Rapport intérimaire - Rapport No. 407, Juin 2024

Cas no 2508 (Iran (République islamique d')) - Date de la plainte: 25-JUIL.-06 - Actif

Allegations: The complainants denounce acts of repression against the local trade union at a city bus company, as well as the arrest and detention of large numbers of trade unionists

1. 250. The Committee last examined this case (submitted in 2006) at its June 2023 meeting, when it presented an interim report to the Governing Body [see 403rd Report, approved by the Governing Body at its 348th Session, paras 278–304].
2. 251. The International Trade Union Confederation (ITUC) sent additional information in a communication dated 9 February 2024.
3. 252. The Government forwarded its observations in a communication dated 13 September 2023.
4. 253. The Islamic Republic of Iran has not ratified the Freedom of Association and 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. 254. At its June 2023 meeting, the Committee made the following recommendations [see 403rd Report, para. 304]:
   • (a) The Committee expects that the process of ratification of Conventions Nos 98 and 144 will soon come to conclusion and requests the Government to keep it informed of developments in this regard.
   • (b) The Committee firmly expects that the processes of reviewing Chapter VI of the Labour Law; the by-law on establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations; and the guidelines and procedures concerning arts, media, and culture professional organizations will soon come to their conclusion, resulting in a legislative reform that will at last allow for union pluralism at all levels in the Islamic Republic of Iran. It requests the Government to keep it informed of any progress in this regard.
   • (c) The Committee once again urges the Government to ensure that the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH) can function without hindrance through its de facto recognition pending legislative reform, and by ensuring that its officials and members are not arrested, detained and prosecuted for legitimate trade union activities.
   • (d) The Committee firmly urges the Government to ensure the immediate release of Messrs Shahabi and Saeedi, should their conviction be related to their trade union activities. It further firmly urges the Government to take the necessary measures to ensure that Ms Kohler and Mr Paris are immediately released and to guarantee their safe return to their country and to keep it informed of the measures taken in this regard.
   • (e) The Committee requests the Government to refrain from having recourse to broad and persistent surveillance of trade unionists’ communications and meetings and to also refrain from prosecuting and sentencing trade unionists for having used methods and technics of avoiding surveillance or for having provided training or technical assistance to other trade unionists in this regard.
   • (f) The Committee recalls the importance it attaches to the 1970 Resolution concerning Trade Union Rights and Their Relation to Civil Liberties and draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. Additional information from the complainant

1. 255. In a communication dated 9 February 2024, the ITUC expresses deep concern that protection of and respect for civil liberties and fundamental human and labour rights is deteriorating in Iran and workers and trade unionists who have exercised their civil liberties including freedom of expression and assembly are facing persecution and heavy prison sentences. The ITUC states that Ms Cécile Kohler and Mr Jacques Paris, two teacher members of Force Ouvrière France, remain in detention since their unlawful arrest on the night of 7 May 2022. According to the ITUC, they are detained incommunicado, without a trial and without access to freely chosen lawyers and consular assistance, except for only two consular visits since May 2022 of a total duration of 30 minutes. The couple do not have the possibility to communicate freely and in good conditions with their families. The complainant alleges that these deplorable conditions of detention, including full isolation, amount to torture. Their situation constitutes a grave violation of civil liberties essential to the normal exercise of trade union rights, including the right to freedom and security of person, freedom from arbitrary arrest and detention, freedom of opinion and expression and freedom to seek, receive and impart information and ideas through any media and regardless of frontiers, freedom of assembly and the right to a fair trial by an independent and impartial tribunal.

C. The Government’s reply

1. 256. In its communication of 13 September 2023, the Government indicates the amendment to chapter 6 of the Labour Law has been the subject of regular meetings of an expert working group, and it has been agreed to develop a draft in collaboration with the most representative workers’ and employers’ organizations. The Government does not indicate any new developments concerning the revision of the “By-law on establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations”, but indicates that, in close interaction with social partners, policy and implementation measures were taken to further develop such organizations. Within the construction sector, more than 350 organizations were established and registered in the four years preceding the Government communication. In the framework of the review of Chapter VI of the Labour Law, it is intended to extend the right to establish organizations to self-employed workers who are currently not covered by the law. The Government also reports that it intends to take measures to promote greater female participation in workers’ and employers’ organizations and in this regard provincial labour administrations were requested to promote women’s role in the decision-making process in organizations, encouraging their membership in boards of directors or their assuming the function of the inspector. The provincial departments were also asked to register and notify to the Ministry of Labour any breaches of law or complaints concerning establishment or activity of workers’ and employers’ organizations. Concerning the guidelines and procedures concerning arts, media, and culture professional organizations, the Government indicates that it is seeking to bring those in line with domestic laws and regulations and international labour standards through partnership between the stakeholders’ representatives and competent authorities.
2. 257. Regarding the ratification of Convention No. 98 and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Government reiterates that the bills are on the agenda of the competent parliamentary committee. Regarding Convention No. 87, it indicates that it has taken measures to remove implementation barriers and ensure compatibility of domestic regulations and to develop appropriate mechanisms to ensure maximum participation of workers’ and employers’ organizations.
3. 258. Regarding the situation of the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH), the Government reiterates that the fact that more than 15,000 workers’ and employers’ organizations were established and operated in various sectors in the country, shows that there are no obstacles impeding the establishment of the SVATH in conformity with the currently applicable laws and regulations. According to the Government, any application for establishment and registration will be reviewed in accordance with the law.
4. 259. Regarding the situation of Mr Reza Shahabi and Mr Hassan Saeedi, the Government indicates that they have had a fair trial in compliance with all laws and regulations. They have had the right to appeal and presumption of innocence, their charges were heard and dealt with by several judges, and their access to their chosen attorney was guaranteed in accordance with international standards of a fair trial. While in prison, they have access to all legal services, including their chosen attorney, welfare and family visits and phone calls, as well as health and medical services inside and outside prison.
5. 260. Concerning the situation of Ms Kohler and Mr Paris, the Government indicates that they have been in provisional detention since 7 May 2022, they have been indicted and put on trial, but no verdict is delivered yet. The Government adds that during their detention both unionists received three consular visits and video calls with their families (Ms Kohler had eight calls and Mr Paris four calls); on 4 July 2023, two eyeglasses and the books provided by the French embassy were delivered to the couple. They are held in a three-person suite with fridge and TV and also have access to other facilities including walks in the open air, a shop where they can buy fruits and other articles, and medical and healthcare services.

D. The Committee’s conclusions

1. 261. The Committee recalls that this case, lodged in 2006, concerns acts of repression against the SVATH, as well as the arrest, detention and condemnation of large numbers of trade union members and officials, and the inadequate legislative framework for the protection of freedom of association.
2. 262. The Committee notes with deep concern the additional information submitted by the ITUC concerning the continued provisional detention of Ms Cécile Kohler and Mr Jacques Paris since 7 May 2022, which has by now lasted for about two years. The Committee recalls in this respect that according to the previous indications of the Government, the couple were charged with the crime of “assembly and collusion with the intention of committing crime against the security of the State”, which carries a punishment of two to five years imprisonment, for having provided training to the members of Iranian teachers’ unions on methods of organizing, on holding strikes and protests, and on methods of safe contacts and communications avoiding surveillance by intelligence services. The Committee further recalls that it had noted in its previous examination of this case, that the acts attributed by the Government to Ms Kohler and Mr Paris fall within legitimate trade union activities for which no one should be arrested, detained, prosecuted or sentenced and had firmly urged the Government to ensure that they are immediately released and to guarantee their safe return to their country. The Committee notes that in its communication dated 13 September 2023, the Government briefly indicates that the two trade unionists were put to trial, but that no verdict was delivered on their case. The Committee deeply regrets that no further information was provided by the Government concerning the nature of the trial and the due process guarantees ensured to these two trade unionists, including those rights set forth in the United Nations International Covenant on Civil and Political Rights and in particular: to be informed promptly and in detail in a language which he/she understands of the nature and cause of the charge against him/her; to have adequate time and facilities for the preparation of his/her defence and to communicate with counsel of his/her own choosing; to be tried without undue delay; and to have the free assistance of an interpreter if he/she cannot understand or speak the language used in court. The Committee is especially concerned that given the Government’s own admission that the two unionists have only received three consular visits over the nearly two years in detention, it would be appear inconceivable that the above due process rights were assured. Recalling that “The detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular”, and that “Preventive detention should be limited to very short periods of time intended solely to facilitate the course of a judicial inquiry”, [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 123 and 140], the Committee notes with deep regret, that two years after their arrest, the “provisional” detention of Ms Kohler and Mr Paris continues with any trial purported to have taken place would appear to have occurred in the absence ofand the Government has not provided any information on the due process guarantees provided to these detainees. The Committee therefore once again urges the Government to ensure their immediate release and guarantee their safe return to their country.
3. 263. Concerning the situation of Mr Shahabi and Mr Saeedi, members of the SVATH sentenced to six years imprisonment for having met with Ms Kohler and Mr Paris and participated in May Day demonstrations in 2022, the Committee notes with deep concern that according to the information provided by the Government, they continue to serve their sentence even though the Committee has observed that the Government has failed to show that their sentencing was in no way occasioned by their trade union activities. The Committee therefore once again urges the Government to immediately release them, should their conviction be related to their trade union activities.
4. 264. The Committee notes that the Government does not indicate any specific measure or significant progress in the process of reviewing Chapter VI of the Labour Law; the bylaw on the establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations (the bylaw); and the guidelines and procedures concerning arts, media, and culture professional organizations. The Committee recalls in this respect that throughout the examination of this case, it has noted that all these texts contain provisions restricting trade union pluralism and establishing union monopoly at various levels: note 4 of article 131, chapter VI of the Labour Law establishes union monopoly at the work unit level, and note 1 of the same provision, provides for one confederation of associations of workers or employers at the provincial level and a single general confederation of associations of workers or employers at the national level. Article 15 of the bylaw, which governs the procedure of establishment and registration of workers’ and employers’ organizations provides that “registration of two homogeneous organizations (trade association or confederation) in a single occupation or industry in a common geographical zone is not permitted” [see 396th Report, paras 442–443]. The Committee had also noted that the same pattern was reproduced in the regulatory texts concerning organizations in arts, media, and culture-related occupations [see 396th Report, para. 445]. The Committee once again draws the attention of the Government to the point that, by significantly limiting their right to establish and join organizations of their own choosing, the above-mentioned legislative and regulatory provisions unduly restrict the freedom of association of workers and employers and again urges the Government to initiate expedite the process of reviewing Chapter VI of the Labour Law; the bylaw on the establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations; as well as the guidelines and procedures concerning arts, media, and culture professional organizations, with a view to repealing the provisions that impose trade union monopoly at any level and replacing them with rules that recognize the right of all workers and employers to establish and join organizations of their own choosing. It requests the Government to provide information on the steps taken in this respect and to communicate any draft drawn up or text adopted in the process.
5. 1. The Committee notes that the Government does not indicate any progress regarding the ratification of Conventions Nos 98 and 144 and requests the Government to provide updated information concerning the advancement of the ratification process and any obstacles hindering its conclusion.
6. 265. The Committee notes that it has not received full information and reiterates its previous request for information, as set out in its 403rd Report, paragraph 304(a).
7. 266. Concerning the Committee’s recommendation as to the de facto recognition of the SVATH pending legislative reform, the Committee notes that the Government reiterates that any application for registration of the SVATH will be examined in accordance with the applicable laws and regulations. The Committee recalls however, that note 4 of article 131 of the Labour Law provides that workers of every work unit can only have one of the three forms of representation: Islamic labour council, professional associations, or workers’ representatives. The Committee notes that considering that at the Tehran and Suburbs Bus Company an Islamic Labour Council is recognized and active, it seems that the current law would not allow the registration and de jure recognition of another organization representing the company’s workers, hence the Committee’s recommendation concerning the de facto recognition of the SVATH, which it is bound to reiterate.

The Committee’s recommendations

1. 267. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following:
   • (a) Noting that two years after their arrest, Ms Kohler and Mr Paris remain in provisional detention, the Committee again firmly urges the Government to ensure that they are immediately released and to guarantee their safe return to their country and to keep it informed of the measures taken in this regard. The Committee further firmly urges the Government to ensure the immediate release of Mr Shahabi and Mr Saeedi, should their conviction be related to their trade union activities.
   • (b) The Committee reiterates its previous request for information, as set out in its 403rd Report, paragraph 304(a). The Committee requests the Government to provide updated information concerning the advancement of the process of ratification of Conventions Nos 98 and 144 and any obstacles hindering its conclusion.
   • (c) The Committee again urges the Government to initiate expedite the process of reviewing Chapter VI of the Labour Law; the bylaw on establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations; and the guidelines and procedures concerning arts, media, and culture professional organizations, with a view to repealing the provisions that impose trade union monopoly at any level and replacing them with provisions that recognize the right of all workers, to establish and join organizations of their own choosing. It requests the Government to provide information on the steps taken in this respect and to communicate any draft drawn up or text adopted in the process.
   • (d) The Committee once again urges the Government to ensure that the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH) can function without hindrance through its de facto recognition pending legislative reform, and by ensuring that its officials and members are not arrested, detained and prosecuted for legitimate trade union activities.
   • (e) The Committee recalls the importance it attaches to the 1970 Resolution concerning Trade Union Rights and Their Relation to Civil Liberties and draws the Governing Body’s attention to the serious and urgent nature of this case.