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Abolition of Forced Labour Convention, 1957 (No. 105) - Iran (Islamic Republic of) (RATIFICATION: 1959)

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Article 1(a) of the Convention. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social, or economic system. The Committee notes from the report of the United Nations Secretary General issued on 31 August 2022 on the situation of human rights in Iran, that labour rights defenders have been arrested and detained on the charge of “propaganda against the system” in the context of protests demanding labour and social security rights (A/HRC/50/19, paragraph 45). It also notes that, in his report of 18 July 2022, the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran referred to the arrest and conviction of three students on charges of acting against national security, assembly and collusion against the system and propaganda against the system. The Special Rapporteur also raised his concern over the situation of three lawyers in Fars Province, who represented civil and political activists, and a journalist who were all sentenced to imprisonment for “assembly and collusion to act against national security” and “spreading propaganda against the State” as well as over a pattern of returning previously released journalists to prison (A/77/181, paragraphs 53 and 56).

The Committee observes in this respect that Book five of the Penal Code of Iran includes as Ta’zir crimes (according to section 18 of Book one of the Penal Code, Ta’zir crimes are those determined by law for prohibited acts under Sharia or violation of State rules, which are punishable by imprisonment) the following:

–section 498: Anyone, with any ideology, who establishes or directs a group, society, or branch, inside or outside the country, with any name or title, that constitutes more than two individuals and aims to perturb the security of the country, if not considered as mohareb (encouraging combatants or those in the military force to rebel) shall be sentenced to two to ten-years’ imprisonment.
–section 499: Anyone who joins, as a member, any of the groups, societies, or branches mentioned under section 498, shall be sentenced to three months to five-years’ imprisonment.
–section 500: Anyone who engages in any type of propaganda against the Islamic Republic of Iran or in support of opposition groups and associations, shall be sentenced to three months to one year of imprisonment.

The Committee further observes that pursuant to section 23(j) of Book 1 of the Penal Code, a Court can sentence a person who has been convicted for the commission of Ta’zir crimes to the complementary punishment of public service work in addition to the main punishment. The complementary penalty of public service work is distinct from the substitute penalty of unpaid public work provided for in section 64 of the Penal Code, which, pursuant to section 84, is based on the consent of the convicted person.

The Committee recalls in this respect that Article 1 (a) of the Convention protects persons who express political views or views ideologically opposed to the established political, economic, social, or economic system by establishing that in the context of these activities, they cannot be punished by sanctions involving an obligation to work. The range of activities which must be protected, under this provision, from punishment involving compulsory labour comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association, of assembly or to demonstrate, through which citizens seek to secure the dissemination and acceptance of their views. The Committee also points out that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles. Activities that aim to bring about fundamental changes in state institutions or the political or social order, are also covered by the Convention, as long as they do not resort to, or call for, violent means to these ends.

Therefore, the Committee requests the Government to take the necessary measures to review the provisions of section 500 of the Penal Code so as to ensure that persons who peacefully express political views or views ideologically opposed to the established political system are not punished with sanctions involving compulsory labour, including in the form of a complementary punishment. Furthermore, considering also the broad and vague wording of sections 498 and 499 of that Code, the Committee requests the Government to provide information on the application of these provisions in practice by the judiciary (prosecutions, convictions, sanctions imposed and facts giving rise to such legal proceedings). Please indicate in particular if national courts have sentenced persons to the complementary punishment of public service work and, in this case, indicate the criteria used by courts for the imposition of this additional punishment.

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The Committee notes the information provided by the Government in reply to its earlier comments.

1. In its previous direct request the Committee noted that, by virtue of article 21 of the Law on Islamic Penalties (No. 586/1370), orders for penal sanctions and conditions of imprisonment are subject to the provisions of the law on the instructions for criminal investigations and other laws and decrees on the topic. It requested the Government to supply copies of the laws and decrees governing conditions of imprisonment, referred to in article 21 of the Law on Islamic Penalties, in particular as regards prison labour.

The Committee notes the Government's indication in the report that the Law on the Instructions for Criminal Investigation does not include any provision for prison labour. Nevertheless, it would be grateful if the Government would supply, with its next report, copies of this law and other laws and decrees referred to in the above-mentioned article 21, which, according to the Government, were appended to the report, but in fact have never been received in the ILO.

2. The Committee notes the provision of article 4 of the Procedure for the enforcement of the definitive judgements of the dispute-finding and settlement bodies, of 2 May 1991, adopted by the Council of Ministers under section 166 of the Labour Code, according to which the procedure for the enforcement of the definitive judgements of the dispute-finding and settlement bodies will be subject to the enforcement rules and regulations of the Courts of Justice. The Committee would be grateful if the Government would supply, with its next report, copies of these rules and regulations, referred to in the above-mentioned article 4, in particular as regards the enforcement of the decisions concerning the settlement of collective labour disputes.

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The Committee has taken note of the Government's report received in 1995.

1. The Committee notes the Government's indication that protection against forced labour is guaranteed by a number of constitutional provisions as well as by the new Labour Code of 1990. The Committee notes with interest that, by virtue of section 6 of the Labour Code, under sections 43(4), 2(6) and 19, 20 and 28 of the Constitution of the Islamic Republic of Iran it is prohibited to force a person to perform work against his will or to exploit others, and that non-compliance with this provision is an offence which is subject to punishment with imprisonment for a term of 91 days to one year and to a fine of between 50 and 200 times the minimum daily wage, in addition to the payment of fair remuneration for work completed and compensation for damages.

2. The Committee notes that the Law on Islamic Penalties No. 586/1370 distinguishes between five types of penal sanctions: (1) the HADD punishment specified in the religious law; (2) retaliation; (3) compensation (diye); (4) discretionary punishment; and (5) imprisonment. By virtue of article 21 of the Law on Islamic Penalties orders for penal sanctions and conditions of imprisonment are subject to the provisions of the law on the instructions for criminal investigations and other laws and decrees on the topic.

The Committee requests the Government to supply copies of the law on the instructions for criminal investigations and the other laws and decrees governing conditions of imprisonment, in particular as regards prison labour.

3. The Committee asks the Government to provide copies of any regulations made under section 166 of the Labour Code concerning the settlement of collective labour disputes.

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The Committee notes the information supplied by the Government in its report. It notes in particular the adoption of the Islamic Penal Code, and will examine the text at its next session.

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The Committee notes the information supplies by the Government in reply to its previous request.

Noting the Government's indication that a copy of the new draft of the "Islamic Penal Code" which has recently been adopted for trial will be submitted after translation, the Committee looks forward to the Government's sending of this text.