Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 380, Octubre 2016

Effect given to the recommendations of the Committee and the Governing Body

1. 36. The Committee last examined this case, in which the complainant alleged the continued repression of teachers and the obstruction of their exercise of legitimate trade union activities, including the arrest and detention of teachers following protest demonstrations, at its November 2008 meeting [see 351st Report, paras 910–989]. On that occasion, the Committee made the following recommendations [see 351st Report, para. 989]:
   • (a) The Committee requests the Government to amend the existing legislative framework so as to ensure that employers’ and workers’ organizations may exercise their freedom of association rights freely and without interference by the public authorities.
   • (b) The Committee requests the Government to take the necessary measures to ensure that trade unionists may exercise their freedom of association rights, including the right to peaceful assembly, without fear of intervention by the authorities. It further requests the Government to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations.
   • (c) The Committee requests the Government to undertake an independent inquiry into the allegations of ill-treatment endured by trade unionists in the course of their detention and, if they are proven true, to compensate the concerned parties for any damages suffered.
   • (d) The Committee urges the Government to ensure that the charges against all the trade unionists relating to their participation in the March-May 2007 protests are immediately dropped, that their sentences are annulled, and that they are fully compensated for any damages suffered as a result of the convictions.
   • (e) The Committee urges the Government to immediately stay the execution of Farzad Kamangar’s death sentence, annul his conviction and secure his release from detention. It also requests the Government to undertake an independent inquiry into the allegations of torture inflicted upon Mr Kamangar during his detention and, if proven true, to compensate him for any damages suffered as a result of the said treatment. Further noting the allegation that several members of the “Save Farzad Committee” established to demonstrate solidarity with Mr Kamangar have been arrested, detained, and subject to threats and intimidation, the Committee requests the Government to take the necessary steps to ensure that trade unionists may exercise their freedom of association rights, including the right to engage in peaceful expressions of solidarity, without fear of intervention by the authorities.
   • (f) The Committee requests the Government to initiate an independent inquiry into the allegations of discriminatory suspension and, if they are proven true, to lift the suspensions and any other prejudicial measures and compensate the parties concerned for any damages, including back pay, incurred as a result of their imposition.
   • (g) The Committee requests the Government to take the necessary measures, including the lifting of the bans on the Teachers’ Pen and the publication of news concerning protests or other labour-related activities, to ensure the right of trade unions to issue publications and express its opinions to the press. It further requests the Government to ensure the return of Mr Khaksari’s passport, as well as the exercise of the right of workers’ organizations to join the federation and confederation of their own choosing - including the right to participate in international trade union meetings - free from interference by the authorities. The Committee furthermore requests the Government to initiate an independent inquiry into the confiscation of trade unionists’ property during the April and October 2007 raids on trade unionists’ residences and, if the confiscations are found to be in violation of freedom of association principles, to fully compensate the parties concerned for any losses incurred.
   • (h) The Committee expresses its deep concern with the seriousness of the trade union climate in the Islamic Republic of Iran and calls the Governing Body’s special attention to the situation. It once again requests the Government to accept a direct contacts mission in respect of the matters currently pending before the Committee.
2. 37. In their communications dated 28 September and 12 November 2015, Education International (EI) and ITUC provide additional information concerning arbitrary detention of teacher unionists, obstacles to attending international union meetings and the use of violence to disperse a peaceful demonstration. EI indicates that persecution of teachers and their organizations continues; the recurrent and widespread protests of teachers against their low wages (below the national poverty line) are met by crackdown and criminalization; the authorities increased pressure on teachers and their associations prior to the opening of schools on 23 September 2015 with the intent to create a climate of fear and intimidation and to prevent further protests; teacher unionists face arrest, arbitrary detention and prosecution for exercising their legitimate rights to freedom of expression and association, generally being charged for acting against national security, and do not have any guarantee of due process and fair trial.
3. 38. In particular, the complainants allege that:
   • – On 1 March 2015, Milad Darvish, a labour activist, filmmaker, and honorary member of the Iranian Teachers’ Trade Association (ITTA), was detained when a group of teachers protested over a review of job classifications in front of the National Assembly. He was detained for 12 days in Evin prison. On 22 August 2015, he was arrested again and charged with propaganda against the system and acting against national security. On 27 September 2015, Mr Darvish was released on a bail of 50 million Iranian tomans (500 million Iranian rials (IRR)).
   • – On 20 April 2015, four days after thousands of teachers protested against low wages in 37 cities in Iran, Alireza Hashemi, head of the ITTA was detained and transferred to Evin prison to serve a five-year sentence originally handed down in 2013.
   • – On 25 May 2015, Ali Akbar Baghani was summoned by the authorities to serve a suspended six-year sentence issued in 2006 on charges of propaganda against the regime. The authorities provided no information about the reasons for carrying out the sentence at that time.
   • – On 27 June 2015, Esmail Abdi, the General Secretary of the ITTA-Tehran, was taken into custody after he had been prevented from travelling to Armenia to obtain a travel visa to Canada, where he had been invited to attend EI’s 7th World Congress as representative of the Cooperative Council of Iranian Teachers’ Trade Associations (CCITTA) and guest speaker. Mr Abdi’s passport was confiscated at the border and he was instructed to return to Tehran in order to meet with the prosecutors. After having reported to the prosecutor’s office, he was arrested, held in solitary confinement and later transferred to the general ward of Evin prison. In October 2015, there was still no information about the charges brought against him and since his file is considered a “national security” case, his lawyer is not recognized by the judiciary and only lawyers selected by the Government can represent him. Mr Abdi had already been detained several times and had been sentenced to a conditional ten years of imprisonment. During the teachers’ protests in April 2015, he was summoned and threatened that the sentence would be executed if he did not resign from his union position but his resignation was rejected by the board of the ITTA-Tehran. The unjustified detention of the union leader had angered the community of teachers and there had been active responses to his arrest throughout the country.
   • – Rasoul Bodaghi is one of the numerous teacher activists who were arrested following post-election demonstrations of June 2009. Mr Bodaghi was charged for assembly and collusion with the intent to disrupt national security as well as for propaganda against the State. He was sentenced to a six-year sentence and banned for five years from social and cultural activities. Despite having completed his prison term in August 2015, new charges were brought against him and he was condemned to a further three years in custody.
   • – On 17 August 2015, Mahmoud Bagheri, board member of the ITTA-Tehran was released after having been imprisoned for 44 months.
   • – On 31 August 2015, following a ruling by the branch 2 of the Evin prison Court, Mohammadreza Niknejad and Mehdi Bohlouli, board member and member of the ITTA-Tehran respectively, were both arrested in raids to their homes in Tehran with intelligence agents seizing their belongings; charges against them included attending teachers’ gatherings. On 29 September 2015, they were released on an IRR3 billion bail. Ali-Hossein Panahei, member of the ITTA-Tehran, was arrested in the city of Sanandaj. All three workers will have to face trials.
   • – On 5 September 2015, Mahmoud Beheshti Langroodi, leader of the ITTA-Tehran, was part of a meeting between the ITTA and the authorities to discuss the problems teachers in Iran continue to face. The next day, Mr Beheshti Langroodi was arrested by security forces at his home following an order for arrest. Security forces searched his home and confiscated some of his belongings. Mr Beheshti Langroodi is currently detained in Evin prison.
   • – Abdolreza Ghanbari, a university lecturer and teacher unionist, has been detained since January 2010. He was first condemned to death for enmity with God but in June 2013, a Revolutionary Court commuted the sentence to 15 years of imprisonment and exiled him in Borazjan in the South of the Islamic Republic of Iran.
   • – On 7 October 2015, 14 teachers were arrested and detained for several hours in a detention centre in Tehran for scheduling a peaceful protest. They were told that they would be arrested again if they participated in the protest scheduled on 8 October 2015.
   • – On 15 October 2015, Mr Ramin Zandnia, an active member of ITTA-Kurdistan for about 15 years, an environmentalist and a well-known teacher in Kurdistan, was arrested by the Revolutionary Army, along with his wife Ms Parvin Mohammadi, a human rights activist, and their eight-year-old daughter, while they were travelling from Ankara, Turkey where Mr Zandnia went, as representative of the CCITTA, to support the leaders of the Confederation of Public Sector Workers’ Unions (KESK) in court. The security forces questioned Mr Zandnia’s daughter before leaving her with her aunt at the end of the day. Mr Zandnia and Ms Mohammadi were taken to one of the camps in Saqez, Kurdistan where they underwent severe interrogation and were told that they would be transferred to Sanandaj, the capital of the Kurdistan province the next day. Their current whereabouts are unknown. Mr Zandnia was told that he was accused of being a spy for international unions. He had previously been arrested several times and was once sentenced to four months in prison, which had been suspended for two years.
4. 39. EI also alleges that several teacher unionists were prevented from travelling abroad to attend international trade union events. In particular, four representatives of the CCITTA registered to attend EI’s 7th World Congress in Ottawa, Canada in July 2015 but none of them could attend the event. While two did not obtain their visas from the Canadian authorities, the other two were held by the Iranian authorities: Esmail Abdi was arrested on 27 June 2015 after his passport was seized to prevent him from travelling to Armenia to obtain a visa for Canada and Peyman Nodinian had his passport seized on 15 June 2015 as he was travelling to Armenia for the same reason. EI alleges that the efforts of the authorities to prevent teacher unionists from attending EI’s World Congress constitute an infringement of international human rights Conventions protecting freedom of expression and association, as well as the right to travel.
5. 40. EI further alleges that, on 22 July 2015, the authorities used violence to brutally disperse a protest of over 2,000 teachers who had gathered from many cities to peacefully assemble in front of the Parliament in Tehran at the initiative of the CCITTA. The teachers asked for the release of their colleagues and requested the Government to guarantee the rights of all education workers and unionists as prescribed by international instruments and Conventions and to promote quality public education for all. Despite the severe crackdown, the protest continued until noon and a large number of teachers were present although they were scattered around. The nearby metro station and adjacent streets were full of security forces and plain-clothes agents, with reports indicating that there were up to five security officers in plain clothes for each teacher. Motorcycle riders from the special anti-riot forces roamed the streets to terrorize people and cell phones were confiscated to prevent protesters from taking pictures. According to EI, security forces arrested over 200 protesters, out of which 92 were taken to temporary detention centre in Vozara Street in Tehran, where they received a speech by the attorney general, were detained for several hours and were subsequently released, with the exception of six teacher activists who were kept in custody.
6. 41. In its communication dated 26 October 2015, the Government states that pursuing labour rights through union protests is one of the fundamental rights recognized by articles 26 and 27 of the Constitution, an implicit reference to it is also made in sections 142 and 143 of the Labour Act and section 73(e) of the Act on the 5th Economic Development Plan provides that strengthening workers’ and employers’ organizations entails their legal right to union protests. In execution of articles 26 and 27 of the Constitution, the Government also adopted a by-law on managing trade union demands in 2011. Over the last two years, many decisions and measures have been taken to address teachers’ unions’ demands including improvement of payments and upgrading their status and part of such decisions had already been implemented. The Government also states that it is prepared to receive ILO technical assistance on exchange of experiences and take advantage of training on management of labour gatherings.
7. 42. The Government further indicates that:
   • – Mehdi Bohluli and Mohammadreza Niknejad were arrested on 1 September 2015 and were released on bail on 29 September 2015.
   • – Alireza Hashemi had previously been arrested in March 2006, following the assembly of teachers in front of the National Parliament and imprisoned for three years. However, the decision was overturned and he was acquitted on appeal. In 2010, he was charged with assembly and collusion to disturb national security and propagation against the State and was sentenced to a five-year term of imprisonment with the execution of the sentence delayed until 19 April 2015. He is currently serving his sentence in Evin prison, but on 29 June 2015, the Minister of Education hosted Mr Hashemi’s family and in his capacity as Minister subsequently requested a commutation of his sentence.
   • – On 22 August 2015, an indictment was issued against Esmail Abdi on charges of assembly and collusion to commit crimes against national security and propagation against the State, and the case had been sent to the court.
   • – Ali-Hossein Panahi is being prosecuted for having insulted the Supreme Leader. His case had been referred to the court of Sanandaj where he was sentenced on 16 September 2015 to two years of discretionary imprisonment after investigation and verification of the alleged offence. The verdict is not yet final but the charges are not linked to union activities.
   • – Rasoul Bodaghi was charged with assembly and collusion to commit crimes against national security and propagation against the State. On 24 July 2010, he was sentenced to a five-year term of imprisonment and one year in prison taking into account the time previously spent in detention. Mr Bodaghi lodged an appeal against the verdict, which was investigated by Branch 54 of Tehran Province Court of Appeal but on 15 January 2011, it was rejected. Since 1 September 2010, Mr Bodaghi has thus been serving his prison sentence in Rajaee Shahr prison, has enjoyed all health and welfare amenities available and has received medical treatment outside the prison on five occasions.
   • – Mr Milad Darvish was acquitted of all charges.
8. 43. In its communication dated 16 January 2016, the Government indicates that the Teachers Association of Iran has always demanded for salary increase and the Government has always tried to positively respond to such labour demands despite economic problems facing the country. The Ministry of Education proposed a Teachers’ Classification Scheme to motivate teachers to further build their capabilities, improve the quality of their teaching services, enhance educational effectiveness, provide more economic opportunities and improve teachers’ living conditions. According to the scheme, teachers, high-school teachers, art teachers, educational trainers, counsellors, health trainers, principals and assistant principals of schools and education and training institutions are classified into five primary, basic, senior, expert and certified professional ranks and those categorized will be entitled to 15, 25, 35 and 50 per cent increments of job allowance respectively. On 24 April 2015, the Council of Ministers approved the proposal and on 31 August 2015, the procedure for application of the scheme was approved by the President Council for Management and Human Capital Development. On 6 September 2015, the necessary directives were issued by the Minister of Education as well as the new employment orders for salary increase. Based on the available data, more than 700,000 teachers are subjected to the scheme. According to the Government, such initiatives will further motivate teachers to improve their ability and quality of teaching services and provide teachers with economic opportunities to upgrade their living conditions.
9. 44. With regard to the issues raised by the Committee in its previous recommendations, the Government indicates that it had performed necessary reviews and discussed with the Ministry of Education, which committed to taking due consideration of claims as well as demands for freedom of association and right to organize and make every effort in this regard. According to the Government, some points raised by the Committee are irrelevant to labour matters and freedom of association, some issues have been addressed legally and others have been settled. The Government states that only a few subject matters still exist and are being dealt with and will be finalized. Following inquiries from the judiciary regarding the persons in question, it was stated that the charges had nothing to do with labour activities, as the workers had been investigated or interrogated for having committed offences against national security or in relation to terrorist or subversive groups.
10. 45. Finally, the Committee notes that the Government provided extensive information relating to this case in a communication dated 26 October 2016 which it will examine when it next considers this case.
11. 46. The Committee notes that the additional information provided by the complainants denounces the general climate of fear and intimidation in the Islamic Republic of Iran and contains specific allegations of persecution, arrest, interrogation, arbitrary detention and prosecution of teacher trade unionists for legitimate trade union activities. The Committee notes that the alleged acts occurred between March and October 2015, often in the context of demonstrations and protests, which were at times accompanied by raids on houses and confiscation of personal belongings and concern the following trade unionists: Milad Darvish, Alireza Hashemi, Ali Akbar Bahgani, Esmail Abdi, Rasoul Bodaghi, Mahmoud Bagheri, Mohammadreza Niknejad, Mehdi Bohlouli, Ali-Hossein Panahei, Mahmoud Beheshti Langroodi, Abdolreza Ghanbari, Ramin Zandnia and Parvin Mohammadi, as well as 14 other teachers. Observing that many teacher unionists were arrested and convicted for “enmity with God”, “assembly and collusion with the intent to disrupt national security” and “propagation against the regime” and that its previous examination of this case revealed the imposition of similar charges on other trade unionists, the Committee notes with concern the allegation that the judicial procedures often lacked guarantees of due process and fair trial, were followed by severe sentences, including imprisonment for several years, and that some of the convicted unionists had had their charges renewed upon completion of their prison sentences. The Committee also notes with deep concern the allegation that the whereabouts of Mr Zandnia and Ms Mohammadi have been unknown since their arrest on 15 October 2015.
12. 47. The Committee notes the Government’s indication that it has always tried to respond positively to labour demands and many measures had been taken over the last two years to address teachers’ unions’ demands, such as the adoption of the Teachers’ Classification Scheme, which aims at enhancing educational effectiveness and providing teachers with economic opportunities to upgrade their living conditions. Further noting the Government’s observations in relation to some of the specific allegations put forward by the complainants concerning Milad Darvish, Alireza Hashemi, Esmail Abdi, Rasoul Bodaghi, Mehdi Bohluli, Mohammadreza Niknejad and Ali-Hossein Panahi, the Committee observes that most of the information provided amounts to general affirmation of the charges and the dates of arrest, judgment and release from custody, if applicable, and provides little detail as to the precise circumstances and reasons for arrest or the judicial guarantees applied to the trials. The Committee also notes that, while the complainants allege that the above measures were motivated by legitimate trade union activities, the Government denies that the charges were connected to trade union activities and affirms that the workers were accused of having committed offences against national security or in relation to terrorist or subversive groups,. The Committee regrets that the Government fails to provide information on the specific allegations concerning Ramin Zandnia, Parvin Mohammadi and 14 other union members, as well as the raids of houses, confiscation of personal belongings and renewal of charges after completion of prison sentences.
13. 48. The Committee also understands that in February 2016, Mr Abdi was sentenced to six years of imprisonment, and, that between April and May 2016, Mr Abdi, Mr Beheshti Langroodi and Mr Bodaghi appear to have been temporarily released from prison while awaiting trial and that Mr Bodaghi was charged with “insulting the supreme leader”.
14. 49. Taking into account all of the above, as well as the its previous recommendations in this case, the Committee considers that the situation described raises serious concerns as to the climate for freely exercising trade union activity and may be characterized by regular violations of civil liberties and systematic use of the criminal law to punish trade unionists for exercising legitimate trade union activities. In this regard, the Committee recalls that the detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular. In cases where the complainants alleged that trade union leaders or workers had been arrested for trade union activities, and the governments’ replies amounted to general denials of the allegation or were simply to the effect that the arrests were made for subversive activities, for reasons of internal security or for common law crimes, the Committee has always followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings in order to be able to make a proper examination of the allegations [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras 64 and 111]. In light of these principles and bearing in mind the prosecution of many trade unionists on charges of propaganda against the State and acting against national security, the Committee requests the Government to ensure that the charges against trade unionists relating to their participation in peaceful demonstrations and legitimate trade union activities between March and October 2015, are immediately dropped, that their sentences are annulled and the detained workers released and that they are fully compensated for any damages suffered as a result of the convictions. The Committee further requests the Government to initiate an independent inquiry into the confiscation of trade unionists’ property during the raids on their residences and, if confiscations are found to be in violation of freedom of association principles, to fully compensate the parties concerned for any losses incurred. The Committee urges the Government to take the necessary measures to institute an independent inquiry as to the arrest and detention of Mr Zandnia and Ms Mohammadi in order to identify their current whereabouts, determine the reasons for their detention and fully compensate them for any damage suffered. The Committee requests the Government to inform it of any developments in these matters.
15. 50. The Committee further notes with concern the allegation of increased persecution, intimidation and pressure on teacher unionists as well as the confiscation of the travel documents of Mr Abdi and Mr Nodinian in order to prevent them from attending international union meetings. Regretting that the Government does not provide any specific observations on this point, the Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected. Participation by trade unionists in international trade union meetings is a fundamental trade union right and governments should therefore abstain from any measure, such as withholding travel documents, that would prevent representatives of workers’ organizations from exercising their mandate in full freedom and independence [see Digest, op. cit., paras 44 and 153]. The Committee, therefore, requests the Government to take the necessary measures to ensure the return of Mr Abdi’s and Mr Nodinian’s travel documents and the free exercise of trade union rights, including participation in international trade union meetings, without pressure or threat of any kind and to keep it informed of any developments in this regard.
16. 51. The Committee notes that the complainants also allege that the protest of 22 July 2015 was dispersed by security forces, plain-clothes agents and anti-riot forces. Noting with concern the allegation that the violent dispersal of the protest, in which more than 2,000 teachers participated, was coupled with the arrest of 200 workers, 92 of whom were taken into temporary detention and released several hours later, while six were kept in custody, the Committee regrets that the Government does not provide any information on this point. In this regard, it wishes to emphasize that workers should enjoy the right to peaceful demonstration to defend their occupational interests. The authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace. The police authorities should be given precise instructions so that, in cases where public order is not seriously threatened, people are not arrested simply for having organized or participated in a demonstration [see Digest, op. cit., paras 133, 140 and 151]. The Committee requests the Government to take the necessary measures to ensure that trade unionists may exercise their freedom of association rights, including the right to peaceful assembly, without fear of intervention by the authorities and trusts that the Government will ensure that the use of police and military force during protests and demonstrations is strictly limited to situations where law and order are seriously threatened, in line with the mentioned principles. It also requests the Government to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations.
17. 52. With regard to its previous recommendations in this case, the Committee notes the Government’s statement that the Ministry of Education is committed to taking labour claims and demands for freedom of association and the right to organize into due consideration and feels obligated to make every effort in this regard. It further notes the Government’s indication that it is prepared to receive ILO technical assistance on exchange of experiences and take advantage of training on management of labour gatherings. In light of the seriousness of the matters raised in this case and the trade union climate in the Islamic Republic of Iran, the Committee urges the Government to engage with the ILO in the near future so as to identify the steps necessary to create an environment where trade union rights can be freely exercised.
18. 53. Finally, the Committee must express its deepest regret and condemnation over the execution of trade unionist Farzad Kamangar on 9 May 2010, who had been detained in various prisons since July 2006 and, after a trial characterized by procedural irregularities, found guilty in 2008 of endangering national security and being in enmity with God. The Committee deeply deplores this act which is contrary to the most basic principles of the Universal Declaration of Human Rights and the fact that the Government has totally ignored its previous recommendations. The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.