Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's report and the attached statistics and information received during its session. The Committee also recalls the discussion of the Conference Committee on the Application of Standards in 1997.

1. Discrimination on the basis of sex. The Committee notes that women's employment continues to increase in all sectors of the economy (1991: 733,000 women employed in salaried posts and 415,000 in non-wage employment; 1996: 948,000 in salaried posts and 730,000 in non-wage employment), with notable increases in the private sector wage and salary employment category (from 119,000 in 1991 to 250,000 in 1996), the non-wage employers' category (from 10,000 in 1991 to 16,000 in 1996) and the non-wage family worker category (from 148,000 in 1991 to 367,000 in 1996). The Government indicates in its report that this increase is due largely to the implementation of a dual policy of enhancing equal opportunity for women, with a focus on efforts made to increase female participation rates in education, and promoting the role of women in society. In this respect, the Committee notes from the Government's report that the percentage of women enrolled at cycle (pre-high school) level education in 1996 was 25.9 per cent as compared to 18.9 per cent in 1986, in high school 19.3 per cent in 1996 as compared to 9.9 per cent in 1986, and in higher education 4.3 per cent in 1996 as compared to 1.2 per cent in 1986. It also notes the Government's indication that, in some subject areas in higher education, the number of female graduates will outnumber male graduates in the future (for example, in 1986 about 49 per cent of graduates in medical sciences were female, while the ratio increased to 53 per cent in 1996 and is expected to increase to 60 per cent in the future). It also notes the additional information provided by the Government concerning the results of the 1998 National University Entrance Examination which indicate that the number of female entrants to higher education is larger in 1998 than the number of males (66,756 males compared to 72,681 females, with females outnumbering males in the experimental and human sciences and arts, and males outnumbering females in technical sciences and mathematics). The Committee notes that some progress has been made in increasing female participation both in employment and education. However, it notes that female participation remains generally very low in higher education. It would be grateful if the Government would continue to provide information on the policies, programmes and other measures taken to further progress in women's access to education, employment and occupational opportunities. The Committee also requests the Government to continue to provide information on the number of women appointed to the judiciary.

2. The Committee has previously referred to the obligatory dress code for female public servants, and sanctions, including the possibility of physical punishment, for violation of the 1987 Act on Administrative Infringements under sections 10 and 13. It notes the Government's reply that the dress code for civil servants is not discriminatory since there is a dress code for men as well as for women. The Government also indicates that no law or regulation, including the Act on Administrative Infringements, contains provisions that prescribe physical punishment for non-observance of proper dress. Rather, according to the Government, violations of the dress code are addressed through section 9 on administrative sanctions of the Act on Administrative Infringements and that the usual form is through registered or non-registered notification to the employee or other administrative sanction. Noting that other administrative action taken pursuant to section 9 could include termination of employment, the Committee requests the Government to provide information on the practical application of sanctions imposed for violation of the dress code under section 9. The Committee would also be grateful if the Government would provide a complete copy of the Act on Administrative Infringements and the practical application of sections 9, 10 and 13.

3. The Committee notes that the Government's report does not contain any information on the application of section 1117 of the Civil Code (under which a husband may bring a court action to object to his wife taking up a profession or job contrary to the interest of the family or to his wife's or own prestige), and the 1975 Act on the Protection of the Family which extends to wives as well as husbands the right to object to the employment of the spouse. The Committee therefore again requests the Government to inform it of developments regarding the revision of section 1117, and to supply information on any cases in which either spouse uses this particular provision to limit the job opportunities of the other spouse.

4. Discrimination on the basis of religion. The Committee recalls that it has earlier concluded that, on the basis of the information supplied by the Government, it appeared that, for the recognized religious minorities (Christians, Jews, Zoroastrians), efforts had been made to improve the employment situation. The Committee notes that, in its present report, the Government states that the employment situation of members of the religious minorities is better than the national average, indicating that while the national unemployment rate in 1996 was 9.09 per cent, the unemployment rate for Christians was 7.54 per cent, 9.08 per cent for Jews and 8.60 per cent for Zoroastrians. These figures appear to confirm that efforts are being made to allow for the improvement of the employment situation of members of the recognized religious minorities. The Committee requests the Government to continue to provide information in this regard, especially information on the representation of members of the religious minorities in the different sectors of activity and on the measures taken to prohibit discrimination on the basis of religion in employment and occupation.

5. The Committee recalls however, that in his Report on the situation of human rights in the Islamic Republic of Iran (United Nations Document E/CN.4/1998/59 of 28 January 1998), the Special Representative of the United Nations Commission on Human Rights states that reports of cases in which the human rights of Baha'is have been breached and of situations of discrimination and even of persecution, including, inter alia, refusal of entry to universities and dismissal from employment, continued to be received. It also notes that the Commission on Human Rights expressed its concern in its resolution 1998/80 of 22 April 1998 at continuing grave violations of the human rights of the Baha'is, as well as discrimination against members of other religious minorities, including Christians, despite constitutional guarantees.

6. With reference to its previous comments and the discussions in the 1997 Conference Committee, the Committee notes with interest the 50-page annex to the Government's report containing examples of job advertisements, none of which appear to contain religious requirements. It notes the Government's statement that, over time, job offers, vacancy announcements and student placement announcements have tended to become simpler in format and more uniform, indicating necessary qualifications by incorporating criteria on relevant education, level of education or past experience that cannot be interpreted as discriminatory. With reference to the criteria contained in the notices, the Committee refers the Government to paragraph 26 of its Special Survey of 1996 on equality in employment and occupation which deals with indirect discrimination. In this respect, it notes that the application of the same criteria to everyone, as a certain job requirement, could result in a disproportionate impact on some persons, when certain categories of persons do not have equal access to education necessary to obtain the job requirement in question, on grounds of, such as, religion, which in itself would constitute a form of direct discrimination. The Committee thus requests the Government to continue to supply information concerning job offers, including information on any judicial findings regarding discrimination on religious grounds in relation to access to employment.

7. The Committee recalls that workers have three options when seeking representation: they can establish trade unions, elect workers' representatives or establish Islamic Labour Councils. It also recalls that, according to the 1996 statistics in a previous Government report, this free choice had led to the establishment of 112 workers' organizations, 1,277 Islamic Labour Councils, and the appointment of 537 workers' representatives. Noting the Government's previous comment that members of the recognized religious minorities could belong to Islamic Labour Councils and its indication that groups not recognized as religious minorities in the Constitution enjoy all the constitutional rights guaranteed to other citizens, the Committee requests the Government to continue to provide information on the number of different workers' representation mechanisms established as well as the number of Baha'i participating in these different mechanisms.

8. The Committee also notes the Government's renewed statement that, although Baha'is enjoy equal legal protection against discrimination, the declared intentions of the group, and their specific past and present activities, have made it difficult to provide unlimited access to employment in public institutions. It notes the Government's statement that Bahaism is not a religion and is not functioning as a religion, and that this question should not be dealt with under the rubric of religion. The Government reasserts that the officially recognized religions in the country are Islam, Christianity, Judaism and Zoroastrianism. It states further that the rights of citizens, including the right to employment, are universal and are for all citizens, and that not being a member of a recognized religion does not deprive any individual from enjoying his or her rights as a citizen.

9. With reference to Article 4 of the Convention, the Committee recalls its 1989 observation wherein it considered that in the Islamic Republic of Iran the exclusion of the Baha'i from employment in the public sector was based on adoption by the Baha'i of, and holding to, a faith which is not recognized under articles 12 and 13 of the Constitution. The Committee recalls its General Survey of 1988 on equality in employment and occupation where it noted that in some countries, the constitutional provisions authorize the practice of a number of religions, which are referred to by name, which could be interpreted as a prohibition on believing or practising a religion, the exercise of which is not guaranteed by the Constitution, or as a prohibition of atheism. It notes the Government's position that the Baha'i is not a religion and is not functioning as a religion. However, it notes also that Baha'i is generally considered to be a religion by those persons professing it. Further, outside the country it has been qualified as such in examinations by the United Nations and other international organizations, and that the Committee has no basis for concluding otherwise. Noting that the Government's report does not contain information concerning the general employment situation of the Baha'i nor details concerning their employment in public service posts where particular religious beliefs are not inherent requirements of the job to be done, the Committee, with reference to paragraph 41 of its Special Survey of 1996 on employment and occupation, again requests the Government to provide such information.

10. The Committee notes the Government's indication that it has taken note of the proposal to invite a direct contacts mission. The Government states that it should be noted that it has been cooperating with the supervisory bodies of the ILO and expresses its determination to continue to do so. The Committee also notes the Government's indication that it would welcome further ILO technical assistance, as well as ILO participation in joint activities that would lead to further improved application of the Convention. The Committee welcomes the fact that its dialogue with the Government has served to clarify a number of outstanding issues, and repeats its hope that the Government will consider favourably accepting a direct contacts mission so as to make available complete information on the situation of religious minorities and other identifiable groups in the country. It hopes that the Government will be in a position to respond positively to this suggestion, thus further reflecting the willingness it has shown in recent years to engage in a dialogue with the Committee.