Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 359, Mars 2011

Effect given to the recommendations of the Committee and the Governing Body

1. 90. The Committee last examined this case, which concerns allegations of government interference in the elections of the Iranian Confederation of Employers’ Associations (ICEA), the subsequent dissolution of the ICEA by administrative authority and the official backing of a new and parallel employers’ confederation (the Iranian Confederation of Employers (ICE)), at its June 2010 meeting [see 357th Report, paras 693–708]. On that occasion, the Committee made the following recommendations:
   • (a) The Committee once again calls on the Government as a matter of urgency to amend the Labour Law in order to ensure protection against government interference in the exercise of freedom of association by employers, and as regards the need to ensure the right of all workers and employers to establish more than one organization at the enterprise, sectoral and national levels, and to do so in a manner that does not prejudice the ICEA or the freedom of association rights of its members or prospective members.
   • (b) In light of the public ruling of the Tehran Public Court, and given that three years have passed since the first examination of this case, the Committee expresses its expectation that the Government will immediately register and recognize the ICEA as constituted following its General Assembly of 5 March 2007 and ensure that it can exercise its activities without hindrance, until such time as its membership, in accordance with its by-laws, holds elections or makes other decisions in relation to its structure. The Committee expects the Government to adopt a position of non-interference and neutrality in the exercise of freedom of association of employers and, in this particular case, the ICEA’s right to exist free of prejudice and acts of favouritism. The Committee further expects the Government to remedy any remaining effects of past discriminatory acts arising out of the favouritism it had demonstrated towards the ICE.
   • (c) More generally, the Committee urges the Government to amend the Labour Law and the Council of Ministers’ Rules and Procedures on the Organization, Functions, Scope and Liabilities of Trade Unions, so as to ensure that employers and workers are able to freely choose the organization they wish to represent them and so that these organizations may fully exercise their right to elect their representatives freely and without interference by the public authorities. It requests the Government to transmit a copy of any additional amendments proposed in this regard and firmly expects that the legislation will be brought into conformity with freedom of association principles in the very near future.
   • (d) Recalling the Government’s previous acceptance of a mission relating to outstanding freedom of association cases, the Committee expects that this mission will be able to visit the country shortly and have full access to all the concerned parties, so as to enable a full investigation into and dialogue on all freedom of association matters in the country including the aspects raised in the present case.
   • (e) The Committee calls the Governing Body’s attention to the extreme seriousness and urgent nature of this case.
2. 91. In a communication dated 25 August 2010, the Government recalls that the employers’ organizations have reached an agreement on the issue of the representation of the employers at the International Labour Conference (ILC), following a meeting which was held at the initiative of the Minister of Labour and Social Affairs in April 2010, in the presence of the two employers’ confederations (the ICEA and ICE). The ICEA and ICE also agreed on that occasion to undertake negotiations to reach a common decision with respect to the establishment of a single employers’ confederation. The Government further indicates that employers’ elections were planned to take place in autumn 2010. Pursuant to the agreement dated 6 July 2010 concluded between the employers’ confederations, which is attached to the Government’s communication, these elections aim at “serving a pervasive confederation encompassing all employers’ associations nationwide” and at ensuring the participation of employers’ organisations from all over the country, including provincial employers’ associations and employers’ confederations of a specific career or industry. In these circumstances, the Government requests the sealing of the case, considering that all the problems in this respect have been eliminated.
3. 92. In a communication dated 15 June 2010, the ICEA provides copies of a number of judicial decisions: (i) Judgment No. 3061 dated 17 January 2006 issued by the Supreme Administrative Justice Court, nullifying the Labour Ministry’s order for the dissolution of the ICEA; (ii) Judgment No. 3311 dated 3 March 2007 issued by the First Verification (Revision) Branch of the Supreme Administrative Justice Court, rescinding the Labour Ministry’s Order on the dissolution of the ICEA; (iii) Decree No. 39 dated 4 May 2010 issued by the Ultimate Appellate Branch (Second Verification Branch) of the Supreme Administrative Justice Court cancelling the judgment issued by the Revision Branch of the Supreme Administrative Justice Court (endorsed dissolution of the ICEA) and verifying the decree issued by branch 19 of the Supreme Administrative Justice Court No. 96700 dated 2 November 2006 (rescinding the Labour Ministry’s order for dissolution of the ICEA); (iv) Judgment No. 880575 dated 16 October 2009 issued by the Tehran Public Legal Court, ruling on the dismissal of the Labour Ministry’s claim, the nullity and invalidity of the ICE and annulling the measures taken by the Labour Ministry for the registration of the ICE; and (v) Verdict No. 1754-1753 dated 17 February 2010 issued by the “Tehran Appellate Court” of the Justice Administration of the Islamic Republic of Iran, rescinding the registration of the ICE.
4. 93. In a communication dated 30 September 2010, the ICEA provides an officially translated copy of a communication sent on 29 August 2010 by the Ministry of Labour and Social Affairs to the ICE, requesting the ICE to take into account the Tehran courts’ judgments regarding the dissolution of the ICE and the necessity to go into a liquidation procedure and to report back. The complainant expresses the hope that the dissolution of the ICE will be effective soon in order to implement part of the recommendations adopted by the Committee.
5. 94. In a communication dated 19 February 2011, the Government provides additional information in respect of the matters addressed in this case. In response to the recommendation of the Committee urging the Government to amend the Labour Law and the Council of Ministers’ Rules and Procedures on the Organization, Functions, Scope and Liabilities of Trade Unions – so as to ensure that employers and workers are able to freely choose the organization they wish to represent them and so that these organizations may fully exercise their right to elect their representatives freely and without interference by the public authorities – the Government supplies a copy of a draft Bill amending the Labour Law. The Government further indicates that the employers’ elections took place on 27 October 2010 and that the members of the new Board of Directors were elected with the direct votes of the employers’ delegates. The Government adds that the results of the elections will be announced to the ILO Standards Department, once it will receive the full report on the elections from the ICEA Secretary-General and the official introduction of the Board of Directors for registration. As to the recommendation of the Committee concerning the need for the Government to immediately register and recognize the ICEA, the Government provides copies of the letters sent by the direction of the ICEA concerning the holding of the elections. Finally, as to the recommendation of the Committee relating to the Government’s previous acceptance of an ILO mission to the country in order to address the outstanding freedom of association cases, the Government confirms its readiness to receive a high-level mission.
6. 95. The Committee notes that the Government recalls that the ICEA and the ICE have reached an agreement on the issue of the representation of the employers at the ILC and have agreed to engage in negotiations with a view to establish a unique confederation of employers’ organizations. The Committee notes the complainant’s information that on 29 August 2010, the Ministry of Labour and Social Affairs requested the ICE to take into account the Tehran courts’ judgments regarding the dissolution of the ICE and the necessity to go into a liquidation procedure and to report back. The Committee notes that the holding of employers’ general elections by the ICEA took place on 27 October 2010 in a way that was aimed at ensuring the participation of employers’ organizations from all over the country, including provincial employers’ associations and employers’ confederations of a specific career or industry. The Committee notes that the Government indicates that the results of the elections will be announced to the ILO Standards Department, once the full report on the elections will be received from the ICEA Secretary-General and after the official introduction of the Board of Directors for registration. The Committee notes that, against this background, the Government requests the sealing of the case. The Committee welcomes the implementation of the final court judgement giving rise to the dissolution of the ICE and enabling the ICEA to resume its activities. As to the employers’ general elections organized on 27 October 2010, the Committee is concerned that four months after the elections, no results have apparently been announced and trusts that the ICEA has been able to elect its officers and to carry out its activities without interference. The Committee requests the Government to keep it informed of the ICEA newly elected executive committee. As to its previous recommendations of a legislative nature, the Committee takes note of the draft Bill amending the Labour Law provided by the Government and taking into account the concerns it has expressed in a case concerning similar issues [see 359th Report, paras 684–705], the Committee calls on the Government to take the necessary measures to ensure that the Labour Law, as well as the Council of Ministers’ Rules and Procedures on the Organization, Functions, Scope and Liabilities of Trade Unions, will: (i) ensure protection against government interference in the exercise of freedom of association by employers; (ii) ensure the right of all workers and employers to establish more than one organization at the enterprise, sectoral and national levels, and will do so in a manner that does not prejudice the ICEA or the freedom of association rights of its members or prospective members; and (iii) ensure that employers and workers are able to freely choose the organization they wish to represent them and so that these organizations may fully exercise their right to elect their representatives freely and without interference by the public authorities. The Committee recalls that the Government may avail itself of the technical assistance of the ILO in this respect and further takes note that the Government confirms its acceptance of an ILO high-level mission to the country. The Committee trusts that such a mission will be able to review all of the outstanding matters in all of the serious and urgent cases that are pending before it, as previously requested.