Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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 (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes the Government’s indication in its report that it has initiated several awareness-raising measures to prevent the use of children for trafficking drugs. It has also conducted workshops for NGOs working among street children. Moreover, the Committee notes the information from the United Nations Office on Drugs and Crime (UNODC) contained in a report on UNODC Country Programme 2011–14 (UNODC report), that although drug trafficking represents a major challenge for the Islamic Republic of Iran, the country has built one of the strongest counter-narcotics enforcement capabilities in the region. In this regard, the Committee notes from the UNODC report that it has provided support to the national authorities of Iran, Afghanistan and Pakistan to facilitate the implementation of their subregional partnership entitled Triangular Initiative on counter-narcotics enforcement. Support was provided for the establishment of border liaison offices, information–intelligence exchange and cross-border communication systems. However, the Committee notes from the UNODC report that over 70 per cent of Afghan opiates are trafficked via Iran and Pakistan every year. It also notes the information contained in the Government’s Third Periodic Report of 2013 on the Convention on the Rights of the Child (Government’s Report to the CRC) that children, particularly those living in border areas, are employed by criminal groups and individuals for cross-border trafficking of drugs. The Committee requests the Government to strengthen its efforts to ensure that thorough investigations and robust prosecutions are carried out against persons who use, procure or offer children under the age of 18 years for trafficking of drugs. It also requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed 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 excluded several types of work from its scope of application such as: 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.

The Committee notes the Government’s statement that all enterprises, including small-scale enterprises with less than ten workers, are obliged to observe labour laws and they are by no means excluded from regulations banning child labour. The Government’s report also states that labour inspectorates of the Ministry of Cooperatives, Labour and Social Welfare conduct inspections of all enterprises throughout the country regardless of the number of workers employed and whether or not it is formal or informal. Any violations detected during inspections shall be reported to the concerned authority. The Committee requests the Government to continue taking measures to protect children involved in hazardous work in the informal economy, including through strengthening the capacity and expanding the reach of the labour inspectors in this sector. It requests the Government to continue providing information on the measures taken in this regard.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Following its previous comments, the Committee notes the Government’s indication that the labour inspectors conduct periodic inspections on child labour and, if any violations of child labour are detected, the employer concerned will be issued a warning in order to fix the violation. In case of failure or repetition of the violation, the non-complying employer will be introduced to judicial authorities and prosecuted and sanctions pursuant to section 176 of the Labour Code shall be applied. The Committee notes from the Government’s report that the number of inspections conducted on child labour increased from 25,715 in 2013 to 27,870 in 2014. According to the data provided by the Government, in 2013, 103 employers were referred to judicial proceedings for violations of child labour provisions involving 468 boys and 65 girls under the age of 18. In 2014, 70 cases of violations of child labour provisions involving 376 boys and 22 girls were referred to judicial proceedings. The Committee requests the Government to continue providing information on the number and nature of violations detected with regard to young persons under 18 years. It also requests the Government to indicate the penalties imposed, following the judicial proceedings, on the employers for the non-compliance of child labour provisions.

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. Following its previous comments, the Committee notes from the Government’s report that various initiatives have been undertaken to create equal educational opportunities for all children. These include the implementation of a conditional cash transfer programme aimed at helping children of poor families to enrol at schools, as well as street children, working children and those who have dropped out of schools in order to enable them to return to schools. Moreover, several measures have been taken to enhance girls’ education, including establishing rural schools, providing transport facilities, and introducing skills training at the secondary level. According to the data provided by the Government, currently 1,460,402 girl students are covered by these measures.

The Committee also notes from the Government’s report to the CRC that it has established distance education institutes to enable children who have dropped out of school or children who are unable to attend school to access formal education. According to this report, at least 75,215 children have so far been taught by this programme. The Government’s report to the CRC also indicates that with the aim of covering all children in geographically remote areas or scattered or under-populated villages, the Ministry of Education has established schools in central villages and provided free transportation to students. In this regard, over 725 boys’ high schools and over 729 girls’ high schools are currently operating in central villages. The Committee notes from the Education For All (EFA) 2015 National Review of the Islamic Republic of Iran that the net enrolment rate in primary school was 98.6 per cent in 2014 and the transition rate from primary to junior high school was 95.7 per cent. However, the EFA 2015 report also indicates that despite the improvements of some indicators in secondary education, a large proportion of the population aged 14–17 (who should be at high school) are out of school. In addition, girls, and those in rural areas, are in poorer conditions compared to boys and those in urban areas. Above 70 per cent of this population aged 14–17 are in rural areas and over 30 per cent of this age group all over the country are out of school (almost 1.5 million people of the population aged 14–17). 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 to all children, particularly girls and children in rural areas. The Committee requests the Government to continue providing information on the measures taken in this regard, and on results achieved, particularly with regard to increasing the enrolment rates of girls and children in the rural areas at the secondary level.

2. Trafficking. Following its previous comments, the Committee notes the Government’s information that a Bill on Protection of Children and Adolescents which is underway foresees a wider definition of child exploitation and calls for severe punishments for perpetrators of offences against children, including trafficking of children. The Committee also notes from the Government’s report that several awareness-raising campaigns on trafficking and exploitation of children, were conducted for the public, particularly for children.

The Committee notes, however, from the Government’s report to the CRC that children, especially those living in border regions and children from poor families, are often trafficked across the border or sold for smuggling goods, forced labour or for forced marriage. In this regard, the Committee notes the Government’s information contained in its report under the Forced Labour Convention, 1930 (No. 29) that a Committee on Combating Human Trafficking was established comprising of representatives from the concerned ministries and executive departments including the Prosecutor General’s Office, the Police, the Passport and Border Control Police and the Office for Interpol National Bureau. The Committee requests the Government to provide information on the activities of the Committee on Combating Human Trafficking on preventing and combating the trafficking of children. Noting the prevalence of cross-border trafficking of children, the Committee 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.

Clause (d). Identifying and reaching out to children at special risk. Street children. Following its previous comments, the Committee notes the information contained in the Government’s report concerning the measures taken to protect street children which are as follows: (i) the establishment of a National Council for Organizing Street Children which is entrusted to provide social support, medical insurance, affordable health services for street children, as well as financial assistance for their return to formal education or vocational training; (ii) the provision of credit facilities to generate employment for job-seeking street children and their families; and (iii) the provision of free occupational training skills for street children over 15 years through the State Technical and Vocational Training Organizations. The Government also indicates that the State Welfare Organization (SWO) has taken concrete measures with a view to supporting street children through conducting awareness-raising programmes. Moreover, the SWO also runs shelter homes with provision for accommodation and social, health, educational and vocational services for street children. In addition, the Ministry of the Interior collects information and data on street children every six months; visits and supervises centres taking care of street children; and provides psychological, health, legal and educational support services. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to continue 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, as well as the number of street children who have been withdrawn and rehabilitated through these initiatives.

Clause (e). Taking into account the special situation of girls. Following its previous comments, the Committee notes the detailed information provided by the Government concerning the measures taken to protect girls and runaway girls. Accordingly, the Committee notes that the Government has established 31 Girls’ health houses for socially vulnerable, disadvantaged or abused girls. These Girls’ health houses enable girls to obtain economic and social independence through employment training and provide them with financial support. Furthermore, 26 support and rehabilitation centres for socially disadvantaged girls are in place which provide social, psychological, and health services; access to education, employment or legitimate income; technical and vocational training to generate employment as well as financial support. The Committee requests the Government to provide information on the number of girls under the age of 18 years who have benefited from the Girl’s health houses and the rehabilitation centres.

Application of the Convention in practice. The Committee notes the Government’s information that the incidence of the worst forms of child labour has been reduced following the implementation of its various initiatives, such as increasing the extent of child labour inspections, disseminating information to vulnerable groups and providing them with the required support. The Government’s report further indicates that research projects on child labour will be undertaken and a comprehensive database on child labour will be developed in order to identify challenges and to take practical measures to eliminate the worst forms of child labour. The Committee expresses the firm hope that research projects on child labour will be undertaken in the near future and that sufficient data on the worst forms of child labour, including the nature, extent and trends of the worst forms of child labour in the country, will be made available. To the extent possible, all information provided should be disaggregated by sex and age.