Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee takes note of the information provided by the Government in its detailed report and attached documentation. It also notes the mission report on the second mission undertaken by the Office in March 2002 to monitor the application of the Convention and to provide assistance in its implementation, following the discussion in the Conference Committee on the Application of Standards in June 2001. The Committee also notes that comments from the World Confederation of Labour on the application of the Convention were received in October 2002 and transmitted to the Government. It will examine these comments, and any observations the Government may make, at its next session.

2. Mechanisms to promote human rights. Further to its previous comments the Committee notes the information provided on the Islamic Commission on Human Rights including details on the complaints and the outcomes of cases concerning discrimination and the activities of the Commission. It notes that during the period from April to December 2001 the Commission received 29 appeals concerning the right to employment and two appeals concerning women’s rights. According to the Commission, the number of persons appealing to the Commission in respect of economic and social issues is increasing. The Government reports that in relation to cases concerning employment the results obtained included job restitution, creation of job opportunities and prevention from breach of employment rights. The Committee asks the Government to continue to provide information on the nature of the cases related to employment discrimination and women’s rights as well as on the manner in which they were followed up or resolved. Noting that the Commission also maintains statistics on cases in which religion, including non-recognized minorities such as the Baha’is, or ethnicity is the basis alleged for human rights violations, the Government is also asked to provide information on such cases dealt with by the Commission. The Committee also notes the information on the educational activities carried out by the Commission for judges, law enforcement officers and for the human rights defenders programme.

3. The Committee also notes that in 2001 the Islamic Commission on Human Rights launched a National Action Plan for the Elimination of Discrimination against Ethnic and Religious Minorities. The plan includes measures such as data collection and evaluation, programmes to promote the participation of minorities in problem solving, research and workshops, an assessment of achievement, as well as an annual report to the Islamic Consultative Assembly and the President. The Committee also notes that a first meeting with religious, ethnic and linguistic minorities was held under the action plan in March 2002, in the course of which the role of international instruments, including Convention No. 111, in respect to the human rights of minorities was discussed. The Committee requests the Government to continue to provide information on the work of the Islamic Commission on Human Rights related to minority rights and the implementation of the national action plan on minorities. The Committee would also be grateful to receive copies of the Commission’s reports.

4. Discrimination on the basis of sex. During the last few years the Committee has been noting with interest the positive trend in the level of women’s participation in education and training, though it continues also to note low rates of economic participation of women. Once again the Government is able to report an increase in the rate of participation of girls in primary schools, in technical schools, and in universities. The access of girls to elementary education over the past five years has risen from 80 per cent to 96 per cent. The Committee notes that in 1997 young women constituted 51 per cent of the university students and by 2001 the rate had reached 61 per cent. It also notes that the number of women’s technical and vocational training centres has increased from 41 in 1997 to 120 in 2001. While noting this progress the Committee has and must continue to highlight the importance of translating educational opportunities into employment possibilities. In this regard the Committee notes that in 2001 employment rates of the higher educated women were 79.32 per cent and for men it was 90.93 per cent. Given this gap as well as the increase in the number of women in higher education the Committee requests the Government to provide information on all the measures taken to integrate women graduates into the labour market, such as professional guidance and placement services, and on the employment rates of the recent graduates, including the sectors and occupational activities in which they are employed. Noting the increase in participation rates the Committee requests statistical information on the number of women graduates.

5. The Committee notes that in 2001 the participation of economically active women of the total economically active population was 15.69 per cent - a slight increase over previous years though still very low. The economic participation rate of women was 11.79 per cent in 2001 while the unemployment rate for women was 19.88 per cent compared to 13.17 per cent for men. This was a substantial increase for women while men’s unemployment rate was reduced slightly from 1999 and 2000. When employment is broken down by major industry group, women constituted 30.67 per cent of employees in services, 7.85 per cent in manufacturing and 3.51 per cent in agriculture. In government service, women hold 5.5 per cent of the managerial posts. The Committee also notes that a recent development to assist women entering employment has been the expansion of for-profit and non-profit non-governmental organizations and cooperatives, in which women participate heavily. In addition the Committee notes the availability of statistical information disaggregated by sex and recognized religious minorities, which shows that Zoroastrian women had the highest rate of employment, followed by Christians. Both had higher participation rates than Muslim women. Similarly with respect to unemployment rates, Zoroastrian women had the lowest rates followed by Christian, Muslim, Jewish and other women.

6. The Committee notes that the information on the increase in female candidates in the sixth parliamentary election to 504, which represents a 44 per cent increase compared to the previous election. It also notes that a significant part of the increase occurred in the rural areas. The Committee notes the information on the measures taken to introduce women to male-dominated occupations such as the establishment of the first police faculty for women and the new Bill introduced to allow recruitment of women in the disciplinary forces. The Committee hopes to receive further information in the next report on the results obtained in these areas.

7. Further to the Committee’s comments, the Government requested technical assistance to facilitate empowerment of women in the labour market and promote job creation for women, including the targeting of university graduates and female heads of households. The Committee notes with interest that an ILO assessment mission on women’s employment was undertaken in May 2002, and has recommended a number of activities and projects to be implemented. It notes that the Government has replied positively to these recommendations and has placed priority on a number of them, and that funding has already been found for the holding of a national Conference on Promoting Women’s Employment to be organized jointly with the ILO in the next year. The Committee looks forward to receiving information on the Conference and its results in terms of promoting women’s employment and the application of the Convention. It also requests the Government to indicate the follow-up to the other recommendations of the ILO assessment mission as well as any other initiatives taken and their impact on addressing the low level of women’s employment as well as the increasing level of unemployment of women.

8. Further to its previous comments concerning the legal restriction on women leaving the country for study without the approval of the husband, the Committee notes with interest the adoption of the Act on Despatching University Students Abroad, approved by Parliament and the Guardian Council in March 2001 which abrogates the restriction on women contained in the 1985 Act of the same name and provides that both women and men should equally enjoy study opportunities abroad. The Committee also notes the approval of the new divorce Act, following its adoption in the Parliament, which, among other measures, allows women to file for divorce. In the view of the Committee measures that enhance the equal status of women in society will have positive effects on progress towards equal opportunity and treatment between men and women in employment and occupation.

9. For many years now the Committee has been pointing to several other issues on which it has raised concern over the existence of legal and administrative provisions which are not in conformity with the Convention. It once again draws the Government’s attention to the need to review and repeal the following provisions:

-  the obligatory dress code and the imposition of sanctions in accordance with the Act on Administrative Infringements for violations of the code. In this respect, it once again recalls its concern over the negative impact that such a requirement may have on the employment of non-Islamic women in the public sector and reiterates its request for a complete copy of the Act on Administrative Infringements and for information on the application of the Act in relation to the dress code;

-  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 interests of the family or to his or his wife’s prestige. As indicated in the past, the extension of this right to women in the 1975 Protection of Family Act does not fully respond to the concerns of the Committee. Noting the Government’s commitment, as expressed in its 2000 report on the implementation of the Beijing Platform for Action, to review and modify laws relevant to the human rights of women, the Committee once again expresses the hope that this review will encompass section 1117 of the Civil Code and the Committee’s comments thereon. In the meantime, the Government is requested to provide information on the application in practice of these provisions;

-  restriction on women judges from issuing verdicts. In this area the Committee can only stress the importance it places on the full participation of women on an equal footing with men in the judicial profession, including in the issuance of judicial verdicts.

10. With reference to the abovementioned provisions, the Committee notes that one of the main projects of the Centre for Women’s Participation, which is the office that reports to the President on women’s affairs, is the review of legislation to identify the gaps in protection and changes to be made, and to make proposals in this regard. The changes being targeted will affect the Civil Code, the Labour Code and the Penal Code. The Office was informed during the mission that the labour proposals would concern retirement, part-time work, wages, nursing breaks and social security coverage for those who perform household work. The Centre is also revisiting administrative structures in this regard and will address the right of female judges to issue verdicts. The Committee welcomes the review of these areas and asks the Government to bring its comments to the attention of those conducting the study. It hopes the Government will be able to indicate continued progress in its next report on the results of the review, its recommendations and the measures taken to ensure application of the Convention to this occupation.

11. Discrimination on the basis of religion. The Committee notes that as in the past the employment situation of the recognized religious minorities (Christians, Jews, Zoroastrians) is better than the national average. Further to its comments under the Islamic Commission on Human Rights above, the Committee notes from the Government’s report that a national effort is under way to counter discrimination against religious minorities. In this respect the Government cites the recent change in compensation awards for personal injuries in order to equalize damages between Muslims and non-Muslims that may be awarded in civil cases. The Committee also notes the functioning of the National Committee for the Promotion of the Rights of Religious Minorities, and the concerns raised by members of this Committee, as reported in the mission report following a meeting with representatives of that Committee, over their participation in public service and in the teaching profession in the various minority schools. The Committee requests the Government to indicate the measures taken to promote equal access of religious minorities to jobs in the public sector as well as the private sector. Noting the number of activities including the plan of action on minorities to combat discrimination and promote integration, tolerance and understanding among the various communities, the Committee requests the Government to continue to provide information including statistical data on the employment situation of the recognized religious minorities. It also requests the Government to provide information on further sessions of the National Committee for the Promotion of the Rights of Religious Minorities since the session held during the Office’s last mission.

12. Over the years, the Committee has been concerned about the treatment in education and employment of members of unrecognized religions, in particular the members of the Baha’i faith. The Committee recalls that in the absence of a reference to non-discrimination on the basis of religion in section 6 of the Labour Code, it has been monitoring the situation of religious minorities. In his final report, the Special Representative of the UN Commission on Human Rights on the situation of human rights in the Islamic Republic of Iran (E/CN.4/2002/42), indicated that it had been possible in the past year or so to discern some hopeful signs concerning the treatment of the unrecognized minorities, especially the Baha’is. These signs included the commutation of death sentences, release of prisoners and the decision of the Expediency Council declaring that "all Iranians enjoy the rights of citizenship irrespective of their belief", followed by the removal of the requirement to declare one’s religious affiliation when registering a marriage or the birth of a child, or applying for a passport for overseas. Nevertheless the Special Representative understood that the Baha’i community continues to be subject to harassment and discrimination in the areas of employment and education, among others. In this connection the Committee welcomes the opening of the Open Scientific University for Baha’i students, while noting with regret that Baha’i students still may not attend other universities in the country. The Committee also notes the statistical information on several Baha’i operated and owned businesses throughout the country and the Government’s indication that no restrictions for granting loans to these companies exist. The Committee hopes the Government will be in a position to give a fuller picture of the labour market situation of the Baha’i in its next report. The Committee further notes that the Islamic Commission on Human Rights has received appeals from members of the Baha’i community and that in the view of the Commission accommodations of some laws and theological edicts would have to be made in order to solve the problems of this unrecognized minority. The Committee urges the Government to continue to address the existing discrimination of the Baha’i. It hopes the Government will be able to report more progress towards this end in its next report.

13. Ethnic minorities. The Committee requests the Government to indicate the measures taken to ensure application of the Convention to members of the ethnic minorities in the country, including the Azeris and the Kurds.

14. Tripartite consultation. Referring to its previous comments on the Act to exempt from the application of the Labour Code workplaces and businesses of five or fewer employees and its concerns over the manner in which employees in exempted enterprises, in particular women and minorities, would be protected against discrimination in employment, the Committee notes the collective contract concluded by employers’ and workers’ organizations concerning these workers employed in the enterprises with five or fewer employees which are exempted from the Labour Code. The collective contract provides for protection of the workers in their contract of employment, terms and conditions of employment, including a requirement of equal pay between men and women, social security and settlement of disputes. Given that the contract does not contain a general non-discrimination clause, the Committee requests the Government to indicate the manner by which the application of the Convention is ensured to workers in establishments of five or fewer employees.

15. In addition to the technical cooperation mentioned above, the Committee welcomes the signing of the Memorandum of Understanding with the ILO for 2002-03 which covers a range of areas in which the ILO will provide assistance, including in formulating policies for creating greater access for women and men to secure productive employment and income opportunities through implementation of the UNDP-funded programme on employment generation, to improve labour market information systems and data collection, and to review labour laws and their compatibility with international labour standards and provide legal drafting assistance. The Committee further notes the statement of the Government that it is committed to continuing to enact reforms, strengthen institutions, fight corruption and discrimination, respect human rights and the rule of law, and spend more money on development of sound policies that provide opportunities to all, and most notably women, without exclusion. The Committee again acknowledges the steps taken by the Government and the intention it expresses to make further progress, while noting equally the problems yet to be overcome. It urges the Government to continue to take action that will result in the elimination of all the existing divergences between the Convention and the national situation, and hopes that the increasing technical assistance from the ILO will facilitate this process and that the Government will be in a position to report continued progress in its next report.