Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Autre commentaire sur C111

Observation

Demande directe

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2016.

The Committee recalls its previous observation noting the detailed report of the high-level mission which took place from 4 to 8 May 2014, following the request of the Conference Committee on the Application of Standards in June 2013. The Committee recalls that in its conclusions, 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 take decisive action to combat stereotypical attitudes, underlying discriminatory practices and to address sexual and other forms of harassment. It also underlined the need 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. The Committee recalls the Government’s willingness to continue to engage in dialogue on many of the issues addressed by this Committee and the Conference Committee and its intention to move forward in a positive direction to implement the Convention. It further recalls the strong statements made by President Hassan Rouhani in 2014 that no discrimination would be tolerated between men and women or in relation to the minorities in the country.

Articles 1 and 2 of the Convention. Legal restrictions on women’s employment. Section 1117 of the Civil Code. The Committee recalls that for a number of years it has been raising the issue of the need to repeal or amend section 1117 of the Civil Code, which allows a husband to prevent his wife from engaging in an occupation or technical profession which, in his view, is incompatible with the family’s interests or the dignity of him or his wife. The Committee notes that the ITUC reiterates its concern over the vague and broad nature of section 1117 which essentially allows a husband to exercise absolute control over his wife’s right to work. The Committee recalls that the Government indicated in its last report that section 1117 was to be revised and that section 18 of the Family Protection Act, which related to the implementation of this section, had been repealed. The Committee notes the Government’s statement that the request for an amendment, which it made after initial coordination with the judiciary and with the collaboration of the Parliament Research Center, is now before the Parliament Legal and Judiciary Committee for review. The Committee urges the Government to take steps to repeal or amend section 1117 of the Civil Code to ensure that women have the right in law and practice to pursue freely any job or occupation of their own choosing.

Draft comprehensive population and family excellence plan and other measures. The Committee recalls its previous comment concerning a draft comprehensive population and family excellence plan (Bill No. 315) which established a hierarchy in hiring practices by both public and private institutions. Bill No. 315 provided that employment was to be given first to men with children, then to married men without children and then to women with children. While seemingly excluding single women, the Bill included provisions directed at support for maternity protection and women with children. The Committee notes the observations of the ITUC which detailed their concern at how Bill No. 315 directly and indirectly discriminates against women on the basis of sex, marital and family status. In addition to being directly discriminatory by excluding women, the ITUC observes that many provisions of the Bill were intended to encourage women to stay at home, such as extensions of maternity leave, possibilities for part-time work and provision of extra leave benefits for mothers with young children. The Committee further notes the concerns expressed by the ITUC that in practice women’s employment is being terminated after taking maternity leave and that they are already restricted in accessing employment by reason of the introduction of quotas for men and women in examinations for employment in the public sector, the result of which was that only 639 women secured educational posts out of the 3,703 posts available. The Committee notes that the Government reports that this plan on population remains under review by a task force set up by the Parliament Cultural Committee.

The Committee further notes, however, that Bill No. 315 has been revised by a new draft of the Comprehensive Population and Family Excellence Plan (Bill No. 264) which is pending before Parliament as of May 2017. The new Bill No. 264 has the same objective as the former Bill, that is, to achieve a fertility rate of 2.5 children per woman by 2025. The Committee notes that while many provisions in the former Bill have been modified, Bill No. 264 maintains some of the hiring priorities: section 10 provides that governmental and non-governmental departments shall give priority in employment to married men with children and to married men without children and that employment of single persons is permitted only in the absence of qualified married applicants. Women with children are no longer mentioned as having priority. However, the Bill provides that in occupations such as medicine and teaching, due to gender segregation, women will be given priority, as an exception to this section, and where there is a need to consider women, priority will be given to women with children and married women without children. The financial incentive for private sector institutions following the priority hiring set out in section 10 has been removed. Pursuant to section 11, five years after the Act comes into force, priority will be given to married persons over single persons in faculty appointments in universities and higher education, research institutions and in the case of school teachers in public and private institutions at all levels. The Bill further restricts the issuance of licences for lawyers who practice family law to married persons. Bill No. 264 also maintains most of the provisions concerning support to women in relation to maternity protection and family responsibilities, such as extended paid maternity leave for nine months with a right to return. Section 22 provides that government and public and private non-governmental sectors are to adopt effective methods to accommodate female employees who are either pregnant or have children under 3 years of age to work flexible hours or to reduce hours, or to work from home, and it also provides for their job security. The new Bill also has provisions to promote healthy pregnancies and child and mother benefits and calls for all public and private offices and workplaces covered by the Labour Code to establish childcare services at the workplace or close to it. The Committee considers that many of the concerns raised by the ITUC on the discriminatory provisions and impact of Bill No. 315, also apply to Bill No. 264. The Committee also notes the adoption of a new Act on the Reduction of Working Hours for Women in Specific Circumstances, adopted on 23 August 2016. This Act provides for a small reduction of weekly hours of work for women who work 40 hours per week and who have children under the age of six years, a spouse or a child with a severe disability, or who occupy female-headed households, without loss of salary or benefits. It also provides for breastfeeding leave and it prohibits the employer from dismissing, transferring or replacing women who take advantage of the provisions of this law. While understanding the importance of a population policy, the Committee is deeply concerned about the approach taken to restricting women’s access to employment, particularly single women and women without children, in contravention of the protection against discrimination set out in the Convention. The Committee strongly urges the Government to remove all of the restrictions on women’s employment in the plan and to review the prioritization of men’s employment and to ensure that in practice restrictive measures are not taken such as those referred to in the ITUC’s observation, concerning the introduction of quotas which serve to limit women’s employment in the public sector. The Committee asks the Government to ensure that the measures taken to promote maternity protection and the reconciliation of work and family responsibilities do not impair women’s access to, retention in, or security of, employment.

Sexual harassment. The Committee recalls from the mission’s report that the Government recognized that legal and practical measures were needed to prevent and address sexual harassment in employment, and that a Bill on Women’s Security and the establishment of a national centre on the prevention of violence and the protection of women was to be examined by the Government. The Committee notes the Government’s indication that in view of overlapping functions in the relevant bodies, including the President’s Centre for Women and Family Affairs and the Judiciary, the Government decided not to establish the centre, but to continue to entrust issues of violence against women to the judicial and executive bodies. The Committee further notes the Government’s detailed explanation of the general disciplinary provisions set out in the Labour Code, the Regulations on Determining Failure and Breach of Labour Disciplinary Directives and Regulations in the Workshops under section 27(2) of the Labour Code, which the Government attached to its report, and the sample disciplinary by-laws that have been developed to provide examples for workplace disciplinary committees to follow. The Government indicates that these disciplinary measures will cover actions within the scope of the Convention, including discrimination or prejudice and abuse of authority, position or business principles, and that the workplace disciplinary committees could rely on these disciplinary provisions to provide women with protection and redress against sexual harassment. The Committee notes, however, that so far there have not been any complaints or incidents of sexual harassment brought to the attention of, or observed by, the workplace disciplinary committees. The Committee also notes that the Act on Women’s Rights and Responsibilities 2004 provides general protections for women’s safety and prohibits exploitation and trade of women and girls in illegal occupations. While noting that the Labour Code and regulatory provisions provide general protection at the workplace, in order for that protection to be practically effective, the Committee urges the Government to amend the Labour Code to explicitly define and prohibit all forms of sexual harassment at work, both quid pro quo and hostile work environment and provide information on any action taken. The Committee asks the Government to clarify whether the Bill on Women’s Security has been withdrawn along with the decision to establish the centre on prevention of violence and the protection of women. The Government is also asked to provide a copy of the sample disciplinary by-laws that have been developed to provide examples for workplace disciplinary committees.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that women are being encouraged to participate in higher education; that women and girls in disadvantaged areas have a right to specific educational support and that women continue to have the right to participate in policy-making, decision-making, management of academic education, and in cultural and academic assemblies. The Government also reports on various measures taken to promote women in political decision-making, and reports on the first woman appointed as an ambassador of the country. The Government also refers to the establishment of a women’s committee in the sixth Parliament in 2015 to address issues relating to women. Currently women account for 3 per cent of members of Parliament. The Government also indicates that women’s participation in the urban and rural Islamic councils continues to increase. The Committee also notes the statistics on the number of female judges and prosecutors.

The Committee notes that the number of female students in universities grew from 145,000 in 1994 to 2 million in 2013 and that, as of 2012, 22 per cent of the overall faculty members were women, which is more than double the number in 2001. The Committee welcomes the Government’s indication that it will reintroduce the internship plan that had been successful in 2006 and 2007 for young women and men. The Government also provides information on the development of skills of female jobseekers and those in the labour force through non-formal skills and vocational training for women in a range of training institutions. Between 1996 and 2011, the Committee notes that the number of technical and vocational training centres has substantially increased along with the diversity of the fields of training including electronics, chemical industries, general drafting as well as food technology. However, the Committee notes a decreasing trend in the enrolment of girls in technical and vocational schools between 2014 and 2016.

The Government indicates that within the sixth development plan it is addressing female-headed households and that measures are being taken to promote microbusiness and increase access for men and women from disadvantaged groups to banking facilities in order to alleviate poverty and support livelihoods. The Committee notes that the Government has implemented a number of measures in order to coordinate work and family responsibilities which appear to be targeted only at women and include: the housewives insurance plan; rural women’s insurance, particularly for female-headed households; promotion of home work and self-employment for women, particularly in the agricultural sector. Nevertheless, the Committee notes that the economic participation rate of women remains very low at 12.7 per cent in 2014, having increased from 9.1 per cent in 1996. The Government reports that women represent nearly 30 per cent of the workers in agriculture and represent 51 per cent of the workers in the services sector. The Committee notes that the Government reiterates that it does not discriminate against women and believes that the rate of growth represents progress in the implementation of policies and programmes for women.

The Committee asks the Government to continue to examine and address the obstacles that exist in practice, including cultural and stereotypical barriers to women’s equality of opportunity and treatment, and to provide information on the steps taken to promote and encourage the participation of women in the labour market and decision-making positions on an equal basis with men, including up-to-date statistics disaggregated by sex and occupation in both the public and private sectors. The Government is also asked to continue to provide statistics on the number of women and men in the judiciary and the number of judgments handed down by female judges, and the fields concerned. The Committee also asks the Government to continue to provide information on steps taken to ensure that women’s access to the labour market is not restricted to a limited number of jobs and occupations or to being housebound. Furthermore, the Committee asks the Government to continue to provide information on steps taken to support women’s entrepreneurship, including those aimed at the disadvantaged groups, rural and nomadic women, and “female-headed households”. The Government is also asked to continue to provide information, including statistics on the number of women and men enrolled as students in universities and vocational and technical training institutions and their fields of study.

Discrimination based on religion and ethnicity. The Committee notes the information provided by the Government concerning the representation and respect given to the recognized minorities and the cultural integration of ethnic minorities. It notes that no new information on labour market participation or training of these groups is provided. The Committee recalls that for a number of years it has been raising the issue of the situation of the non-recognized minorities, in particular the Baha’i, and it notes that no new information has been provided by the Government in this regard. The Committee recalls that the practical impact of the Selection Law, which requires prospective state officials and employees to demonstrate allegiance to the state religion (gozinesh), remains an outstanding issue of concern. The Committee asks the Government to provide information on the participation rates of men and women of recognized religious minorities in employment and occupation. The Committee continues to ask the Government to take steps to eliminate discrimination in law and practice against members of non-recognized religious groups in education, employment and occupation, and to adopt measures to foster respect and tolerance in society of all religious groups. Noting that no information was provided on the role or action of the special adviser to the President for religious and ethnic minority affairs, the Committee trusts that the Government will provide such information in its next report. The Committee also asks the Government for information on the Selection Law and its application in practice to employment in both the public and private sectors, as well as to training and to educational institutions.

Enforcement. The Committee notes the information on the labour inspection cases and the disputes handled by the labour dispute authorities, particularly concerning the application of the occupational classification system and the payment of wages. It notes that in 2015, 528 cases concerned the elimination of discrimination between men and women. The Committee also notes that training courses have been provided to workers and employers relevant to the Convention. The Committee notes the Government’s request for technical cooperation and training in conjunction with the International Training Centre in Turin on international labour standards and its willingness to host a judges training. It trusts that this cooperation will take place in the near future. The Committee asks the Government to continue to provide information on the number and nature of claims and disputes filed related to employment discrimination, and to indicate the number of these cases that were based on sex discrimination. It further asks the Government to provide information on the activities of the Islamic Human Rights Commission, and any complaints submitted to it or the courts or any other administrative body concerning discrimination in employment and occupation. The Committee also asks the Government to continue to provide information on awareness raising, education and capacity-building measures aimed at employers and workers in order to ensure a better understanding of how to identify and address discrimination and to better promote equality in employment and occupation.

Social dialogue. The Committee asks the Government to provide information on the activities and efforts of the employers’ and workers’ organizations in promoting the application of the Convention including through the various tripartite committees.