Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee takes note of the Government's detailed report and of the documents attached to it. It also notes the discussion in the 1997 Conference Committee on the Application of Standards, which took note of the technical assistance mission to the country undertaken by the Office in April 1997.

2. The Conference Committee's discussion centred on the ongoing issues of sex and religious discrimination in employment and occupation, as well as that Committee's suggestion, made during its 1996 discussion, that the Government accept a direct contacts mission to examine all aspects of the outstanding questions. It also referred to recent comments concerning sex, religious and political discrimination in employment, presented by the World Confederation of Labour (WCL), to which the Government had replied, and by the International Confederation of Free Trade Unions (ICFTU), which had arrived during the Committee of Experts' previous session and thus had as yet received a reply. The Conference Committee took note of the explanations provided by the Government, inter alia, for not accepting the offer of a direct contacts mission and noted with concern that in spite of concrete initiatives and the time which had elapsed, violations of the provisions of this Convention subsisted. It stated that additional information was needed, in particular in the area of job offers and the criteria applied by the competent authorities to declare certain groups illegal. It strongly urged the Government to accept the direct contacts mission, in order to be able to register rapid and noticeable progress. It decided to place the case in a special paragraph of its report.

3. The Government states, in its report, that it was unfortunate that the Conference Committee was manipulated and misused as a forum for politically motivated and unfounded accusations. It explains the technical assistance received from the Office. First, given the importance of the involvement of the legislators in promoting the application of the Convention, members of the Parliamentary Labour and Social Affairs Commission had a three-day briefing session at ILO headquarters in January 1997. Second, the April 1997 national tripartite training seminar carried out by the Office in Tehran discussed a number of fundamental ILO Conventions, in particular Convention No. 111, followed by technical meetings to discuss the national mechanisms of implementation of the Labour Code, including the non-discrimination provisions, visits to other ministries and departments involved in promoting women and field visits to two of the largest factories in the greater Tehran area. Third, the International Institute for Labour Studies of the ILO offered an academic internship for research on the legal aspects of new developments in the field of fundamental workers' rights. Fourth, assistance was received for the translation of major ILO Conventions and documentation concerning them. The Government expresses its concern that this technical cooperation -- a new and appreciated element in its relationship with the supervisory system -- was ignored by the Conference Committee, especially as the Committee of Experts itself had noted the Government's approach of using technical assistance to overcome difficulties in applying the Convention.

4. Regarding the proposed direct contacts mission, the Government recalls that, last year, it explained that the situation did not call for such a mission in that the extensive information supplied in recent government reports had solved the problem of lack of information on which the suggestion of direct contacts had been based. It hopes that the Committee of Experts understands that technical assistance can better serve the objectives of the Convention in the present situation in which the Government is cooperating in the supply of information and in welcoming Office participation in promoting the application of the Convention.

5. The Government considers that the document attached to the ICFTU communication is a propaganda paper, full of distortion of facts, falsifications and fabricated quotations, and calls into question the tenets of one of the divine religions, namely Islam. The Government expresses surprise that the ICFTU, which is a highly credible international body, transmitted the document to the Office given the intentions of the sources behind that document. It nevertheless addresses the general allegations of discrimination in employment on the bases of sex, religion and political opinion by referring to the replies it gave in its previous report in relation to the WCL communication. As the issues raised by the ICFTU parallel the comments that have been made by the Committee for a number of years, the Committee examines them below, by subject-matter.

6. The Government describes the general context following the presidential election of May 1997, pointing out that the election campaign had involved discussion of subjects relevant to the Convention. President Khatami's platform included strengthening of institutions of civil society, the rule of law, popular participation and promotion of women's participation in political, economic and social activities. According to the Government, his large victory was a clear manifestation of the democratic choices the people are making. The Government states that there is a clear government policy on promoting equal opportunity and enhancement of the role of women; various committees and special advisory posts have been set up in all major government institutions with the aim of incorporating women in all government activities; over 60 women's non-governmental organizations are active in the country; and there is dynamic public debate on the rights, role and participation of women.

7. Discrimination on the basis of sex. The Committee notes from the Government's report that women's employment has continued to increase in all sectors of the economy, particularly in scientific and specialized occupations (1986: 508,000 women employed in salaried posts and 409,000 in non-wage employment; 1991: 723,000 in salaried posts and 414,000 in non-wage employment, according to the Iran Centre of Statistics). One reason for this, according to the Government, is its expansion of higher education facilities (1991: 469,098 women held university degrees; 1996: 888,180). The National Report to the Fourth World Conference on Women (Beijing, 1995; copy supplied in English) shows that, of the economically active female population in 1976, 13 per cent were employed in professional, technical and scientific or research jobs, which grew to 32.8 per cent in 1986 and 39.7 per cent in 1991. Women's employment by economic sector has increased in services and declined in agriculture and industry. Women's employment in the public sector doubled between 1981 and 1991, with the Ministries of Health and Education being the largest employers of women. The number of women in management and decision-making positions is also on the rise: for example, two women have been appointed to the posts of Vice-President and Advisor to the President respectively; several women hold senior public administration posts as Deputy Ministers and Directors-General; and many women are members of academia and heads of university departments. Of particular interest is the number of women in the judiciary: 3,154 in 1996, with several women sitting as judges (Judges of Investigations, Head of the Judiciary Branch, Deputy Heads of District or Provincial Judiciaries) following the implementation of the 1995 Act on Appointments to the Judiciary already noted by the Committee. There are 185 women attorneys. The Government supplies numerous press clippings attesting to the publicity given within the country to these women's appointments.

8. The Government also describes the activities and results obtained by the Bureau for Women's Affairs of the Office of the President. These include, among others: the creation of a Commission on the Employment of Women (composed of representatives of the Ministries of Labour, Industry, Agriculture, Cooperatives, Construction and the State Administrations of Plan and Budget, Administrative and Recruitment Policy, Social Security, Welfare and Handicraft Industries); formulation of the National Plan of Action for Women (copy supplied in Farsi); preparation of the National Report on Women presented to the Fourth World Conference on Women; support for the establishment of rural women's cooperatives; guidance and assistance to women facing unemployment problems and inadequate capital resources for self-employment; publishing and disseminating a booklet publicizing income-generating activities of women and statistical data on the social and economic situation of women. The Government repeats the comment made in its previous report that the Office might contribute to this work with advisory missions. The Government also supplies a copy (in English) of the progress report on the implementation of the Beijing Declaration and Platform for Action (March 1997).

9. With reference to the ICFTU's comments on section 1117 of the Civil Code, the Committee notes that the Government repeats that section 1117 (a husband may bring a court action to object to his wife taking up a profession or job contrary to the interests of the family or to his wife's or his own prestige), which dates back to 1928, should be read in the light of the more recent 1975 Act on the Protection of the Family, which extends this right to object to the employment to wives as well as husbands (sections 8 and 18(7), copies supplied in Farsi). Since this right to object is available to both spouses irrespective of sex, the Government states that it is non-discriminatory. The Committee asks the Government to inform it in future reports of developments regarding the revision of section 1117, and to supply information on any cases where a husband uses this particular provision to limit the job opportunities of his wife and vice versa.

10. The ICFTU communication also refers to the obligatory dress code for female public servants -- and not males -- violation of which is punishable, under sections 10 and 13 of the 1987 Act relating to administrative infringements, by administrative sanctions ranging from warnings to termination of the public employment, with the possibility of criminal sanctions including physical punishment at the discretion of the competent tribunals. The Government's report does not comment directly on this question. The Committee recalls paragraphs 42 and 186 of its 1996 Special Survey on equality in employment and occupation where it discussed the balance that needs to be struck between freedom to observe religious edicts and the requirements of trades and occupations, taking care to avoid arbitrary repercussions on employment and occupation particularly in the public service. The Committee asks the Government to inform it how this requirement is implemented in practice, in particular with an indication as to whether female civil servants have received physical or other punishment for being improperly veiled when in the workplace or journeying to and from work.

11. Discrimination on the basis of religion. The ICFTU document mentions a number of laws, as well as advertisements for student places and job vacancies published in the daily press throughout 1995, which refer generally to the requirement of belief in Islam or one of the constitutionally recognized religions and, at times, "faith in the Islamic Revolution". The Committee notes that the ICFTU is alleging that discrimination pervades all aspects of Iranian society and, therefore, education and training and employment and occupation. The Committee notes that the Government, in its reply, supplies statistics on the active population, employment and school profiles of religious minorities (Christians, Jews, Zoroastrians and other religions). On the basis of this, and other details provided in past reports, the Government stresses that religious minorities benefit from the national policy of non-discrimination in employment and occupation and are employed in both the public and private sectors. Regarding the alleged discrimination in job offers, the Government states that there is no preference for Muslims. In view of all the information supplied, it appears that, for the recognized religious minorities, efforts have been made to improve the employment situation. The Committee recalls, however, the principle set out in Article 1, paragraph 2, of the Convention and in paragraphs 118 to 122 of its above-mentioned Special Survey regarding the inherent requirements of a particular job and their interplay with religious requirements, even in a country with a state religion. Many of the examples given by the ICFTU, for instance, relate to situations such as student places for meteorological studies, for which religious requirements would not appear to be justified.

12. The Committee must express its deep regret that, once again, the information supplied by the Government does not throw light on the situation of the Baha'is who, as noted in observations addressed to the Government for a number of years, have suffered discrimination on the basis of religion in access to employment, especially public service posts, and in terms and conditions of employment. This is of particular concern since the Committee had already, in its previous observation, recalled the findings of the United Nations Special Rapporteur on the question of religious intolerance, who visited the country in December 1995 and reported "instinctive rejection" towards the Baha'i community on the part of Iranian officials with whom he met (UN document E/CN.4/1996/95/Add.2 dated 9 February 1996). As noted in its last observation, the Committee refers the Government to paragraph 41 of its 1996 Special Survey on employment and occupation and requests it to provide details in its next report on the employment of members of the Baha'i religion in public service posts where particular religious beliefs are not inherent requirements of the job to be done. It also requests the Government to communicate information on the employment of members of the Baha'i community generally.

13. Discrimination on the basis of political opinion. The ICFTU document lists laws and press advertisements which allegedly favour adherents of the State's religious and political regime and discriminate against persons who may hold different ideological beliefs. It also makes some general allegations concerning the role of propaganda which go beyond the scope of the Convention. The Committee notes from the Government's report that the Constitution provides for the freedom to form political parties and that the Labour Code does not impose political or religious criteria in appointments to the various mechanisms created under the Code, such as Islamic Labour Councils. The Committee refers to its comments on the inherent requirements of particular jobs outlined above.

14. In addition to the specific recommendations made above, the Committee considers that the time has come in its dialogue with the Government to request it, as has the Conference Committee albeit in a broader context, to consider accepting a direct contacts mission so as to have at its disposal complete information on the situation of religious discrimination in the country, in particular as regards the educational and employment opportunities of the Baha'is and other minorities. It hopes that the Government will be in a position to respond positively to this suggestion, especially now that the new Administration has taken office, this having been mentioned by the Government representative during the Conference Committee discussion. The Committee also hopes that the report will contain full details on the ongoing measures to improve the situation of women workers and the training opportunities available to girls and women.