Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that section 3 of the Law on the Protection of Children and Adolescents, 2002 prohibits the trafficking, exploitation, buying and selling of children (defined as persons under the age of 18) for the purpose of trafficking. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.5 of 23 July 1998, paragraph 82), the Islamic Republic of Iran enforces the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee notes the Government’s indication that, to this end, the Islamic Republic of Iran has concluded bilateral agreements, and in cases of illicit transfer of children returns the child that has been brought to the Islamic Republic of Iran illegally. The Committee asks the Government to provide a copy of the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs and any other legislation that prohibits the sale and trafficking of children below the age of 18 years for the purpose of sexual or labour exploitation.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, according to article 43 of the Constitution, the economy of the Islamic Republic of Iran is based, among others, on the respect for the right to choose freely an occupation, refraining from compelling anyone to engage in a particular job and preventing the exploitation of another’s labour. Under the terms of section 6 of the Labour Code, it is prohibited to force a person to perform work against his will or to exploit others. It also notes that section 172 of the Labour Code prohibits all forms of forced labour.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of article 151 of the Constitution, the Government is obliged to provide a programme of military training, with all requisite facilities, for all its citizens, in accordance with the Islamic criteria, in such a way that all citizens will always be able to engage in the armed defence of the Islamic Republic of Iran. The Committee notes that according to section 4 of the Public Conscription Act, persons are recruited for military service during the year they have reached the age of 19. The Committee asks the Government to provide a copy of the Public Conscription Act.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 135 of the Law on Islamic Penalties, 1991, prohibits procuring (defined as bringing together and uniting two or more persons for the purpose of adultery or sodomy). Section 639 of the Islamic Penal Code of the Islamic Republic of Iran punishes anyone who manages a property where activities against public morals take place and anyone who encourages people to violate public morals. The Committee notes, however, that there appear to be no provisions specifically prohibiting the use or offering of a child under the age of 18 for prostitution. It reminds the Government that, under Article 3(b) of the Convention, the use or offering of children under the age of 18 for prostitution constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for prostitution, as well as the sanctions envisaged.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 640 of the Law on Islamic Penalties punishes anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any other thing that violates public morals; and anyone who circulates the above items. It notes, however, that there appear to be no provisions prohibiting the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. The Committee recalls that, by virtue of Article 3(b) of the Convention, such activities are considered to be one of the worst forms of child labour. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of children below the age of 18 years for the production of pornography or for pornographic performances. It also requests the Government to supply a copy of relevant legislation.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Anti Narcotic Drugs Law of 1988 deals with a range of drug-related offences. It also notes the information in the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.5 of 23 July 1998, paragraph 82) about the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee requests the Government to indicate whether this Law concerning the use of children for trafficking of illicit drugs prohibits the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.

Article 3, clause (d) and Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 83 of the Labour Code prohibits assigning overtime work, shift work, or arduous, harmful or dangerous work to young workers (defined in section 80 as workers between 15 and 18 years of age) or requiring them to carry loads heavier than the authorized maximum weight without using mechanical means. According to section 84 of the Labour Code, in occupations and jobs which, on account of their nature or of the conditions in which they are performed, may be prejudicial to the health or morals of trainees or young workers, the minimum working age shall be 18 years. The Committee also notes with interest that the "Recueil de directives", adopted by the Council of Ministers under the Law on the implementation of Convention No. 182, provides for a list of the types of work forbidden for persons under 18 years. The list contains 36 types of hazardous work, including work in mines or underground work, work with flammable or explosive materials, work that exposes workers to radioactivity, construction work, work with dangerous machinery and the production of chemical and toxic substances.

2. Self-employed workers. The Committee notes that, according to section 1 of the Labour Code, all employers and workers, as well as workplaces and production, industrial, services and agricultural establishments are required to comply with the provisions of this Code. Under section 2 of the Labour Code, the term "worker" means any person who works in any capacity at the request of an employer in return for remuneration. "Workplace" is defined in section 4 as any place where a worker performs work at the request of an employer or his representative. The Labour Code therefore appears to exclude work performed outside the formal labour relationship, such as self-employment, from its scope of application. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information in this regard. However, it notes that, under the terms of section 189 of the Labour Code, a number of activities in the agricultural sector, including growing and management of fruit trees, animal husbandry, raising and breeding of poultry and birds, cultivation, growing and harvesting, are exempted from the scope of application of the Labour Code. The Committee also notes that, according to section 188 of the Labour Code, workers in family enterprises shall not be subject to the provisions of this Code. According to paragraph 1 of section 1 of the "Recueil de directives", work of children in traditional family enterprises of carpet making, weaving and knitting, and work in wood industry are excluded from the list of the hazardous types of work. The Committee further notes that, under the terms of section 191, small-scale enterprises with fewer than ten workers may be temporary excluded from some of the provisions of the Labour Code. In this regard, the Committee notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.123 of 28 June 2000, paragraph 51) expressed concern at the large numbers of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom are working in hazardous conditions.

The Committee draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist. In this regard, the Committee trusts that the Government will take into consideration the conclusions of the Committee on the Rights of the Child.

Article 5. Monitoring mechanisms. The Committee notes that, according to section 96 of the Labour Code, a Labour Inspection Department has been established under the Ministry of Labour and Social Affairs, which among others has the following functions: to supervise the implementation of regulations governing working conditions, particularly protective regulations for arduous, harmful and dangerous work, working time, wages, workers’ welfare, and the employment of women and young workers; to supervise the implementation of the labour law and to carry out inspections. Inspections are to be carried out on a continuous and regular basis, and warnings are to be given in respect of problems, defects and shortcomings, and, if circumstances so require, the appropriate authority may take legal action against violators and offenders. Under the terms of section 98, labour inspectors and health inspectors in the performance of their duties are entitled to enter and inspect any premises, workplaces without prior notice, at any time of the day or night; and are entitled to have access to the relevant books and documents. The Committee requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on Article 6. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in the Islamic Republic of Iran.

Article 7, paragraph 1. Penalties. The Committee notes that section 3 of the Law on the Protection of Children and Adolescents establishes penalties for trafficking in children. It also notes that sections 135 and 639 of the Law on Islamic Penalties establish penalties for breach of the provisions prohibiting: procuring and managing a property where activities against public morals take place. It further notes that sections 172 and 176 of the Labour Code establish sufficiently effective and dissuasive penalties of fines and imprisonment for violation of the provisions prohibiting all forms of forced labour and arduous or dangerous work by young workers. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures taken to ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to article 30 of the Constitution, the Government shall provide all citizens with free education up to secondary school and expand free higher education to the extent required by the country for attaining self-sufficiency. It also notes that the Law amending the Law on Compulsory and Free Education ("Loi de modification de la loi d’éducation et d’enseignement obligatoire et gratuit") provides that the education system in the Islamic Republic of Iran is divided in a first phase of five years and a second of three years. Under the terms of section 5 of the Law on Guaranties of Educational Facilities and Possibilities for Children and Young Iranians ("Loi de garantie des équipements et les possibilités d’enseignement des enfants et des jeunes Iraniens"), professional training is free up to the first university degree. The Committee further notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 18 and 19), the Ministry of Education and Training has based its activities on the two following pivotal principles:

-  to increase the educational coverage of children and youth in need of learning at the general level, giving priority to rural and deprived regions, and closing the gap between cities and villages;

-  to elevate the educational status of girls, especially in the rural regions, closing the gap between girls and boys, and finding ways to keep girls learning, especially at the primary level. The programme for combating the illiteracy of girls is carried out in 15 provinces of the country. Lately, the full coverage of girls requiring education in six under developed provinces has been considered, and approximately 7,000 girls needing education have been covered for primary education through the implementation of this programme.

Clauses (b) and (e). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and take account of the special situation of girls. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 176 and 225), "Executive Regulations of the Centre for Protection and Rehabilitation Regarding Girls and Women who are Endangered by Acute Social Abuse" were adopted in 1997. The regulations provide that the welfare organization will protect girls and women at the Centre or will deliver such services as social and psychological assistance, training and creating an employment opportunity. The Project for the Establishment of Rehabilitation Centres for Socially Abused Girls and Women includes such objectives as provision of necessary facilities for social and psychological rehabilitation and facilitating access to the families of help-seekers .The latest statistics show that out of the total number of people registered in 18 rehabilitation centres during the year 2000, 420 were under 18. The Committee asks the Government to provide further information on the impact of these projects and on other effective and time-bound measures taken for the rehabilitation and social integration of the children withdrawn from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 172 and 179), the issue of street children, and other children who work in the streets, is an undeniable phenomenon in the Islamic Republic of Iran. The phenomenon of street children has become serious in Tehran, Mashhad, Isfahan, Shiraz and other large and medium-sized cities. It also notes that, according to the report on the situation of human rights in the Islamic Republic of Iran, prepared by the Special Representative of the Commission on Human Rights (E/CN.4/2001/39 of 16 January 2001, paragraphs 112-114), the prospect of forced early marriages are reportedly one of the underlying causes of a relatively recent phenomenon, that of runaway girls. The problem has reached such proportions that, in 1999, Tehran and other cities established a network of shelters. As reported in the press, the number of runaways has increased by 30 per cent in the past year and an average of 45 Iranian girls run away from home each day. Runaway girls make up a large proportion of the 25,000 children who live in the streets of Tehran. It is reported in the press that some 100 to 150 of them die every night. The Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.123 of 28 June 2000, paragraphs 45 and 46) expressed its concern at the large numbers of children living and working on the streets, particularly in urban centres such as Tehran and Isfahan, and recommended the State party to establish mechanisms to ensure that these children are provided with identity documents, food, clothing and, housing and also to ensure that they have access to health care, rehabilitation services for physical, sexual and substance abuse, services for reconciliation with their families, comprehensive education, including vocational and life-skills training, etc.

The Committee notes the Government’s information that a project concerning street children was established in 1998 by the Office of Social Affairs in collaboration with the municipality, the armed forces and the Ministry of Internal Affairs. It also notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 173-174), since August 2001, there has been a plan for gathering the street children in order to create employment opportunities for them or to return them to the families. The decentralized rehabilitation and the professional skill training of the street children have been initiated. The budget allocated for this issue is Rls 19 billion. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore encourages the Government to redouble its efforts to address the situation of these children. The Committee asks the Government to continue providing information on effective and time-bound measures taken to protect young persons under 18 years of age living in the streets and, in particular, runaway girls, from the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee notes that the Islamic Republic of Iran is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Islamic Republic of Iran ratified the Convention on the Rights of the Child in 1994. It further notes that the Islamic Republic of Iran is a party to the following international drugs conventions: Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, Convention on Psychotropic Substances of 1971, and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The Committee also notes that the Islamic Republic of Iran signed in 2000, but has not yet ratified the UN Convention against Transnational Organized Crime. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the absence of information in this regard. It encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.