Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the Government’s report, as well as the discussion that took place in the Conference Committee on the Application of Standards in June 2006, the resulting conclusions of the Conference Committee, and the report of the technical assistance mission that took place in October 2007.

2. National equality policy. The Committee notes the Conference Committee’s request that the Government provide a mid-term assessment in its report to this Committee on the steps taken to bring all its relevant legislation and practice into line with the Convention by no later than 2010, as this would mark the end of the period covered by the Fourth Economic, Social and Cultural Development Plan (the Plan). The Plan provides guiding principles for the drafting of laws and policies. Articles 100 and 101 stress the importance of human rights. Article 100 requires the Government to formulate a “Charter of Citizenry Rights”, encompassing a number of principles, including “securing freedom and security needed for the development of the social organizations in the area of preservation of the rights of women and children” and “propagating the unification and respectability concepts toward social groups and different ethnic groups in the national culture”. Article 101 requires the Government to prepare a national plan for the development of “meritorious work” on the basis of a number of principles, including “prohibition of discrimination in employment and profession”. Article 130 empowers the judiciary to take measures towards the elimination “of all types of discrimination – gender, ethnic and group – in the legal and judicial [field]”.

3. The Committee also notes the findings of the technical assistance mission that annual monitoring and evaluation reports required under article 157 of the Plan have been prepared, and that translated summaries will be provided to the Committee. The mission also notes that the Plan does not seem to have been well publicized as there was generally little awareness of its contents beyond certain government departments. The Government also refers to the Charter of Women’s Rights adopted in 2004. The Committee requests the Government to provide information on the status of the adoption of the Charter of Citizenry Rights and of the National Plan foreseen under articles 100 and 101, and any measures taken to implement article 130. The Committee looks forward to receiving the translated summaries of the evaluation reports prepared, and any other information on the implementation of the Plan in practice, and the results achieved with respect to furthering equality in employment and occupation. Please also provide information on any measures taken or envisaged to raise awareness of the Plan, in particular with respect to equality rights. The Committee also requests the Government to provide a copy of the Charter of Women’s Rights, to clarify how the Charter and the Plan interrelate, and to provide information on any measures taken to implement the provisions of the Charter.

4. Equal opportunity and treatment for men and women. The Committee notes the various initiatives to which the Government refers in its report aimed at improving women’s access to employment and occupation, in particular through increasing access to universities and technical and vocational training, establishing women’s cooperatives, and promoting women’s entrepreneurship. The Government emphasizes the importance of supporting women’s entrepreneurship, and to this end refers to a number of measures, including the establishment of the Women’s Entrepreneurship Guild, easing requirements for women to access loans and grants to start a business, designing a data bank for women’s entrepreneurship, and technical assistance provided by the ILO. The various initiatives of the Centre for Women and Family Affairs regarding skill development, women’s cooperatives and entrepreneurship are also enumerated. According to the figures provided in the Government’s report, in 2006, 55 per cent of the new students admitted to state universities were women, with representation in all faculties. Women’s participation in vocational and technical training has also increased. In the public Technical and Vocational Training Organization (TVTO), in 2006, a number of women undertook training in financial and business affairs, “wood industries” and civil engineering, though the largest proportion of women were concentrated in the area of information technology. The Committee welcomes the information regarding the number of women trained through the TVTO in a range of disciplines, and requests the Government to continue providing updated information in this regard. Given that the large majority of women are trained through private institutes, please also provide information on the participation rate of women and men in the various disciplines of technical and vocational training in institutes that are privately run. The Committee would also like to receive information regarding how the education and training received by women translates into employment opportunities once they have completed the courses. The Committee also requests information on the activities of the Women’s Entrepreneurship Guild, as well as other initiatives to promote women’s entrepreneurship. The Committee would also appreciate continuing to receive information on the activities of the Centre for Women and Family Affairs.

5. The Committee notes that while the level of women’s participation in the labour market remains low, it has increased from 12.2 per cent in 2003 to 13.8 per cent in 2006, and the unemployment rate for women has decreased from 19.6 per cent in 2002 to 17 per cent in 2006, according to official government figures collected by the ILO. The Government has provided some general statistics in the report regarding the rate of employment of women and men. The Committee understands from the report of the technical assistance mission that the national statistical centre and the bureau of statistics have considerable data available, disaggregated by sex, on the employment situation in the country, but that much of it is not available to the public. However, the relevant tables have been requested by the mission team. The Committee hopes that detailed statistics on the number of women and men in public and private sector employment, disaggregated by category and level of employment, will be provided without delay, to allow the Committee to make an accurate assessment of the extent of progress made in the situation of women in accessing higher level and non-traditional jobs.

6. The Government acknowledges that the existing imbalance in women’s participation in the labour market in comparison with that of men, “is a direct result of cultural, religious, economic and historical factors”. The Government also raises the issue of the difficulty of women balancing work and family responsibilities. The Committee notes the findings of the mission also pointing to the difficulty for women in taking on increasing work responsibilities, without any decrease in their family responsibilities. Some measures exist, such as a legal requirement for childcare facilities at or near the workplace, and a reduced working day. They are, however, available only to women, thus reinforcing the assumption that women are solely responsible for caring for children. Many women are unable to benefit from the measures because they are often not provided in practice, and also due to the fact that a large proportion of women are hired under temporary contracts. With respect to awareness raising, the Committee notes that the Ministry of Labour and Social Affairs has held a number of workshops in labour offices since 2005, on the issue of discrimination, addressing over 1,000 participants, and on “women’s labour”, with over 19,000 participants. The Committee requests the Government to continue providing information on measures taken to improve awareness, access and enforcement of equality and non-discrimination rights and policies, as well as on protections and benefits aimed at balancing work and family responsibilities. The Committee asks the Government to consider extending the special measures for workers with children to men as well as women.

7. Noting the findings of the mission regarding the prevalence of discriminatory job advertisements, the Committee asks the Government to provide information on measures taken or envisaged to prohibit such practice. Further to its 2002 general observation, the Committee again requests the Government to provide information on measures taken or envisaged to prevent and prohibit sexual harassment in employment and occupation.

8. Discriminatory laws and regulations. The Government indicates that it has taken steps to involve law makers more closely on the issue of the need to amend or repeal discriminatory laws and regulations, and that it is constantly seeking the assistance of the social partners and non-governmental organizations in processes and negotiations that will hopefully lead to the revision of the laws and practices that are in contradiction with the Convention. However, the Committee notes that none of the provisions to which the Committee has been referring for a number of years, as set out below, have yet been amended or repealed.

9. The Committee notes the finding of the mission team that there was general acknowledgement that section 1117 of the Civil Code and the discriminatory provisions in social security regulations need to be repealed. According to the report of the mission, section 1117 of the Civil Code, which allows a husband to bring a court action preventing his wife from taking up a job or profession, has a negative impact in practice on the ability of women to enter the workforce. Attempts in the past to have this provision repealed have been unsuccessful and new initiatives have been launched; however, the report of the mission states further that “it remains to be seen whether these initiatives will be successful”. There are also a number of initiatives under way with the aim of amending the provisions of the social security regulations that favour the husband over the wife in terms of pension and child benefits, as these provisions give rise to considerable difficulties for women. With respect to the administrative rules restricting the employment of wives of government employees, the Committee regrets to note that once again the Government has provided no information on this matter. The Committee also notes that according to the mission report, there appears to be a legal barrier to being hired after the age of 30, thus impeding women who take career breaks for reasons of maternity or caring for young children from re-entering the labour market. Noting that the Committee has asked the Government over many years to repeal legal and administrative provisions that are not in conformity with the Convention, and noting further the urgency expressed by the Conference Committee with respect to this matter, the Committee urges the Government to repeal the relevant provisions without delay, and to inform the Committee of the concrete steps taken in this regard. Please also provide information on any legal obstacles to applying for jobs after the age of 30, and on any measures taken or envisaged to amend or repeal such provisions.

10. With respect to women’s access to the judiciary, from the Government’s report, it appears that Decree No. 55080 of 1979 changing the status of female judges from judicial to administrative, thus preventing them from issuing verdicts, remains in force. The Government stresses, however, that due to recent reforms in the judiciary, women now occupy a range of judicial positions, including assistant prosecutor, remand judges, adviser to the court of appeal, adviser to the family court, and judge of guardianship and minors. The Government goes on to note that a new Bill has been introduced to elevate women as adviser judges in other types of cases, and that granting them full authority “is being seriously looked into”. The Committee notes from the report of the mission that statistics on the number of men and women in the judicial system and their rank have been requested. The Committee urges the Government to take the necessary measures to ensure that there are no obstacles in law or in practice to women having access on an equal footing with men to all positions in the judiciary and with the same powers, and asks the Government to provide details of the measures taken in this regard. Please also provide details of the content and status of the most recent Bill regarding women in the judiciary that has been introduced, as well as statistics on the number of women and men at each level of the judiciary.

11. Regarding the obligatory dress code for women and the imposition of sanctions in accordance with the Act on administrative infringements, the Committee has for a number of years raised concerns that this could have a negative impact on the employment of non-Islamic women in the public sector. The Committee has also raised similar concerns regarding the disciplinary rules for university and higher education institutes students. In the absence of any information in the Government’s report on this issue, the Committee urges the Government to provide detailed information on the manner in which the abovementioned administrative and disciplinary rules regarding the dress code are being applied in practice with respect to education and employment, including information on the number of violations of the dress code and the sanctions imposed. The Committee must also again repeat its request for information on the status, contents and objectives of a bill concerning the dress code that was forwarded to Parliament in 2004.

12. Discrimination on the basis of religion. The Committee notes from the report of the mission that a clear distinction is made in law and practice between recognized and unrecognized religious minorities. Recognized religious minorities have reserved seats in Parliament, are entitled to apply for positions in the public sector, and there is a quota system for hiring teachers from recognized religious minorities. However, the report of the mission goes on to state that the situation with respect to unrecognized religious minorities, and in particular the Baha’i appears to be very serious, “and there is no indication that the situation will change in the near future”. They cannot apply for public sector positions, and under the circular of the Presidential High Screening Board, cannot be hired as teachers. The Committee notes the Government’s statement that statistics pertaining to the employment of the Baha’i and other religious and ethnic minorities are not collected “because of the likely misinterpretation such an attempt may cause among the minorities of Iran”.

13. With reference to the Baha’i, the Committee notes from the report of the mission, that out of a university population of 3.6 million students, the Government could identify only 23 Baha’i. The mission also learned that the Baha’i are not permitted to attend TVTO training. They have also been denied their pension entitlement on the express ground of being Baha’i, though the mission was informed that some measures are being taken to ensure that these pension entitlements are paid. The Committee notes the information from the mission that there appears to be “a general and deeply rooted climate of intolerance against the Baha’i that has a negative impact on their equality of opportunity and treatment in education, employment and occupation”. The Committee also notes the circular referred to by the Special Rapporteur on freedom of religion or belief on increasing the surveillance of the Baha’i, as well as her reference to an increasing media campaign against the Baha’i faith (Human Rights Council, A/HRC/4/21/Add.1, 8 March 2007, paragraphs 181–183). The Committee is deeply concerned that the climate of intolerance against the Baha’i is a serious obstacle to their equality of access and opportunities to education, training, employment and occupation, and urges the Government to take active and effective measures to promote respect and tolerance for unrecognized religious minorities. The Committee urges the Government to ensure that all circulars or other government communications relating to limiting activities of the Baha’i in education, training, employment or occupation, are withdrawn without delay, and to take proactive measures to address the existing discrimination against the Baha’i. The Committee must also reiterate its previous comment on the practice of “gozinesh”, and requests information on this practice, and on the status of the Bill that had been before Parliament asking for a review of this practice.

14. Ethnic minorities. The Committee had previously requested the Government to provide statistics referred to by the Government on the increasing number of public sector positions filled by members of ethnic minorities. The Committee welcomes the information provided by the Government on the number of political positions occupied by ethnic minorities. The Committee notes from the report of the mission that members of ethnic minority groups are excluded from some positions on the ground of national security. The Committee again asks the Government to provide information on the employment situation of ethnic minority groups, including the Azeries, the Kurds and the Turks, in particular the statistics on their employment in the public sector, and information on any efforts taken to ensure equal access and opportunities to education, employment and occupation for members of these groups. Please also provide information on the positions from which members of ethnic minorities are excluded on the ground of national security.

15. Dispute settlement and human rights mechanisms. The Committee notes that there are a number of potential avenues for bringing complaints of discrimination, including the National Commission on Human Rights, the Islamic Commission on Human Rights, Parliamentary Article 98 Commission, the courts and the dispute settlement boards. The Committee notes that the National Commission on Human Rights was established in December 2005, and is mandated to deal with the rights of minorities. The Committee notes from the report of the mission that there appears to be a lack of awareness of the various bodies and procedures, and in some cases fear of victimization may be an obstacle to lodging a complaint. The issue of accessibility of the procedures, in particular for those alleging religious discrimination, was also raised. The Committee requests the Government to provide information on the number and nature of complaints lodged with the various dispute settlement and human rights bodies and the courts, including their outcome. The Committee also requests the Government to take measures to raise awareness of the existence and mandate of the various bodies, and to ensure the accessibility of the procedures for all groups.

16. Social dialogue. The Government in its report stresses its strong commitment for constructive dialogue with the social partners and intensifying its cooperation with the ILO regarding implementation of the Convention. However, the Committee is concerned that in the context of the present freedom of association crisis in the country, as described in the report of the technical assistance mission, meaningful social dialogue on these issues at the national level is not currently possible. The Committee also notes that while some steps have been made towards meeting the objective of bringing the relevant legislation and practice into line with the Convention, much still remains to be done. The Committee requests the Government to intensify its efforts to bring its legislation and practice into conformity with the Convention, in order to be able to demonstrate tangible results by 2010.