Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Iran (Islamic Republic of) (Ratification: 1964)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2010 and the resulting conclusions of the Conference Committee. The Committee also notes the observations of Education International (EI) of 31 August 2010, which have been forwarded to the Government, regarding discrimination against regional ethnic groups, religious minorities and women with respect to access to employment and education, and the persecution and prosecution of teachers, students and unionists advocating for social justice and for equal rights. The Committee asks the Government to respond to the issues raised in EI’s communication.

The Committee notes that the Conference Committee, while acknowledging that certain advances appeared to have been made, expressed its continued concern that, despite the commitment that had been made by the Government in 2006 to bring all the relevant legislation and practice into line with the Convention by 2010, many outstanding issues raised by the Committee of Experts remained unanswered. The Conference Committee urged the Government to amend the discriminatory laws and regulations, to bring the practice into line with the Convention, and to promote public awareness of the right of women to pursue freely any job or profession, promoting the inclusion of women in the labour market and decent work for women. It also called on the Government to take decisive action to combat discrimination against ethnic and unrecognized religious minorities, in particular the Baha’i. The Committee notes that, although a report was provided by the Government in May 2010, no additional information has been received as specifically requested by the Conference Committee.

Legislative developments

The Committee notes the English translation of the Bill on Non‑discrimination in Employment and Education, which was provided by the Government. The Government indicates that this Bill has been submitted to the Commission of Social Affairs of the Cabinet of Ministers for further consideration. The Committee notes that, pursuant to section 1 of the Bill, all subjects of the Islamic Republic of Iran are to enjoy equal rights, and “colour, race, language, political or religious belief and the like, do not bestow or deprive them of any rights”. The provision goes on to provide more specifically for equal protection of the law in terms of access to jobs, employment and training opportunities, and to equal opportunities and treatment for all subjects, both men and women, given the prevailing circumstances and the national customs. It is then stated that any form of distinction, preference, differences and discrimination shall be forbidden in the following: access to education; access to technical and vocational training; access to jobs and employment opportunities, and similar working conditions for all nationals; and payment of wages, benefits, allowances and determination of working conditions. A definition of “discrimination” is provided in note 1 to the Bill, indicating that it “encompasses any unjustified exercise of distinction, exclusion, limitation, preference or privilege, which shall adversely affect or nullify equality of opportunity or treatment in occupation, employment, training or education”.

While recognizing the steps taken to adopt a specific law on non‑discrimination in employment and education, the Committee notes with concern that the Bill in its present form does not provide effective and comprehensive legal protection for all workers against discrimination in employment and occupation on the grounds enumerated in the Convention. The Committee notes that section 1 of the Bill summarizes general principles set out in the Constitution related to equal rights and equal protection of the law, and it is not clear whether the grounds enumerated in that context relate directly to the sentences that follow, which deal specifically with discrimination in occupation and employment. In addition, even if the grounds set out in section 1 of the Bill are intended to relate to non-discrimination in employment and occupation, the grounds of national extraction and social origin set out in Article 1(1)(a) of the Convention are not included. It is also not clear whether the law would apply only to nationals. The Committee notes further that the protection provided is subject to “prevailing circumstances and national customs”, which the Committee considers could allow a very broad scope for exemptions, which is not compatible with ensuring the fundamental right to equality and non-discrimination. The Committee also notes that note 3 of the Bill indicates that it is not to be deemed discrimination to define and categorize special jobs and occupations, to require conditions inherent to the job or special requirements for specified jobs, which appears to go beyond Article 1(2) of the Convention regarding inherent requirements of a particular job. The reference to legal and special measures or decisions regarding those in need of special support in note 5, should also be reconsidered in the light of Article 5 of the Convention, to ensure that special measures of protection and assistance are determined in consultation with representative employers’ and workers’ organizations, and do not reinforce discrimination and stereotypes, for example by limiting jobs women can do for reasons unrelated to maternity protection. The Committee notes that section 2 of the Bill provides for penalties, but does not indicate the avenue for obtaining effective redress for a violation of the right to non-discrimination. The Committee also notes that the Labour Law of 1990 is currently under review, and a specific objective of the review according to the Government is to bring the Law into conformity with international labour standards, including the Convention.

Noting that the Bill on Non-discrimination in Employment and Education has been submitted to the Commission of Social Affairs of the Cabinet of Ministers for further consideration, and that the Labour Law is also under review, the Committee urges the Government to ensure that effective and comprehensive legal protection for all workers, whether nationals or foreigners, against direct and indirect discrimination on all the grounds enumerated in the Convention is ensured, with respect to all aspects of employment and occupation. The Committee also requests the Government to review the procedures that would be available to bring a claim for a violation of the provisions related to discrimination, to ensure that they provide effective and accessible avenues for redress. Recalling its 2002 general observation, the Committee also asks the Government to consider including a specific provision in the Bill or the revised labour law aimed at preventing and addressing sexual harassment at work, both quid pro quo and hostile environment harassment. Noting that the information provided by the Government on complaints to the police seems to be limited to sexual assault, the Committee asks the Government to provide information on measures taken or envisaged to prevent and prohibit sexual harassment in employment and occupation, which may or may not amount to sexual assault.

National equality policy

The Committee notes the Government’s indication that the Minister of Labour and Social Affairs has presented a proposal to the Council of Ministers for the establishment of a national committee in order to guarantee the monitoring of the application of international labour standards, including this Convention. The Committee also notes the detailed information provided by the Government on the measures adopted by the judiciary to implement article 130 of the Fourth Economic, Social and Cultural Development Plan (Development Plan) empowering the judiciary to take measures towards the elimination of discrimination in the legal and judicial field. The Committee notes in particular the preparation of a range of bills, the public awareness raising, the courses for judges and lawyers, the joint project with the United Nations Development Programme (UNDP) on advancing human rights and social justice development, the establishment of a Committee for Women’s Legal Studies in the Judicial Branch, and the establishment of a commission to remove discrimination. The Government also provides information on the role of the judiciary in implementing the Charter of Citizenry Rights, including abolishing six circulars which were in conflict with citizens’ rights and establishing a committee to monitor the observance of citizens’ rights and to take any necessary measures to ensure the maintenance of such rights. With respect to article 101 of the Development Plan, the Government states that the national plan referred to has been developed, and includes taking steps to amend the Labour Law to bring it into conformity with the Convention. The Committee asks the Government to provide information on the progress in establishing the national committee on monitoring the application of international labour standards, and any reports or recommendations that have been issued by that committee, and any follow-up thereto. The Committee also requests the Government to continue to provide information on the measures taken by the judiciary with a view to the elimination of discrimination in the legal and judicial fields, including specific reference to any impact of these measures on non-discrimination in employment and occupation. The Committee again requests the Government to provide translated summaries of the evaluation reports prepared pursuant to article 157 of the Development Plan, and any other information on the implementation of the Development Plan in practice, and the results achieved with respect to furthering equality in employment and occupation. The Committee also requests the following:

(i)    information on whether any of the circulars abolished or any of the cases addressed by the Central Monitoring Board on Maintaining Citizens’ Rights related to discrimination in employment and occupation and, if so, the details thereof;

(ii)   a copy of the Charter of Citizenry Rights;

(iii)  a copy of the national plan adopted pursuant to article 101 of the Development Plan;

(iv)  a copy of the sample labour contracts prepared pursuant to the national plan;

(v)   as the period covered by the Fourth Economic, Social and Cultural Development Plan ends in 2010, information on any new development plan that has been adopted or is envisaged;

(vi)  a copy of the Family Support Bill which has replaced the Charter of Women’s Rights; and

(vii) copies of relevant judicial decisions.

Equal opportunity and treatment of men and women

The Committee notes that measures continue to be taken to improve women’s access to university and technical and vocational training and, in particular, welcomes the information provided by the Government on the number of women and men in the different fields of study and training, with women making up the majority of those in a number of training courses in non-traditional fields, such as auto mechanics, electronics, welding, metallurgy, management and industries, and civil engineering. With respect to the quota system in universities in 39 fields of study, the Committee notes the Government’s explanation that the quota was introduced to ensure gender balance in those fields. The Committee notes, however, from official statistics provided to the Office, that women’s labour market participation in 2008 was 14.9 per cent for those over 15 years, which was a decrease from 2007 (17.3 per cent ), and even lower than the level in 2005 (19.2 per cent). The Committee therefore continues to be concerned that progress achieved in women’s education and training is not being translated into increased women’s economic participation. The Committee requests the Government to reinforce its efforts to ensure that increased educational and technical qualifications translate into decent jobs for women, and to provide information on measures taken in this regard. Please also provide specific information on the quota system in universities and how it is applied in practice, including the specific fields targeted. The Committee asks the Government to continue to provide detailed statistics, disaggregated by sex, regarding participation in education, vocational training, and in the various sectors and occupations in employment.

The Committee notes the establishment in 2009 of the Socio-Cultural Council of Women with a mandate to make policy and to coordinate among various government institutions to promote women in education, law, public culture, social affairs, the economy, employment, international affairs and health. The Government also provides detailed information on women’s empowerment projects, the activities of the Women’s Entrepreneurship Association, the Association of Women Managers, and of the Centre for Women and Family Affairs. The Committee also notes that the Centre for Women’s Affairs of the President’s Office submitted a proposal to the Cabinet of Ministers in 2009 to amend the Labour Law with respect to family leave and to reduce the working hours of women. The Committee requests the Government to continue to provide information on women’s empowerment projects, the activities of the Women’s Entrepreneurship Association, the Association of Women Managers, and of the Centre for Women and Family Affairs and also to provide information on the following:

(i)    the progress achieved by the Socio-Cultural Council of Women to promote women in education and employment, including specific measures taken in this context;

(ii)   details of the contents of the bills on family leave and decreasing women’s working hours, as well as the bill on home-based jobs which was referred to by the Government in the Conference Committee;

(iii)  any follow-up to the recommendations of the study undertaken for the development of women and family affairs, including for the development of plans for women’s empowerment.

The Committee notes the Government’s reply to the concerns raised regarding the increasing number of women working in temporary jobs and contract employment where they are not covered by legal entitlements and conditions, including maternity protection. The Government acknowledges that there is a regulation exempting companies employing less than ten people from certain provisions of the Labour Law, including the section requiring pregnant women to be given light work, but that these companies are not exempted from the section providing for maternity leave. The Committee once again urges the Government to take the necessary measures to ensure that women in temporary and contract employment benefit from all the legal entitlements and facilities. The Committee requests the Government to provide a full list of the provisions of the Labour Law from which companies with less than ten employees are exempted, and a copy of the regulation.

On the issue of reconciling work and family responsibilities, and the measures that had been aimed solely at women, the Committee notes the Government’s indication that the law on the payment of stipends for those with large families has been amended to provide such payment to both men and women. The Committee requests the Government to provide more information on the amendment to the law on the payment of stipends, and to indicate whether it has been adopted. The Committee also requests information on any further measures taken to assist both men and women workers to balance work and family responsibilities, and to improve awareness of and access to protection and benefits aimed at balancing work and family responsibilities.

With respect to the concern raised in previous comments regarding the prevalence of discriminatory job advertisements, the Committee notes that the Government has undertaken an examination of job advertisements, which clearly indicates that a large number of advertisements call for only men or only women applicants. The Committee recalls that, unless being a man or a woman is an inherent requirement of the particular job, in the strict sense of the term, such a requirement is indeed discriminatory, and may be based on stereotyped assumptions of which jobs are considered “suitable” for women or men. The Committee requests the Government to take measures to prohibit discriminatory job advertisements and to ensure such prohibition is effectively enforced. Please provide detailed information on steps taken in this regard.

Discriminatory laws and regulations

The Committee, as well as the Conference Committee, has raised over a number of years the need to repeal or amend discriminatory laws and regulations. The Committee notes the Government’s indication that a committee was established in April 2010, consisting of representatives of the Ministry of Labour and Social Affairs, the Ministry of Justice and the President’s Office, mandated to identify all legal regulations that could be in conflict with the Convention, and to present them to the Council of Ministers within six months. The Committee asks the Government to provide information on the findings and recommendations of the committee reviewing the legal regulations that could be in conflict with the Convention and any steps taken by the Council of Ministers as a result.

With respect to section 1117 of the Civil Code, pursuant to which a husband can prevent his wife from taking up a job or profession, the Government once again states that, due to the existence of section 18 of the Family Protection Law, section 1117 is automatically repealed and courts are not authorized to hear complaints regarding section 1117. The Government clarifies that this is not related to the Family Support Bill. The Government provides information on proposals in 2006 and 2008 to amend the section, which were rejected by the Judicial Commission of Parliament as such amendment was not considered necessary. Recalling the concerns raised previously by this Committee and the Conference Committee that in the absence of an express repeal of section 1117, it would continue to have a negative impact on women’s employment opportunities, the Committee again urges the Government to take steps to repeal the provision and to promote public awareness of the right of women to pursue freely any job or profession, and indicate the concrete measures taken in this regard.

Regarding the discriminatory provisions in social security regulations that favour the husband over the wife in terms of pension and child benefits, the Committee notes the Government’s general indication that some proposals have been made by the Centre for Women and Family Affairs, and that an agreement has been approved between the Rehabilitation Organization and the Ministry of Welfare and Social Security covering 34,000 female heads of household. With respect to women in the judiciary, the Committee notes that a proposal has been put forward by the Centre for Women and Family Affairs to amend the 1982 law on the selection of judges, so that women could be appointed to positions as judges qualified to hand down judgements. On the obligatory dress code, the Government states that there is no specific regulation, but that observing the dress code is a national norm and, if determinations of administrative violations are made, they can be taken to a review board. The Government also states that no cases of complaints of dismissal for non-observance of the dress code have been received by the judicial or administrative bodies. Regarding the age limit for hiring women, the Government again states that the maximum age for employment is 40 years and a five-year extension is possible exceptionally in the civil service. The Government states that the age limit is due to some capabilities and conditions and is a necessity. The Committee again urges the Government to take measures to address any barriers, in law or in practice, to women being hired after the age of 30 or 40. The Committee asks the Government to provide information on the status of the various proposals concerning amendments to the laws and regulations raised previously by the Committee, including regarding social security and the role of women in the judiciary, as well as details on the agreement covering 34,000 female heads of household, and on any cases of dismissal or discipline due to non-observance of the dress code.

Discrimination on the basis of religion and ethnicity

The Committee notes that this Committee and the Conference Committee have on a number of occasions highlighted the seriousness of the situation of unrecognized religious minorities, in particular the Baha’i, and the urgency of taking decisive action to combat discrimination against them. The Committee notes that the information provided by the Government is again limited to providing examples of companies owned by Baha’i, some cases addressed by the Human Rights Commission, and one specific case regarding the land rights of a Baha’i community. The Committee also notes that EI has expressed concern regarding the religious-based discrimination against the Baha’i in terms of access to education, universities, and to particular occupations in the public sector.

With respect to the practice of gozinesh, a selection procedure requiring prospective state officials and employees to demonstrate allegiance to the state religion, the Government states that two positions have been put forward regarding the Selection Law based on Religious and Ethical Standards, 1995: one group proposed that it be abolished, with selection decisions being solely based on qualifications; the second group proposed the amendment of some of the provisions of the Law. Both proposals were rejected, the first by a majority of members of Parliament, and the second by the Guardian Council. The Government states that the Law recognizes not only Islam but also the religions officially recognized in the Constitution. The Committee notes, however, that unrecognized religious minorities remain subject to the practice of gozinesh.

The Committee notes with deep regret that the Government has not taken action along the lines called for by this Committee and the Conference Committee over a number of years to address the very serious situation of discrimination against religious minorities, in particular the Baha’i. The Committee, therefore, urges the Government to take decisive action to combat discrimination and stereotypical attitudes, through actively promoting respect and tolerance for religious minorities, including the Baha’i, to repeal all discriminatory legal provisions, including regarding gozinesh, and withdraw all discriminatory circulars and other government communications. The Government should also ensure that authorities and the public are informed that discrimination against religious minorities, in particular the Baha’i, is unacceptable, including in education, training, employment and occupation, and provide specific information on the concrete measures taken in this respect.

The Committee notes the information provided by the Government regarding the number of management positions filled by those belonging to ethnic minorities in selected provinces. The Committee also notes the concerns raised by the United Nations Committee on the Elimination of Racial Discrimination (CERD) regarding the double discrimination faced by women of minority origin, and the discrimination faced by, among others, Arab, Azeri, Balochi and Kurdish communities in a number of areas, including employment (CERD/C/IRN/CO/18–19, 27 August 2010, paragraphs 9 and 15). The Committee notes further that EI indicates that regional ethnic groups are poorer, less educated, less represented in decision-making, and have less employment, and that the failure to provide all ethnic groups with access to quality education results in discrimination in accessing decent jobs. EI refers specifically to the Balochs, southern Azerbaijanis, Ahwaz, Turkmen and Kurds. The Committee asks the Government to provide detailed information on the education and employment situation of ethnic minority groups, disaggregated by sex, in both the public and private sectors, and at the various levels of responsibility. The Committee requests the Government to take concrete measures to ensure equal access and opportunities to education, vocational training, employment and occupation for members of these groups.

Dispute settlement and human rights mechanisms

The Committee notes that some information has been provided on the number of cases dealt with by the Islamic Human Rights Commission and the general nature of those cases. However, the information on cases addressed by other bodies is too general for the Committee to assess whether the dispute settlement mechanisms to address discrimination in employment and occupation is effective. The Committee also notes the information provided on the measures adopted by the secretariat of the Central Monitoring Board to maintain citizen rights, including awareness raising, inspection processes and educational programmes. The Committee notes further the concerns raised by EI regarding discrimination in access to justice. The Committee requests the Government to provide more detailed information on the nature and number of complaints lodged with the various dispute settlement and human rights bodies and the courts which relate to discrimination in education, training, employment and occupation, including any sanctions imposed and remedies provided. The Committee also requests the Government to continue to provide information on the measures taken to raise awareness of the existence and mandate of the various dispute settlement and human rights bodies, and to ensure the accessibility of the procedures to all groups. Please also provide information on any progress made in the establishment of specific courts to address religious discrimination and councils of dispute settlement for religious minorities, which are referred to in the Government’s report.

Social dialogue

The Committee previously raised concerns that, in the context of the freedom of association crisis in the country, meaningful national-level social dialogue regarding issues related to the implementation of the Convention would not be possible. The Committee notes that the Conference Committee urged the Government to accept a high-level mission which would address freedom of association principles as well as the implementation of the Convention. The Committee once again urges the Government to make every effort to establish constructive dialogue with the social partners to address the continuing gaps in law and practice in the implementation of the Convention. The Committee also asks the Government to provide information on any developments regarding the mission referred to by the Conference Committee.