Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 354, Juin 2009

Cas no 2323 (Iran (République islamique d')) - Date de la plainte: 12-FÉVR.-04 - Clos

Allegations: The complainant organization alleges that workers were killed and injured by riot police in the context of a strike and related protests in 2004, and that many other workers were arrested and detained. In another incident during a May Day rally in 2004, several workers were arrested and detained

1. 841. The Committee last examined this case on its merits at its June 2008 session, where it issued an interim report approved by the Governing Body at its 302nd Session [see 350th Report, paras 952–1002].
2. 842. The Government provided its observations in a communication dated 16 March 2009.
3. 843. 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. 844. In its previous examination of the case, the Committee made the following recommendations [see 350th Report, para. 1002]:
2. – The Committee requests the Government to provide full documentation of the measures taken to ensure that the competent authorities received adequate instructions so as to eliminate the use of excessive violence when controlling demonstrations, including copies of the instructions circulated to the police and the provincial security councils.
3. – The Committee requests the Government to immediately institute independent inquiries into the incidents related to a rally in support of Mahmoud Salehi’s release from prison, including the allegations that Mahmoud Salehi’s son Samarand Salehi was arrested at the rally, that Jalal Hosseini and Mohammad Abdipour were summoned to the Prosecutor’s office to prevent them from attending the gathering, and that the security forces closed down the offices of the Saqez Workers Consumer Cooperative.
4. – The Committee urges the Government to ensure that any remaining charges against Messrs Hosseini, Divangar, Hakimi and Salehi are immediately dropped and that their sentences are annulled and to keep it informed of developments in this regard.
5. – The Committee urges the Government to take the necessary measures to institute an independent inquiry into the allegations of the denial of medical treatment to Mr Salehi with a view to fully clarifying the facts, determining responsibility, punishing those responsible, compensating him for any damages suffered and preventing the repetition of such acts.
6. – The Committee urges the Government to institute without delay an independent inquiry into the complainant’s allegation of Mr Divangar’s arrest, detention, and alleged severe beating and to provide full particulars in this regard.
7. – The Committee requests the Government to confirm that all charges against Shis Amani and the other NUUDWI members have been dropped, and their sentences annulled, as well as to ensure that they receive full compensation for any damages resulting from their period of incarceration in connection with the May Day 2007 activities and to keep it informed of developments in this regard.
8. – The Committee urges the Government to provide a copy of the court judgements relating to Mr Zati and to immediately drop all charges and annul the sentences against him and to keep it informed of developments in this regard.
9. – The Committee requests the Government to provide full documentation of the independent inquiries carried out into the allegations that the Intelligence Ministry had interrogated, threatened and harassed Shis Amani, Hadi Zarei and Fashid Beheshti Zad, including copies of any reports produced there under.
10. – The Committee expects that the labour law will soon be amended so as to ensure the freedom of association rights of all workers and, in particular, temporary workers and workers in enterprises hiring less than ten employees, and requests the Government to transmit a copy of the proposed amendments as soon as they are finalized.
11. – 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 and requests the Government to accept a direct contacts mission in respect of the matters raised in the present case, as well as those raised in the other cases concerning the Islamic Republic of Iran pending before the Committee.
12. B. The Government’s reply
13. Measures to eliminate the use of excessive violence when controlling demonstrations
14. 845. As concerns the Committee’s previous recommendation on measures to ensure that the competent authorities receive adequate instructions so as to eliminate the use of excessive violence when controlling demonstrations, which might result in a disturbance of the peace, the Government states that the laws and regulations of the Islamic Republic of Iran have clearly stipulated in numerous instances the need for training and briefing of the disciplinary and security forces in their dealings with demonstrations and possible social unrest.
15. 846. The Government refers to sections of an Executive Code pertaining to the activities of political parties, political and social societies, trade unions, and Islamic societies as well as legally recognized associations of religious minorities, approved by Parliament on 28 October 1981. It states that under article A, paragraph 18: “Disciplinary and police forces are obliged to deploy trained and experienced staff to ensure the safety and security of the demonstrators”. Article A, paragraph 23, provides for the need for proper training to maintain the security of demonstrations and assemblies. To avert probable clashes between the police and demonstrators, the law also underscores the briefing of demonstrators by their leaders so as to encourage peaceful demonstrations.
16. 847. The Government indicates that with regard to the “deployment of guns by the military forces in emergency cases”, the Executive Code:
17. – requires the provision of necessary training for armed forces that are likely to deploy guns in the execution of the mission assigned to them (article 2);
18. – clearly stipulates that the police and disciplinary forces deployed to maintain discipline and security at unlawful demonstrations or having to quell rebellion and social unrest, where such missions cannot be reasonably fulfilled without the deployment of firearms, are obliged to deploy guns only at the direct command of their superior officers, under the following circumstances: only if other means duly deployed in accordance with relevant codes of instruction prove to be failing in the execution of the mission; and only if all peaceful means are tried (by the disciplinary forces) with no success and the rioters and insurgents are given prior warning about the likelihood of the deployment of guns (article 4);
19. – requires that any member of the operating force who lacks proper instructions for the deployment of guns advise his/her commanding officer of the situation. Once such personnel are found to have deployed guns during missions, their commanding officer will be held liable for the relevant consequences, if the guilty party is found to have acted within the mandate of authority of his commander (article 9);
20. – requires that the guns placed at the disposal of the police and disciplinary forces match the duties or missions for which they are to deploy those guns (article 10);
21. – stipulates that if the action of any of the operating forces, while observing the provisions of law and regulations on the deployment of guns, inadvertently leads to injury and death of innocent person(s) or causes financial damages to any person(s), the police or corresponding disciplinary forces are legally obliged to compensate that person(s) for the accrued losses and damages, to any extent ordered in accordance with the ruling of a competent court. The Government is required to stipulate a budget for such expenditures in its annual budget (article 13); and
22. – stipulates that any member of the police or disciplinary forces who deploys guns in violation of relevant provisions of the applicable laws is subject to legal proceedings and will be punished accordingly, if found guilty (article 16).
23. 848. Annex 3 of article 4 of the Law on the Mission and Responsibilities of the Disciplinary Forces of the Islamic Republic of Iran recalls the mandate of such forces in providing security of gatherings, assemblies, demonstrations and permissible and legal activities of citizens, and in preventing any unlawful assemblies and demonstrations, as well as dealing with any social turmoil or unrest and other subversive and illegal activities.
24. 849. The Government further indicates that the police department, cognizant of the threat of infringement of the fundamental rights of citizens, constantly inquires into alleged cases of violations of citizenship and human rights by its forces. Through the establishment of an independent Inspection and Supervisory Bureau, it impartially addresses any allegations of possible infringement of the civil, trade union and human rights of the subjects of the Islamic Republic of Iran by police personnel. The Chief of the Police Department of the capital, in a press conference of 3 March 2007 acknowledged the need to standardize and correct the code of practice of police personnel in their dealings with the public at large. He said that his inspectors remain vigilant against any misdemeanours by the police forces and are very sensitive about addressing any such wrongdoings. The Chief of Iran’s Police Department recently revealed that in the year 2007–08 around 1,500 police officers were dismissed on the ground of failing to meet decent policing criteria. According to official statistics released by the Police Department of the Islamic Republic of Iran, about a month ago 5,469 police personnel were penalized and some of them demoted as a result of genuine complaints lodged against them by the people. Only 1,138 police personnel were subpoenaed to the General Prosecutor’s Bureau for different misdemeanours, including rare incidents involving the alleged deployment of excessive force against, or maltreatment of, the suspects. All of these complaints are reported to the police in complete anonymity through a well-established telephone and Internet system under the General Surveillance of Disciplinary Forces scheme. Meanwhile, 17,141 police officers and personnel were also praised and promoted at the request of, and recognition by, the people for their excellent and proper conduct. Any complaint against the misdemeanours of the police may be simply reported to telephone No. 117 or by sending an electronic mail message. Within the last three years, according to the Chief of the Disciplinary Forces, the police managed to decrease the commission of misdemeanours by its personnel by as much as 12 per cent.
25. 850. The Government also refers to the State General Inspectorate Organization, stating that, as an independent supervisory body which employs 1,200 persons deployed in different specialized divisions and independent branches all over the country, it is the most important anti-corruption body in the Islamic Republic of Iran. The Head of the Organization is selected from among the highly qualified senior judges and appointed by the Head of the Judiciary. Established on the basis of article 174 of the Constitution, it has the authority to examine public institutions and organs to ensure their proper functioning and due implementation of legal provisions. The Organization constantly monitors the activities of Ministries, administration, military and police forces and other governmental and public bodies. It benefits from qualified experts as well as judicial inspectors with required judicial competency in relevant fields. The Organization immediately addresses any complaint or allegation of maltreatment of civilians by police or other disciplinary forces and any alleged violations of civil rights. More than 20,000 reports from ordinary citizens were sent to the State General Inspectorate Organization through these two channels in recent years.
26. 851. The Government states that all of the above mechanisms together with the Human Rights Headquarters, the Citizenry Courts, etc., are provided by lawmakers to address probable violations of the rights of citizens by persons holding power. It is evident, according to the Government, that its judiciary impartially addresses any flagrant infringement of the fundamental rights of the subjects of the country inclusively and, perhaps, more attentively of those of workers and the less privileged.
27. 852. The Government states that article 13 of the Law concerning “the assignment of authority of the Minister of the Interior to General Governors for granting permission for holding assemblies and demonstrations” requires the General Governors or District Governors to approve or disapprove requests, as the prevailing circumstances may require, for holding demonstrations and assemblies. Once such permission is granted, they shall advise the relevant disciplinary officials to maintain the discipline, safety and security of the demonstrations and assemblies.
28. 853. The Government indicates that the Ministry of Labour and Social Affairs (MLSA) has drafted a code of practice on the management and control of trade union and labour-related protests, in order to reduce any error and misconception in the treatment by the disciplinary forces of such events, and in compliance with the recommendation of the Committee. Among other things, the code aims at advising and briefing the disciplinary and security forces on the principle of non-violence in their treatment of different forms of labour-related and trade union protests. To give the code more legal power and legitimacy, it has been officially submitted for approval to the Supreme National Security Council and State Security Council by the MLSA.
29. 854. The Government provides a translated copy of the draft code, as well as a copy of cover letters from the MLSA addressed to the Secretariat of the Supreme National Security Council and to the head of the Ministry of the Interior, presenting the draft code and asking that it be considered for “national security services”. They are both attached as Annex 1. Notable aspects of the code include the following:
30. – The Introduction refers to legal procedures, social dialogue and dispute resolution mechanisms as “necessary and indispensable tools for [workers and employers] to seek mutually acceptable agreements to their pending labour-related problems”. The collective bargaining mechanism, for instance, “is required to protect the rights and interests of the workers and to ensure the security and sustainability of enterprises”. Some of the consequences of the failure to achieve mutually acceptable solutions to labour disputes are labour strikes, pickets, sit-ins, assemblies and peaceful demonstrations, which are “legitimate tools for workers to demonstrate the gravity of their situation”. What seems to have aggravated incidents in which worker protests have led to widespread social unrest and political disturbances is “the absence of a code of practice to help police and other disciplinary forces distinguish innocent workers’ strikes and protests from potential social unrest and disturbance”. The code thus represents a “genuine attempt to help disciplinary and security forces recognize the legitimacy of labour-related protests, demonstrations, sit-ins, etc., so as to distinguish them from other forms of social or political unrest and turmoil”. It states that the MLSA prepared the code in order that it “could ensure the ground for workers to freely exercise their very legitimate rights of protest and strikes as stipulated under national and labour laws”.
31. – Section A indicates that the MLSA shall introduce the code and “relevant regulations”, while defining “the characteristics and scope of legitimate trade union rights [and] activities arising from the respective international labour standards”;
32. – Section B provides, among other things, that preventing trade union members from pursuing their causes by resorting to the security and intelligence is construed as a violation of the rights of workers. The Ministry of Interior is therefore required to define the criteria for holding peaceful demonstrations and assemblies, while granting workers permission to hold assemblies or to attend labour protests, and the Government shall advise trade unions of the definitions and characteristics of what are considered to be unacceptable practices in the conduct of demonstrations and assemblies.
33. – Section C provides that the Ministry of Justice, in collaboration with different departments of the judiciary, are required to formulate rules and regulations in respect of possible violations of relevant civil laws by protesters and/or workers on strike. All relevant departments (police, security and other disciplinary forces) shall exercise self-restraint and refrain from resorting to disciplinary or security practices in their dealings with workers’ collective industrial actions and labour and trade union-related protests and demonstrations.
34. – Section D states: “Mindful of the Security Council instructions for maintaining discipline and public security and the need for protecting the rights and property of citizens during workers’ demonstrations and in case of unauthorized assemblies, illegal demonstrations, social and civil unrest and urban turmoil, operating police forces are to act with great prudence and self-restraint. Police and security forces are reminded that their tolerance in dealing with trade union demands of workers may prevent the alteration of the course of their protests and help prevent the spread of their labour-related protest to a widespread social commotion and unrest. The approach of the operating forces in controlling collective social disturbances and/or volatile and critical workers’ unrest is based on the principle of deployment of non-offensive, anti-riot equipment and non-deployment of excessive force and firearms”.
35. – Section E states: “Recalling the need for adherence to uniform policies and proper coordination among different organizations implicated in any form of labour and trade union protests, be they strikes, pickets, assemblies, demonstrations, etc., at the workplace or elsewhere, and being mindful of the likely occurrence of unforeseen problems at worker events, the relevant authorities are first to contact the General Directorate of the MLSA in the relevant province and to obtain the necessary background information about the event and to seek its assistance for the amicable settlement of the labour dispute by all the tools and means at their disposal”.
36. – Under section E, the Ministry of Justice and Interior “would address the existing legal shortcomings and attempt to provide for the necessary facilities, where appropriate”.
37. 855. The MLSA embarked on an extensive briefing of its General Directors and motivated them to introduce the code to other pertinent authorities. The Government provides correspondence dated 5 March 2007, which it states is from its Director-General in Fars Province to the General Governor, through which the former officially introduces the code and asks for its due observance and implementation. A copy of this correspondence was attached to the Government’s reply.
38. Attacks by security forces against a workers’ gathering in support of Salehi
39. 856. As regards the allegations that security forces violently disbanded a rally on 16 April 2007 in support of Mahmoud Salehi’s release from prison, including allegations that Mahmoud Salehi’s son, Samarand Salehi, was arrested at the rally, that Jalal Hosseini and Mohammad Abdipour were summoned to the Prosecutor’s office to prevent them from attending the gathering, and that the security forces closed down the offices of the Saqez Workers Consumer Cooperative, the Government states that it learned, through its Director in the Province of Kurdistan, that Samarand Salehi was simply invited by the police to be advised of the ill intentions of the insurgent agents in disrupting the workers’ assembly arranged for the same event. He was reported to have left the police station of his free will and was never detained.
40. 857. Messrs Jalal Hosseini and Mohammad Abdipour were both called in for a meeting with officers of the General Prosecutor of the province to discuss their pending cases and to seek a possible solution to the then-increasing labour-related tensions and disturbances in the province. Apparently neither of the two responded positively to the invitation. The General Prosecutor therefore is reported to have subpoenaed them to appear for that purpose. The Government’s Regional Director reported that judicial officials of the province deny the allegations of their detention.
41. 858. According to the Government, the closure of the Saqez Workers Consumer Cooperative was the result of poor management and of some of its board members allegedly being taken advantage of. The cooperative had long been running in the red and had already gone bankrupt. The members and the executive body were long estranged and in conflict. It was reported that the members therefore decided to discontinue their membership and close down the cooperative. The allegation of its closure by a ruling of the court is irrefutably denied.
42. Saqez
43. 859. As regards the Committee’s previous recommendation concerning the charges against Jalal Hosseini, Borhan Divangar, Mohsen Hakimi and Mahmoud Salehi, and its recommendation concerning the denial of medical treatment to the latter, the Government states that presently Mr Salehi may, of his free, will practice, among other things, his free trade union activities and has not filed any complaint relating to this allegation. Borhan Divangar fled the country two years earlier and has sought refuge with a dissident group in the Kurdistan of Iraq. His illegal departure from the country and activities since then are, according to judicial authorities, valid proof of the allegations already placed against him as to his role in illegal activities in the guise of trade union and labour-related affairs. According to judicial officials of Kurdistan, the other trade unionists accused are at large and no legal action will be brought against them either.
44. 860. As regards the Committee’s previous recommendation concerning Mr Divangar’s arrest, detention and alleged severe beating in August 2005, the Government states that the judiciary, as an independent body, would seriously and impartially look into any case of maltreatment of, or misdemeanour against, civilians by its personnel as well as by Government and disciplinary forces. Like all other subjects of the country, Mr Divangar or his lawyer may also lodge complaints with the judiciary and expect a fair hearing and trial of perpetrators of the alleged violations of his civil, trade union and human rights. They may also have recourse to the Charter of Citizenry Rights which dwells heavily on the protection of suspects and detainees along with arrest, investigation, interrogation and detention. A copy of the “Bylaws” of the Human Rights Headquarters is attached as Annex No. 3. Under the recent amendments of article 18 of the Rules and Procedures of Legal Proceedings, Mr Divangar or his appointed lawyer, may plea for a court re-hearing on the alleged violation of his rights. A few outspoken and telling verdicts and judgments released recently by homicide and penal courts have incidentally addressed the veracity of the infringement of human rights of a small number of civilians by investigators and disciplinary forces. In each of these cases, the court has severely penalized the perpetrators of the alleged violations of law, irrespective of their rank.
45. Arrest and corporal punishment for trade union activities
46. 861. As regards the allegations concerning Shis Amani and 11 members of the Nationwide Union of the Unemployed and Dismissed Workers of Iran (NUUDWI), who were sentenced to 91 days’ imprisonment and to corporal punishment of ten lashes of the whip, after being convicted on charges relating to their participation in 2007 May Day activities, the Government indicates that the 11 members of the NUUDWI may appeal to the Court of Second Hearing and demand the application of article 18 of the Rules and Procedures of Legal Proceedings, and that any reversal of court action lies, according to law, with the contending party to a conflict and not the Government, unless the Government happens to be a party to the legal proceeding as well.
47. Teachers’ Guild Association
48. 862. As regards the Committee’s previous recommendation relating to Mr Ali-Asghar Zati, the spokesperson of the Teachers’ Guild Association, the Government states that, according to an official report of the Chief of Judiciary of Kurdistan Province, Mr Zati has no judicial records in that province and no complaints had been lodged against him there. A legal case, however, has been brought against him in Tehran, where he was formally exonerated of charges on some trade union activities. According to the court ruling, he was simply found guilty of some minor misdemeanours that had nothing whatsoever to do with his trade union activities. The Government states that its efforts to obtain a copy of his court verdict are still under way and that it will provide it as soon as it is available.
49. Sanandaj Textile Factory
50. 863. As concerns the previous allegations that the Intelligence Ministry interrogated, threatened and harassed worker representatives Shis Amani, Hadi Zarei and Fashid Beheshti Zad, the Government indicates that it seriously examines any such charges and maintains that such alleged maltreatment in custody or detention must be addressed immediately by independent bodies. In the cases in question, for instance, the MLSA had pleaded for an autonomous survey to be conducted by the State General Inspectorate Organization, as well as the Human Rights Headquarters of the Islamic Republic of Iran, and has required them to advise the Government of their findings. The latter body is comprised of independent representatives from different bodies, namely legislative, administrative and judicial. Representatives of the Ministries of Justice, Foreign Affairs, Interior, Labour and Social Affairs, and Intelligence, as well as representatives of the police and disciplinary forces, do attend regular meetings addressing any violations of human rights in the different bodies. To date, the Government indicates that it is not in receipt of the findings of their reports.
51. Amendments to the Labour Law
52. 864. With respect to the Committee’s previous recommendation concerning legislative amendments to the Labour Law to ensure organizational multiplicity, including freedom of association rights for workers in enterprises employing fewer than ten employees, the Government indicates, generally, that amending the Labour Law of the Islamic Republic of Iran has been one of the most serious challenges of the Government within the last 20 years. It is a challenge bound up with a complicated and multifaceted social, political and parliamentary procedure. ILO technical cooperation was requested to ensure that amendments would be made in accordance with Conventions Nos 87 and 98. ILO experts were also invited to promote the principles of collective bargaining in the Islamic Republic of Iran by teaching both workers’ and employers’ organizations. On some occasions drafts of possible amendments to the Labour Law on controversial points were either assisted by ILO experts or brought to their attention for eventual observations or corrections. The Government adds that a draft amendment to the Labour Law is presently under technical examination in the competent Government commission for final approval.
53. 865. The Government states that paragraph 41 of article 101 of the Fourth National Development Plan clearly calls for the amendment of labour laws, social security laws, and regulations to incorporate fundamental rights at work and comply with relevant ILO Conventions and instruments, as well as to promote social dialogue in industrial relations. To fulfil the objectives of article 101, and particularly the promotion of freedom of association and the right to collective bargaining, a draft amendment was prepared and formulated jointly by the social partners to replace articles 7, 21, 24, 27, 41, 96, 112, 119, 191 and 192 of the current Labour Law. The request for amendments was officially submitted to the Cabinet of Ministers on 30 November 2006. The Secretary of Economic Commission of the Cabinet, upon examination of the submitted text of the proposed amendments to be made to the Labour Law, forwarded the Cabinet’s observations on these proposed amendments to the MLSA on 5 August 2007.
54. 866. A series of tripartite and specialized meetings subsequently resulted in a finalized version of the Labour Law amendments, entitled the Bill on the Formulation of Temporary Labour Contracts and the Creation of New Employment. According to the Government, the Bill mainly focuses on proposed policies on insurance, social security, short-term temporary contracts and contracting, as well as amendments to Chapter VI of the Labour Law. The Government states that in drafting the Bill, it gave due care to the considerations and interventions of the ILO – in particular those of the Committee. Under the proposed Bill, and in contrast to the existing law, Government permission is not required to establish a trade union. Additionally the purpose of registering workers’ and employers’ associations is merely to help the Government to fulfil its obligation to introduce the most representative workers’ and employers’ delegates to the International Labour Conference (ILC) and other relevant tripartite bodies, such as the High Labour Councils. A copy of the proposed amendments was attached to the Government’s reply.
55. 867. The Government further indicates that, on the recommendation of the social partners and, in particular, the employers, on 16 May 2007, Parliament approved the “Plan on the Removal of Obstacles in Production and Industrial Investment”, which has now been implemented. Articles 9 and 10 of the Plan also call for amendments to some of the articles of the existing Labour Law. The amendments were attached to the Government’s reply. Parliament’s Economic Commission is addressing another proposal, submitted by the Ministry of Industry on 24 January 2008, which calls for “Revisiting and Amending the Labour and Social Security Laws for optimizing Production Costs”.
56. 868. With regard to the Committee’s previous recommendation that the Government accept a direct contacts mission in respect of the matters raised in the present case, as well as those raised in the other cases concerning the Islamic Republic of Iran pending before the Committee, the Government states that it positively considers receiving a mission to review the existing situation and provide guidelines for improvement, where it seems appropriate. Referring to a previous ILO technical mission to the Islamic Republic of Iran in February 2008, when the great interest of Parliament to seriously examine the ratification of Conventions Nos 87 and 98 was made known, the Government states that it enthusiastically looks forward to receiving such missions in the future and pledges to do its utmost to ensure the fulfilment of their objectives. For some time, the Government has been taking preparatory measures for such a mission, and it would soon advise the Committee of the best timetable for the visit. The Government is confident that the constructive measures adopted by the Government and its social partners, among other things, its serious attempts at amending the Labour Law, amendments made in relevant regulations, and initiatives taken to lay the groundwork for ratification of Convention No. 87, might reasonably have paved the way for a constructive mission.

C. The Committee’s conclusions

1. 869. The Committee recalls that this case concerns: allegations of the violent police repression of strikes, protests and the May Day 2004 rally in Saqez; the arrest, detention and conviction of several trade union leaders and activists for their trade union activities; the arrest of trade union leaders of the Teachers’ Guild Association; intervention in a strike at the Sanandaj Textile Factory and subsequent harassment of the workers’ representatives; and the proposal and adoption of legislation that would restrict the trade union rights of a large number of workers.
2. 870. As regards its previous recommendation concerning adequate instructions to the competent authorities so as to eliminate the use of excessive violence when controlling demonstrations, the Committee notes that the Government reiterates that the laws and regulations of the Islamic Republic of Iran stipulate, in numerous instances, the need for training and briefing of the disciplinary and security forces in their dealings with demonstrations and possible social unrest. The Committee also takes note of the Government’s reference to: (1) sections of the Executive Code pertaining to the activities of political parties, political and social societies, trade unions, and Islamic societies, as well as legally recognized associations of religious minorities; (2) an existing code of practice of police personnel and an independent Inspection and Supervisory Bureau of the police department; (3) organs of the judiciary including the State General Inspectorate Organization, Human Rights Headquarters, and the Citizenry Courts; and (4) the draft of a code of practice on the management of trade union demonstrations and protests of the MLSA. The Committee further notes that Annex 1 containing the draft code of practice includes letters from the MLSA addressed to the Secretariat of the Supreme National Security Council and to the head of the Ministry of the Interior, presenting the draft code and asking that it be considered for the “national security services”. The Government also provides a copy of a communication dated 5 March 2007 which it states is from its Director-General in Fars Province to the General Governor, through which the former officially introduces the code and asks for its due observance and implementation.
3. 871. The Committee appreciates the initiatives taken by the Government through the measures taken by the MLSA to draft and promote a code of practice on the management and control of labour-related and trade union protests and demonstrations. The Committee notes the introduction to the draft code, which emphasizes the role of good industrial relations, collective bargaining, and dispute resolution mechanisms as “necessary and indispensable tools” for workers and employers to achieve mutually acceptable solutions to labour disputes and for protecting workers’ rights and interests as well as ensuring the security and sustainability of enterprises. Some of the consequences of the failure to achieve mutually acceptable solutions to labour disputes are labour strikes, pickets, sit-ins, assemblies, and peaceful demonstrations, which are themselves “legitimate tools for workers to demonstrate the gravity of their situation”. What seems to have aggravated incidents in which worker protests have led to widespread social unrest and political disturbances is “the absence of a code of practice to help police and other disciplinary forces to distinguish” worker strikes and protests from potential social unrest and public disturbances. The present draft code therefore represents a genuine attempt “to help disciplinary and security forces recognize the legitimacy of labour-related protests, demonstrations, sit-ins, etc., so as to distinguish them from other forms of social and political unrest and turmoil”. The code was thus prepared in the hope that the Government could ensure that the ground is laid “for workers to freely exercise their legitimate rights of protest and strikes as stipulated under national and labour laws”.
4. 872. The Committee further notes from the draft code that:
   • – Under section A, the MLSA is to introduce “relevant regulations”, while “defining the characteristics and scope of legitimate trade union rights and activities arising from the respective International Labour Standards”.
   • – Section B provides, among other things, that “preventing trade union members from pursuing their causes by resorting to the security and intelligence forces and/or limiting their legitimate trade union activities, such as holding meetings and peaceful assemblies, is construed as a violation of the rights of workers”. The Ministry of Interior is therefore required to define “the criteria for holding peaceful demonstrations and assemblies”, as well as the “definitions and characteristics of what [the Government] considers to be unacceptable practices in holding demonstrations and assemblies”, about which trade unions are to be advised by the Government.
   • – Under section C, the Ministry of Justice is required to formulate rules and regulations “in respect of possible violations of relevant civil laws by protesters and/or workers on strike”. All relevant departments (police, security and other disciplinary forces) shall exercise self-restraint and refrain from resorting to disciplinary or security practices in dealing with workers’ collective industrial actions and trade union and labour-related protests and demonstrations.
   • – Under section D, the approach of operating forces in controlling social disturbances and/or volatile and critical worker unrest is based on the principle of deployment of non-offensive anti-riot equipment and non-deployment of excessive force and firearms. Reference is made to “Security Council instructions for maintaining discipline and public security” but the content of those instructions is not specified.
   • – Section E provides that, upon the occurrence of workers’ events, the relevant authorities are first to contact the General Directorate of the MLSA in the related province to elicit the necessary background information concerning the incident and to seek its assistance in attempting an amicable settlement of the dispute by using all the tools and means at their disposal.
5. 873. The Committee further observes the correspondence of 5 March 2007 from the Chief of the Labour and Social Affairs Organization of Kerman Province addressed to the Governor of Kerman Province (not to Fars Province as indicated in the Government’s reply), which, recalling the difficulties that occurred in Shahr-e-babak, sets out a series of four recommendations, including a recommendation to resort as little as possible to police interference during workers’ strikes.
6. 874. The Committee recalls that it had previously requested the Government to provide documentation on a different set of measures to which the Government had already referred to. These included “strict rules and regulations in controlling demonstrations” implemented through the National Security Council and “very strict instructions” received by police and anti-riot forces; “pertinent regulations”, the slightest breach of which would be subject to severe penalties; “relevant strict instructions” which the National Security Council has required disciplinary forces to ensure are communicated to, and meticulously followed by, operating forces; and “instructions and guidelines” recently circulated to governors and chiefs of provincial security councils by the Deputy Minister of Interior for Security and Disciplinary Affairs. The Committee regrets that the Government has not provided the abovementioned documentation, which would have assisted its understanding of the rules, regulations and instructions already existing and which may be the basis upon which the above code of practice was elaborated and would further define its meaning and scope. It once again urges the Government to provide copies of any written documents pertaining to the above referred to regulations, etc., and of the previously referred to code of practice for police personnel. In respect of the MLSA draft code, the Committee further requests that the Government inform it of the progress made concerning its finalization and adoption and to provide full particulars on the matters referred to therein, including the rules, regulations and criteria the various Ministries are apparently required to formulate and introduce that govern the holding of demonstrations and assemblies. The Committee invites the Government to consider the possibility of receiving technical assistance from the ILO in its efforts to finalize the draft code and in the formulation of the requisite rules and regulations referred to therein, so as to ensure that workers’ organizations may carry out peaceful demonstrations without undue interference from the public authorities.
7. 875. As concerns the Committee’s previous recommendation on the incidents related to a rally in support of Mahmoud Salehi’s release from prison, including the allegations that Mahmoud Salehi’s son Samarand Salehi was arrested at the rally, that Jalal Hosseini and Mohammad Abdipour were summoned to the Prosecutor’s office to prevent them from attending the gathering, and that the security forces closed down the offices of the Saqez Workers Consumer Cooperative, the Committee notes the Government’s statement that, through its own internal inquiries, it learned that Samarand Salehi was simply invited to the police station to be advised of the ill intentions of the insurgent agents and was never detained. Messrs Jalal Hosseini and Mohammad Abdipour were both subpoenaed to the General Prosecutor’s office in order to discuss their pending cases and to seek a possible solution to labour-related tensions and disturbances in the province, and they were never detained. The Government further indicates that the offices of the Saqez Workers Consumer Cooperative were closed down as a result of poor management and a decision of the members of the cooperative themselves.
8. 876. The Committee recalls that it had previously noted the lack of sufficient information to justify the convictions of Messrs Hosseini, Divangar, Hakimi and Salehi for organizing illegal assembly and congregating to conspire to commit crimes, and had expressed deep concern that the suspension of their sentences was subject to a three-year probationary period, during which they were not permitted to organize any “illegal assembly or gathering disturbing the public order, whether union-related or not, or contact anti-revolutionary groups or people electronically, via the Internet or using telecommunication technology”. It further recalls that it considered that these conditions were intended to dissuade them from pursuing legitimate trade union activities – particularly the organizing of peaceful rallies and urged the Government to ensure that any remaining charges against these trade unionists were dropped, and their sentences annulled [see 350th Report, para. 992]. In this regard the Committee, while noting the Government’s indication that no pending charges remain against Messrs Hosseini, Hakimi and Salehi, deeply regrets that, in respect of Mr Divangar, the Government limits itself to reiterating that he had illegally departed the country and sought refuge with a dissident group in Kurdistan. The Committee deeply regrets, furthermore, that the Government has not indicated whether the four trade unionists’ suspended sentences had been annulled. The Committee once again urges the Government to confirm that all charges against Mr Divangar have been dropped and that the suspended sentences of all four trade unionists have no further validity.
9. 877. As regards the alleged denial of medical treatment to Mr Salehi during his time in prison, the Committee deeply regrets that the Government has failed to provide any indications in respect of this serious matter, except to say that Mr Salehi may have recourse to the judiciary in this matter, should he so desire. The Committee requests the Government to inform it of any action that might be taken by Mr Salehi in this regard.
10. 878. The Committee recalls that it had previously urged the Government to institute without delay an independent inquiry into the allegations of Mr Divangar’s arrest, detention, severe beating and court summons in August 2005, and to provide full particulars in this regard. The Committee notes with deep regret that the Government – while indicating that Mr Divangar may lodge complaints with the judiciary, has recourse to the Charter of Citizenry Rights and may also plea for a court re-hearing on the alleged violation of his rights under article 18 of the Rules and Procedures of Legal Proceedings – has failed to institute an independent inquiry into these serious allegations. While observing that Mr Divangar is no longer in the country, the Committee must emphasize that allegations of arrest, detention and ill-treatment of trade unionists for the legitimate exercise of trade union activities should immediately be independently investigated so as to ensure that trade unionists’ basic civil liberties have not been violated and so as to ensure that trade union rights may be exercised in a climate free from violence and intimidation.
11. 879. In respect of its previous recommendation relating to 11 members of the NUUDWI, whom the Committee recalls were sentenced to 91 days’ imprisonment and to corporal punishment of ten lashes of the whip after being convicted on charges relating to their participation in 2007 May Day activities, the Committee notes with deep regret that the Government confines itself to stating that these trade unionists may appeal to the Court of Second Hearing and demand the application of article 18 of the procedural rules, and that any reversal of court action lies, according to law, with the contending party to a conflict and not the Government, unless the Government happens to be a party to the legal proceeding as well. The Committee once again urges the Government to take steps to review the cases of Mr Amani and the other NUUDWI members so as to ensure that they receive full compensation for any damages resulting from their period of incarceration and to keep it informed of developments in this regard.
12. 880. As concerns the allegations relating to the 2004 arrest and conviction of Mr Ali-Asghar Zati, the spokesperson of the Teachers’ Guild Association, the Committee notes that the Government reiterates that Mr Zati was formally exonerated of charges relating to trade union activities. According to the court ruling, he was found guilty of some minor misdemeanours that had nothing whatsoever to do with his trade union activities. The Government further states that its efforts to obtain a copy of his court verdict are still under way and that it will provide it as soon as it is available. The Committee once again requests the Government to obtain and transmit a copy of the court ruling it refers to without delay.
13. 881. The Committee recalls that it had previously requested the Government to provide full information concerning the independent inquiries carried out into the allegations that, in January 2005, in the aftermath of strike action by workers at the Kurdistan Textile Factory, the Intelligence Ministry had interrogated, threatened and harassed Shis Amani, Hadi Zarei and Fashid Beheshti Zad, including copies of any reports produced thereunder. The Committee notes the Government’s statement that, in respect of these matters, the MLSA has pleaded for an autonomous survey to be conducted by the State General Inspectorate Organization, as well as the Human Rights Headquarters of the Islamic Republic of Iran, and has required them to advise the Government of their findings. The Government further indicates that, to date, it is not in receipt of the findings of those reports. The Committee expects that the Government will transmit copies of the reports of the inquiries conducted by the State General Inspectorate Organization and the Human Rights Headquarters of the Islamic Republic of Iran, as requested by the MLSA, and as soon as they become available.
14. 882. With regard to its previous recommendation on legislative reform and the need to ensure the freedom of association rights of all workers, in particular part-time workers and workers in enterprises having less than ten employees, the Committee notes that the Government refers to a “finalized version” of the Labour Law amendments, entitled the Bill on the Formulation of Temporary Labour Contracts and the Creation of New Employment. The Government further indicates that the draft amendment to the Labour Law is presently under technical examination in the competent Government commission for final approval. The Committee notes with interest these developments and observes that the draft provided appears to offer the possibility of opening paths for workers to form or join organizations of their own choosing. The Committee further expects that the amendments will ensure that all workers, without distinction whatsoever, will be ensured the right to form or join organizations of their own choosing, and that the Government will take all necessary measures in this regard. The Committee requests the Government to keep it informed of developments on the review of the proposed amendments.
15. 883. In respect of its previous request for a direct contacts mission, the Committee welcomes the Government’s statement that such a mission would be viewed positively, in order to review the existing situation and provide guidelines for improvement where appropriate, and that it would soon advise the Committee of the best timetable for the visit. The Committee expects that the 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 trade union demonstrations referred to by the Government.

The Committee's recommendations

1. 884. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again urges the Government to provide copies of any written documents pertaining to measures taken to ensure that adequate instructions are given to the competent authorities so as to eliminate the use of excessive violence when controlling demonstrations, including those previously referred to, as well as a copy of the previously referred to code of practice for police personnel. In respect of the MLSA code of practice on the management and control of labour-related and trade union protests and demonstrations, the Committee requests that the Government inform it of the progress made concerning its finalization and adoption and to provide full particulars on the matters provided therein, including the rules, regulations and criteria the various Ministries are apparently required to formulate and introduce that govern the holding of demonstrations and assemblies. The Committee invites the Government to consider the possibility of receiving technical assistance from the ILO in its efforts to finalize the MLSA draft code and in the formulation of the requisite rules and regulations referred to therein, so as to ensure that workers’ organizations may carry out peaceful demonstrations without undue interference from the public authorities.
   • (b) The Committee once again urges the Government to confirm that all charges against Borhan Divangar have been dropped, and that the suspended sentences of Mr Divangar, as well as those of Jalal Hosseini, Mohsen Hakimi and Mahmoud Salehi, have no further validity.
   • (c) With regard to the allegations of the denial of medical treatment to Mr Salehi during his confinement in prison, the Committee requests the Government to inform it of any action that might have been taken by Mr Salehi to seek recourse to the judiciary.
   • (d) The Committee once again urges the Government to take steps to review the cases of Mr Amani and the other NUUDWI members so as to ensure that they receive full compensation for any damages resulting from their period of incarceration and to keep it informed of developments in this regard.
   • (e) The Committee once again requests the Government to obtain and transmit without delay a copy of the court ruling it refers to relating to the 2004 arrest and conviction of Mr Ali-Asghar Zati, the spokesperson of the Teachers’ Guild Association.
   • (f) The Committee expects that the Government will transmit, as soon as they become available, copies of the reports of the inquiries conducted by the State General Inspectorate Organization and the Human Rights Headquarters of the Islamic Republic of Iran, as requested by the MLSA, into the allegations that, in January 2005, in the aftermath of strike action by workers at the Kurdistan Textile Factory, the Intelligence Ministry interrogated, threatened and harassed Shis Amani, Hadi Zarei and Fashid Beheshti Zad.
   • (g) The Committee expects that amendments being made to the labour legislation will ensure that all workers, without distinction whatsoever, will be ensured the right to form or join organizations of their own choosing and that the Government will take all necessary measures in this regard. The Committee requests the Government to keep it informed of developments on the review of the proposed amendments.
   • (h) 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 trade union demonstrations referred to by the Government.
   • (i) 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.