Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

1. The Committee notes the information provided by the Government in its report for the period ending 30 June 1992. It has also taken note of the information contained in the reports on the human rights situation in the Islamic Republic of Iran prepared by the Special Representative of the United Nations Commission on Human Rights (UN documents A/47/617 of 13 November 1992, E/CN.4/1993/41 of 23 December 1992 and E/CN.4/1993/41/Add.1 of 5 February 1993) and in the report of the Special Rapporteur of the Commission on Human Rights on the implementation of the Declaration of All Forms of Intolerance and of Discrimination Based on Religion or Belief (UN document E/CN.4/1992/52 of 18 December 1991).

Discrimination based on religion

2. The Committee notes from the above-mentioned UN reports that:

(i) Baha'is are forbidden to be recruited for government positions in accordance with the law;

(ii) Baha'is continue to be dismissed from government employment and have not been able to obtain reinstatement, and in some cases have had to return salaries or pensions received as public employees;

(iii) the retirement pensions of Baha'is dismissed on religious grounds have been terminated;

(iv) Baha'is have been ordered to close their businesses and Baha'i farmers continue to be denied admittance into farmers' cooperatives;

(v) Baha'is continue to be denied access to institutions of higher education, and although Baha'i children and youths who had been expelled have been allowed to return to elementary and secondary schools, in January 1991, Baha'i children's classes were ordered to be closed;

(vi) according to a circular issued by the Supreme Revolutionary Cultural Council on 25 February 1991 which establishes the policy to be followed concerning practitioners of the Baha'i faith, they are not to be expelled from the country without reason, nor shall they be detained, imprisoned or punished without reason but their progress and development shall be blocked; they shall be expelled from university; they shall be permitted to lead a modest life similar to that of the population in general; they shall be allowed the normal means to life such as ration books, passports and work permits but employment shall be refused to persons identifying themselves as Baha'is and they shall be denied positions of influence, for example in the education sector;

(vii) followers of the Zoroastrian faith, which is one of the four religions officially recognized by the Constitution of the Islamic Republic of Iran, have on occasion been subject to closing of businesses and denial of employment.

3. The Committee recalls that most of these points, with the exception of the circular, were raised in its 1991 observation, to which the general information contained in the Government's last report did not respond. The Committee is therefore bound to request information on the following points.

4. The Committee notes with concern the reference to the circular of the Supreme Revolutionary Cultural Council of 25 February 1991, for while it provides that persons professing the Baha'i faith are to be allowed to earn a living and are entitled to work permits, it also states that they are to be denied employment, expelled from university and in general their progress and development is to be blocked. The Committee would be grateful if the Government would supply a copy of this circular and would indicate the manner in which it is enforced. In the meantime, based on the reported contents of the circular, the Committee urges the Government to re-examine its contents in the light of the requirements of Articles 1, paragraph 1(a), and 3(c) and (d), of the Convention, which call for repealing of all statutory provisions and modifying all administrative instructions and practices inconsistent with the policy of equal opportunity and treatment.

5. The Committee also requests detailed information on the impact on Baha'is of the measures set out in the above mentioned circular with respect to:

- access to employment, both in the private sector and in the public service (including opportunities for the reinstatement of those previously dismissed from government service);

- access to higher education and training;

- terms and conditions of employment;

- pensions and other social security rights;

- the operation of shops, the pursuit of peasant farming and the exercise of other independent occupations.

6. The Committee had previously noted a directive of the Ministry of Labour, published on 8 December 1981, requiring courts to withhold any judgement in favour of dismissed employees proved to have been members of the Baha'i group or of any organization whose constitution negated divine religions. Recalling the Government's statement in the Conference Committee in 1988 that this directive was no longer in force, the Committee reiterates its request of the Government to communicate the text which repealed the directive and to indicate whether it has been replaced by another text.

7. The Committee recalls that pursuant to the terms of the Prime Minister's Directive No. M/11/4462 of 1989, it is forbidden to deny citizens, whatever their belief, their social and legal rights if they have not been recognized as spies by the competent authorities or if they have not been condemned to a sentence depriving them of their rights. The Committee again requests the Government to furnish information on the precise effect of the directive in relation to equality of opportunity and treatment irrespective of religion, in particular for the Baha'is, as well as for persons following the Zoroastrian faith and persons not professing any religion.

8. The Committee recalls that, according to an Act of 14 May 1982 giving effect to article 163 of the Constitution, requirements for selection of judges include professing Islamic faith and enjoying qualifications in Islamic law or theology. The Committee again requests the Government to provide information on the provision for the hearing of claims by members of recognized religious minorities by judges of their own faith and the number of religious minorities who hold positions of judicial authority.

9. With respect to questions concerning the employment of persons belonging to Freemasonry which the Government previously reported had arisen but no longer exists, the Committee once again requests the Government to indicate the measures taken to enable persons who were removed from office or dismissed on this ground to be reinstated.

10. Recalling the Act on Islamic Labour Councils of 1985 which provides for the establishment of such councils in industrial, agricultural and service undertakings and that candidates for election to these councils must be practising Muslims, followers of the "Velayat Faghig", or members of the Jewish, Christian or Zoroastrian minorities, and noting the continued reference to the existence and functions of the Councils in the new Labour Code, adopted on 17 February 1991, the Committee would appreciate information on: (a) the reasons for excluding persons who do not meet the above-mentioned criteria from eligibility to the Councils; (b) the practical effect of requiring Muslim candidates to be followers of the "Velayat Faghig" and the reasons for this requirement; and (c) whether restrictions similar to those stated above apply to other aspects of industrial relations and employment and occupation and if so, please supply the relevant texts.

The situation of women workers

11. The Committee notes from the above-mentioned UN reports that women continue to be banned from pursuing studies in agriculture, engineering, mining and metallurgy and from becoming judges; and that the employment rate of women has been drastically reduced, from 13 to 6.5 per cent. The Committee requests the Government to provide information on the bases for denying access to such fields of study in higher education and to indicate the measures taken to promote equal access to higher education, vocational training, employment and particular occupations between women and men and to include statistical data on women's labour force participation rates.

12. The Committee recalls the Government's previous statement that women work as judges, in particular in family courts. It also recalls, however, that according to an Act of 14 May 1982 to give effect to article 163 of the Constitution, only men can be judges. The Committee thus again requests the Government to indicate other legislative provisions that exist to authorize the appointment of women as judges and to communicate copies of these provisions. It further requests the Government to provide information on the number and positions of women exercising judicial functions.

13. The Committee again requests the Government to provide information on restrictions on the employment of women, including the types of work forbidden to women pursuant to section 75 of the Labour Code and to communicate copies of the legislative texts regulating this matter.

General measures concerning equality

14. Since its previous comments, the Committee has had the opportunity to examine the new Labour Code, adopted on 17 February 1991, which provides in section 6 that people of Iran enjoy equal rights irrespective of their tribe or ethnic group; that privileges or distinctions should not be based on complexion, race, language and the like; that all individuals whether men or women are equally protected by the law; and that every citizen is entitled to choose any job and profession he wishes, provided such job or profession is not against Islam, the public interests and does not violate other people's rights. Section 38 of the Code further provides that for equal work performed in a workshop under equal conditions, an equal wage should be paid to men and women and that any discrimination in wage determination on the basis of age, gender, race, ethnicity and political and religious convictions is forbidden.

15. The Committee notes from the above provisions that while discrimination in wage determination is prohibited by section 38 on all grounds set out in Article 1, paragraph 1(a), of the Convention except social origin, the more general protections against discrimination in employment and occupation contained in section 6 do not cover the grounds of religion, political opinion or social origin, and, on the ground of sex, the protection is limited to equal protection of the law. The Committee would be grateful if the Government would provide information on any measures contemplated or taken to extend the protection of the Labour Code against discrimination in employment and occupation so as to prohibit any distinction, exclusion or preference on all the grounds set out in Article 1, paragraph 1(a), including religion, political opinion and social origin, in conformity with the requirements of the Convention. In this regard the Committee notes from the Government's report that some changes have already been made to the Labour Code, particularly in respect of Chapter 5 on vocational training and employment, and it would be grateful if the Government would provide copies with its next report of all amendments made to the Labour Code.

16. The Government states in its report that the main orientation of the country's post-war macroeconomic development plan, contained in the five-year economic, social and development plan, in regard to employment is to further expand employment opportunities for men and women irrespective of their race, colour, opinion, national extraction and social origin. According to the Government, the implementation of this plan is achieved with the cooperation of the workers' and employers' organizations in the country. The Committee requests the Government to provide information on the specific measures taken to implement this development plan with a view to promoting equality of opportunity and treatment in employment and occupation, including relevant statistical data on labour force participation rates of various groups of the population.

17. The Government also reports that any case nullifying or impairing equality of opportunity and treatment in employment and occupation is placed on the agenda of the Supreme Council of Labour and is duly dealt with. Reports and conclusions of these meetings are reflected in the national broadcast network and the Government news bulletins. With respect to laws, administrative instructions and circulars, the Government states that any such documents found to have discriminatory provisions will be reconsidered and, if necessary, amended or cancelled. The Committee requests the Government to provide detailed information on any cases in which discrimination in employment or occupation has been brought before the Supreme Council, the criteria upon which the case is examined, the disposition of the case and to indicate any laws, regulations or circulars which have been alleged to contain discriminatory provisions and whether such provisions have been amended or cancelled.

[The Government is asked to provide full particulars to the Conference at its 80th Session.]