Informe provisional - Informe núm. 357, Junio 2010

1. 677. The Committee last examined this case on its merits at its June 2009 session, where it issued an interim report approved by the Governing Body at its 305th Session [see 354th Report, paras 885–927].
2. 678. The Government transmitted partial observations in communications dated 22 and 26 May 2010.
3. 679. The Islamic Republic of Iran has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 680. In its previous examination of the case, the Committee made the following recommendations [see 354th Report, para. 927]:
   • (a) Noting with interest that the proposed amendments to article 131 of the Labour Law would appear to permit trade union multiplicity, including at the workplace and national levels, the Committee requests the Government to keep it informed of the progress made in adopting these amendments and firmly expects that the legislation will be brought into conformity with freedom of association principles in the very near future.
   • (b) The Committee once again urges the Government to deploy all efforts as a matter of urgency so as to allow for trade union pluralism, including through the de facto recognition of the SVATH union pending the introduction of the legislative reforms.
   • (c) The Committee requests the Government to transmit a detailed report of the findings of the State General Inspection Organization (SGIO) and the Headquarters for the Protection of Human Rights into the allegations of workplace harassment during the period of the union’s founding, from March to June 2005, as soon as they are produced. It once again requests the Government, in the light of the information revealed by these investigations, to take the necessary measures to ensure that all employees at the company are effectively protected against any form of discrimination related to their trade union membership or their trade union activities.
   • (d) The Committee once again urges the Government to take the necessary measures to ensure that the 13 trade unionists found to have been wrongfully dismissed by the Tehran Dispute Settlement Board – and all other trade unionists who have not yet been reinstated and were found to have been the subject of anti-union discrimination – are fully reinstated in their positions without loss of pay. It further requests to be kept informed of the case concerning Mr Madadi, which was referred by the State Administrative Tribunal to a parallel dispute settlement board.
   • (e) The Committee once again requests the Government to immediately institute a full and independent judicial inquiry into the attacks on union meetings in May and June 2005, in order to clarify the facts, determine responsibilities, prosecute and punish those responsible and thus prevent the repetition of such acts. The Committee requests the Government to keep it informed of developments in this regard, including a copy of the court’s judgement in the action initiated by the union concerning these attacks once it is handed down.
   • (f) Recalling that it had previously concluded that Mr Osanloo’s detention from 22 December 2005 to 9 August 2006 and the treatment received during this period constitute not only interference with his trade union activities, but a grave violation of his civil liberties as well, and observing the importance which the Government itself places on the rapid institution of independent investigations, the Committee requests the Government to ensure that the necessary independent investigation is carried out in this regard as a matter of urgency.
   • (g) The Committee, while noting the efforts which the Government states it is making for Mr Osanloo’s release, must once again urge the Government to take the necessary measures to ensure his immediate release and the dropping of any remaining charges. As for the allegations concerning the lack of proper medical attention, the Committee requests the Government to provide full particulars as to the current state of Mr Osanloo’s health.
   • (h) The Committee once again urges the Government to take the necessary measures to ensure Mr Madadi’s immediate release and to institute an independent investigation into the allegations of ill-treatment to which he had been subjected while in detention.
   • (i) The Committee requests the Government to inform it of the progress made concerning the finalization of the draft code of practice on the management and control of trade union and labour-related protests and its adoption and to provide full particulars on the matters referred to therein, including the rules, regulations, and criteria the various ministries are apparently required to formulate and introduce that govern the holding of demonstrations and assemblies. The Committee urges the Government to receive technical assistance from the ILO to finalize the draft code and in the formulation of the requisite rules and regulations referred to therein, so as to ensure that workers’ organizations may carry out peaceful demonstrations without fear of arrest, detention or indictment by the authorities for engaging in such activity, in accordance with the principles of freedom of association.
   • (j) The Committee once again urges the Government to ensure that the charges against Ata Babakhani, Naser Gholami, Abdolreza Tarazi, Golamreza Golam Hosseini, Gholamreza Mirzaee, Ali Zad Hosein, Hasan Karimi, Seyed Davoud Razavi, Yaghob Salimi, Ebrahim Noroozi Gohari, Homayoun Jaberi, Saeed Torabian, Abbas Najand Koodaki and Hayat Gheibi are immediately dropped and that, if any of them are still being detained, that they be immediately released. Furthermore the Committee once again urges the Government to provide any court judgements rendered in respect of these workers.
   • (k) The Committee welcomes the Government’s acceptance of a mission and expects that this mission will be able to visit the country shortly and that it will be in a position to assist the Government in achieving significant results with respect to all the serious outstanding matters and, in particular, as regards the draft labour legislation and principles relating to trade union demonstrations referred to by the Government, as well as in relation to the trade unionists remaining in detention.
   • (l) The Committee calls the Governing Body’s special attention to the grave situation relating to the trade union climate in the Islamic Republic of Iran.

B. The Government’s partial reply

1. 681. In its communication of 22 May 2010, the Government state that, in order to enhance social dialogue and establish grounds for the implementation of fundamental ILO Conventions, the Head of the Judiciary has accepted the request of the Minister of Labour and Social Affairs to take the necessary measures to grant a pardon to Mansour Osanloo. The Government adds that this agreement with the Judiciary constitutes part of a broader effort to address the issues raised in the cases concerning the Islamic Republic of Iran before the Committee and develop sound industrial relations.
2. 682. In its communication of 26 May 2010, the Government states that the Workers Commission of the National Security Council had approved the code of practice for managing and redeveloping trade union demonstrations. The said code stipulates that the Security Council of each province or city shall dispose of instances of disorder, illegal gatherings and unrest on a case-by-case basis, and provides for the deployment of disciplinary forces for security purposes at permitted gatherings and demonstrations of workers, and requires workers’ and employers’ organizations to provide notice of at least 21 days prior to engaging in demonstrations. Finally, the code provides that the relevant authorities, together with the Ministry of Labour and Social Affairs, are ready to exchange experiences and use the training or international institutions in the management of trade union demonstrations.

C. The Committee’s conclusions

1. 683. The Committee recalls that the present case concerns acts of harassment against members of the Tehran Vahed Bus Company (SVATH) union, including: demotions, transfers and suspensions without pay of union members; acts of violence against trade unionists; and numerous instances of the arrest and detention of trade union leaders and members.
2. 684. With respect to Mansour Osanloo, the President of the SVATH, the Committee welcomes the efforts by the Minister of Labour and Social Affairs to obtain the granting of a pardon for Mr Osanloo. Noting further that the Head of the Judiciary has accepted the Minister’s request for such a pardon, the Committee expects that these developments will lead to Mr Osanloo’s imminent release from prison. Recalling, moreover, that it had previously concluded that Mr Osanloo’s detention from 22 December 2005 to 9 August 2006 and the treatment received during this period constitute not only interference with his trade union activities, but an extremely grave violation of his civil liberties as well, the Committee once again expects the Government to carry out the necessary independent investigation in this regard as a matter of urgency. Furthermore, and recalling the allegations concerning the lack of proper medical attention, the Committee once again expects the Government to provide full particulars as to the current state of Mr Osanloo’s health.
3. 685. As regards Mr Madadi, Vice-President of the SVATH, the Committee deeply regrets that no information has been provided as to the measures taken to ensure his immediate release. The Committee therefore requests the Government to indicate whether Mr Madadi is still in prison and, if so, to take the necessary steps to ensure his immediate release. It further requests the Government to institute without delay an independent investigation into the allegations of ill-treatment to which he had been subjected while in detention. More generally, the Committee requests the Government to take the necessary steps to ensure the safety of both Mr Osanloo and Mr Madadi and to keep it informed of the steps taken in this regard.
4. 686. The Committee deeply regrets that no information has been provided with respect to the charges brought against a number of other trade union activists, and once again urges the Government to ensure that the charges against Ata Babakhani, Naser Gholami, Abdolreza Tarazi, Golamreza Golam Hosseini, Gholamreza Mirzaee, Ali Zad Hosein, Hasan Karimi, Seyed Davoud Razavi, Yaghob Salimi, Ebrahim Noroozi Gohari, Homayoun Jaberi, Saeed Torabian, Abbas Najand Koodaki and Hayat Gheibi are immediately dropped and that, if any of them are still being detained, that they be immediately released. Furthermore, the Committee once again urges the Government to provide any court judgements rendered in respect of these workers.
5. 687. In its previous comments, the Committee had noted the proposed amendments to article 131 of the Labour Law which appeared to permit trade union multiplicity, including at the workplace and national levels, and requested the Government to keep it informed of the progress made in adopting these amendments. The Committee deeply regrets that the Government has provided no information on the progress made in this regard. It firmly expects that the legislation will be brought into conformity with freedom of association principles in the very near future and urges the Government to provide detailed information in this respect. The Committee further once again urges the Government to deploy all efforts as a matter of urgency so as to allow for trade union pluralism, including through the de facto recognition of the SVATH union pending the introduction of the legislative reforms.
6. 688. As concerns its previous recommendations concerning the draft code of practice on the management and control of trade union and labour-related protests, the Committee takes note of the code of practice for managing and redeveloping trade union demonstrations transmitted by the Government. The Committee observes that the said code stipulates that the Security Council of each province or city shall dispose of instances of disorder, illegal gatherings and unrest on a case-by-case basis, and provides for the deployment of disciplinary forces for security purposes at permitted gatherings and demonstrations of workers.
7. 689. Observing that the code stipulates that the relevant authorities and the Ministry of Labour and Social Affairs are ready to exchange experiences and use the training of international institutions in the management of trade union demonstrations, the Committee calls on the Government as a matter of urgency to fully recognize the right of public protest and expression as an integral corollary of freedom of association. The Committee expresses the firm expectation that the Government will, in the very near future, avail itself of the technical assistance of the Office to ensure that the principles in the code of practice for managing and redeveloping trade union demonstrations, as well as the rules and regulations governing the holding of demonstrations and assemblies, guarantee freedom of association rights, including the right of workers’ organizations to carry out peaceful demonstrations without fear of arrest, detention or indictment by the authorities for engaging in such activity.
8. 690. The Committee further recalls its previous recommendations, as summarized below, and urges the Government to provide full information on their implementation:
   • – The Committee requests the Government to transmit a detailed report of the findings of the State General Inspection Organization (SGIO) and the Headquarters for the Protection of Human Rights into the allegations of workplace harassment during the period of the union’s founding, from March to June 2005, as soon as they are produced. It once again requests the Government, in the light of the information revealed by these investigations, to take the necessary measures to ensure that all employees at the company are effectively protected against any form of discrimination related to their trade union membership or their trade union activities.
   • – The Committee once again urges the Government to take the necessary measures to ensure that the 13 trade unionists found to have been wrongfully dismissed by the Tehran Dispute Settlement Board – and all other trade unionists who have not yet been reinstated and were found to have been the subject of anti-union discrimination – are fully reinstated in their positions without loss of pay.
   • – The Committee once again requests the Government to immediately institute a full and independent judicial inquiry into the attacks on union meetings in May and June 2005, in order to clarify the facts, determine responsibilities, prosecute and punish those responsible and thus prevent the repetition of such acts. The Committee requests the Government to keep it informed of developments in this regard, as well as to provide a copy of the court’s judgement in the action initiated by the union concerning these attacks once it is handed down.
9. 691. Finally the Committee, noting that three years have elapsed since its first examination of this case, and noting furthermore the seriousness of the matters contained therein – in particular the allegations of grave violations of civil liberties against numerous individuals – calls the Governing Body’s special attention to the extremely grave situation relating to the trade union climate in the Islamic Republic of Iran.