Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. The Committee previously requested the Government to provide a copy of the Law on Combating Human Trafficking of 2004. The Committee notes with interest that the Law on Combating Human Trafficking of 2004 prohibits the trafficking of children for the purpose of labour and sexual exploitation. Section 1 of the Law on Combating Human Trafficking contains a comprehensive definition of human trafficking, and section 3 specifies that if the victim of trafficking is under 18 years of age, the offender will be sentenced to the maximum sentence.

2. Forced or compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes that section 2 of the Public Conscription Act specifies that all Iranian males will be subject to conscription from 21 March of the year in which they turn 19 (i.e. at 18 years of age).

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee previously noted that section 135 of the Law on Islamic Penalties, 1991, prohibits procuring (defined as bringing together two or more persons for the purpose of fornication or sodomy). Section 639 of the Islamic Penal Code of the Islamic Republic of Iran punishes anyone who manages a property where activities against public morals (such as prostitution) take place and anyone who encourages people to violate public morals. The Committee noted, however, that there appear to be no provisions specifically prohibiting the use or offering of a child under the age of 18 for prostitution, which pursuant to Article 3(b) of the Convention, constitutes one of the worst forms of child labour.

The Committee notes that section 3 of the Law on Supporting Children and Young Adults, dated 14 January 2003, states that any kind of sale, purchase, use or employing of a child to conduct an offence is forbidden. Section 1 of the Law on Supporting Children and Young Adults states that the Law applies to all individuals who have not yet reached the age of 18. The Committee requests the Government to indicate if the term “to conduct offences” in section 3 of the Law on Supporting Children and Young Adults encompasses the use and offering of a child for the purpose of prostitution.

2. Pornography or pornographic performances. The Committee previously noted that section 640 of the Law on Islamic Penalties punishes anyone who publicizes or circulates any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any other thing that violates public morals. However, the Committee observed that the Law on Islamic Penalties did not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances.

The Committees notes the indication in the Government’s report that the State Welfare Organization (SWO) has not recorded any cases of the procuring or offering of a child for the production of pornography. While taking due note of this information, the Committee once again reminds the Government that, pursuant to Article 3(b) of the Convention, the use, procuring or offering of a person under 18 for use in the production of pornography constitutes one of the worst forms of child labour and that pursuant to Article 1, the Government must take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee accordingly urges the Government to take immediate measures to explicitly prohibit, in national legislation, the use, procuring or offering of a child for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes that section 1 of the Anti-Narcotics Law of Iran (as amended in 1997) states that importing, exporting, producing, carrying, purchasing, distributing or selling any kind of narcotics is an offence. The Committee also notes that section 3 of the Law Supporting Children and Young Adults of 2003 states that it is prohibited to, inter alia, use or employ a child for the purpose of committing an offence. The Committee therefore observes that these provisions appear to prohibit the involvement of a child in drug-related offences. However, the Committee notes the Government’s statement in its report to the Universal Period Review of 18 November 2009 that in the past few years, due to the conflict in Afghanistan, the production and trafficking of narcotic drugs has increased several fold, and that almost 70 per cent of sentences in Iranian courts relate to drug offences (A/HRC/WG.6/7/IRN/1, paragraph 133). In this regard, the Committee notes the information in a United Nations Office on Drugs and Crime (UNODC) report entitled “Crime and Justice Situation in Iran”, available on the UNODC website (www.unodc.org) (UNODC Report), that children are trafficked from the Islamic Republic of Iran to Pakistan and Afghanistan to be used in drug trafficking. Recalling that the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour, the Committee urges the Government to take immediate measures to enforce the relevant provisions and ensure that children are not used for the purpose of drug trafficking in the growing illicit drug trade.

Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In is previous comments, the Committee noted that the Labour Code appears to exclude work performed outside of a formal employment relationship, such as self-employment, from its scope of application. It also noted that, under the terms of section 189 of the Labour Code, a number of activities in the agricultural sector are exempted from the application of the Code. In addition, pursuant to section 188 of the Labour Code, workers in family enterprises are not subject to the provisions of the Code, and pursuant to section 191, small-scale enterprises with fewer than ten workers may be temporarily excluded from some of the Code’s provisions. Furthermore, according to paragraph 1 of section 1 of the Cabinet directive on the list of harmful jobs for individuals under the age of 18, work of children in traditional family enterprises of carpet making, weaving and knitting, and work in the wood industry are excluded from the list of the hazardous types of work. The Committee further noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 28 June 2000, expressed concern at the large number of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom were working in hazardous conditions (CRC/C/15/Add.123, paragraph 51).

The Committee notes the Government’s statement that the Labour Code applies to both the informal and formal sector. The Committee also notes the Government’s indication that, pursuant to section 98 of the Labour Code, labour inspectors may enter family workplaces, upon the permission of the Public Prosecutor. The Government also states that the SWO is now involved in the monitoring of labour activities in the formal and informal sectors. The Government states that some victims of child labour are trapped in the informal sector, and that the SWO reaches out to these children through the national initiative entitled “Social Urgency Scheme”. The Committee requests the Government to provide information on the number of children engaged in hazardous work in the informal sector who have been reached through the SWO’s Social Urgency Scheme. The Committee also requests the Government to provide information on inspections performed in family enterprises with regard to protecting children from hazardous types of work.

Articles 5 and 7(1). Monitoring mechanisms and penalties. The Committee previously noted that the Labour Inspection Department, under the Ministry of Labour and Social Affairs, was responsible for the implementation of regulations governing working conditions. The Committee requested the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year.

The Committee notes the statistical information in the Government’s report concerning the number of inspections carried out related to child labour, and the number of employers brought before judicial authorities. The Government indicates that, although 38,630 inspections were undertaken, and 15,226 citations issued, related to child labour, only two employers were brought before judicial authorities for their violations. Therefore, while noting that several cases of violations of child employment were detected by the labour inspectorate, the Committee notes with concern that persons who employ children in breach of the provisions giving effect to the Convention are not prosecuted as a rule. In this regard, the Committee reminds the Government that, by virtue of Article 7(1) of the Convention, ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application sanctions. The Committee accordingly requests the Government to take the necessary measures to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to continue to provide information on the number of violations related to the worst forms of child labour detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

Article 6. Programmes of action. The Committee previously noted that the SWO had formulated a plan of action for working children. It requested information on this plan of action, and on any other programmes for the prevention of the worst forms of child labour.

The Committee notes the Government’s statement that one of the best ways to prevent the worst forms of child labour is to eradicate its root causes, namely poverty and family dissolution and that addressing poverty and homelessness among children will reduce the chances of children engaging in prostitution, pornography and other worst forms of child labour. In this regard, the Committee notes that the SWO, in implementing the National Action Plan for Children 2009, has provided services through 49 centres for children throughout the country. The Committee also notes the Government’s indication that a total of 15,202 children receive coverage from the SWO through houses for children and the placement of adolescents within alternative families. The Government further provides detailed information on the various initiatives of the SWO related to preventing the worst forms of child labour, such as the provision of life-skills training at all academic levels, providing basic minimum support to families in need, paying financial aid (through monthly stipends and academic and training grants), providing care to children without a head of the family and those in female-headed households, providing rehabilitation services to children without families, operating a recreational camp for children and paying school tuition fees for children under the supervision of the State and needy families. The Committee requests the Government to continue to supply information on the activities of the SWO related to preventing the engagement of children in the worst forms of child labour, and to provide information on the results achieved from these various initiatives.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 
1. Access to free basic education. The Committee previously noted that the SWO permitted the education of 10,913 students at various levels of studies. It also noted that net enrolment in primary education had steadily increased from 85 per cent in 1990 to 98 per cent in 2005, and that primary school drop-out rates had decreased from 13 per cent to 6.6 per cent in the same period. However, the Committee noted that the CRC expressed its concern, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 59), that not all children are enrolled in or graduate from primary school. The CRC also expressed concern at the disparity that exists between boys and girls with regard to education, the high drop-out rates of girls in rural schools upon reaching puberty, and the long distances between homes and schools, which often keep girls at home.

The Committee notes the Government’s statement that it focuses on the education of young children and that, at present, 700,000 children are enrolled in kindergarten. The Government indicates that the Ministry of Education is bound to indentify and absorb all children of school-going age into classes. It states that the necessary educational conditions and facilities need to be provided to absorb children and prevent them from engaging in child labour, including the worst forms. The Committee also notes the statistical information provided with the Government’s report, indicating that in the 2009–10 school year there was a total of 48,617 secondary classes in the country (17,695 girls’ classes, 20,391 boys’ classes and 10,531 mixed classes). The Committee further notes the information in the Government’s report that the SWO is expanding the provision of pre-school education, in the hope of preparing children for further education and preventing future drop-outs. The Government also indicates that the SWO has opened a series of Centres for Children and Adolescents Intellectual Growth, which provide books, develop the libraries of other institutions and create rural and urban mobile centres for children. The Government operates 668 fixed centres and 57 mobile and urban centres, which count 330,674 girls and 275,674 boys as members.

While taking due note of this information, the Committee notes the information in the 2010 UNESCO Report entitled Education for All: Global Monitoring Report that in 2007, there remained 319,000 out-of-school children between the ages of six and ten. This report also indicates that while 89 per cent of boys transition from primary to secondary school, only 77 per cent of girls make this same transition. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to strengthen the functioning of the education system and to increase access to free basic education, paying particular attention to the situation of girls. The Committee requests the Government to provide information on the results achieved, particularly with regard to decreasing the number of out-of-school children and increasing the percentage of girls who transition from primary to secondary school.

2. Trafficking. The Committee previously noted that the CRC, in its concluding observations of 31 March 2005, expressed concern regarding reports of trafficking and sale of young persons under 18 years of age, particularly young girls from rural areas and the trafficking of young persons for the purpose of labour exploitation, from Afghanistan to the Islamic Republic of Iran (CRC/C/15/Add.254, paragraph 70). The Committee also noted a lack of advances made in trafficking prevention measures in the country.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes the information in the compilation report of 29 November 2009, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of the Islamic Republic of Iran (UPR Report), that the Special Rapporteur on violence against women cited reports indicating a worrying increase in trafficking of girls and women, mostly in the eastern provinces where women are kidnapped, bought or entered into temporary marriage to be sold into sexual slavery (A/HRC/WG.6/7/IRN/2, paragraph 37). The Committee further notes the information in the UNODC Report that declarations of judicial and law enforcement officials in the country acknowledge the existence of organized criminal networks involved in the trafficking of human beings. The UNODC Report states that reports of the trafficking of children (Afghans, as well as Iranians) is of particular concern, specifically from the Islamic Republic of Iran to the Gulf Region littoral States for the purpose of sexual exploitation, and from the Islamic Republic of Iran to Pakistan and Afghanistan for the purpose of drug trafficking. The Committee expresses its concern at reports of the trafficking of boys and girls under 18 years of age, and regarding the lack of information on this point in the Government’s report. Therefore, the Committee once again urges the Government to take effective and time-bound measures to ensure that children under 18 years of age are prevented from becoming victims of trafficking for both commercial sexual exploitation and labour exploitation. It requests the Government to provide information on the concrete measures taken in this regard, in its next report.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted that the CRC, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 64), expressed its concern about the large number of children living or working in the streets, at the lack of information on the extent and nature of the problem and that several centres for these children had been closed down. The Committee also noted that the prospect of forced early marriages was reportedly one of the underlying causes of a relatively recent phenomenon, that of runaway girls. The Committee also noted that the SWO was implementing a plan for the identification and placement of street children in 16 provinces. This plan included activities to prevent the abuse of street children, to provide primary facilities to these children (such as shelter, food and health and recreational services), and the adoption of the by-law of 17 July 2006 aimed at legalizing the topic of the protection of street children.

The Committee notes the Government’s statement that in 2009, 10,414 children were given accommodation through 49 Government-run centres. The Committee also notes the information in the Government’s report that the SWO has established a house for runaway and homeless girls, and one for unprotected runaway boys. The Government indicates that these homes no longer operate under their original names, but that cooperation continues for these projects, and that some activities to reach street children are carried out in bus shelters. The girls and boys from these houses may be sent to temporary centres, and depending on their family situation, may then be sent to permanent housing. The Committee further notes the Government’s statement that 7,312 children in situations of poverty and homelessness are under the jurisdiction of the SWO, and that these children are provided with a monthly dividend to allow them to pursue education or vocational training, to remove them from poverty and to prevent their engagement in child labour. Lastly, the Committee notes the Government’s indication that municipalities, in collaboration with NGOs are implementing a programme entitled “Rehabilitating Street Children”, which provides educational consultations and life-skills training to children. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to pursue its efforts, through the SWO, to protect such children from these worst forms. It also requests the Government to continue to provide information on the measures taken in this regard, including the number of street children reached through the SWO initiatives and the Rehabilitating Street Children programme.

Clause (e). Taking into account the special situation of girls. Centres for socially abused girls and women. The Committee previously noted that the SWO is responsible for protecting girls and women and provides them with services including social and psychological assistance and training. The Committee also noted the establishment of centres for rehabilitation for socially abused girls and women, and the establishment of girls’ health houses which provided food, clothes and educational services. The Government indicated that these initiatives had a positive influence on preventing girls from being engaged in the worst forms of child labour.

The Committee notes the Government’s statement that these centres continue to have a positive impact on preventing the engagement of girls in the worst forms of child labour. The Government indicates that both the girls’ health houses and the centres for rehabilitation offer vocational training and life-skills training. The Government also indicates that the Omid Mehr Foundation, an NGO, provides vocational training and hot meals to girls. Nonetheless, the Committee notes the information in the UPR Report that the Special Rapporteur on adequate housing expressed concern on the insufficiency of safe houses for runaway girls and street women in the country (A/HRC/WG.6/7/IRN/2, paragraph 64). The Committee expresses its concern at the inadequate services available to abused and runaway girls, who may be particularly vulnerable to the worst forms of child labour. It accordingly requests the Government to redouble its efforts to provide safe shelter for these children, and to provide for their rehabilitation and social reintegration. The Committee requests the Government to provide information on the number of girls under 18 reached through girls’ health houses, the centres for rehabilitation and the Omid Mehr Foundation’s activities.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that the number of children involved in the worst forms of child labour was increasing. The Committee noted the Government’s data which indicated that the number of children involved in the worst forms of child labour increased by 35 per cent from 2004 to 2005. The Committee also noted that the CRC, in its concluding observations of 31 March 2005, expressed its concern at the lack of an adequate data collection mechanism in the Islamic Republic of Iran, which would allow for the systematic and comprehensive collection data in relation to children (CRC/C/15/Add.254, paragraph 16).

The Committee notes the Government’s indication that the General Office of Social Affairs, within the Ministry of Labour and Social Affairs, has undertaken to study the social causes which force children to work, and that it has collected statistics and data on this topic. The Committee also notes the annual results of the Project of Statistic Collection on the Labour Force submitted with the Government’s report. This data indicates that there were approximately 153,472 working children between the ages of 10–14 in 2008, and approximately 531,537 children between the ages of 15–19 working in specific activities. This information indicates that the number of working children is declining (a decline of 174,659 children aged 10–14, and a decline of 178,361 children between the ages of 15–19 working in specific sectors between 2005–08). Nonetheless, the Committee observes that this data is not disaggregated to indicate how many of these children are engaged in the worst forms of child labour. Therefore, the Committee requests the Government to take measures, including through the initiative of the General Office of Social Affairs, to ensure that sufficient data on the worst forms of child labour is made available, such as on the nature, extent and trends of the worst forms of child labour and on the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.