Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Iran (République islamique d') (Ratification: 1964)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 28 September 2014. The Committee requests the Government to reply to the observations made by the ITUC.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee recalls its previous observation in which it noted the conclusions of the Conference Committee on the Application of Standards in June 2013, including the request to the Government to accept a High-Level Mission to follow-up on the issues raised by this Committee and the Conference Committee. The Conference Committee urged the Government to take concrete and immediate action to end discrimination against women, and ethnic and religious minorities in law and in practice, to promote women’s empowerment and entrepreneurship, to take decisive action to combat stereotypical attitudes underlying discriminatory practices, and to address sexual and other forms of harassment. It also referred to the need to take effective measures to ensure protection against discrimination based on political opinion and respect for freedom of expression, and to address the continued absence of an environment conducive to freedom of association.

The Committee notes the detailed report of the High-Level Mission which took place from 4 to 8 May 2014 and which held extensive discussions with representatives of the Government, workers’ and employers’ organizations and other stakeholders. It notes from the Mission’s conclusions, the Government’s willingness to continue to engage in dialogue on many of the issues addressed by this Committee and the Conference Committee, and its intention to move forward in a positive direction to implement the Convention. It notes in particular the strong statements made by President Hassan Rouhani on 1 May this year that no discrimination would be tolerated between men and women or in relation to the minorities in the country.

Articles 1 and 2 of the Convention. Legislation. The Committee notes the Government’s indication that a Bill on non-discrimination in employment and education, on which the Committee commented extensively in its 2011 observation, has been passed by Parliament. The Government indicates in its report that in November 2013 the President published a draft Charter on citizens’ rights, a copy of which was submitted to the United Nations Secretary-General. The Committee further notes from the Mission’s report, the Government’s recognition that legal and practical measures are needed to prevent and address sexual harassment in employment. The Committee notes that a Bill on women’s security, providing a broad definition of all forms of violence against women, will be examined by the Government and that the establishment of a national centre for the prevention of violence against women and the protection of women has been proposed to the Cabinet. The Committee hopes that these legislative initiatives will provide comprehensive legal protection for all workers against direct and indirect discrimination at least on all the grounds enumerated in Article 1(1)(a) of the Convention, and with respect to all aspects of employment and occupation, and it requests the Government to provide a copy of the Act on non-discrimination in employment and education, as well as information on its practical application. The Committee urges the Government to ensure that the Bill on women’s security explicitly defines and prohibits all forms of sexual harassment, both quid pro quo and hostile environment harassment at work, and requests the Government to provide a copy of the Bill and information on the progress made in its adoption. Please provide information on the practical measures taken to prevent and address sexual harassment in employment and occupation, including by the national centre for the prevention of violence against women and the protection of women, once it has been established and is operational. The Committee also requests the Government to provide a copy of and information on the status of the draft Charter on citizens’ rights and the Bill amending the Civil Service Management Code for Women and the Family.

Legal restrictions on women’s employment. The Committee recalls the Government’s previous indication that section 18 of the Family Protection Act, which extended to women in limited circumstances the right to object to their husbands’ employment, had replaced section 1117 of the Civil Code, which only allows husbands to bring a court action to object to their wives taking up a job or a profession. The Committee notes that the Government now states that section 18 is no longer applicable, that section 1117 of the Civil Code is scheduled to be revised and that the necessary measures have been taken to ensure that its proposed amendment is in compliance with the provisions of international Conventions. The Committee notes that section 18 of the Family Protection Act refers to the role of family counselling centres. The Committee further notes from the Report of the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran that a draft comprehensive population and family excellence plan is currently before Parliament, which appears to introduce a hierarchy in hiring practices by both private and public institutions, stating that in all governmental and non-governmental sectors employment is to be assigned first to men with children, then to men married without children, and only then to women with children. The draft text also appears to prohibit single individuals from being employed in higher education faculties, research institutions and teaching positions at various levels if there are qualified married applicants (A/69/356, 27 August 2014, paragraph 70). With respect to the mandatory dress code, the Committee notes the Government’s statement that the dress code is generally accepted and established as a national norm and a customary practice. Regarding the discriminatory provisions favouring the husband over the wife in terms of pension and child benefits, the Committee notes that section 48 of the Family Protection Act only refers to pensions and child benefits for the wife and children of a deceased husband. Noting that the Vice-President’s Office for Women and Family Affairs has been entrusted with legal reforms relating to women’s issues, the Committee urges the Government to take steps to repeal or amend section 1117 of the Civil Code to ensure that women have the right, in law and practice, to pursue freely any job or profession of their own choosing. The Committee requests the Government to provide a copy of the draft comprehensive population and family excellence plan currently before Parliament and urges it to review any provisions that have a negative impact on women’s employment, and to provide detailed information on the steps taken in this regard. The Committee further requests the Government to indicate whether consideration is being given, in the context of the legal reforms, to review the social security provisions with a view to granting pension and child benefit entitlements to both spouses on an equal footing.

Equality of opportunity and treatment between men and women. The Committee notes from the Mission’s report that, while some legal issues remain outstanding, the Government is working towards removing obstacles which restrict women’s participation in the economy. It notes the positive and sustained efforts made by the Government to improve the access of women to education, training and jobs. A high number of women are graduating from university and women are enrolling in vocational training courses and entering university to study sciences, including engineering, although most of them appear to opt for subjects traditionally studied by women, such as human and social sciences. In 2012–13, the proportion of women in the total number of medical students in universities was 62 per cent, and the figure was 60 per cent for basic sciences nationwide. Regarding the prohibition upon women enrolling in 77 fields of study, the Government indicates that such restrictions were indeed imposed in four universities in 2012 but that, following investigation, the situation has been corrected and the practice no longer exists. The Committee notes that further progress has been made in women’s access to senior posts in the Government at the national, provincial and municipal levels. The Mission’s report and the information provided by the Government also confirm a rising trend for women to occupy senior positions in the judiciary (670 women judges in 2013). The Mission welcomed the ability of women judges to issue verdicts in cases before them, although further data is needed on the nature of the judgments and the courts concerned. Women are also moving into non-traditional areas, such as transport, shipping and mining, although their numbers remain low.

The Committee notes that, despite the progress made in education, the participation rate of women in the economy remains low at 13.8 per cent, compared with 61.6 per cent for men. However, the Committee notes from the Mission’s report that the pattern of women’s participation in the economy is changing and that measures are being taken to promote such change. Women’s empowerment, entrepreneurship and the promotion of home work and cooperatives constitute major strategies, and measures are also being taken to target women-headed families. The Committee notes the detailed information provided by the Government in this regard. The Committee also notes the Mission’s conclusions that there is recognition that practical barriers based on traditional stereotypes continue to limit women’s possibilities in employment and entrepreneurship, including in management positions. A view also prevails that women bear the main responsibility for the family and that measures are needed, including awareness-raising measures, to address stereotypes regarding the suitability of jobs for women and to ensure that women do not remain in traditional career tracks as a result of cultural barriers and stereotypes regarding their role in society. The Mission noted that the Government is working to overcome social and cultural barriers to women’s full participation in the labour market, but that further efforts are needed. The measures to assist women to reconcile work and family responsibilities are to be welcomed, but their impact will need to be assessed. The Committee requests the Government to continue to examine and address the obstacles that exist in practice, including cultural barriers, to equality of opportunity for women in employment and to provide information on the measures taken to promote and support the participation of women in the labour market on an equal footing with men, including their attainment of high-level and decision-making posts. Welcoming the range of activities aimed at promoting women’s entrepreneurship, the Committee requests the Government to indicate the impact of such measures in practice, including the number of women who have benefited from them. It also requests the Government to take measures to encourage women to enrol in a wide range of vocational training courses and fields of study, and to ensure that they obtain employment in the technical fields in which they graduate. While noting the importance of measures to assist workers to reconcile work and family responsibilities, the Committee reiterates its request to the Government to evaluate and adapt the measures that are under consideration with a view to ensuring that they do not in practice have the effect of reinforcing traditional roles and stereotypes, such as the view that women are solely responsible for the family or that they should be confined to certain types of jobs, thus further limiting their access to the labour market in practice. The Committee requests the Government to continue to provide the statistics that are available on public and private sector employment participation rates disaggregated by sex, and on the rates of participation of women and men in the various subjects of study and vocational training courses. The Committee requests the Government to continue to provide data on the number of women and men in the judicial system (the different branches of the courts and levels), and statistical data on the nature and number of judgments handed down by female judges, and the courts concerned.

Discrimination based on religion and ethnicity. The Committee notes from the Mission’s conclusions that the situation is improving and the Government is taking action. Problems relating to discrimination mainly exist in practice. The Committee notes that the Mission met representatives of the recognized religious minorities in Parliament and was able to confirm that recognized religious minorities have been able to achieve progress in employment and education. Recognized minorities are also able to discuss issues of importance, including perceived discrimination. The Government indicates that in 2014 several projects have been approved for Sistan and Balouchestan Province aimed at creating more job opportunities for local people, and that funding has been allocated in the annual budget to assist religious minority communities. The Government has provided information on the overall numbers of persons participating in technical and vocational training in provinces with minorities during 2013. Ethnic minorities are represented in the public administration, but no data have been provided. The Committee notes from the Mission’s report that the situation of non-recognized religious minorities, in particular the Baha’i, remains sensitive, including the societal attitude towards members of this group. No statistics could be produced indicating the number of members of the Baha’i (or any other non-recognized religion) in the public service. The impact of the Selection Law, which requires prospective state officials and employees to demonstrate allegiance to the state religion (gozinesh), on these groups remains unclear. The actual situation regarding the access of the Baha’i in practice to universities also remains unclear. At the same time, the Committee notes from the Mission’s report that there are indications of a more open environment allowing some issues to be discussed, but that this process is expected to take time. The Committee notes with interest the appointment of a special adviser to the President for religious and ethnic minority affairs to monitor compliance with the principles of citizenship and the applicable laws and regulations. The Committee hopes that measures will continue to be taken to promote non-discrimination for ethnic and religious minorities, and it requests the Government to collect, analyse and provide information on the participation rates of men and women members of recognized religious minorities in employment and occupation, and in specific training courses and fields of study, as well as information on the measures taken to eliminate any discrimination in employment and occupation in practice. The Committee requests the Government to make every effort to work towards the elimination of discrimination in law and practice against the members of non-recognized religious groups in education and employment, in accordance with the requirements of the Convention, and to adopt measures to foster respect and tolerance in society of all religious groups. The Committee also requests the Government to provide information on the status and impact of the Selection Law on non-recognized religious minorities.

Enforcement. The Committee notes that the Mission was able to meet the Islamic Human Rights Commission (IHRC), which is authorized to receive complaints. The Committee notes from the Mission report that the IHRC has received a few cases regarding gender and religious-based discrimination in employment and occupation, and is gaining influence in addressing human rights violations due to the changing environment. No further information on the enforcement of anti-discrimination provisions has been received. The Committee requests the Government to provide information on the activities of the IHRC, and detailed information on the number and nature of complaints related to equality and non-discrimination in employment and occupation, and how such complaints have been addressed by the IHRC, the labour inspectorate, the courts, the conciliation boards for religious minorities and any administrative bodies, including the remedies provided and the sanctions imposed. The Committee again requests the Government to take concrete measures to increase the awareness of workers, employers and their organizations of the principle of the Convention and the available complaints procedures, and to increase the capacity of those involved in monitoring and enforcement to identify and address discrimination in employment and occupation.

Social dialogue. The Government indicates that the Labour and Social Security Institute, as a tripartite body, has taken measures to develop materials and conduct training courses to increase the awareness of workers, employers and related organizations of labour standards. The Government also indicates that it has established the Government Social Dialogue Council, which has had 14 technical meetings. The Committee recalls that the provisions of the Convention require the implementation of the policy of non-discrimination and promotion of equality in cooperation with the social partners. Noting the interest and involvement of employers’ and workers’ organizations during the Mission, the Committee requests the Government to provide information on their involvement in promoting the application of the Convention, including through the Social Dialogue Council, and the technical tripartite national committee.

The Committee welcomes the activities undertaken to follow up the Mission and the signing of a Memorandum of Understanding between the Government and the International Training Centre of the ILO, which specifies areas for future cooperation, including capacity building for judges on ILO standards and the promotion of women’s participation in the labour market. The Committee encourages continued collaboration between the Office and the Government with a view to promoting the full application of the Convention.