Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 357, Juin 2010

1. 693. The Committee last examined this case on its merits at its June 2009 session, where it issued an interim report approved by the Governing Body at its 305th Session [see 354th Report, paras 928–950].
2. 694. The complainant submitted additional information in support of its complaint in a communication dated 4 March 2010.
3. 695. The Government transmitted its observations in a communication dated 21 April 2010.
4. 696. The Islamic Republic of Iran has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 697. In its previous examination of the case, the Committee made the following recommendations [see 354th Report, para. 950]:
   • (a) The Committee once again urges the Government to refrain from interfering in the right of employers’ organizations to elect their representatives in full freedom and to take the necessary measures to amend the existing legislation, including the Labour Law and the Council of Ministers’ Rules and Procedures on the Organization, Functions, Scope and Liabilities of Trade Unions, so as to ensure that employers’ and workers’ organizations may fully exercise their right to elect their representatives freely and without interference by the public authorities.
   • (b) The Committee expects that the Government will continue to desist from any acts of favouritism and refrain from such acts in the future, and once again calls upon the Government to remedy past discriminatory acts arising out of the favouritism it had demonstrated towards the ICE.
   • (c) The Committee once again requests the Government to take measures, as a matter of urgency, to amend the Labour Law so as to ensure not only the freedom of association rights of all workers but also of all employers and, in particular, the right of workers and employers to establish more than one organization, whether at enterprise, sectoral or national level, in a manner consistent with freedom of association and expects that this will be done in a manner that does not prejudice the rights formerly held by the ICEA. It further requests the Government to transmit a copy of any additional amendments proposed in this regard and firmly expects that the legislation will be brought into conformity with freedom of association principles in the very near future.
   • (d) Recalling that justice delayed is justice denied, the Committee once again expresses the expectation that the appeal will, as per the ICEA’s request, be heard by the Ultimate Appeals Branch of the Administrative Justice Court in the very near future, and that the latter body will take into full consideration all of the Committee’s conclusions, including those set out in its previous examination of this case. The Committee once again requests the Government to keep it informed of developments in this regard and to provide a copy of the final judgement once it is handed down.
   • (e) The Committee once again urges the Government, pending the final decision of the Administrative Justice Court, to immediately take the necessary measures to register and recognize the ICEA as constituted following its General Assembly of 5 March 2007 and to ensure that it can exercise its activities without hindrance. The Committee further urges the Government to adopt a position of non-interference and neutrality in the exercise of freedom of association employers must have in relation to membership of the ICEA, and to provide no formal or informal preference or favouritism to other organizations. It once again requests the Government to keep it informed of the steps taken in this regard.
   • (f) The Committee welcomes the Government’s acceptance of a mission and expects that this mission will be able to visit the country shortly and that it will be in a position to assist the Government in achieving significant results with respect to all the serious outstanding matters and, in particular, as regards the draft labour legislation and principles relating to the freedom of association rights of employers’ organizations and non-interference.
   • (g) The Committee calls the Governing Body’s special attention to the grave situation relating to the trade union climate in the Islamic Republic of Iran.

B. The complainant’s new allegations

1. 698. In its communication of 4 March 2010, the complainant attaches a translated copy of a decision, issued on 29 November 2009, by Division 86 of the Tehran Public Legal Court of the Justice Administration of the Islamic Republic of Iran. The judgement concerns the appeal filed by the Iranian Confederation of Employers’ Associations (ICEA) of the 2 March 2008 decision of the Administrative Justice Court’s Appellate Branch, which had ruled that the ICEA had been dissolved by operation of article 42 of its Articles of Association. In the said judgement, the Public Legal Court found that the registration of the Iranian Confederation of Employers (ICE) and assignment of the ICEA’s registration number to it by the Ministry of Labour and Social Affairs failed to meet the relevant laws and regulations. It further held, inter alia, the status of the ICE and the measures taken for its registration to be null and void.

C. The Government’s reply

1. 699. In its communication of 21 April 2010, the Government states that the Ministry of Labour and Social Affairs held a series of fruitful meetings in which the General Secretaries of the two confederations of Iranian employers and their board members, with the participation of all existing employers’ associations in the country, were able to constructively address their divergent views as to the establishment of a single employers’ confederation and the comprehensive composition of the employers’ delegation to the International Labour Conference (ILC), and conclude an agreement respecting these matters. The Government adds that the Minister of Labour and Social Affairs played a pivotal role in the shaping of the agreement signed by the General Secretaries of the ICEA and the ICE. Attached to the Government’s reply is a translated version of the agreement concluded between the two employers’ confederations. The agreement stipulates that: (1) each of the employers’ confederations shall designate three persons for the employers’ delegation to the ILC, and the main employer delegate shall be appointed from among these six persons; and (2) the two employers’ confederations shall undertake negotiations to reach a common decision with respect to the establishment of a single employers’ confederation, with the participation of all existing employers’ associations in the country.

D. The Committee’s conclusions

1. 700. The Committee recalls that the present case concerns allegations of Government interference in the elections of the ICEA, the subsequent dissolution of the ICEA by administrative authority and the official backing of a new and parallel employers’ confederation (ICE).
2. 701. The Committee recalls that in its previous examination of the case it had referred to the 2 March 2008 decision of the Administrative Justice Court’s Appellate Branch, which ruled that the ICEA had been dissolved by operation of article 42 of its Articles of Association. Noting with deep regret that, at that time, the Administrative Justice Court was still considering the ICEA’s appeal of that decision, the Committee expressed the expectation that the appeal would, as per the ICEA’s request, be heard by the Ultimate Appeals Branch of the Administrative Justice Court in the very near future, and that the latter body would take into full consideration all of the Committee’s conclusions relating to this case, including those set out in its previous examination [see 350th Report, paras 1153–1165].
3. 702. In this regard, the Committee welcomes the 29 November 2009 decision of Division 86 of the Tehran Public Legal Court of the Justice Administration of the Islamic Republic of Iran, in relation to the appeal filed by the ICEA. The Committee notes that in its judgement, the Public Legal Court found that both the registration of the ICE and the assignment of the ICEA’s registration number to it by the Ministry of Labour and Social Affairs had failed to meet the relevant laws and regulations. It also held, inter alia, the status of the ICE and the measures taken for its registration to be null and void.
4. 703. The Committee further notes that the Ministry of Labour and Social Affairs held consultations with the ICEA and the ICE concerning the delegation to the ILC, which the Government claims gave rise to an agreement stipulating that the two confederations are to nominate three persons each to the employers’ delegation to the ILC and that they will choose among them who should be the titular representative. It further notes that the agreement is said to include an undertaking on the part of the ICEA and ICE to negotiate to reach a common decision on the establishment of a single employers’ confederation with the participation of all existing employers’ associations in the country.
5. 704. The Committee wishes to recall that the unification into a single employer’s organization must be the result of the free choice of the members concerned and should not be the consequence of any eventual pressure or interference by the public authorities within the framework of a monopolistic system of industrial relations. It recalls in this regard its previous recommendations both as concerns the importance of the Government adopting a position of non-interference and neutrality in the exercise of freedom of association that employers must have in relation to membership of the ICEA and as regards the need to amend the Labour Law so as to ensure the right of all workers and employers to establish more than one organization at enterprise, sectoral and national level. The Committee once again calls on the Government as a matter of urgency to amend the Labour Law in this regard, and to do so in a manner that does not prejudice the ICEA or the freedom of association rights of its members or prospective members.
6. 705. In light of the public ruling of the Tehran Public Court, and given that three years have passed since the first examination of this case, the Committee expresses its expectation that the Government will immediately register and recognize the ICEA as constituted following its General Assembly of 5 March 2007 and ensure that it can exercise its activities without hindrance, until such time as its membership, in accordance with its by-laws, holds elections or makes other decisions in relation to its structure. The Committee expects the Government to adopt a position of non-interference and neutrality in the exercise of freedom of association of employers and, in this particular case, the ICEA’s right to exist free of prejudice and acts of favouritism. The Committee further expects the Government to remedy any remaining effects of past discriminatory acts arising out of the favouritism it had demonstrated towards the ICE.
7. 706. Finally, the Committee urges the Government to amend the Labour Law and the Council of Ministers’ Rules and Procedures on the Organization, Functions, Scope and Liabilities of Trade Unions, so as to ensure that employers and workers are able to freely choose the organization they wish to represent them and so that these organizations may fully exercise their right to elect their representatives freely and without interference by the public authorities. The Committee requests the Government to transmit a copy of any additional amendments proposed to the legislation and firmly expects that it will be brought into conformity with freedom of association principles in the near future.
8. 707. Recalling the Government’s previous acceptance of a mission relating to outstanding freedom of association cases, the Committee expects that this mission will be able to visit the country shortly and have full access to all the concerned parties, so as to enable a full investigation into and dialogue on all freedom of association matters in the country, including the aspects raised in the present case.