Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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

Articles 1 and 2 of the Convention. Protection against discrimination in employment and occupation. Legislation. The Committee recalls that the Labour Code provides that “skin colour, race, language and the like do not constitute any privilege or distinction” and “all individuals, whether men or women, are entitled to the same protection of the law”. With reference to its previous comments and to the conclusions of the Committee on the Application of Standards of the International Labour Conference (June 2013), the Committee recalls that the adoption of a law on non-discrimination in employment and education had been envisaged and a Bill passed by the Parliament some ten years ago. It further recalls that over the years a number of bills, policies, plans and proposals had been referred to by the Government but have never come to fruition. In this context, the Committee notes with concern that, either through a national equality policy or through legislation, there is still no comprehensive protection of workers against discrimination based on all the grounds enumerated in Article 1(1)(a) of the Convention and covering all aspects of employment and occupation, including recruitment, in accordance with Article 1(3). In this regard, the Committee recalls that the Convention requires the State to review whether legislation is needed to secure the acceptance and observance of the principles of the Convention. The necessity of legislative measures to give effect to the Convention must thus be assessed within the framework of the national policy as a whole, having regard in particular to the other types of measures which may have been taken, and to the effectiveness of the overall action pursued, including whether there are adequate and effective means of redress and remedies. The enactment of constitutional or legislative provisions or regulations continues to be one of the most widely used means to give effect to the principles of the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 734–737). In light of the above, the Committee asks the Government to take appropriate steps to ensure that effective and comprehensive legal protection for all workers is ensured, whether nationals or foreigners, against direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, including political opinion, religion, national extraction and social origin, and with respect to all aspects of employment and occupation, including access to vocational training and employment. The Committee asks the Government to provide information on the steps taken to that end and their outcome.

Articles 1(1)(a) and 3(c). Discrimination based on sex. Legal restrictions on women’s employment. The Committee recalls that since 1996, it has been asking the Government to repeal or amend section 1117 of the Civil Code, which allows a husband to prevent his wife from engaging in an occupation or technical profession which, in his view, is incompatible with the family’s interests or his dignity or the dignity of his wife. Recalling that, pursuant to Article 3(c) of the Convention, ratifying States undertake to repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with the equality policy, the Committee notes once again with deep regret that there has been no significant development in this regard. It notes, however, the Government’s indication, in its report, that “the issue of addressing ambiguity or amendment of article 1117 of the Civil Code is still on the Government’s agenda” and “is under consideration by the Judiciary in close collaboration with the Government”. The Government also indicates that the Bill for the Amendment of certain provisions of the Family Protection Act of 2012 provides, in its section 7, that “[i]f the wife is employed prior to marriage and the husband is informed or ask employment to be a condition within the marriage contract, or the future employment of the wife is inferred from the wife’s status and the husband has not conditioned prohibition of employment, or in cases where the husband after marriage has agreed with the employment of the wife, the husband’s lawsuit regarding employment prohibition against the wife is not admissible”. While taking note of this draft provision that could mitigate some of the effects of section 1117 of the Civil Code on women’s access to employment in certain cases if it is adopted and applied in practice, the Committee strongly urges the Government, once again, to take the necessary measures to repeal section 1117 of the Civil Code to ensure that women have the right, in law and in practice, to freely pursue any job or occupation of their own choosing, in accordance with the Convention. To be able to assess the impact of section 1117 of the Civil Code on women’s employment in practice, it asks the Government to provide information on the number, nature and result of cases in which a husband has invoked section 1117 of the Civil Code to oppose his wife’s engagement in an occupation.

Sexual harassment. The Committee notes the Government’s indication that all forms of harassment at work, whether in the form of sexual harassment from a superior or hostile work environment, are prohibited and, according to criminal law, any sexual assault, harm, harassment and violence is recognized as a crime and penalties exist for it. The Government adds that: (1) complaints regarding any kind of sexual harassment, harm and violence are addressed by criminal courts; (2) the non-governmental organizations active in supporting women can lodge complaints for women with the competent judicial authorities and be present during proceedings; and (3) a trained woman officer will be responsible for investigating a woman’s case. The Committee notes this information and the Government’s indication that it has translated the Violence and Harassment Convention, 2019 (No. 190), and its accompanying Recommendation No. 206, and had them disseminated in both the private and public sectors. The Committee notes the Government’s indication that the Protection, Dignity and Security of Women against Violence Bill was: (1) approved on 14 January 2021 by the Government and the President; (2) sent to Parliament for approval; and (3) referred to the Legal and Judiciary Committee of Parliament for examination. It further notes the Government’s indication that the legal, policy and executive measures it has taken on sexual harassment at the workplace include: (1) the organization of awareness-raising activities with employed women; (2) the setting up of a task force on women’s security at the workplace; (3) the pilot implementation of a women’s security plan at the workplace in the Judiciary; and (4) the proposal to include women’s security at the workplace (i.e. no violence and no sexual harassment at the workplace) in the gender equity indicators under article 101 of the 6th Development Plan as well as the draft 7th Development Plan.

In this regard, the Committee considers that, to prevent and address effectively all forms of sexual harassment in employment and occupation and protect workers against such practices, explicit and comprehensive legislation, applicable to both women and men workers and taking into account the specificities of the workplace, including the fear of losing their job and therefore their earnings, is necessary and would enable workers to avail themselves more efficiently of their right to a workplace free from sexual harassment. In this regard, the Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (General Survey on the fundamental Conventions, 2012, paragraph 792). While noting the steps taken by the Government on “women’s security”, the Committee once again asks the Government to take the necessary steps to ensure that clear and comprehensive legal provisions aimed at preventing and addressing all forms of sexual harassment against all workers not only by a person in a position of authority but also by a colleague or a person with whom workers have contact as part of their job (client, supplier, etc.), including provisions against victimization, appropriate complaint mechanisms and procedures, sanctions and remedies, are included in the Labour Code. The Committee also asks the Government to provide information on the progress made with regard to the adoption and implementation of the Protection, Dignity and Security of Women against Violence Bill and to provide information on the manner in which sexual harassment in employment and occupation is addressed, and to specify the relevant provisions. Finally, the Committee asks the Government to continue undertaking specific activities to prevent sexual harassment at work, through the Committee for Prevention of Violence and the Special Taskforce on the security of women at the workplace, including awareness-raising campaigns at both the national and workplace levels in the public and private sectors.

Equality of opportunity and treatment for men and women. The Committee takes due note of the detailed statistics provided by the Government, disaggregated by major occupational group, regarding the employment of men and women in the private and public sectors in 2019. It notes that, according to this data, women represented 16.2 per cent of employees in the private sector and 36.6 per cent in the public sector. The Committee also notes the data concerning the number of women judges. In addition, it takes note of the information on the situation of women in employment provided by the Government to the United Nations (UN) Human Rights Committee in its fourth periodic report under the International Covenant on Civil and Political Rights. The Government indicates that: (1) the rate of women’s economic participation has increased from 12.4 per cent in 2013 to 16.4 per cent in 2018; (2) the number of women working in governmental organizations has increased from 34.64 per cent in 2009 to 41.67 per cent in 2018; (3) more than 4,000 women active entrepreneurs; (4) by 2018, 223 centres had been established and are operating throughout the country, of which about 20 per cent are managed by women entrepreneurs; (5) between 2011 and 2019, a total of 523,371 companies and institutions were registered by women (CCPR/C/IRN/4, 23 August 2021, paragraph 20). The Committee recalls that it previously noted the Government’s indication that women’s economic participation was 17.3 per cent in 2016, which seems to indicate that their level of participation fell in 2018 (16.4 per cent) and clearly shows that women’s participation in the labour market remains very low and change is occurring slowly. It further notes from the Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran that “women’s access to formal employment is restricted, with 29.7 per cent of women between the ages of 18 and 35 being unemployed in 2019. Despite major advances in education, female labour force participation in the country is 17 per cent. The majority of working women are employed in the informal sector with minimal labour law protection; female university graduates make up 67.5 per cent of all unemployed individuals. Women from minority backgrounds face intersectional discrimination, with the highest unemployment rates found in provinces where the majority of the population are from ethnic and religious minorities” (A/HRC/46/50, 11 January 2021, paragraph 57). The Committee also notes, from the 2021 Report of the Secretary-General on the situation of human rights in the Islamic Republic of Iran that, “between December 2019 and December 2020, the annual rate of individual economic activity fell by 2.9 per cent with close to 1.5 million people leaving the job market, the vast majority of them women” (A/HRC/47/22, 14 May 2021, paragraph 53). In addition, the Committee recalls that, in its previous comment, it noted that the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran regretted that discrimination on the basis of gender pervades society and that the pace of change concerning the protection of women from discrimination was slow (A/75/213, 21 July 2020, paragraph 46), and that discrimination in the job market continued to prohibit women from working in certain professions (A/HRC/37/68, 5 March 2018, paragraph 63).

The Committee notes the Government’s indication in its report that it is identifying and supporting capable women with a view to recruiting them into management positions, thereby implementing the 30 per cent employment quota, and that it has set up a database in order to increase women’s share in such positions. The Government adds that it has organized tens of specialized training workshops, including on marketing, production, sales, entrepreneurship, innovation, for 53,000 female graduates in order to facilitate their access to employment. Since 2000, it has been implementing the Plan on rural and tribal women micro-credit funds, with more than 2,200 micro-credit rural funds active, covering about 100,000 members (direct beneficiaries) and 300,000 others (indirect beneficiaries), as well as other plans to develop micro-businesses and sustainable farming. The Government also indicates that technical economic working groups to manage the damage caused by the COVID-19 pandemic on the status of women’s production units and home workshops were set up, and support was provided for home businesses and production units during the pandemic. With regard to technical and vocational training, the Committee notes from the data provided by the Government, that female students represented 37.5 per cent of total students in 2019–20. In light of the above and the persistent low participation rates of women in the labour market, the Committee asks the Government to take steps to: (i) address actively the obstacles that exist in law and practice to women’s access to the labour market, including prejudice and stereotypes regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs; (ii) continue to promote and encourage the participation of women in the labour market in a wider range of occupations at all levels on an equal basis with men; and (iii) continue to provide up-to-date statistics disaggregated by sex and occupation in both the public and private sectors. The Committee asks the Government to provide information on the measures adopted to that end and the results achieved on the equal participation of women in the labour market in all sectors of the economy.

Draft Comprehensive Population and Family Excellence Plan and other measures. In its previous comment, the Committee took note of the new draft of the Comprehensive Population and Family Excellence Plan (Bill No. 264) with the same objective as the former Bill, which is to achieve a fertility rate of 2.5 children per woman by 2025. The Committee recalls that Bill No. 264 maintains some of the hiring priorities: section 10 provides that governmental and non-governmental departments shall give priority in employment to married men with children and to married men without children, and the employment of single persons is permitted only in the absence of qualified married applicants. It further recalls that it expressed its concern on the approach taken to restrict women’s access to employment in Bill No. 264, and particularly that of single women and women without children, in contravention of the protection against discrimination set out in the Convention. The Committee notes that the Government also emphasizes that the right of women after their maternity leave to return to their job is protected by labour inspectors and the courts. It takes note of the Government’s indication that the draft Comprehensive Population and Family Excellence Plan is still under consideration. In light of the above, the Committee once again urges the Government to ensure that the measures taken to promote population policies and maternity protection do not constitute obstacles to the employment of women in practice. More specifically, the Committee asks the Government to ensure that all of the restrictions on women’s employment and the prioritization of men’s employment in draft Bill No. 264 are removed from the Comprehensive Population and Family Excellence Plan. In the absence of information in the Government’s report, the Committee once again urges the Government to ensure that restrictive measures are not taken in practice through the introduction of quotas which serve to limit women’s employment in the public sector. It asks the Government to provide information on any developments regarding the adoption of the Comprehensive Population and Family Excellence Plan and its content regarding gender equality.

Discrimination based on religion and ethnicity. With regard to its previous comments on the situation of non-recognized minorities and the practical impact of the Selection Law based on Religious and Ethical Standards, 1995, which requires prospective state officials and employees to demonstrate allegiance to the state religion (gozinesh), the Committee notes the Government’s repeated statement that the education, employment and occupation of religious minorities are protected in law and in practice. The Government adds that, according to the Constitution, religious minorities enjoy the right to education; they can freely study at regular schools, as well as in their special schools, and teach their religious studies and enjoy their own local and ethnic language in press, media and schools. It further indicates that religious minorities are entitled to participate in Islamic labour councils, and the role of the Special Adviser to the President for religious and ethnic minority affairs is to help the President make decisions to facilitate the affairs of ethnic groups and religious minorities. While noting this general information, the Committee notes that the Government’s report does not contain any reply to its previous requests regarding the practical impact of the Selection Law on the access to employment of members of religious minorities and the situation of non-recognized religious minorities. The Committee therefore once again urges the Government to take the necessary steps to eliminate discrimination in law and practice against members of religious minorities, especially non-recognized religious groups, in education, employment and occupation, and to adopt measures to foster respect and tolerance of all religious groups in society. The Committee once again asks the Government to consider amending or repealing the Selection Law in order to ensure that people from all religions and ethnic backgrounds have equal access to employment and opportunities in both the public and private sectors, as well as to training and educational institutions. Noting once again the lack of information communicated in this regard, the Committee again asks the Government to provide information on the labour market participation rates of men and women from religious minorities in the public and private sectors.

Article 3(a). Social dialogue. Further to its request regarding activities and efforts for cooperation with employers’ and workers’ organizations to promote the application of the Convention, the Government indicates that it monitors the application of ILO conventions by organizing tripartite meetings and continues to consult workers’ and employers’ organizations and “other beneficiary organizations on various grounds and occasions, including during phases of formulating laws and regulations”. While noting this general information, the Committee encourages the Government to formulate and adopt awareness-raising, training and capacity-building measures aimed at employers and workers and their respective organizations to promote equality in employment and occupation and a better understanding of how to identify and address discrimination. It asks the Government to provide information on any steps taken to that end.

Enforcement. The Committee notes the Government’s indication that petitions, claims and disputes lodged with the courts and the Administrative Court of Justice are not registered under the heading of “discrimination in employment and occupation”, and it is therefore impossible to provide exact data and statistics on litigation regarding this issue. In this regard, the Committee stresses the need to collect and publish information on the nature and outcome of discrimination complaints and cases as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms (2012 General Survey, paragraph 871). Recalling that data collection and analysis is an important aspect of monitoring the implementation of the Convention in practice and is necessary to determine whether the measures taken have had a positive impact on actual situations and to inform future decisions, the Committee asks the Government to take steps to begin compiling information on the number and nature of claims and disputes relating to discrimination in employment and occupation filed with the competent authorities and to provide such information, when it is available.