Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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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The Committee takes note of the supplementary information provided by the Government following the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.

Articles 1 and 2 of the Convention. Discrimination based on sex. Legal restrictions on women’s employment. The Committee recalls that for a number of years it has been asking the Government 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 Government stated in its last report that the request for an amendment to section 1117 was before the Parliamentary Legal and Judiciary Committee for review. The Committee notes the Government’s indication in its report that section 1117 of the Civil Code dates back to 1935 and that now judges give it a strict interpretation and apply it in restricted circumstances. The Government considers that the application of section 1117 does not give the husband “absolute control over his wife’s right to work”. To corroborate this statement, the Government provides summaries of several judgements where the courts quashed husbands’ motions, when they did not consider the wife’s occupation to be inconsistent with “family dignity and honour or disturbing the couple’s daily life”. The Committee notes that the Government once again explains that there is a certain reciprocity in the law and refers to section 18 of the Family Protection Law which provides for a wife’s right to prohibit her husband from participating in an occupation in limited circumstances. The Committee notes that giving both spouses the right to restrict the others’ choice of work, particularly where a husband has greater opportunity to do so, does not mean that those provisions are not discriminatory. The Committee further notes, from the Report of the Special Rapporteur on the situation of human rights in Iran, 2017, that several female athletes have been restricted from participation in international tournaments either by State sporting agencies or by their husbands (A/72/322, 14 August 2017, paragraph 92). Noting that it has been raising this issue since 1996, the Committee strongly urges the Government to take the necessary measures to repeal section 1117 of the Civil Code to ensure that women have the right in law and practice to freely pursue any job or occupation of their own choosing.

Draft Comprehensive Population and Family Excellence Plan and other measures. In its previous comment, the Committee noted that the draft Comprehensive Population and Family Excellence Plan (Bill No. 315), which established a hierarchy in hiring practices by both public and private institutions (employment was to be given first to men with children, then to married men without children and then to women with children) had been revised by a new draft of the Comprehensive Population and Family Excellence Plan (Bill No. 264) with the same objective as the former Bill, that is to achieve a fertility rate of 2.5 children per woman by 2025. The Committee noted that, while many provisions in the former Bill had been modified, Bill No. 264 maintained 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 the employment of single persons is permitted only in the absence of qualified married applicants. However, Bill No. 264 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. 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.

The Committee notes the Government’s indication that Bill No. 264 is still under review and that its concerns are being considered for the finalization of the draft Bill. The Government reports that it has called upon different agencies and reference groups to provide their opinion on the draft Bill. The Committee notes the Government’s statement that alternative incentives to promote population policies are being considered. While it understands the importance of a population policy, it remains concerned about the approach taken to restrict women’s access to employment in Bill No. 264, and particularly single women and women without children, in contravention of the protection against discrimination set out in the Convention. The Committee once again asks the Government to ensure that the measures taken to promote population policies and maternity protection do not constitute obstacles to the employment of women in practice. More specifically, the Committee firmly hopes that measures will be taken to remove all of the restrictions on women’s employment in the draft Bill No. 264 and to review the prioritization of men’s employment. It once again urges the Government to ensure that in practice restrictive measures are not taken through the introduction of quotas which serve to limit women’s employment in the public sector.

Sexual harassment. The Committee notes with regret that no measures have been taken 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 that no information has been provided on any action taken in this respect. It notes the Government’s view that there is sufficient protection considering: (1) the general status that women have in society due to the cultural and religious rules prevailing in the country; (2) the protection against sexual assault and harassment in criminal law; and (3) the general disciplinary regulations contained in labour law, including the regulations on determining cases of failure and violation of labour disciplinary circulars and regulations in workshops adopted under section 27(2) of Labour Code and the respective disciplinary regulations. The Committee further recalls that, in the Bill on Women’s Security Against Violence, it is proposed to criminalize sexual harassment at work. It notes, according to the supplementary information provided by the Government, that the Bill was returned to the Government Committee of Legal Bills in late August 2020 with some amendments made by the judiciary, and is currently under final review. In this regard, the Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey on the fundamental Conventions, paragraph 792). Furthermore, the Committee notes the Government’s information on the establishment in 2015 of the National Committee for Prevention of Violence, which is responsible for dealing with all aspects of violence, including violence against women. In its supplementary information, the Government indicates that it has established a special taskforce on the security of women at the workplace, composed of academics in the field of sociology and psychology, with the aim of identifying women’s issues, challenges and concerns at workplaces. The Committee takes note of this information. Recalling the Government’s previous acceptance that clear legislation is required for effective protection against sexual harassment, the Committee once again 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 to provide information on any action taken. In the meantime, the Government is asked to provide a copy of the sample disciplinary by-laws that have been developed to provide examples for workplace disciplinary committees. The Committee also asks the Government to provide information on the progress made with regard to the adoption and implementation of the Bill on Women’s Security Against Violence and to provide a copy of the text once it has been adopted. Finally, the Committee asks the Government to undertake specific activities to prevent sexual harassment at work, through the Committee for Prevention of Violence and the special taskforce on the security of women at the workplace, including awareness-raising campaigns at both the national and workplace levels in respect of the public and private sectors.

Equality of opportunity and treatment for men and women. With the aim of improving equal access to opportunities for women, the Government indicates that it undertook a review of the cultural barriers to equal opportunities and treatment of women and organized conferences and workshops at the national and regional levels. However, the Committee notes that the results of this review have not been communicated. The Committee welcomes the adoption of the Citizen’s Charter for Human Rights, 2016, section 11 of which provides that “women have the right to take an active and effective part in policy-making, legislation, management, enforcement and supervision, and to enjoy equal social opportunities according to Islamic standards”. Moreover, the Committee notes from the 2017 report of the Special Rapporteur on the situation of human rights, that the Charter is not legally binding and that it offers almost no new protection for women and minority groups (A/72/322, 14 August 2017, paragraphs 7 and 8). With regard to its previous comment, the Committee takes note of the Government’s statement that numerous initiatives were undertaken to encourage women’s participation in the labour market and increase their representation in management positions. Among the measures taken, the Government reports on the adoption of an executive order aiming to increase women’s managerial positions to 30 per cent. The Government also indicates there has been an increase in the number of women in rural management, governors’ offices, deputies and advisors in governors’ general offices. The Government further refers to the preparation and implementation of the National Plan 2015–16 to Support Empowerment of Women Managers and Governors General through training and empowerment workshops, delivered to more than 1,900 women middle managers in 31 provinces. In its supplementary information, the Government indicates that the number of women managers in the country rose by 36 per cent between 2017 and 2019. The Committee welcomes the Government’s indication that in 2019 there were a total of 12,850 women managers in the country, compared to 9,444 in 2017. However, it also observes that in 2019 women represented only 5.5 per cent of top managers, 9.3 per cent of middle managers and 23 per cent of basic managers.

The Committee notes the Government’s information on the number of women judges in office. In reply to the Committee’s previous request, the Government indicates that the exact number of women judges with the right to issue judgments cannot be provided because such data is not collected. In this regard, the Committee notes, from the 2017 report of the Special Rapporteur on the situation of human rights, that women remain excluded from certain occupations, including from serving as judges who issue rulings, although they may be appointed as assistant judges (A/72/322, paragraph 87). The Committee also notes, from the Government’s report on the application of the Employment Policy Convention, 1964 (No. 122), that women’s economic participation increased from 12.7 per cent in 2014 to 17.3 per cent in 2016 and an Inclusive Employment Plan under which women are being provided with assistance and support to work from home is being implemented. In this regard, the Committee notes that women account for more than 80 per cent of homeworkers. The Government further indicates that it has provided support for the creation of employment for female rural cooperatives by creating micro-credit units, and it has encouraged rural organizations and cooperatives for economic empowerment and income generation of rural women by facilitating access to production resources, land, capital and ownership rights. The Committee also notes, from the Government’s supplementary information, that due to the exceptional economic conditions caused by COVID-19 in 2020, an economic working group has been set up to provide women heads of households with support for production and livelihoods, including by supporting their employment in workshops to produce face masks and gowns. Finally, the Committee notes that the Special Rapporteur regrets that discrimination on the basis of gender pervades society and that the pace of change concerning the protection of women from discrimination is slow (A/75/213, 21 July 2020, paragraph 46), and that discrimination in the job market continues to prohibit women from working in certain professions (A/HRC/37/68, 5 March 2018, paragraph 63). In light of the above, the Committee asks the Government to: (i) step up its efforts to examine and address the obstacles that exist in practice, including cultural and stereotypical barriers, to women’s equality of opportunity and treatment; (ii) promote and encourage the participation of women in the labour market and decision-making positions on an equal basis with men; and (iii) provide up-to-date statistics disaggregated by sex and occupation in both the public and private sectors, including the number of women judges with the right to issue judgments. Recalling the importance of women’s access to the labour market not being restricted to a limited number of jobs and occupations or to being housebound, the Committee asks the Government to: (i) take measures to ensure that women have access to equal opportunities, and provide information on the concrete steps taken or envisaged to this end; (ii) continue providing information on the steps taken to support women’s entrepreneurship, including those aimed at disadvantaged groups, rural and nomadic women, and women heads of households; (iii) provide information on the results achieved; and (iv) continue providing 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. With regard to its previous comments, the Committee notes the Government’s statement that recognized minorities are represented by five members of Parliament and are also present in urban and rural councils. The Government indicates that, just like any other citizens, members of religious minorities have access to university. However, 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 issue of concern. It notes, from the 2019 report of the Special Rapporteur on the situation of human rights that, as a result of this practice, religious minorities, in particular non-recognized religious groups, face serious hurdles in obtaining public sector employment, and that private employers have also reportedly followed the guidelines of the gozinesh requirements, thereby discriminating against potential non-Muslim employees (A/74/188, 18 July 2019, paragraphs 41 and 42). 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 notes that, according to the above report, the Baha’i continue to be excluded from schools and employment (paragraph 50). The Committee urges the Government to take the necessary steps to eliminate discrimination in law and practice against members of religious minorities, especially non-recognized religious groups, in education, employment and occupation, and to adopt measures to foster respect and tolerance in society of all religious groups. Once again noting with regret that no information has been provided on the role or action of the Special Adviser to the President for religious and ethnic minority affairs, the Committee asks the Government to provide such information in its next report. The Committee also asks the Government to consider amending or repealing the Selection Law in order to ensure that people from all religions and ethnic backgrounds have equal access to employment and opportunities in both the public and private sectors, as well as to training and educational institutions. Noting the lack of information provided in this regard, the Committee once again asks the Government to provide information on the labour market participation rates of men and women from religious minorities.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(a). Social dialogue. The Committee notes that, between 2017 and 2019, the Government organized six tripartite advisory meetings to discuss labour issues. It also notes the adoption and notification in 2019 of Circular No. 46532, based on which all executive departments shall be obliged to take into consideration the opinions of workers’ and employers’ groups and other non-governmental organizations when adopting or amending circulars and procedures related to business, and invite their representatives to attend the respective meetings. In its supplementary information, the Government indicates that consultative assemblies of women experts and political, social, economic and cultural elites, with a view to direct, transparent and practical dialogue for women, have been held in four provinces. The Committee welcomes these initiatives and asks the Government to continue providing information on activities and efforts for cooperation with employers’ and workers’ organizations to promote the application of the Convention, including through the various tripartite committees.

Enforcement. Noting that the Government reiterates its willingness to organize training on international labour standards in conjunction with the International Training Centre in Turin, the Committee trusts that this cooperation will take place in the near future. The Committee once again asks the Government to provide information on the number and nature of the claims and disputes filed relating to employment discrimination, and to indicate the number of these cases based on sex discrimination. It further repeats its request to the Government to provide information on the activities of the Islamic Human Rights Commission, and any complaints submitted to it or to the courts or any other administrative body concerning discrimination in employment and occupation. The Committee once again asks the Government 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.

[The Government is asked to reply in full to the present comments in 2021.]