Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Iran (République islamique d') (Ratification: 1964)

Autre commentaire sur C111

Observation

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2013, and the conclusions adopted. The Conference Committee urged the Government to take concrete and immediate action to end discrimination against women, and ethnic and religious minorities in law and in practice, to promote women’s empowerment and entrepreneurship, to take decisive action to combat stereotypical attitudes underlying discriminatory practices, and to address sexual and other forms of harassment. It also urged the Government to take effective measures to ensure protection against discrimination based on political opinion and respect for freedom of expression, and to address the continued absence of an environment conducive to freedom of association as a matter of urgency. Given the seriousness of the case and the lack of progress, the Conference Committee urged the Government to accept a High-level mission, and asked it to provide a report to this Committee on all the issues raised by the Conference Committee and this Committee. While noting the report of the Government submitted in June 2013, prior to the discussion by the Conference Committee, the Committee notes that no report as requested by the Conference Committee has been provided by the Government.

Legislation. The Committee notes the Government’s indication that, in the context of the Five-Year Economic, Cultural, Political and Social Development Plan, the Government has adopted effective strategies and constructive measures for the efficient modification and amendment of laws and regulations, and expects to receive further ILO technical assistance and expertise in this context. The Government also states generally that the Bill on non-discrimination in employment and education has been passed by Parliament. However, the Government does not address the Committee’s concerns expressed previously that the Bill did not provide effective and comprehensive legal protection for all workers against discrimination, and that sexual harassment was not addressed. In this regard, the Committee refers the Government to its detailed comments on the Bill in its observation published in 2011. On the issue of sexual harassment, the Government indicates that a draft by-law for the establishment of women’s safety committees, which would be legal entities related to securing women’s safety against violence, has been forwarded to the National Centre for Women and Families for approval. The Committee notes that among the objectives of the committees would be “recognition of women’s role and prohibition of violence against women in the Islamic precepts …” The Government also states that each enterprise may establish a disciplinary committee to address any violence against personal and occupational dignity, and points to the Islamic Penalties Law providing for prison sentences of two to six months for harassing or insulting women’s dignity and security. The Committee notes that these measures do not address the full range of behaviour that constitutes sexual harassment in employment and occupation. The Committee again urges the Government to ensure that effective and comprehensive legal protection for all workers is ensured, whether nationals or foreigners, against direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, and with respect to all aspects of employment and occupation. Recalling that sexual harassment is a serious manifestation of sex discrimination, the Committee asks the Government to take effective measures to prevent and prohibit sexual harassment, both quid pro quo and hostile environment harassment, at work. The Committee also asks the Government to provide information on measures taken, as urged by the Conference Committee, to address other forms of harassment. Noting the Government’s indication that an amendment Bill on the Civil Service Management Code for Women and Family is under discussion, the Committee urges the Government to take the opportunity of the revision to the Code to include provisions actively supporting equality of opportunity and treatment of women and men in the civil service, and to seek ILO technical assistance in this regard.

The Committee also notes the adoption of the Family Protection Act, which according to the Government was passed by Parliament on 27 February 2013, and is now in force. The Government states that section 18 of the Act provides that “Upon court approval, the husband can prevent his wife from taking up a job or profession incompatible with the family interests or his dignity or that of his wife. The wife can also make the same request to the court. Then the court prohibits employment of the man to the said occupation if family livelihood is not disrupted.” The Government indicates that this provision, and no longer section 1117 of the Civil Code, is applicable. While noting that the new provision also allows a woman, although in more limited circumstances, to object to her husband taking up a job or profession, the Committee considers that the provision will continue to have a negative effect on women’s employment opportunities, and is likely to have a disproportionate impact on women. With respect to discriminatory provisions in social security regulations favouring the husband over the wife in terms of pension and child benefits, the Committee notes the Government’s indication that, pursuant to the Social Security Act, a husband and wife subject to the Labour Code enjoy all privileges mentioned in the Labour Code equally, including housing allowance and family allowance, even if they work in the same place. The Government also states that provision has been made for women to benefit from the pension of their deceased husband. The Committee understands that this has been reflected in amendments to the Family Protection Act in April 2013. With respect to the mandatory dress code, the Government reiterates that there is no specific regulation, but that observance of the Islamic dress code is established in the Constitution as a national norm. The Committee recalls the concerns raised by the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran regarding the negative impact of criminalizing improper veils on women’s participation in public and social arenas (A/66/374, 23 September 2011, paragraph 56). The Committee is bound once again to express concern that such a restriction could have a negative impact on the employment of non-Islamic women and to their access to education. The Committee urges the Government to take steps to ensure that women have the right, in law and practice, to pursue freely any job or profession, including in the context of the Family Protection Act. In this context, the Committee also asks the Government to take concrete measures to address any barriers to women’s employment, including the mandatory dress code. The Committee also asks the Government to specify any situations where the husband is entitled to the payment of certain allowances as the presumed breadwinner or head of the family, and whether any social security benefits of a wife are still derived from her husband’s entitlement. Please also provide the text of the provisions of the Family Protection Act that are currently in force.

Equality of opportunity and treatment of men and women. The Committee notes from the statistics provided by the Government in the context of its report under the Equal Remuneration Convention, 1951 (No. 100), that women’s labour market participation in 2012 was 13.8 per cent, having declined from 16 per cent in 2010. The Committee notes that there remain significant barriers to women’s equality of opportunity and treatment in employment and occupation. According to the Government’s report, there has been an increase in the number of female teachers and in the number of female judges, although women hold only 7.5 per cent of judicial positions. On the issue of discriminatory job advertisements, the Government replies generally that this could be addressed through the inspection process. Regarding practical barriers to women over 30 years old being recruited, the Government repeats that the law allows women and men alike to be recruited up to 40 years of age, and in some cases to 45. The Committee asks the Government to examine the obstacles in practice to women over 30 years old being employed, including due to their family responsibilities and to hiring preferences by employers, and to take concrete measures to address such obstacles. Welcoming the information provided by the Government on the range of activities aimed at promoting women’s entrepreneurship, the Committee urges the Government to indicate the concrete impact of such measures, including the number of women who have benefited therefrom. Noting that it continues to be unclear whether women have access to all positions in the judiciary or whether female judges are authorized to hand down judgments on an equal footing with male judges, the Committee again asks the Government to provide specific information in this regard. The Committee also again urges the Government to take concrete steps to prohibit discriminatory job advertisements, and to provide specific information on how such prohibition has been enforced.

Recalling the concerns raised previously regarding the increasing number of women in temporary and contract employment, who are thus not eligible for certain legal entitlements and conditions, including maternity protection, the Committee notes that the Government replies generally that the law does not differentiate between men and women with respect to types of contracts, and that any problems arising from contracts should be brought before the courts. With respect to promoting women’s employment, the Committee notes the Government’s indication that a range of measures are being taken with a view to implementing the Act on the Five-Year Development Plan, including to permit distance working arrangements for women, to allow women with children under 5 years of age to work shorter hours, have flexible working arrangements, and to be entitled to ten years’ leave taken intermittently. While noting the importance of arrangements to assist workers to reconcile work and family responsibilities, the Committee asks the Government to evaluate and adapt the measures under consideration with a view to ensuring that they do not in fact result in reinforcing traditional roles and stereotypes, including that women are solely responsible for the family or that they should be confined to certain types of jobs, thus further limiting their access to the labour market in practice. The Committee asks the Government to evaluate and address the impact of temporary and contract employment on employment benefits and entitlements of women, including due to non-renewal of such contracts when women become pregnant. Noting the absence of a reply by the Government to the Committee’s previous request for information on the application in practice of the quota system in universities, and noting the concerns raised by the Special Rapporteur on the situation of human rights regarding policies prohibiting women from enrolling in 77 fields of study (A/68/503, 4 October 2013, paragraph 34), the Committee urges the Government to ensure that women have access in practice to all education and training opportunities, and to take steps to promote women’s access to a wider range of jobs, including those with career opportunities, and higher pay.

Discrimination based on religion and ethnicity. The Government repeats that the Baha’i are considered to be a political sect, and states generally that they “enjoy all citizenship rights according to the legal framework, except whose actions violate citizenship principles and national laws.” With respect to ethnic minorities, the Government provides information regarding development plans for the provinces of Khoozestan, Sistan and Baloochestan. However, despite this Committee and the Conference Committee regularly urging the Government to take action to address discrimination in law and practice against religious minorities, in particular the Baha’i, the Government has taken no such measures. The Committee notes further that, according to the Special Rapporteur, Baha’i websites and web pages maintained by ethnic minorities have been blocked, and he refers to “what appears to be an escalating pattern of systemic human rights violations targeting members of the Baha’i community”, including with respect to access to employment and education (A/68/503, 4 October 2013, paragraphs 40–42). The Committee also recalls the concerns raised by Education International (EI) regarding religious-based discrimination against the Baha’i in terms of access to education, universities and to particular occupations, and the failure to provide all ethnic groups with access to quality education. The Committee cannot but echo the expression of continued and deep concern by the Conference Committee regarding the systematic discrimination against members of religious and ethnic minorities, particularly the Baha’i, and once again urges the Government to take immediate and decisive action to address such discrimination. In this context, the Government is asked to provide detailed information on the specific measures taken to promote respect and tolerance for religious minorities, including the Baha’i, to repeal all discriminatory legal provisions, and to withdraw all discriminatory circulars and other government communications. Recalling that unrecognized religions remain subject to the selection procedure requiring prospective state officials and employees to demonstrate allegiance to the state religion (gozinesh), the Committee urges the Government to take concrete steps to put an end to this practice, and to amend the Selection Law accordingly. The Government is also asked to provide detailed information on the education and employment situation of religious and ethnic minority groups, including the Baha’i, disaggregated by sex, in both the public and private sectors, and at the various levels of responsibility. Please also provide information on the impact of the development plans for the provinces of Khoozestan, Sistan and Baloochestan with respect to improving employment and education opportunities of ethnic minorities.

Discrimination based on political opinion. The Committee previously raised concerns regarding the persecution and prosecution of teachers, students and trade unionists advocating for social justice, equal rights to education and employment and for women’s rights, which the Government had characterized as activities of a political nature. The Government replies that it is dealing with the issues raised through two mechanisms: first, holding internal meetings with representatives of unions and associations; and, secondly, paying the debts of some teachers, and intervening with the administrative court. The Government indicates further that there are no limitations on access to websites. The Committee notes in this regard that, according to the Special Rapporteur, in the days preceding the recent election, there were again reports of intimidation of political activists, journalists, trade unionists and student activists, and the Internet was virtually shut down (A/68/377, 10 September 2013, paragraph 8). The Committee asks the Government to take specific measures to ensure that teachers, students, journalists, and their representatives, are effectively protected against discrimination based on political opinion. In this regard, the Government is also requested to provide information on the outcome of the internal meetings with the unions, as well as of its interventions with the administrative court.

Enforcement. Noting the absence of specific information in the Government’s report in response to its previous requests, the Committee asks the Government to provide detailed information on the number and nature of complaints related to equality and non-discrimination in employment and occupation, and how such complaints have been addressed by the labour inspectorate, the courts, the conciliation boards for religious minorities and any administrative bodies, including the remedies provided and sanctions imposed. The Committee also again asks the Government to take concrete measures to increase the awareness of workers, employers and their organizations of the principle of the Convention and the available complaints procedures, and to increase the capacity of those involved in monitoring and enforcement to identify and address discrimination in employment and occupation. The Committee also asks the Government to indicate the progress made in establishing a national human rights institute in full compliance with the Paris Principles, as agreed in the context of the Universal Periodic Review (A/HRC/14/12, 15 March 2010, paragraph 90(10)).

Social dialogue. The Committee notes the Government’s indication that, with a view to promoting social dialogue, a technical tripartite national committee was established in October 2012, and that the items on the agenda of the committee include a review of the Convention, issues related to labour relations and collective bargaining, and a survey of fundamental rights at work. The Government also provides detailed information on the work of the National Labour Committee on the Labour Law and Social Security Act Amendment, established in October 2011, including the range of sections of the Labour Code Amendment Bill on which the members have agreed. The Committee asks the Government to provide information on the outcome of the technical tripartite national committee with respect to the review of the Convention, and any other measures taken in cooperation with the social partners to promote and ensure the application of the principle of the Convention. Recalling the conclusions of the Conference Committee urging the Government to accept a High-level mission, the Committee urges the Government to take the necessary steps for the conduct of such as mission, with a view to examining all the issues raised by this Committee and the Conference Committee concerning the application of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]