Informe provisional - Informe núm. 371, Marzo 2014

1. 550. The Committee has already examined the substance of this case on seven occasions, most recently at its June 2013 meeting, when it presented an interim report to the Governing Body [368th Report, paras 567–583, approved by the Governing Body at its 318th Session (June 2012)].
2. 551. The Government sent its observations in a communication dated 13 October 2013.
3. 552. The complainants submitted new allegations in a communication dated 12 February 2014.
4. 553. 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. 554. At its June 2013 meeting, the Committee made the following recommendations [see 368th Report, para. 583]:
   • (a) As regards the allegations of ill-treatment to which Mr Ebrahim Madadi, Vice-President of the SVATH, has been subjected while in detention, while taking note of the information provided by the Government indicating that Mr Madadi would be entitled to seek a variety of existing legal and judicial means and channels to sue any such allegations, but that no such file has yet been registered with the public court of law, the Committee once again urges the Government to institute without delay an independent investigation into these serious allegations and, if they are found to be true, to compensate him accordingly.
   • (b) With respect to Mr Reza Shahabi, Treasurer of the Syndicate of Workers of Tehran and Suburbs Bus Company, the Committee understands that he was temporarily released from prison in January 2013 to receive medical treatment, but he is currently back in prison. The Committee calls on the Government to secure his parole, pardon and immediate release from prison and the dropping of any remaining charges. The Committee firmly expects that Mr Shahabi will have his rights restored and that he will be compensated for the damage suffered. It requests the Government to carry out the necessary independent investigation into the serious allegations of ill-treatment to which he has been subjected while in detention, and, if they are found to be true, to compensate Mr Shahabi accordingly. The Committee requests the Government to keep it informed in this regard.
   • (c) With regard to the Labour Law reform, the Committee once again requests the Government to specify the social partners which took part in this process and to clarify the actual status of the labour law. It urges the Government to provide a copy of this text.
   • (d) Noting that the Government does not provide any indication in relation to the de facto recognition of the SVATH, the Committee once again urges it to ensure such recognition, pending the implementation of the legislative reforms, and to transmit a detailed report of the findings of the 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. It once again requests the Government, in 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 requests the Government to keep it informed in this regard, as well as to provide a copy of the court’s judgment on the action initiated by the union concerning the attacks on union meetings in May and June 2005, once it is handed down.
   • (e) The Committee also once again requests the Government to provide a copy of the Code of Practice on the Administration of Labour Demonstrations and Assemblies.
   • (f) The Committee calls the Governing Body’s special attention to the extremely serious and urgent nature of this case.

B. The complainants’ new allegations

1. 555. In their communication dated 12 February 2014, the complainants recall that Mr Reza Shahabi has been in custody since June 2010 and is serving a six-year prison sentence. The complainants allege that, as a result of the brutal treatment he received when he was arrested in 2010, beatings and torture during interrogations and denial of medical treatment, Mr Shahabi is suffering from a number of reported health problems. These include liver and kidney dysfunction, severe pain in his back, and a loss of sensation in his left leg, which limits his ability to move, wash himself or even go to the toilet without help from others. In August 2012, Mr Shahabi received an operation on his spine; however, contrary to doctors’ recommendations, he was sent back to prison. A subsequent examination by a state medical examiner officially declared that the discs in three vertebrae of his spine were destroyed and that he should be immediately hospitalized and operated on. In October 2013, Mr Shahabi was examined by specialists at the Imam Khomeini hospital, who prescribed immediate physiotherapy and hydrotherapy outside prison. According to the complainants, the doctors emphasized that without this treatment, severe physical disorders, including loss of sensation and disability in the left part of his body, were probable. The complainants call for Mr Shahabi’s immediate and unconditional release from prison and request the Iranian authorities to ensure that he is provided with the proper medical attention he requires.

C. The Government’s reply

1. 556. In its communication dated 13 October 2013, the Government reaffirms its commitment to the implementation of fundamental principles and rights at work, tripartism and social dialogue. The Government also indicates that its new initiatives are aimed at settling the cases pending before the Committee. Recalling the importance of the Committee’s recommendations, the Government reiterates its full preparedness to cooperate with the International Labour Standards Department.
2. 557. Concerning the above recommendations (a) and (b), the Government submits that the Minister of Cooperatives, Labour and Social Welfare has repeatedly urged the judiciary to do its utmost to seek the parole and pardon or to shorten the prison term of Mr Reza Shahabi to the shortest possible. The Government indicates that it fervently continues to seek his release in the shortest time possible. In respect of the allegations of ill-treatment to which Mr Ebrahim Madadi and Mr Reza Shahabi have been subjected while in detention, the Government indicates that in June 2013, it has communicated the Committee’s request to the Senior Adviser of the Chief of the Judiciary and the High Council for Human Rights. In July 2013, it wrote to the Ministry of Justice, seeking an independent investigation of the cases and information thereon. The Government states that despite its earnest and genuine intention to positively comment on these allegations as soon as possible, it has to wait for the report of the judiciary. The Government affirms that it has not spared any effort in reminding the judiciary of the importance of the fundamental principles and rights at work and the need for the protection of freedom of association. The Government assures the Committee that it will continue to do its utmost to genuinely address its concerns, including obtaining a fair and final pardon of Mr Reza Shahabi. The Government is optimistic that its sincere efforts may bear fruit in the near future as the new Government is categorically against any form of detention of the social and trade union activists.
3. 558. In reply to recommendation (c), the Government forwards a copy of the draft amendments to the Labour Law which were submitted to Parliament on 2 December 2012. The Government explains that the text of the proposed amendments is being meticulously examined by various special committees of Parliament. Upon their final examination, the proposed bill will be submitted to Parliament for final approval. The Government also indicates that the draft amendments are the fruit of long and laborious consultations initiated by the Ministry of Cooperatives, Labour and Social Welfare, the Iranian Confederation of Employers’ Associations and the three most representative workers’ confederations, including the Confederation of Workers’ Trade Unions, the High Council of Workers’ Representatives and the Confederation of the Islamic Labour Councils. The results of the social partners’ deliberations are duly incorporated in the proposed amendments. The Government requests the Committee, in the context of ILO technical cooperation, to make its comments on the draft so as to ensure that it is in full compliance with the respective ILO instruments.
4. 559. With regard to recommendation (d), the Government indicates that as per the Labour Law, all workers’ and employers’ organizations are requested to freely and without constraint register their associations with the Ministry of Labour to help the Government to fulfil its reporting obligations toward the ILO and other pertinent international organizations. According to the Government, once the members of the Syndicate of Tehran and Suburbs Bus Company submit their registration request together with the by-laws of their association to the Department General of Cooperatives, Labour and Social Welfare of Tehran Province, the request will be duly processed in line with the provision of Chapter VI of the Labour Law. The Government indicates that so far, no such action has been taken in this regard by the syndicate.
5. 560. According to the Government, the Labour Law provides that the Tehran Vahed Bus Company (SVATH) union, as an alleged trade union, can exercise its de facto and de jure right to freely embrace the membership of the Confederation of Iranian Workers’ Trade Unions. Since its coming into being, the latter has provided wide opportunities for trade unions’ activists of all walks of trade to enter into collective bargaining with both the government and major enterprises over the protection of trade union rights of its members. The Government further indicates that the Suburban Drivers’ Association, as a member of the above Confederation, has succeeded in taking some giant steps for the protection of the rights of professional drivers all over the Islamic Republic of Iran. Reportedly, the Confederation of Workers’ Trade Unions has attempted twice to invite the SVATH union to examine the possibility of affiliation.
6. 561. The Government reiterates, as regards the clashes of 2005, that its officials were not in any manner involved in the incidents. It states that due to the separation of powers, it may not reasonably intervene or take sides in trade union disputes or urge the judiciary to abrogate their rulings and decisions. The Government indicates that the 2005 labour dispute between the two contending parties shall be heard on its merits by the competent court.
7. 562. Concerning the allegations of barring workers to freely form their associations or exercise their trade union rights, the Government indicates that, according to the Labour Law, no employer is allowed to threaten trade union activists for their legal representation or unilaterally and prematurely terminate their employment contracts. In such cases, upon receiving a worker’s complaint, the Labour Inspection Office of the Ministry of Cooperatives, Labour and Social Welfare will conduct a thorough and immediate investigation and refer the offender to the legal authority.
8. 563. In reply to recommendation (e), the Government submits a copy of the by-law on Managing and Organizing Labour Demands (dealing with demonstrations and assemblies) adopted by the National Security Council on 11 July 2011. It further indicates that it welcomes the possibility of an ILO technical cooperation for the training of its disciplinary forces for the proper management of labour protests.

D. The Committee’s conclusions

1. 564. The Committee recalls that this case, initially filed in July 2006, concerns acts of repression against the local trade union at the bus company, including: harassment of trade unionists and activists; violent attacks on the union’s founding meeting; the violent disbanding, on two occasions, of the union general assembly; and the arrest and detention of large numbers of trade union members and leaders under false pretences (disturbing public order, illegal trade union activities).
2. 565. The Committee notes the information provided by the Government on its efforts to address the Committee’s recommendations (a) and (b). It notes, in particular, the indication that the Minister of Cooperatives, Labour and Social Welfare has repeatedly urged the judiciary to do its utmost to seek the parole and pardon or to shorten the prison term of Mr Reza Shahabi to the shortest possible. In respect of the allegations of ill-treatment to which Mr Ebrahim Madadi and Mr Reza Shahabi have been subjected while in detention, the Government indicates that in June and July 2013, it has communicated the Committee’s request to the Senior Adviser of the Chief of the Judiciary, the High Council for Human Rights and the Ministry of Justice, seeking an independent investigation of the cases and information thereon. The Government states that, despite its earnest and genuine intention to comment positively on these allegations as soon as possible, it has to wait for the report of the judiciary. The Government assures the Committee that it will continue to do its utmost to genuinely address its concerns, including obtaining a fair and final pardon of Mr Reza Shahabi. The Committee notes the Government’s hope that its efforts may bear fruit in the near future, and welcomes the indication that the new Government is categorically against any form of detention of the social and trade union activists. Recalling that the membership of a State in the International Labour Organization carries with it the obligation to respect in national legislation and practice freedom of association principles, and that the ultimate responsibility for ensuring respect for the principles of freedom of association lies with the Government, the Committee expects that the Government will be able to report without further delay on the outcome of independent investigations into the allegations of ill-treatment to which Mr Ebrahim Madadi, Vice-President of the SVATH union, and Mr Reza Shahabi, Treasurer of the Syndicate of Workers of Tehran and Suburbs Bus Company, have been subjected to while in detention. The Committee further expects that if these allegations are found to be true, both union leaders will be compensated accordingly. The Committee notes the ITUC and ITF allegations submitted in a communication dated 12 February 2014 and expresses its deep concern over the poor health of Mr Shahabi and his ongoing imprisonment without access to the medical treatments he requires. The Committee therefore urges the Government to secure without further delay Mr Shahabi’s parole, pardon and immediate release from prison, the dropping of any remaining charges, as well as the restoration of his rights and the payment of compensation for the damage suffered. The Committee requests the Government to keep it informed in this regard.
3. 566. With regard to the registration of the SVATH union, the Committee notes that on the one hand, the Government indicates that as per the Labour Law, all workers’ and employers’ organizations are requested to freely and without constraint register their associations and that once the members of the SVATH union submit their registration request together with the by-laws of their association to the Department General of Cooperatives, Labour and Social Welfare of Tehran Province, this request will be duly processed in line with the provision of Chapter VI of the Labour Law. On the other hand, the Government explains that, pursuant to the Labour Law, the SVATH union, as an “alleged trade union”, can exercise its de facto and de jure right to freely embrace the membership of the Confederation of Iranian Workers’ Trade Unions, but has so far declined to do so. The Committee recalls that one of the issues raised in this case is the issue of organizational monopoly enshrined in the current Labour Law and that registration of organizations outside the existing structures is impossible. The Committee notes the draft amendments to the Labour Law and the information provided by the Government thereon. The Committee examines the draft amendments in the framework of Case No. 2807 below (see paras 570–579). Pending the implementation of the legislative reforms, the Committee urges the Government to indicate the concrete measures taken to ensure the de facto recognition of the SVATH union, irrespective of its non-affiliation to the Confederation of Iranian Workers’ Trade Unions.
4. 567. The Committee regrets that, as regards the events of 2005, the Government merely reiterates that its officials were not in any manner involved in the incidents. It states that due to the separation of powers, it may not intervene or take side in trade union disputes or urge the judiciary to abrogate their rulings and decisions. The Government further indicates that the 2005 labour dispute between the two contending parties shall be heard on its merits by the competent court. In the absence of any new information, the Committee is bound to reiterate its previous request for 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. It once again requests the Government, in 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 requests the Government to keep it informed in this regard, as well as to provide a copy of the court’s judgment on the action initiated by the union concerning the attacks on union meetings in May and June 2005, once it is handed down.
5. 568. The Committee takes note of the by-law on Managing and Organizing Labour Demands (dealing with demonstrations and assemblies) adopted by the National Security Council on 11 July 2011 and welcomes the Government’s request for an ILO technical cooperation for the training of its disciplinary forces for the proper management of labour protests. The Committee expects that the Government will engage with the Office in this respect without delay and requests it to keep it informed on the progress made in this regard.