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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Iran (République islamique d') (Ratification: 2002)

Autre commentaire sur C182

Observation

2023

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee previously noted that section 135 of the Islamic Penal Code, 1991, prohibits procuring (bringing two or more persons together for the purpose of fornication) and that section 639 punishes anyone who manages a property where activities against public morals (such as prostitution) take place, as well as anyone who encourages people to violate public morals. It also noted that section 3 of the Children and Juvenile Protection Law, dated 14 January 2003, states that any kind of sale, purchase, use or employing of a child (defined as a person under 18) to conduct an offence is forbidden. The Committee requested the Government to indicate if the term “to conduct an offence” in section 3 of the Children and Juvenile Protection Law encompasses the use and offering of a child for the purpose of prostitution.

The Committee notes the Government’s statement that the Children and Juvenile Protection Law was adopted with a view to implementing Convention No. 182. In this regard, the Government indicates that, pursuant to the Children and Juvenile Protection Law, prostitution is an offence.

2. Pornography or pornographic performances. The Committee previously noted that section 640 of the Islamic Penal Code punishes anyone who publicizes or circulates any picture, text, photo, drawing, article, newsletter, newspaper or any movie that violates public morals. However, the Committee observed that the Islamic Penal Code did not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances.

The Committee notes the Government’s indication that section 2 of the Children and Juvenile Protection Law, which prohibits all kinds of abuse leading to physical, mental or moral damage to a child, includes engaging a child in pornography. The Government also indicates that section 3(b) of the Law Concerning Penalties for Persons Involved in Illicit Audiovisual Activities of 2008 also prohibits and penalizes the production of all pornographic materials. The Committee requests the Government to provide a copy of the Law Concerning Penalties for Persons Involved in Illicit Audiovisual Activities of 2008, with its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that section 3 of the Children and Juvenile Protection Law of 2003 states that it is prohibited to, inter alia, use or employ a child for the purpose of committing an offence. However, the Committee noted the Government’s indication that due to the conflict in Afghanistan, the production and trafficking of narcotic drugs had increased several fold, and noted the information from the United Nations Office on Drugs and Crime (UNODC) that children are trafficked from the Islamic Republic of Iran to Pakistan and Afghanistan to be used in drug trafficking.

The Committee notes the Government’s indication that, in practice, law enforcement officials and the courts apply the Children and Juvenile Protection Law 2003. However, the Government indicates that the lack of capacity of neighbouring countries in combating this phenomenon has affected the measures taken by the Government. The Committee also notes the information in the Government’s report that it has taken several measures to prevent and control drug addiction in the country, including specific measures to reduce the use of drugs among street children. The Committee further notes the information from the UNODC that it is collaborating with the Government, through a specific country programme, to address drug trafficking and border management. Recalling that the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour, the Committee requests the Government to pursue its efforts to enforce the relevant provisions to ensure that children are not used for the purpose of drug trafficking in the illicit drug trade. It requests the Government to continue to provide information on measures taken in this regard.

Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In its previous comments, the Committee noted that the Labour Code appears to exclude several types of work from its scope of application: work performed outside of a formal employment relationship, a number of activities in the agricultural sector, family enterprises, and in some cases, small-scale enterprises with fewer than ten workers. Moreover, the Executive By-law on the list of harmful jobs for children under 18 excludes the work of children in traditional family enterprises of carpet making, weaving and knitting and work in the wood industry. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations, expressed concern at the large number of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom were working in hazardous conditions (CRC/C/15/Add.123, 28 June 2000, paragraph 51). However, the Committee noted the Government’s statement that the Labour Code applies to both the informal and formal sector.

The Committee once again notes the Government’s indication that, pursuant to section 98 of the Labour Code, labour inspectors may enter family workplaces, upon the permission of the Public Prosecutor. The Committee also notes the Government’s statement, in its report to the Committee on Economic, Social and Cultural Rights of 16 May 2011, that it recognizes that the exemption of small scale enterprises from the application of the Labour Code may have harmful consequences on children working in these enterprises. In this regard, the Government states that a special committee has been set up to draft a corrective amendment for submission to the Islamic Consultative Assembly to address this issue (E/C.12/IRN/2, paragraph 177.7). The Committee requests the Government to continue to provide information on the measures taken to protect children working in small-scale enterprises from hazardous work, and to provide a copy of any legislation in this regard, once adopted. It also requests the Government to provide information on the measures taken to protect children working in the informal economy from hazardous work, including measures taken to strengthen the capacity and expand the reach of the labour inspectorate in this sector.

Articles 5 and 7(1). Monitoring mechanisms and penalties. The Committee previously noted the Government’s indication that although 15,226 citations were issued related to child labour, only two employers were brought before judicial authorities for their violations. Therefore, while noting that several cases of violations of child employment were detected by the labour inspectorate, the Committee noted with concern that persons who employ children in breach of the provisions giving effect to the Convention were not prosecuted as a rule.

The Committee notes the Government’s statement that the General Office of Labour Inspection was established within the new Ministry of Cooperatives, Labour and Social Welfare, to ensure the proper application of the labour legislation. It states that labour inspectors engage in the necessary monitoring in the provinces. The Government also states that the Ministry cooperates with other institutions, such as the Ministry of the Interior and municipal governments, in implementing the legislative provisions related to child labour. Recalling that, by virtue of Article 7(1) of the Convention, ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of sanctions, the Committee requests the Government to provide information on the specific measures taken to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, the Committee once again requests the Government to provide information on the number of violations related to the worst forms of child labour detected by the labour inspectorate, the number of persons prosecuted and the specific penalties imposed.

Article 6. Programmes of action. The Committee previously noted that, through the Social Welfare Organization (SWO), the Government was implementing various initiatives related to preventing the worst forms of child labour. It requested the Government to continue to provide information on activities implemented in this regard.

The Committee notes the Government’s indication that the SWO continues to implement diverse projects to provide social support to children, including those from disadvantaged regions. The Government indicates that, pursuant to a Memorandum of Understanding (MOU) with UNICEF (signed in 2009) to implement a project on child poverty, research has been carried out on the impact of social and economic changes on children, a database has been developed concerning social indicators for children, and a comparative study was undertaken to identify opportunities and gaps in social policies related to children. The Government also indicates that measures have been taken to reinforce family integration, through the provision of monthly allowances to vulnerable families. The Committee further notes the Government’s indication that the Institute of Labour and Social Security has undertaken work to develop a national programme for decent work, which includes the eradication of child labour as an objective, and that several conferences and workshops have been held in this regard. The Committee requests the Government to pursue its efforts to combat the worst forms of child labour, including within the framework of the national programme for decent work. It requests the Government to provide information on the concrete measures taken in this regard and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee previously noted that the CRC expressed its concern, in its concluding observations (CRC/C/15/Add.254, paragraph 59, 31 March 2005), at the disparity that exists between boys and girls with regard to education, the high drop-out rates of girls in rural schools upon reaching puberty, and the long distances between homes and schools which often keep girls at home. The Committee also noted the information in the 2010 UNESCO Report entitled Education for All: Global Monitoring Report that in 2007, 89 per cent of boys made the transition from primary to secondary school, but only 77 per cent of girls made this same transition.

The Committee notes the information in the Government’s report that a total of 5,632,825 students are enrolled in primary school (approximately 48 per cent girls), and 3 038 847 children are enrolled in secondary school (approximately 47 per cent girls). The Government also indicates that it pays grants to applicants to kindergarten, and that currently 571,014 children are enrolled in kindergarten throughout the country. The Committee further notes the information from UNESCO’s Institute for Statistics that, in 2010, there was a net enrolment rate of 86 per cent at the secondary level (92 per cent for boys and 80 per cent for girls). Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to pursue its efforts to facilitate access to free basic education, paying particular attention to the situation of girls. The Committee requests the Government to provide information on the measures taken in this regard, and on results achieved, particularly with regard to increasing the enrolment rates of girls at the secondary level.

2. Trafficking. The Committee previously noted that the CRC, in its concluding observations, expressed concern regarding reports of sale and trafficking of young persons under 18 years of age, particularly young girls from rural areas and the trafficking of young persons for the purpose of labour exploitation, from Afghanistan to the Islamic Republic of Iran (CRC/C/15/Add.254, paragraph 70, 31 March 2005). It also noted the information in the compilation report of 29 November 2009, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review, that the Special Rapporteur on violence against women cited reports indicating a worrying increase in trafficking of girls and women, mostly in the eastern provinces where women are kidnapped, bought or entered into temporary marriage to be sold into sexual slavery (A/HRC/WG.6/7/IRN/2, paragraph 37). The Committee further noted the indication from the UNODC that reports of trafficking of children (Afghans, as well as Iranians) is of particular concern, specifically from the Islamic Republic of Iran to the Gulf Region littoral States for the purpose of sexual exploitation, and from the Islamic Republic of Iran to Pakistan and Afghanistan for the purpose of drug trafficking.

The Committee notes the Government’s statement that, on the topic of trafficking, it has agreements with several other countries concerning law enforcement cooperation. The Committee also notes the Government’s statement in its report submitted under the Forced Labour Convention, 1930 (No. 29), that there is a lack of statistical information on cases of trafficking in the country. 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 once again expresses its concern at reports of the trafficking of boys and girls under 18 years of age and urges the Government to take effective and time-bound measures to ensure that children under 18 years of age are prevented from becoming victims of trafficking for both commercial sexual exploitation and labour exploitation. It requests the Government to provide information on the concrete measures taken in this regard, in its next report.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted that the CRC, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 64), expressed its concern about the large number of children living or working in the streets. However, the Committee noted that the SWO was taking several measures to provide for the identification and placement of street children and that a by-law had been adopted aimed at legalizing the topic of the protection of street children.

The Committee notes the Government’s statement that pursuant to the by-law on the Redevelopment of Street Children of 26 July 2005, different institutions have responsibilities regarding the rehabilitation of street children, including municipal governments, the Social Welfare Department and the Ministries of Cooperatives, Labour and Social Welfare, Health, Education, and Justice. The Government also indicates that the Ministry of Cooperatives, Labour and Social Welfare is carrying out several programmes for children from poor areas. The Government further indicates that, within the framework of the 5th Development Plan, it is taking measures to develop family oriented projects aimed at helping street children. In addition, the Committee notes the Government’s indication that, within the framework of its MOU with UNICEF, it is taking measures to address child poverty. However, the Committee also notes the information from UNODC, in a document of April 2012 entitled “Street Children learn Survival Strategies” that in the country, children living on the streets can often be seen in urban centers such as Tehran, Isfahan, Mashad and Shiraz. This document indicates that many of them are the offspring of Afghan refugees, while others come from Iranian families who have slipped into the populous ranks of the urban poor. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to strengthen its efforts to protect such children from these worst forms. It also requests the Government to continue to provide information on the effective and time-bound measures taken in this regard, including the number of street children reached through these initiatives.

Clause (e). Taking into account the special situation of girls. The Committee previously noted that the prospect of forced early marriages was reportedly one of the underlying causes of the phenomenon of runaway girls. In this regard, it noted that the Special Rapporteur on adequate housing expressed concern on the insufficiency of safe houses for runaway girls and street women in the country (A/HRC/WG.6/7/IRN/2, paragraph 64).

The Committee notes the Government’s indication that an NGO, the Omid-e Mehr Foundation, continues to provide vocational training to runaway girls. The Government also indicates that the Girl’s Health House and centres for abused women offer vocational training in various fields, including accounting, computing and cooking, as well as training on general life skills. The Government further indicates that the Centre for Women’s Affairs and Family has focused its planning on children, particularly girls between the ages of 7 and 18, and has organized activities in this regard. The Committee requests the Government to provide, in its next report, detailed information on the measures taken to protect girls, including runaway girls, from engaging in the worst forms of child labour. In this regard, the Committee requests the Government to provide information to the services available to abused and runaway girls, including the number of girls reached through the Girl’s Health House and the Omid-e Mehr Foundation’s activities.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that the number of children involved in the worst forms of child labour was increasing. The Committee also noted that the CRC, in its concluding observations, expressed its concern at the lack of an adequate data collection mechanism in the Islamic Republic of Iran, which would allow for the systematic and comprehensive collection of data in relation to children (CRC/C/15/Add.254, paragraph 16, 31 March 2005).

The Committee notes the Government’s indication that the Institute of Labour and Social Security will undertake a study on the socio-economic factors contributing to child labour in Iran. The Committee requests the Government to strengthen its efforts, including through the Institute of Labour and Social Security, to ensure that sufficient data on the worst forms of child labour is made available, including on the nature, extent and trends of the worst forms of child labour in the country. To the extent possible, all information provided should be disaggregated by sex and age.