Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Iran (République islamique d') (Ratification: 1957)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative framework. The Committee previously noted that the Government had adopted a law in 2004 on trafficking in persons. It requested a copy of this law, as well as information on the application of this Act.

The Committee notes the copy of the Law on Combating Human Trafficking of 2004, provided with the Government’s report. The Committee notes that section 1 of this Law defines trafficking as transferring a person across national borders by use of force, coercion, threats, deception, abuse of power or by taking advantage of the vulnerability of a person, for the purpose of prostitution, trade, use of body parts, slavery and marriage. Trafficking also includes receiving, transferring or concealing such a person after the crossing of a border, or abetting such an offence. Section 2 specifies that setting up or establishing a gang for this purpose, as well as transferring a person legally or illegally for the purpose of prostitution (even with their consent) also constitutes trafficking. The Committee notes that section 3 of the Law on Combating Human Trafficking states that persons who engage in human trafficking will be penalized with a prison sentence of between two and ten years, as well as a fine, or to the penalty specified in the Islamic Penal Code.

The Committee notes the Government’s statement that statistics on cases of human trafficking have not been collected, and that the numbers of convictions for perpetrators of trafficking is not available. The Committee requests the Government to take the necessary measures to ensure that information is collected and made available concerning the application in practice of the Law on Combating Human Trafficking of 2004. In this regard, the Committee requests the Government to provide, in its next report, information concerning the application of the Law, particularly the number of investigations, prosecutions, convictions and the penalties applied.

2. Prevention and law enforcement efforts. The Committee previously noted information from the United Nations Office on Drugs and Crime that there was a rise in trafficking in persons both to and from Iran, orchestrated by criminal networks, and the difficulties encountered by the judicial system in combating this phenomenon. It also noted the information from the Special Rapporteur on violence against women, its causes and consequences, that there was a worrying increase in the trafficking of girls and women, mostly in the eastern provinces and particularly in border towns with Pakistan and Afghanistan (E/CN.4/2006/61/Add.3).

The Committee notes the Government’s statement that it has taken measures to provide suitable employment for women and men to prevent them from being engaged as victims of trafficking, through vocational training, capacity building and awareness raising. The Government also indicates that it has taken measures to combat poverty, particularly aimed at providing women with financial support, which can contribute to preventing human trafficking. The Committee further notes that the Human Rights Committee, in its concluding observations of 29 November 2011, expressed concern about the persistent trafficking in women and children, particularly young girls from rural areas, often facilitated by temporary marriages (CCPR/C/IRN/CO/3, paragraph 20). The Committee therefore urges the Government to strengthen its efforts to prevent, suppress and combat human trafficking, and to provide specific information on the measures taken in this regard. It also requests the Government to provide information on the measures taken to provide appropriate protection and assistance to victims of trafficking, including information on the number of persons benefiting from these measures.

Articles 1(1) and 2(1). Freedom to leave the service of the State. In its previous comments, the Committee noted that section 64 of the Civil Servants Code states that the resignation of a civil servant may be rejected by the employer within one month of the filing date, though the employee has the right to appeal this decision. It also observed that pursuant to section 65 of the Employment Regulations for State Companies, it appeared that a company may refuse to give approval for the resignation of an employee. Concerning these provisions, the Committee recalled that statutory provisions which prevent the termination of employment of indefinite duration by an employee by means of notice of reasonable length turns a contractual relationship based on the will of the parties into service by compulsion of law. However, the Committee noted the Government’s indication that the Civil Services Act had been adopted in 2007, and that as a result, the relevant provisions of the Civil Servants Code and the Employment Regulations for State Companies were no longer in force. The Committee requested a copy of the Civil Services Act. The Committee notes that section 48 of the Civil Services Act of 2007 specifies the situations in which employment in the civil service may be terminated. The Committee notes with interest that section 48(2) of the Civil Services Act states that employment may be terminated by resignation, and no conditions for this resignation are specified.