Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee has taken note of the discussion in the Conference Committee in 1990 and of the information provided by the Government in its report for the period ending 30 June 1990. It has also noted the information contained in the reports on the human rights situation in the Islamic Republic of Iran prepared by the Special Representative of the United Nations Commission on Human Rights (UN documents A/45/697 of 6 November 1990 and E/CN.4/1991/35 of 13 February 1991) and in the report on implementation of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief presented by the Special Rapporteur appointed by the Commission on Human Rights (UN document E/CN.4/1991/56 of 18 January 1991).

2. The Committee notes that the Government representative to the Conference Committee in 1990 stressed examples of recent positive developments, in particular that as a result of the 1989 directive issued by the Prime Minister concerning official government policy on minority groups, 500 of those concerned took part in university entrance examinations. In addition, the directive was brought to the attention of all relevant conciliation and arbitration bodies dealing with labour relations disputes. The Government finally pointed out that the first five-year development plan, which was already operational and which has been endorsed by legislative measures, aims at ensuring, as an overall policy, social justice and legal security, namely ensuring the equality of all persons before the law and the protection of legitimate individual and social rights. The plan also mentions further participation of women in social, cultural, educational and economic affairs. In addition, the Committee notes that the Government's report refers in particular to various provisions of the new Labour Law (section 6 on equality of rights; sections 75 to 84 on the employment of women and children; sections 107 and 108 on vocational training), the text of which has just been received and which will be examined, once translated, by the Committee at its next session. The Government's report also refers to the directive of the Prime Minister No. M/11/4462 of 1989 and to the Minister of Labour's Circular No. FM/9/2161 of 1989 which disseminates the directive. Lastly, the Government states that the right to social security is guaranteed to the whole population and Baha'is are beneficiaries of the 1976 Social Security Law on an equal basis without any restriction based on their belief.

3. The Committee refers to the above-mentioned reports presented to the United Nations bodies and to the questions raised therein of relevance to the field covered by Convention No. 111, particularly as regards the situation of Baha'is. According to these reports:

(a) Baha'is expelled from government posts have not been able to obtain reinstatement, and new revocations took place in 1989 and 1990;

(b) ranchers and farmers who profess the Baha'i faith continue to be denied admission to agricultural co-operatives;

(c) those Baha'is who retired before the Revolution and are over 60 years are able to draw pensions if they have paid social security contributions for at least ten years, but those who retired or lost their jobs during the past ten years are not able to receive pensions. In some cases Baha'is have been required to repay government pensions as well as salary received while they were in government service;

(d) since 1988, Baha'is have been admitted to primary and secondary schools although some recent refusals of admission have been reported, but they are generally still refused admission to universities;

(e) several shops belonging to Baha'i shopkeepers have been closed and work permits have been refused or withdrawn.

4. The Committee refers to the Prime Minister's Directive No. M/11/4462, the terms of which it had noted with interest in 1990. It recalls that the directive forbids denying citizens, whatever their belief, their social and legal rights if they have not been recognised as spies by the competent authorities or if they have not been condemned to a sentence depriving them of their rights. The Committee again asks the Government to supply further information on the precise effect of the directive in relation to equality of opportunity and treatment in employment and occupation, irrespective of religion, in the light of the reference in the directive to article 13 of the Constitution according to which Iranians belonging to the Zoroastrian, Christian and Jewish religions are the only recognised religious minorities.

5. The Committee would also appreciate information already requested in 1990 on the measures taken to give effect to the above-mentioned directive, particularly as regards equality of opportunity and treatment of Baha'is with respect to:

- access to employment, both in the private sector and in the public service (including the opportunities afforded for reinstatement of those previously dismissed from government service);

- access to education and training at all levels, including higher education;

- conditions of employment;

- pensions and other social security rights;

- the operation of shops, the pursuit of peasant farming, and the exercise of other independent occupations.

6. The Committee would also appreciate information on the effect of Directive No. M/11/4462 of 1989 on the position of persons not professing any faith.

7. The Committee had previously noted a directive of the Ministry of Labour, published on 8 December 1981, requiring courts to withhold any judgement in favour of dismissed employees proved to have been members of the Baha'i group or of any organisation whose constitution and rules negated divine religions. The Government stated in the Conference Committee in 1988 that this directive was no longer in force. The Committee once more requests the Government to communicate the text which abrogated the directive.

8. The Committee recalls the Government's statement in its report for the period ending 30 June 1988 that, while questions concerning employment of persons belonging to Freemasonry had arisen in the early days of the Revolution, they no longer existed. The Committee once more requests the Government to indicate the measures taken to enable persons who were removed from office or dismissed on this ground to be reinstated.

9. The Committee recalls the Government's previous statement that women work as judges, in particular in family courts, and that recognised religious minorities, according to the Constitution, may present cases to courts in which the judges are of their own faith. It recalls, however, that according to an Act of 14 May 1982 to give effect to article 163 of the Constitution, judges must be chosen from among men who (inter alia) must profess the faith and enjoy religious authority (ijtihad) recognised by the Supreme Judicial Council. The Committee accordingly requests the Government to indicate what other legislative provisions exist to authorise the appointment of women as judges and to provide for the hearing of claims by members of recognised religious minorities by judges of their own faith, and to communicate copies of the provisions in question. The Committee also once more requests information on the number and positions of women and members of religious minorities who exercise judicial functions.

10. The Committee recalls that the Act on Islamic Labour Councils of 1985 provided for the establishment of such councils in industrial, agricultural and service undertakings employing more than 35 workers. The functions of these councils include advice on matters of vocational training, promotions, dismissals, wage rates, criteria for allocation of housing, etc. Under section 2 of the Act, candidates for election to the councils must be practising Muslims, followers of the "Velayat Faghig", or members of the Jewish, Christian or Zoroastrian minorities. The Committee would appreciate information on:

(a) the reasons for excluding persons who do not meet the above-mentioned criteria from eligibility to the councils;

(b) the practical effect of requiring Muslim candidates to be followers of the "Velayat Faghig" and the reasons for this requirement;

(c) whether restrictions similar to those stated in section 2 apply to other aspects of industrial relations and employment and occupation (if so, please supply the relevant texts).

11. In its 1988 General Survey on Equality in Employment and Occupation (paragraphs 15, 157 and 170), the Committee stressed the positive nature of the steps to be taken in pursuance of the national policy provided for in Articles 2 and 3 of the Convention and the need to supply full particulars of the action taken. The Committee refers to the Government's indications concerning vocational training and the further participation of women in various activities (see paragraph 2 above). It requests the Government to furnish detailed information on the action taken with a view to promoting equality of opportunity and treatment in respect of employment and occupation and eliminating discrimination, particularly on the basis of sex, religion, political opinion, national extraction or social origin, and on the results achieved.

The Committee also requests the Government to provide information on restrictions on the employment of women, including copies of the legislative texts regulating this matter.