Rapport intérimaire - Rapport No. 364, Juin 2012

1. 575. The Committee last examined this case in June 2011, when it presented an interim report to the Governing Body [see 360th Report, paras 782–807, approved by the Governing Body at its 311th Session].
2. 576. The Government sent its observations in communications dated 14 March and 22 May 2012.
3. 577. The Islamic Republic of Iran has not ratified either the Freedom of Association and the Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 578. In its previous examination of the case, the Committee made the following recommendations [see 360th Report, para. 807]:
   • (a) The Committee acknowledges the continuing efforts by the Minister of Labour and Social Affairs to obtain the granting of a pardon for Mr Osanloo. It notes that the Head of the Judiciary has accepted the Minister’s request for such a pardon which, according to the Government, is presently under consideration. The Committee deeply deplores that more than five years have elapsed since his conviction and despite the Committee’s regular call for his release, he remains in prison. The Committee deeply regrets that one year has now elapsed since the Ministry’s laudable initiative to obtain Mr Osanloo’s pardon and urges the competent authorities to take the necessary steps for his immediate release from prison and the dropping of any remaining charge. The Committee expects that the Government will take all necessary measures to provide proper medical attention to Mr Osanloo and considers that the ongoing allegations in relation to the state of his health further attest to the need to ensure his immediate release. Recalling, moreover, that it had previously concluded that Mr Osanloo’s detention from 22 December 2005 to 9 August 2006 and the treatment received during this period constituted not only interference with his trade union activities, but an extremely grave violation of his civil liberties as well, the Committee once again expects the Government to carry out the necessary independent investigation in this regard, having the confidence of all parties concerned, as a matter of urgency.
   • (b) The Committee expresses the firm hope that the call from the Ministry of Labour and Social Affairs for a special sitting of the Parole and Pardon Committee to examine the possibility of granting Mr Madadi amnesty will lead to his imminent release from prison and the dropping of any remaining charge. The Committee however deeply deplores the fact that he would have served much more than the two-year prison term for which he was initially sentenced by the Revolutionary Court in October 2007, this in spite of the Committee’s systematic recommendation for its release. The Committee expects that Mr Madadi will have his rights restored and that he will be compensated for the damage suffered. Furthermore, the Committee deeply regrets that the Government has once again failed to provide any indications concerning the allegations of ill-treatment to which Mr Madadi had been subjected while in detention, and once again urges the Government to institute without delay an independent investigation into this serious matter and to keep it informed in this regard.
   • (c) The Committee must firmly insist that the legislation be brought into conformity with freedom of association principles, particularly those concerning trade union multiplicity, in the very near future and once again urges the Government to indicate any progress made in adopting amendments to the Labour Law so as to allow for trade union pluralism and expects the Government to deploy all efforts as a matter of urgency, including through the de facto recognition of the SVATH without delay pending the introduction of the legislative reforms.
   • (d) The Committee calls on the Government once again as a matter of urgency to fully recognize the right of public protest and expression as an integral corollary of freedom of association. The Committee expects that the Government will avail itself of the technical assistance of the Office to ensure that the principles in the code of practice for managing and redeveloping trade union demonstrations, as well as the rules and regulations governing the holding of demonstrations and assemblies, guarantee freedom of association rights, including the right of workers’ organizations to carry out peaceful demonstrations without fear of arrest, detention or indictment by the authorities for engaging in such activity.
   • (e) The Committee requests the Government to transmit a detailed report of the findings of the SGIO and the Headquarters for the Protection of Human Rights into the allegations of workplace harassment during the period of the union’s founding, from March to June 2005, as soon as they are produced. It once again requests the Government, in the light of the information revealed by these investigations, to take the necessary measures to ensure that all employees at the company are effectively protected against any form of discrimination related to their trade union membership or their trade union activities.
   • (f) The Committee once again requests the Government to immediately institute a full and independent judicial inquiry into the attacks on union meetings in May and June 2005, in order to clarify the facts, determine responsibilities, prosecute and punish those responsible and thus prevent the repetition of such acts. It further requests the Government to keep it informed of developments in this regard and provide a copy of the court’s judgment in the action initiated by the union concerning these attacks once it is handed down.
   • (g) The Committee takes due note of the Government’s indication of its repeated requests for technical assistance and training and expects that the ILO will respond positively once the necessary conditions are met to enable a mission to meet with all parties concerned in the various cases against the Government of the Islamic Republic of Iran, including with those who continue to be detained contrary to the Committee’s repeated recommendations.
   • (h) The Committee, noting that four years have elapsed since its first examination of this case, and noting furthermore the seriousness of the matters contained therein – in particular the yet unresolved grave violations of civil liberties against numerous trade unions leaders and members – calls the Governing Body’s special attention to the extremely grave situation relating to the trade union climate in the Islamic Republic of Iran.

B. The Government’s reply

1. 579. In its communication dated 14 March 2012, the Government, as regards Mr Osanloo indicates that it spared no efforts to seek his release. Due to the incessant efforts of the Minister of Labour, who benevolently intervened for his freedom and personally received the members of the Tehran Vahed Bus Company (SVATH) and other detained workers of the union in his office, the former was eventually and unconditionally released in June 2011. At present, he is completely free and no limitation, whatsoever, either legally or socially has been imposed on him. The Government reiterates that Mr Osanloo, even in prison has constantly received appropriate medical services and medication for his illnesses including his heart problem which was the direct result of an open heart surgery he had undertaken years prior to his first detention. The Government also reiterates that it would spare no efforts to constructively engage with the Committee’s supervisory mechanism to seek the freedom or mitigating the sanctions of other workers who may still be in prison on the ground of their alleged trade union activities.
2. 580. As regards Mr Ebrahim Madadi, the Government indicates that the Minister personally conducted various correspondences through which he has reflected the recommendations of the Committee to judicial authorities and requested them to drop the remaining charges against him and certain other workers and expedite their effort to grant them amnesty. For example, in his letter No. M/V/8628 dated 18 December 2012, the Minister addressed the Head of Justice Department of Tehran Province and through letter No. M/V/8625 dated 18 December 2012, he addressed the General Prosecutor of Tehran. His letter No. M/V/9519 dated 8 January 2012 meant to advise the Head of Justice Department of Tehran Province and his latest correspondence No. M/90/01/2041 dated 1 January 2012 sought direct interventions of the Minister of Justice. According to the Government, the short span of time in which the above correspondences were forwarded shows the determination of the minister in fulfilling his objectives for the freedom of the detained workers. In his latest correspondence dated 6 February 2012, the Minister addressed the Chief of the Judiciary Body (the Government indicates that this is not very common in view of the protocol of correspondence), and while recalling the request of the Minister of Justice through which he had formally urged the Public and Revolution Persecutor to expedite the processing of the request for workers’ amnesty, he also urged him to instruct the Parole and Pardon Committee to adopt necessary measures for enlisting the respective workers and arrange for their release at the soonest. The Government further indicates that he has to abide by the principles of the division of power and recalls that it has no say in granting amnesty to the above said workers. Nonetheless, the Government is very hopeful to be able to advise the Committee on the situation of Mr Ebrahim Madadi and other workers at the soonest. In its communication dated 22 May 2012, the Government confirms that Mr Madadi has now been released.
3. 581. As regards recommendation (c), the Government indicates that the Law of the Fifth Development Plan of the Islamic Republic of Iran (2011-2015), and particularly articles 25 and 73 thereof, legally requires it to take the necessary steps to formulate a national Decent Work Country Programme, in compliance with the guidelines and principles of the ILO, labour rights and the workers’ and employers’ trade union rights, and reiterates the need for addressing the amendment of Labour Law and Social Security by the end of 2011–12. The Government also indicates that together with its social partners it has collectively negotiated amendments of the Labour Law and that it is strongly hoped that the newly drafted labour law that is expected to be approved by the Parliament also addresses the core concerns of the Committee on Freedom of Association. The Government adds that the draft proposal of the new Labour Code, among other things, provides for the recognition of the principles of freedom of association and multiplicity of workers’ organizations.
4. 582. As regards recommendation (d), the Government indicates that the Code of Practice on the Administration of Labour Demonstrations and Assemblies was finally approved by the National Security Council on 14 November 2011 and has been communicated on 3 March 2012 to all general directors of labour department throughout the country. The Code encapsulates seven articles and, among other things, recognizes the right and freedom of workers for holding assemblies and demonstrations and industrial actions, as also provided for in the Constitution. Article 2 of the Code requires police and disciplinary forces to ensure protection of assemblies and demonstrations of workers. To coordinate necessary arrangements with other relevant bodies, the organizers of the industrial actions are, however, required to submit a written request specifying the time, place and purpose of their action. Their request for any such action should be submitted to the Office of the General Governor of the respective city at least seven days prior to the action. The Code also obliges the operating police forces to strictly abide by the rules and regulations stipulated in the Police Code of Conducts in respect of dealing with peaceful demonstrations and assemblies as well as deployment of appropriate anti-riots equipment. The Security Council of each province, city and town, where assemblies or demonstrations are held shall rule, if the assembly is peaceful or not. Article 6 of the Code reiterates the need for training of the operating police forces dealing with the workers’ protests, demonstrations, etc., by the respective international organizations, if any, and requires the Ministry of Cooperatives, Labour and Social Welfare as the focal point for arranging any such training. Finally, the Code calls for the need of hearing offences of the trade unions by special courts which are trained and familiar with the fundamental principles and rights at work. The Government would warmly welcome opportunity for training from the Committee.
5. 583. As regards recommendation (e), the Government reiterates that, neither the mandate holders of the then Ministry of Labour, nor other government officers, had a role in the occurrence of the SVATH clash in 2005 and its ensuing casualties and were not in any manner implicated, either directly or indirectly in subsequent legal contentions between the parties. The Government indicates that the qualified officers of the Labour Inspection Department with their colleagues in labour dispute resolution officers and judges of the Labour Disputes Courts shall hear any legitimate case of conflict referred to them on their merits and ensure the rule of law and justice among them.
6. 584. As regards the imposition of conditions and postponing rendering technical assistance to delegating a mission to meet with all parties concerned in the various cases against the Government of the Islamic Republic of Iran (recommendation (g)), the Government believes that such a request is harbinger of the unconstructive attitude adopted against both the Government and social partners of the Islamic Republic of Iran for the last five years and that no conditions should be imposed prior to providing such technical assistance.
7. 585. As regard recommendation (h), the Government indicates that all arrested persons were subjected to normal and fair judicial procedure in accordance with the principles of protection of the fundamental rights and other civil rights enshrined in the Constitution of the Islamic Republic of Iran, its Civil Code and the Citizenry Charter. The Government adds that the Judiciary tends to try its best to manage and resolve the labour disputes and conflicts preferably in the interest of the workers. The problematic situation in many enterprises, which seem to have far adversely aggravated due to the unjustified and politically motivated sanction and imposition of unfair and inhuman embargoes since the Government’s latest submission, has, in the meantime urged the Government to boost its efforts for ensuring sustainability of enterprises and providing for an enabling working environment. The protection of the rights of the workers in its entirety, including their right to organize and collective bargaining therefore would remain an uncompromising priority for the Government. In seeking any solution for the troubled enterprises, the Government continues to seek the good will and genuine engagement of its social partners and particularly constructive collaboration of the workers’ most representative and legitimate organizations at the respective workplaces. The Government adds that it has made every possible effort to encourage the authorities of the Judicial Branch to reduce as much as possible the sentences of the workers involved in the case before the Committee.

C. The Committee’s conclusions

1. 586. The Committee recalls that the present case it has been examining for more than four years concerns acts of harassment against members of the SVATH union, including: demotions, transfers and suspensions without pay of union members; acts of violence against trade unionists; and numerous instances of arrest and detention of trade union leaders and members.
2. 587. With respect to Mr Mansour Osanloo, President of the SVATH, the Committee welcomes the Government’s indication that he was unconditionally released in June 2011 and that at present, he is completely free and no limitation, whatsoever, either legally or socially has been imposed on him. The Committee however deeply regrets that Mr Osanloo spent more than five years in prison, despite its regular call for his release.
3. 588. With respect to Mr Ebrahim Madadi, Vice-President of the SVATH, the Committee takes due note of the information provided by the Government indicating that the Minister of Cooperatives, Labour and Social Affairs has spared no efforts to obtain his immediate release. The Committee welcomes the latest information that Mr Madadi was released from prison on 19 April 2012. The Committee however deeply deplores the fact that he will have served much more than the two-year prison term for which he was initially sentenced by the Revolutionary Court in October 2007, this in spite of the Committee’s systematic recommendation for his release. The Committee expects that Mr Madadi will have his rights restored and that he will be compensated for the damage suffered. Furthermore, the Committee deeply regrets that the Government has once again failed to provide any indications concerning the allegations of ill-treatment to which Mr Madadi had been subjected while in detention, and once again urges the Government to institute without delay an independent investigation into this serious matter and to keep it informed in this regard.
4. 589. In its previous comments, the Committee had noted the proposed amendments to article 131 of the Labour Law which appeared to permit trade union pluralism, including at the workplace and at national levels. The Committee notes however with deep regret that these amendments have not yet been adopted, nor has any recent draft been transmitted to the Committee for its consideration. Noting the Government’s indication that, together with its social partners, it has collectively negotiated amendments of the Labour Law and that it strongly hopes that the newly drafted Labour Law that is expected to be approved by the Parliament also addresses the core concerns of the Committee on Freedom of Association, the Committee requests the Government to specify which social partners were consulted on the draft amendments and to provide a copy of the newly drafted Labour Bill. It once again urges the Government to indicate any progress made in adopting amendments to the Labour Law so as to allow for trade union pluralism and expects the Government to give this matter the highest priority and to ensure the de facto recognition of the SVATH without further delay pending the introduction of the legislative reforms. The Committee once again takes due note of the Government’s indication of its requests for technical assistance and training and expects that the Government will not place any restrictions on missions aimed at improving respect for the fundamental principles of freedom of association and that they will be able to meet with all parties concerned in the cases against the Government of the Islamic Republic of Iran, including with those who continue to be detained contrary to the Committee’s repeated recommendations.
5. 590. The Committee notes the Government’s indication that the Code of Practice on the Administration of Labour Demonstrations and Assemblies was finally approved by the National Security Council on 14 November 2011 and has been communicated on 3 March 2012 to all general directors of labour department throughout the country. According to the Government, the Code encapsulates seven articles and, among other things, recognizes the right and freedom of workers for holding assemblies and demonstrations and industrial actions, as also provided for in the Constitution. The Committee requests the Government to provide a copy of the Code of Practice.
6. 591. While noting that the Government has once again failed to provide specific information with regard to the following recommendations, the Committee further recalls them, as summarized below, and urges the Government to provide full information on their implementation:
   • – The Committee requests the Government to transmit a detailed report of the findings of the State General Inspection Organization (SGIO) and the Headquarters for the Protection of Human Rights into the allegations of workplace harassment during the period of the union’s founding, from March to June 2005, as soon as they are produced. It once again requests the Government, in the light of the information revealed by these investigations, to take the necessary measures to ensure that all employees at the company are effectively protected against any form of discrimination related to their trade union membership or their trade union activities.
   • – The Committee once again requests the Government to immediately institute a full and independent judicial inquiry into the attacks on union meetings in May and June 2005, in order to clarify the facts, determine responsibilities, prosecute and punish those responsible and thus prevent the repetition of such acts. The Committee requests the Government to keep it informed of developments in this regard, as well as to provide a copy of the court’s judgment in the action initiated by the union concerning these attacks once it is handed down.
7. 592. Finally the Committee, noting the Government’s indication that the protection of the rights of workers in their entirety including their right to organize and collective bargaining remains an uncompromising priority, but nevertheless observing that five years have elapsed since its first examination of this case, and noting furthermore the seriousness of the matters contained therein – in particular the yet unresolved grave violations of civil liberties against numerous trade unions leaders and members – once again calls the Governing Body’s special attention to the extremely grave situation relating to the trade union climate in the Islamic Republic of Iran.