notes that the Conference adopted the National Strategy for Promoting Women’s Employment, Empowerment and Equality containing recommendations in the areas of legislation and policy-making, labour market policies, entrepreneurship development and poverty eradication. It also notes that during the Conference, the Government expressed its commitment to integrate these recommendations into the 4th Socio-Economic and Cultural Development Plan (2005-10). The Committee particularly welcomes the proposal to set up a tripartite subcommittee of the National Tripartite Council on Gender Equality and Women Workers’ Issues along with activities aimed at raising awareness on women’s rights at work and gender issues. It also notes the recommendation to further review, amend and adopt legislation to promote non-discrimination against women and gender equality in employment, to improve vocational training and employment of women in non-traditional skills and to promote women’s entrepreneurship. With respect to the latter, the Committee notes that assistance has been requested from the ILO to develop a programme on women’s entrepreneurship. The Committee notes that the Government, in its report of June 2004, reaffirmed its commitment to promote and protect non-discrimination and its intention to move forward in a positive direction with the process of reform. However, there is no information in the report of November 2005 of any further progress made regarding these reforms. The Committee requests the Government to provide information on the specific activities undertaken to implement the recommendations of the National Strategy on Women’s Employment, Empowerment and Equality, in particular the establishment of a subcommittee on gender issues, and any activities undertaken or planned to raise awareness on women’s rights and gender issues. The Government is also requested to provide up-to-date statistics disaggregated by sex, demonstrating the progress made in eliminating discrimination against women in the labour market and in promoting equality of opportunity and treatment with respect to employment and occupation, vocational training and conditions of work.

3. The Committee notes the Government’s indication that the measures taken under the 3rd Socio-Economic and Cultural Development Plan (2000-04) have continued to improve the status of women in their economic and social life including the establishment of more women’s cooperatives to help the empowerment of rural women, and the promotion of women’s entrepreneurship, for example through the Job Opportunities Fund. The Committee notes in this regard the specific role of the Women’s Participation Centre, the Women’s Employment Department of the Ministry of Labour and Social Affairs and the Centre for Women Workers of the Workers’ House, as well as the network of women’s NGOs. The Committee further notes that a draft employment strategy is being prepared with the assistance of the ILO and that a Decent Work Bill has been submitted to Parliament to be incorporated in the 4th Socio-Economic and Cultural Development Plan (2005-10). The plan is intended to generate more than 850,000 jobs annually and to lower the overall unemployment rate of 12 per cent in 2005 to 8 per cent by 2010. The Government further states in its 2005 report that it has undertaken to implement the Decent Work Bill, once adopted, including through the promotion of fundamental rights at work, and in particular the elimination of discrimination in employment and occupation and ensuring equal remuneration for men and women. The Committee requests the Government to continue to provide information on specific activities and initiatives of the abovementioned institutions and organizations, including activities to address existing stereotypes regarding the role of men and women in society and the labour market. The Committee also requests the Government to provide copies of the Decent Work Bill, the employment strategy and the 4th Socio-Economic and Cultural Development Plan, once adopted. The Government is further requested to provide details of the activities undertaken or envisaged for their implementation, particularly with respect to the promotion of equality and the elimination of discrimination in employment and occupation, as well as information on their impact on improving the position of women in education, training and access to jobs.

4. Access of women to vocational training and guidance. The Committee notes the information provided by the Government that training in the private sector covers 40 per cent of the total trainees outside the education system, and that around two-thirds of private sector trainees are women. The Government indicates that in 2003-04, the Technical and Vocational Training Organization provided courses to 800,000 male and female trainees and that half of the women graduates found employment. While appreciating the Government’s indication that the training system in the Islamic Republic of Iran continues to prove attractive to women, whose participation has expanded rapidly, the Committee notes that the Government does not provide further details on the actual number of women participating in the various courses and the type of jobs in which they have been subsequently employed. It also notes from the information submitted by the Government that many vocational training courses provide skills which also help women with their tasks in the home, and that women tend to choose areas of study such as teaching, health-care services and cooking, which may restrict their access to jobs. While recognizing that the progress made in vocational training and education of women and girls and their access to university studies has already had important implications on the status of women in society and the family, the Committee asks the Government to increase its efforts to provide women with training in non-traditional skills and avoid directing them predominantly towards traditionally female-oriented occupations, in keeping with the abovementioned national strategy. It also hopes that the Government’s next report will include statistics, disaggregated by sex, on the participation rates of men and women in the various training courses offered and areas of studies at university or higher education.

5. Article 3(b) of the Convention. Legislative reforms. While noting the legal reforms in the area of family law, particularly relating to inheritance and child custody as well as other amendments to the Civil Code providing equal rights for men and women, the Committee regrets that little progress has been made with respect to the review, repeal or amendment of certain legal provisions, which the Committee has found to be contrary to the Convention:

-  With respect to 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 interest of the family or to his wife’s prestige, the Committee had indicated that the extension of the right to women in the 1975 Protection of Family Act did not respond fully to the concerns of the Committee. It notes with regret that the proposal to amend section 1117 of the Civil Code, submitted by the Women’s Participation Centre, has not yet been adopted and is still being discussed by the judiciary. The Committee urges the Government to make every effort to amend or repeal this provision.

-  With respect to women’s access to the judiciary, in particular Decree No. 55080 of 1979 concerning the change of judicial status of women to administrative status, which in effect prevented women from being judges with power to issue verdicts, the Committee notes the Government’s statement in its 2005 report that the judiciary has proposed a Bill to Parliament under which a female judge can issue verdicts in "female cases". Article 2 of the Bill provides that "the head of the judiciary can appoint women as head judge if they are married and have more than six years of experience". The Committee recalls that, under the Convention, women should be able to exercise judicial functions fully on an equal basis with men. It asks the Government to take the measures necessary to ensure that the power of female judges to issue verdicts will not be limited to cases involving only women or women’s issues, and that no discriminatory requirements for the appointment of judges are established. The Committee asks the Government to clarify whether the existing or draft legislation imposes comparable requirements for the appointment of male judges (i.e. being married and having at least six years experience).

-  With respect to the obligatory dress code for women and the imposition of sanctions in accordance with the Act on administrative infringements for violations of the Code, the Committee has raised concerns, inter alia, over the negative impact that such a requirement could have on the employment of non-Islamic women in the public sector. The Committee has further expressed concern regarding the Disciplinary Rules for University and Higher Education Institutes Students, which classify non-observance of Islamic veil requirements as a political and moral offence, with sanctions including dismissal from university or permanent exclusion from all universities. The Committee notes that the Government replies in its report of 2005 that "Islamic covering is considered a women’s uniform protecting her against misbehaviour in the workplace" and that the "Hijab so far has not led to any dismissals nor has it had any adverse impact on the employment of non-Muslim applicants". The Committee must point out that the Government does not address the Committee’s concern regarding the negative impact that administrative regulations on the obligatory dress code may have on the employment of non-Islamic women. The Committee therefore requests the Government to provide more detailed information on the manner in which the abovementioned administrative and disciplinary rules regarding the dress code are being applied in practice with respect to education and employment, including information on the number of violations of the dress code by women and the sanctions imposed. Understanding further that a draft Bill concerning the dress code had been forwarded to Parliament in 2004 for discussion, the Committee requests the Government to provide information on its status, contents and objectives in its next report.

6. The Committee recalls its previous observation in which it noted the information provided by the World Council of Labour (WCL) regarding certain administrative rules apparently restricting the employment of wives of government employees, which in the view of the Committee inferred that employees would only be men and that only women would be restricted. It notes that the Government’s report does not contain a reply regarding this matter. The Committee also recalls its concerns regarding social security regulations favouring the husband over the wife in pension and child benefit provisions when both are working. The Committee notes the Government’s indication that in order to ensure that no extra payment is made for any particular child, social security regulations provide for the payment of the allowance to the husband as the traditional head of the household and the breadwinner of the family. The Committee recalls its concerns over social security legislation under which the benefits of the wife are derived only from her husband’s entitlements, and stresses that social security should guarantee men and women equal protection and rights (see paragraph 129 of the Workers with Family Responsibilities Convention, 1981 (No. 156)). A provision allowing workers to choose who should receive the family allowances when a man and a woman are potential recipients, would address the Government’s concern of duplication of payments of child benefits. The Committee asks the Government to repeal or amend the abovementioned laws and administrative regulations to ensure equal treatment of male and female employees and their spouses, and to ensure that no provisions directly or indirectly infringe on women’s right to equal access and conditions of employment in all government service positions.

7. Discrimination on the basis of religion. In its previous comments, the Committee had raised concerns regarding preferences based on religion in access to employment. With respect to the public sector, particular attention was given to the selection of teachers. The Committee recalls that the Act on the selection of teachers and employees of the Ministry of Education requires applicants to believe in Islam or one of the religions recognized in the Constitution. In its previous report, as well as the report submitted in June 2004, the Government refers to an Official Circular issued by the Presidential High Screening Board (No. 2/4747) in November 2003 to the Interior Ministry in order to call attention of the governorships countrywide to the necessity of the further observance of the recognized religious minorities’ rights, particularly with respect to employment and recruitment. The Government acknowledged, however, that the law prevailing in the Islamic Republic of Iran regarding religious minorities’ rights still needed to be revised. In its report submitted in November 2005, the Government also refers to various official communications emphasizing the need to observe the equal rights of religious minorities in relation to employment. Reference is also made to the establishment of a national committee on the protection of the rights of religious minorities. The Government states that these initiatives have resulted in an increase in the rate of employment of religious minorities in the public sector, including 200 persons recruited in the Ministry of Education, as well as an increase in the rate of employment of Christian minorities in the private sector. The Committee again requests the Government to provide a copy of Official Circular No. 2/4747, as well as any other recent official communications with respect to religious minorities. Noting the Government’s statement that the law regarding religious minorities’ rights still needs to be revised, the Committee urges the Government to initiate a consultative revision process, to ensure protection in law against discrimination in employment and occupation on the ground of religion, and to keep the Committee apprised of any progress in this regard. The Committee also requests information on the mandate and function of the national committee on the protection of the rights of religious minorities.

8. While noting the Government’s reference to the recruitment of 200 persons belonging to religious minorities in the Ministry of Education, the Committee requests the Government to provide further and updated details regarding those recruited, including their sex and religion, when they were recruited, into what level of post, and what percentage of each level of post is held by those in religious minorities. The Committee is also obliged to repeat its request that the Government provide details on the number of persons from religious minorities receiving financial incentives through the job-creating investment projects.

9. For a number of years, the Committee has raised particular concerns regarding the treatment in education and employment of members of unrecognized religious minorities, in particular those of the Baha’i faith. Concern has also been raised by the Committee on the Elimination of Racial Discrimination (CERD/C/63/CO/6, 10 December 2003, paragraph 14) and the Special Rapporteur on freedom of religion or belief of the Commission on Human Rights (E/CN.4/2005/61/Add.1, 15 March 2005, paragraph 143) regarding discrimination against the Baha’i, in both law and practice. The Committee notes that the Government’s report of November 2005 refers to amendments to the application forms for the national university entrance examination. According to the Government, this amendment enables all applicants of various religions to take part in the examinations, including those of the Baha’i faith. The Committee requests the Government to provide a copy of the application form for the university entrance examination, as well as to indicate whether Baha’i now in practice are able to take part in examinations in all disciplines. The Committee requests the Government, further, to indicate whether religion will continue to be a barrier for unrecognized minorities at any other stage in applying for, undertaking, or receiving official recognition of formal studies. In addition, the Committee again requests the Government to provide statistics on the situation of the Baha’i in terms of access to universities and institutions of higher learning and on their situation in the labour market, as well as information on any initiatives taken or envisaged to address the existing discrimination against the Baha’i.

10. Ethnic minorities. In its previous observation, the Committee requested the Government to continue to provide information on the employment situation of ethnic minority groups, including the Azeries, the Kurds and the Turks, and on all efforts undertaken to ensure equal access and opportunities to education, employment and occupation for members of these groups. The Committee notes the Government’s statement in its report of June 2004 to the effect that there are no cases of discrimination against Turks. It also notes that the Government in its November 2005 report submits that the Ministry of Interior statistics indicate that the number of positions filled by members of ethnic minorities is increasing. The Committee, noting the brief and rather general statements made by the Government concerning ethnic minorities, would welcome receiving more detailed information, including a copy of the statistics referred to by the Government regarding the employment situation of ethnic minority groups, and any efforts taken to ensure equal access and opportunities to education, employment and occupation for members of these groups.

11. Human rights mechanisms. The Committee notes that in its report of 2004 the Government expressed its commitment to further human rights and eliminate discrimination. In particular, article 101 of the draft 4th Socio-Economic and Cultural Development Plan provides for a Human Rights Charter. The Committee also notes the Government’s statement that the Islamic Commission on Human Rights ("the Commission") has recently opened offices in the most remote areas of the country. Previously, the Committee noted that the Government had referred to meetings of the Commission aimed at collecting information on experiences and developing approaches and solutions, which would be presented in a comprehensive report. In its most recent report, the Government again refers to meetings with key individuals of religious, racial and ethnic minorities, and states that complaints will be forwarded to the relevant governmental organizations, and that the Commission will follow up with investigations. The Committee would appreciate receiving more information on the nature and outcome of these meetings, including a copy of any report issued, and again asks the Government to provide details on the results of the investigations, any proposed action, and how recommendations are implemented. As the information on training provided by the Commission dates from 2003, the Committee requests the Government to provide updated information. Information on the number of complaints lodged before the Commission and the results achieved, as well as any allegations of victimization by those submitting cases should also be forwarded to the Committee.

12. The Committee notes that in its report of June 2004 the Government reaffirmed its wish to continue to dialogue and cooperate with the ILO in order to devise a common approach to dealing with the Committee’s concerns regarding employment discrimination, and that it emphasizes the importance of receiving further technical assistance from the ILO to this end. The Committee welcomes the Government’s intention to incorporate a Decent Work Agenda in the 4th Socio-Economic and Cultural Development Plan, section 107 of which requires the Government to provide and implement programmes that would bring the legislation into full conformity with international standards, and to eradicate discrimination in all areas, particularly in employment, and to promote equal opportunities. While the Committee has noted the positive direction the Government has taken over the past few years to promote equality in employment and occupation, which culminated in the holding of the National Conference on Women’s Employment, Empowerment and Equality in March 2004, the Committee cannot but observe that important issues, which the Committee has been raising for many years, remain unresolved. Furthermore, in the absence of additional information, in particular up-to-date statistical data disaggregated by sex, religion and ethnic origin, on the concrete results achieved, it is difficult for the Committee to assess the extent to which further progress has been made on the practical application of the Convention since 2003. The Committee therefore trusts that the Government will be able to demonstrate in its next report that statements of commitment have been translated into concrete initiatives and that the various actions the Committee has noted have led to positive results with respect to the participation of women and all ethnic and religious groups in employment and education.

The Committee is raising other points in a request addressed directly to the Government.