Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Iran (République islamique d') (Ratification: 2002)

Autre commentaire sur C182

Observation

2023

Demande directe

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Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments, the Committee noted from the Government’s Report of 2013 on the Convention on the Rights of the Child (Government’s Report to the CRC) that children, especially those living in border regions and children from poor families, were often trafficked across the border or sold for smuggling goods or forced labour. It also noted the Government’s information that a Committee on Combating Human Trafficking was established comprising representatives from the concerned ministries and executive departments including the Prosecutor-General’s Office, the police, the Passport and Border Control Police and the Office for Interpol National Bureau.

The Committee notes from the Government’s report that the Bill on the protection of children and adolescents which establishes a wider definition of child exploitation and calls for severe punishments for perpetrators of offences against children, including trafficking of children, is currently being discussed by the Parliament. The Committee also notes the information provided by the Government, in its report under the Forced Labour Convention, 1930 (No. 29), on the measures taken to combat trafficking of persons. This includes identification of border gaps and allocation of the required budget to cover these gaps and closure and control of borders with priority on south-east and north-west regions, as well as the intensification of control measures at the borders and making transit routes insecure for human trafficking networks and gangs. The Committee further notes the Government’s statement that as per the inquiries made from the eastern and southern provinces, no cases regarding trafficking of children have been reported. The Committee notes, however, that the CRC, in its concluding observations of 14 March 2016, expressed concern about the ongoing issue of trafficking and sale of persons under the age of 18 years, particularly young girls from rural areas, facilitated by temporary marriages or sigheh as well as trafficking of girls from Afghanistan to the Islamic Republic of Iran, sold or sent by their families (CRC/C/IRN/CO/3-4, paragraph 89). The Committee urges the Government to intensify its efforts, including by strengthening the capacities of the law enforcement bodies, to combat the sale and trafficking of children, particularly girls from rural areas. In this regard, it requests the Government to take all the necessary measures to ensure that persons responsible for the trafficking of children are subject to thorough investigations and prosecutions and that sufficient and effective penalties are imposed in practice. It also requests the Government to provide information on the activities of the Committee on Combating Human Trafficking on preventing and combating the trafficking of children. Finally, the Committee requests the Government to provide information on any progress made with regard to the adoption of the Bill on the protection of children and adolescents.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted from the United Nations Office on Drugs and Crime (UNODC) report on the Country Programme 2011–14 (UNODC report) that the Government had facilitated the implementation of a subregional partnership entitled Triangular Initiative on counter-narcotics enforcement with Afghanistan and Pakistan. Support was provided for the establishment of border liaison offices, information–intelligence exchange and cross-border communication systems. However, the Committee noted from the UNODC report that over 70 per cent of Afghan opiates are trafficked via the Islamic Republic of Iran and Pakistan every year. It also noted the information from the Government’s Report to the CRC that children, particularly those living in border areas, were employed by criminal groups and individuals for cross-border trafficking of drugs. The Committee requested the Government to strengthen its efforts to ensure that thorough investigations and prosecutions are carried out against persons who use, procure or offer children under the age of 18 years for trafficking of drugs.

The Committee notes that the Government’s report does not contain any information in this regard. However, it notes from a report of the UNODC entitled United Nations in Iran that the UNODC Iran new Country Partnership Programme of 2015–19 covers five major areas, which includes subprogrammes on border management and illicit trafficking as well as alternative livelihoods. The former aims to strengthen the efforts to address the challenges of illicit trafficking of drugs from/to Afghanistan and enhance regional and international cooperation initiatives. The latter aims to support activities at the border provinces which include creating jobs for local communities and supporting the establishment of free business buffer zones and microeconomic projects. The Committee requests the Government to provide information on the results achieved, in terms of the number of children prevented and protected from being used for the purposes of trafficking of drugs, within the framework of the UNODC Country Partnership Programmes. It also requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against persons who use, procure or offer children under the age of 18 years for trafficking of drugs. The Committee further requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed in this regard.

Clause (d) and Article 5. Hazardous work and labour inspection. Children working in the informal sector and self-employed children. In its previous comments, the Committee noted the Government’s statement that all enterprises, including small-scale enterprises with fewer than ten workers, were obliged to observe labour laws and that labour inspectorates of the Ministry of Cooperatives, Labour and Social Welfare conducted inspections of all enterprises throughout the country regardless of the number of workers employed and whether or not they are formal or informal.

The Committee notes the Government’s information that from 2013 to 2017, the number of inspections conducted on child labour has increased by 14 per cent and the number of violations identified has decreased by 38 per cent. Accordingly, the Committee notes that in 2017, 29,323 child labour-specific inspections were carried out, which resulted in the identification of 330 children involved in child labour. The Committee further notes the Government’s statement that non complying employers are often referred to the judicial authorities. The Government states that as a result of the serious actions taken by the labour inspectors during inspections as well as the guidance and awareness on relevant laws and penalties provided to employers, the number of such cases referred to the judicial authorities after 2014 was only three. The Committee notes, however, that the CRC, in its concluding observations of 14 March 2016, expressed its concern at the large number of children employed in hazardous conditions, such as garbage collection, brick kilns and industrial workshops, without protective clothing and for very low pay (CRC/C/IRN/CO/3-4, paragraph 85). The Committee requests the Government to continue to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate, to improve the ability of labour inspectors to detect children engaged in hazardous work in the formal and informal economy, particularly in garbage collection, brick kilns and industrial workshops. It also requests the Government to continue providing information on the number and nature of violations detected with regard to young persons under 18 years of age and the penalties imposed as well as the number of cases referred to the judicial authorities.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s statement that based on an investigation conducted, the number of students aged 14–17 years who have dropped out of school is 344,013 persons as against the 1.5 million students noted by the Committee in its previous comments. The Government states that increasing education coverage and providing access to public education for all are among the master policies under the education system. In this regard, the Committee notes the Government’s indication that the Ministry of Education (MoE) maintains a database on children enrolled in schools. Moreover, within its ongoing plan entitled “Absorption of children dropped out of school”, school officials are required to check in on the students who have dropped out of school, investigate the reasons for their dropping out and facilitate their return to school. Accordingly, from 2013 to 2018, a total of 286,562 children who had dropped out of school from various education levels, have been absorbed by education centres. The Committee also notes the Government’s information that the MoE has designed mechanisms and targets within the Fundamental Development Plan to expand and institutionalize education. This Plan is being implemented through the “Programme on Obstruction of Illiteracy Origins” with a focus on protecting children, particularly children exposed to harmful situations and girls who have dropped out of school. Some of the initiatives undertaken within this Plan include: (i) covering 666,178 students in multigrade classrooms during the 2017–18 school year; (ii) conducting 10,404 training classes for rural parents; (iii) identifying and absorbing 7,662 rural and tribal students who have dropped out of school; (iv) development of pre-primary education in disadvantaged and rural areas; and (v) providing meals, stationery, clothing and other requirements for retaining students at school. The Committee further notes the Government’s indication that following the implementation of this Plan, during the 2017–18 school year, the enrolment rate of students in the first grade reached 97.19 per cent and at the primary level reached 98.13 per cent (girls 98.14 per cent, boys 98.12 per cent). The Committee encourages the Government to pursue its efforts to facilitate access to free basic education to all children, particularly girls and children in rural areas. It requests the Government to continue providing information on the measures taken in this regard, and on the results achieved, particularly with regard to increasing the enrolment rates of girls and children in rural areas at the secondary level.

Clause (d). Identifying and reaching out to children at special risk. Street children. Following its previous comments, the Committee notes the detailed information provided by the Government on the various measures taken by the Government to protect street children, including the initiatives taken by the National Authority in charge of children’s rights; the State Welfare Organization; and the Tehran municipality. The Committee notes, however, that the CRC, in its concluding observations of March 2016, expressed concern that some children continue to live on the streets and are subjected to various forms of economic and sexual exploitation (CRC/C/IRN/CO/3-4, paragraph 85). The Committee requests the Government to pursue its efforts to protect children in street situations from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to continue to provide information on the measures taken in this regard, as well as the number of children who have been withdrawn and rehabilitated through these initiatives.

Application of the Convention in practice. Following its previous comments, the Committee notes the information provided by the Government on the results of the national population and housing census of 2016. According to this information, from about 5.8 million children aged between 10 and 14 years, there are more than 68,000 children who are economically active. This shows a descending trend in the number of working children with a decrease of 33.4 per cent from 2012 to 2016. The Committee requests the Government to continue to provide information on the nature, extent and trends of the worst forms of child labour, disaggregated by age and gender, and on the number of children covered by the measures giving effect to the Convention.