Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

1. The Committee takes note of the information provided by the Government in June 1999 during the discussion in the Conference Committee on the Application of Standards. The Committee welcomes the invitation from the Government for a technical advisory mission carried out by senior specialists in the Office for the purpose of discussing all the questions that have arisen in the application of the Convention. The Committee views this action positively as reflecting a willingness on the part of the Government to continue to engage in dialogue, and has examined with interest the detailed report of the mission, which took place from 29 October to 5 November 1999. It notes that the mission team held extensive discussions with representatives of many parts of Iranian society, including the representatives of workers' and employers' organizations, on the points raised in the Committee's previous comments. It further notes from the conclusions of the mission report the existence of national dialogue on many of these issues, and that there is an emerging commitment in the governmental structure towards removing all possible obstacles to the application of internationally recognized human rights. It further notes the emergence of national institutions set up to examine and promote human rights, including non-discrimination in employment.

2. Mechanisms to promote human rights. The Committee is pleased to note the expanded activities in the area of human rights, including the publication of articles in the country on ILO Conventions and its supervisory system, the holding of national seminars and the establishment of a human rights programme of study at the University of Tehran. The Committee notes with interest the establishment of the Supervisory Commission on the Implementation of the Constitution which has as one of its operational objectives the review of the interpretation of laws in accordance with international human rights instruments, including this Convention. The mission team was able to conduct a thorough dialogue with the chief of the Supervisory Commission on the Implementation of the Constitution, and to explore how it is carrying out its work. In addition, the Committee notes with interest the establishment and functioning of the Islamic Human Rights Commission which has authority to receive complaints from within and outside the country on violations of human rights under Islamic and international treaty law. The mission team also met with its President and some of its members. The Committee notes that the jurisdiction of the Commission covers discrimination or other matters related to employment in both the public and private sectors and that it has only advisory capacity to remedy violations. Noting that the Commission has had a few cases of gender and religious-based discrimination in employment and occupation, including a case filed by a member of a religion not recognized in the Islamic Republic of Iran, the Committee requests the Government to continue to supply information on the cases and activities of the Islamic Human Rights Commission. The Committee also requests the Government to provide information on the activities concerning discrimination, promotion of societal tolerance or international human rights undertaken by the other institutions mentioned above.

3. Discrimination on the basis of sex. The Committee notes the conclusions of the mission report that, while some limited legal restrictions remain on the employment of women, the Government is examining measures to remove the formal obstacles and is working to overcome the social obstacles which restrict women's participation in the economy. In its previous observation, the Committee had noted the increase in the participation of women in various sectors of wage and non-wage employment from 1991 to 1996. It had also noted that some progress had been made in education, but that female participation rates had remained very low in higher education at 4.3 per cent. The Committee notes from the mission report that women's education level continues to increase and that the mission was able to confirm that there are no longer any restrictions on areas of study for women. It also notes that approximately 10 per cent of the total population is in higher education, thus placing the 4.3 per cent into perspective. The Committee further notes that, according to the information provided to the mission team, there is a policy to increase the participation of girls in secondary and higher education levels. In this regard, it notes that, in 1998, 52 per cent of those who passed the national university entrance examination were female, marking a 13 per cent increase over the previous year; and, in 1999, this increased further to 57 per cent for women. In secondary schools, girls are 40.9 per cent of students. At the elementary level, over 90 per cent of girls are estimated to receive elementary education. Finally, the Committee notes that women constitute approximately 4,000 of the 21,000 members of the academic boards (teachers and professors). It requests the Government to continue to provide information in its reports on the rates of participation of girls and women in education in comparison with boys and men.

4. The Committee notes that, in spite of the progress marked, women's participation rate in the labour market remains low at an estimated 10 per cent. Several factors were provided to the mission team to explain this, including women's choice not to enter the labour market, the underestimation of women's participation, particularly in the rural areas, and male preference not to hire women. However, no formal restriction or barrier exists to women in employment and their pattern of labour market participation is expected to change as women are increasingly becoming more involved in social public life. Recent regulatory changes would appear to promote this tendency, with the increase in maternity leave for female employees from three to four months and the introduction of flexible working hours for women to facilitate work and family responsibilities. The Committee notes these developments with interest. It also notes that the National Plan of Action of 1997 remains relevant with its emphasis on increasing education levels, creating a better environment for the equal participation of women in the job market and facilitating women's access to credit, financial resources, banking and production facilities. A few projects appear to have been undertaken in accordance with these objectives in the Plan. The Committee requests the Government to continue to provide information on the measures taken to eliminate preferences for men in the workplace and to promote and support women's ability to participate in the labour market with men, including their attainment of high-level and decision-making posts. Noting that no new statistical data at the national level is available since the 1996 census, but that the Centre for Women's Participation is undertaking a more in-depth analysis of the 1996 labour market data, it requests the Government to supply a copy of that analysis to the Office once it is completed. It also requests the Government to supply statistics that are available in the Ministry of Industry on the private sector employment participation rates disaggregated by sex; and the statistics available in the various Ministries for public sector participation rates.

5. The Committee notes the detailed information provided by the Government on the number of women in the judiciary and the various positions held by them including appellate court counsellors, provincial deputy Attorneys General, deputies in judicial assemblies, judicial counsellors and judges for investigation and enforcement. The Committee recalls that it has previously raised concerns not only over the participation rate of women, but also over the formal restriction precluding women from having the authority to render verdicts. The Committee notes that, while their judicial capacity remains influential, it is only advisory, and they are still not allowed to issue judicial decisions. It also notes with interest from the mission report that the formal restriction on women from rendering verdicts is now under review by the council of mullahs. The Committee hopes that the review will result in the removal of the restriction so as to allow women to participate on an equal footing with men in the judicial profession in accordance with the provisions of the Convention.

6. Further to its previous comments on the obligatory dress code and the imposition of sanctions in accordance with the Act on Administrative Infringements for violation of the Code, the Committee notes from the information gathered during the mission that any infringements are dealt with through the use of notification procedures. The Committee further notes the indication that there has never been a case of dismissal and that persistent violations of the dress code would result in escalated disciplinary procedures, but would not reach the level of dismissal. Moreover, public servants have the right of appeal and can subsequently seek relief from the Supreme Court for imposition of disciplinary action. The Committee notes this information and once again requests the Government to supply a complete copy of the Act on Administrative Infringements with its next report.

7. The Committee has previously requested information on the application of section 1117 of the Civil Code under which a husband may bring a court action to object to his wife taking up a profession or job contrary to the interests of the family or to his or his wife's prestige, and the provision under the 1975 Protection of Family Act which extends to wives as well as husbands the same right to object to the spouse's employment. The Committee notes from the information gathered by the mission that, while it is not a common practice, limited use has been made of this Civil Code provision. Noting that a review of laws is taking place with a view to altering provisions which are considered to disadvantage women, the Committee hopes that the Government will review section 1117 of the Civil Code, and either remove the husband's right to object to his wife's job or grant the wife the equivalent right of objection.

8. Discrimination on the basis of religion. The Committee recalls its previous conclusion that the recognized religious minorities (Christians, Jews, Zoroastrians) have been able to make progress in the labour market, and that the employment situation of members of these religious minorities was better than the national average. The Committee had continued to request information on the education and employment situation of members of the recognized minorities and on the measures taken to prohibit discrimination on the grounds of religion. The Committee notes that the mission team was able to meet with representatives of the recognized minorities and to confirm that members of each of these groups continue to have high levels of education and participation in employment. Nevertheless, it also notes from the mission report that, in practice, due to societal attitudes, Muslims may be given preference by employers over members of recognized minorities in some areas of employment. In this regard, the Committee notes with interest the importance of the representation of the recognized religions in Parliament, the expanding informal methods of discussion with Government officials on issues of importance to the religious minorities, including perceived job discrimination, and the holding of seminars on religious minorities in the country. The Committee hopes that measures will continue to be taken to promote non-discrimination on grounds of religion, and it requests the Government to continue to be vigilant in prohibiting the use of job advertisements to restrict applicants to a specified religious group. It would be grateful if the Government would continue to provide statistical information on the participation rates of recognized minority men and women in the labour market, as well as information on the measures taken to foster tolerance in the society of all religious groups and to eliminate discrimination in employment and occupation.

9. The Committee for many years now has been expressing its concern over the treatment in education and employment of members of the unrecognized religions, in particular the members of the Baha'i faith. The Committee notes from the mission report that the sensitivity of the subject of the Baha'i in the country goes beyond any formal restrictions and exclusions which may exist, and extends to the societal attitude towards members of this group. In the public sector, the Committee notes that formal restrictions on the hiring of the members of the Baha'i do exist (and such restrictions do not appear to exist for the recognized religious minorities). No statistics could be produced indicating the number of members of the Baha'i (or any other unrecognized religion) in the public service, nor was there any record of complaints filed on the grounds of religious discrimination. The mission report indicates that there remains an apparently widespread conviction among the people of the country that all members of the Baha'i work against the interest of the Islamic Republic of Iran, and thus may not be trusted at any level of government. At the same time, the Committee notes that there appears to be an effort to remove barriers in regulations and directives with respect to unrecognized groups and to promote greater tolerance for them, but that this process was expected to take some time, and that opinions remained divided on it. In the private sector, the Committee notes that no formal restrictions on the hiring of members of unrecognized religions, including the Baha'i, appear to exist, but in practice these persons may experience difficulty in access to education, jobs and occupations. The Committee notes with interest the reported elimination of discrimination against Baha'i youth in enrolment in the pre-university year at the high school level, while remaining concerned that their entry to universities continues to be refused and that the Open Baha'i University, a correspondence school, was closed down. The Committee requests the Government to make every effort to work towards the elimination of both formal and de facto discrimination against the members of the non-recognized religious groups in education and employment in accordance with the requirements of the Convention.

10. Tripartite consultation. The Committee notes from the mission report that the first tripartite consultation on social and labour matters has recently been held. The Committee recalls that the provisions of the Convention require the policy of non-discrimination and promotion of equality to be implemented in cooperation with the social partners. Taking note of the interest and involvement of the social partners during the mission, the Committee would be grateful if the Government would provide information on their involvement in the promotion of the application of the Convention.

11. The Committee welcomes the undertaking of activities to follow up the mission on the application of the Convention, including plans to hold a national tripartite seminar on fundamental labour rights and principles, including discrimination, and the participation of the Office in a human rights technical cooperation and education programme in collaboration with the Islamic Commission on Human Rights and the United Nations Office of the High Commissioner for Human Rights. The Committee encourages the continued collaboration between the Office and the Government with a view towards promoting the full application of the Convention.