Rapport intérimaire - Rapport No. 389, Juin 2019

Cas no 2508 (Iran (République islamique d')) - Date de la plainte: 25-JUIL.-06 - Actif

Allegations: Acts of repression against the local trade union at a city bus company, as well as the arrest and detention of large numbers of trade unionists

1. 423. The Committee last examined this case at its October 2018 meeting, when it presented an interim report to the Governing Body [see 387th Report, approved by the Governing Body at its 334th Session, paras 482–511].
2. 424. The International Transport Workers’ Federation (ITF) provided new allegations in a communication dated 12 October 2018.
3. 425. The Government sent its observations in a communication dated 3 February and 20 May 2019.
4. 426. 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. 427. At its October 2018 meeting, the Committee made the following recommendations [see 387th Report, para. 511]:
   • (a) The Committee firmly hopes that the multiple legislative revision processes currently under way will soon bear fruit so as to endow the Islamic Republic of Iran with a legal framework fully compatible with freedom of association principles, in particular by allowing for trade union pluralism, and requests the Government to provide information on the progress made and to send a copy of the latest drafts.
   • (b) The Committee once again urges the Government to take all the measures necessary to ensure that the SVATH may function de facto pending legislative reform and that it can recruit members, represent them and organize its activities without hindrance.
   • (c) Noting with interest that the by-law on the Management and Organization of Trade Union Demands recognizes the right of workers to organize protests and demonstrations as a legitimate trade union activity and sets a framework for the exercise of this right, the Committee trusts that the technical cooperation for training the disciplinary forces previously requested by the Government will take place in the near future and that instructions will be developed to ensure that the city and province security councils and the right enforcement forces exercise their powers in accordance with the principles recalled in the Committee’s conclusions.
   • (d) Noting with interest the Government’s indication that it has undertaken consultations with competent judicial authorities with a view to following up and settling the judicial status of the trade unionists on whose arrest and sentencing the Committee had expressed concern and that these efforts will continue until all cases are definitively settled, the Committee urges the Government to continue its efforts in order to ensure that peaceful trade union activists are not sentenced to prison on vague charges of disturbing public order, acting against national security and propaganda against the State. In particular, the Committee urges the Government to ensure that Mr Razavi, Madadi and Mr Nejati do not return to prison in enforcement of sentences condemning peaceful trade union activities and to keep it informed of the developments in this regard. The Committee further requests the Government to provide information with regard to the latest developments in the judicial proceedings against Mr Jafar Azimzadeh, Mr Shapour Ehsanirad, and Mr Jamil Mohammadi and to submit copies of any judgments issued.
   • (e) Deeply regretting that the Government has failed to honour its obligation to ensure that an independent investigation is promptly conducted into the allegations of workplace harassment during the period of re-establishment of the SVATH and the allegations of ill-treatment of Messrs Madadi and Shahabi while in detention, the Committee firmly hopes that in the future, investigations into allegations of violation of the right to freedom of association will be seriously conducted so that this right is effectively protected and guaranteed.
   • (f) In view of the number of trade unionists in detention in the Islamic Republic of Iran, the Committee urges the Government to take all the necessary measures to ensure that the right to health of the detained trade unionists is duly respected in the future, and that they are given access to medical care and medication if need be.
   • (g) The Committee requests the Government to respond without delay to the latest allegations of the ITF concerning the arrest and detention of over 200 truck drivers who had participated in a strike action in September 2018, and the request of death sentence against 17 strikers in a Qazvin province court.
   • (h) The Committee draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. The Complainant’s new allegations

1. 428. In its communication dated 12 October 2018, the International Transport Workers’ Federation (ITF) provided new allegations stating that, following industrial action taken by truckers in September in Qazvin province as a last resort in the struggle to feed their families, the Government arrested 150 truckers and then took another 200 into custody. According to the ITF, on 8 August 2018, the state-run IRNA news agency reported that a court in the province had requested possible death sentences for 17 of the truckers. The ITF requests the Committee to call upon the Government to ensure the unconditional withdrawal of charges against the detained truckers, to assure their physical safety, to engage in meaningful dialogue to address the workers’ immediate concerns and to explore the changes needed to allow the creation of a democratic and independent trade union for truckers.

C. The Government’s reply

1. 429. In its communication dated 3 February 2019, the Government reiterates that in general, it has always tried to deal with violations that take place in the workers’ community with the utmost forbearance possible, and that in certain cases even after the finalization of judicial proceedings it has kept trying to obtain pardon or mitigation of the punishment. It further adds that in the few cases where the accused had abused their status as workers to commit criminal acts such as terrorist activity, encouraging armed and subversive actions against the state, creating ethnic and religious hatred and disturbing national security, the charges have been dealt with in accordance with the law. The Government further indicates that industrial actions were managed on the basis of rules of non-violent management of gatherings and protests and misbehaviour and violent treatment of demonstrators were never authorized.
2. 430. With regard to the legislative revision processes currently under way, the Government reiterates that it has withdrawn the Bill on the Amendment of the Labour Law from Parliament following the requests of workers’ and employers’ organizations to that effect. It further indicates that the new drafts of the proposed by-laws subject to sections 131 and 136 of the Labour Law which had been presented to the Council of Ministers for study and approval were returned to the High Labour Council for further review, due to objections raised by some confederations of trade unions. Finally, the reform of the Act on the Establishment of High Labour Council is on the agenda of the Social Committee of the Islamic Parliament of Iran and the Government’s viewpoints and suggestions have been transmitted to that committee.
3. 431. With regard to the Committee’s recommendation urging the Government to take all the necessary measures to ensure that the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH) may function de facto pending legislative reform and that it can recruit members, represent them and organize its activities without hindrance, the Government reiterates its commitment to the right of the workers’ organizations to establish themselves and organize their activities within the framework of the labour law of the Islamic Republic of Iran. The Government refers to Article 3 of Convention No. 87 which provides that workers’ and employers’ organizations shall have the right to elect their representatives in full freedom and adds that regulations related to all workers’ organizations under the labour law of the Islamic Republic of Iran provide that the general meeting of all members of an organization has the responsibility of electing the organization’s officials and articles 1 and 3 of the Act on Islamic Labour Councils (1985) and the relevant by-laws underscore the importance of holding the general meeting of employees and the election of workers’ representatives. It further indicates that through participation in general meetings, more than 4,000 employees of the Tehran and Suburbs Bus Company have elected their representatives for an extendable period of two years. Therefore, the Government indicates, the company currently has its legal workers’ organization appointed by the majority of its personnel. The Government further adds that seven Islamic labour councils have been established and registered in various sections of the company in compliance with national regulations and right now their elected members are active in defending the interests of the workers. The Government finally indicates that the mentioned persons face no prohibition for membership in the existing organizations or acquiring the vote of a majority of workers and representing them, provided that they are qualified and work at the company.
4. 432. With regard to the right of workers to organize protests and demonstrations and in reply to the Committee’s recommendation trusting that technical cooperation for training the disciplinary forces will take place in the near future and that instructions will be developed to ensure that the city and province security councils and the law enforcement forces exercise their powers in accordance with the principles of freedom of association, the Government indicates that the activity of workers’ organizations in terms of providing their members with knowledge on their rights and obligations and the use of legal tools for announcing union demands is insufficient due to inadequate training and ILO technical assistance could be effective and useful for these organizations. It reiterates that workers’ organizations enjoy the right to freedom of association including the right to peaceful gatherings within the framework of the country’s applicable laws and regulations and further adds that it has communicated the recommendations of the Committee on Freedom of Association to the Human Rights Headquarters of the Judiciary and the concerned authorities.
5. 433. The Government provides the following information with regard to the developments in the judicial proceedings concerning trade union activists:
   • – Mr Ebrahim Madadi and Mr Davoud Razavi are free and out of prison.
   • – Mr Ali Nejati was sentenced to four months and 15 days of imprisonment on charges of propaganda against the State and membership of hostile groups and relationship with alien countries, however he has not yet presented himself for judgment enforcement.
   • – Mr Jafar Azimzadeh was sentenced to imprisonment on charges of assembly and collusion with the intent to commit crimes against national security and propaganda against the State. He was given five days of furlough on 5 July 2016 which was further extended to six days. He did not return to prison on 11 July and was still absent at the time of the Government communication.
   • – Mr Jamil Mohammadi was sentenced to two years imprisonment on a number of charges including assembly and collusion with the intent to act against national security. He was at large at the time of the Government communication.
   • – Mr Shapour Ehsanirad was free at the time of the Government communication.
6. 434. The Government further indicates that under article 58 of the Islamic Penal Code, convicts sentenced to discretionary punishments are entitled to parole and those sentenced to definite punishments may seek mitigation of their punishment through the pardon committee, and the Government, with the collaboration of the Human Rights Headquarters of the Judiciary, makes its best effort for the success of such applications.
7. 435. With regard to the Committee’s recommendation concerning investigation into allegations of ill-treatment, the Government rejects the allegations of ill-treatment of Mr Shahabi and Mr Madadi while in detention, reiterates its previous indications concerning the domestic mechanisms available to victims [see 382nd Report, para. 408], and requests the Committee to provide any information and documents it may have regarding the allegations. With regard to the right to health of the detained trade unionists and their access to medical care and medication the Government indicates that the Executive By-Law of Prisons and Security and Corrective Measures Organization provides for the detainees’ access to food and health, medical care and medication, employment, vocational training and rehabilitation programmes. It further adds that the prisoners have easy access to family visits including private meetings with their spouses, they can also make telephone calls and use prison clinic facilities as well as specialized services of hospitals and medical centres outside the prison.
8. 436. With regard to the ITF allegation of the arrest and detention of over 200 truck drivers who had participated in a strike action in September 2018 and the request of death sentence against 17 strikers in a Qazvin province court, the Government transmits the reply of the competent authorities indicating that 17 persons were identified and arrested in Qazvin at the time of the commotion under the guise of truckers’ strike. Among them, 15 persons were charged with disturbing public order and sentenced to discretionary punishment – imprisonment – in accordance with the law. Two other persons, whose criminal behaviour had initially created fear and intimidation on public roads and who had reportedly carried and used cold weapons, were arraigned and interrogated as bandits. The case concerning them is currently under investigation at the inspection bench of the Qazvin public prosecutor’s office. The Government further adds that, according to the information received from the judiciary, some of the persons arrested were not truck drivers but, under the pretext of supporting truck owners, created public nuisance and disturbed public order. They were thus arrested and prosecuted under charges of disturbing public order, destroying public property, insults and abuse. A detention order for trial on the above charges was issued for these 17 persons and unenforceable judgement was issued. No death sentence has been issued for anyone. The Government indicates that the case is currently at the appeal stage and that pending appeal, these 17 people are free and are not under arrest.

D. The Committee’s conclusions

1. 437. The Committee recalls that this case, lodged in July 2006, concerns acts of repression against the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH), as well as the arrest, detention and condemnation of large numbers of other trade union members and officials, and the inadequate legislative framework for the protection of freedom of association.
2. 438. The Committee notes with regret that the information submitted by the Government on the legislative reform process does not indicate any concrete progress in this regard. It therefore once again recalls its long-standing request that the Government bring Iranian legislation into line with the freedom of association principles, in particular by allowing trade union pluralism [see 360th Report, para. 807(c)] and urges the Government to take all the measures necessary to expedite the legislative reform so as to bring the current legal framework into conformity with freedom of association principles. The Committee requests the Government to provide information on the progress made and to send a copy of the latest drafts.
3. 439. The Committee notes the Government’s indications with regard to the legal workers’ organization present at Tehran and Suburbs Bus Company. The Committee observes that the information provided by the Government does not clarify whether a new union has been established in the company or whether the workers have merely elected a number of representatives or shop stewards for a period of two years. It notes however the Government’s clear indication that SVATH members face no prohibition for membership in existing organizations – which the Committee understands as a reference to the Islamic labour councils or the organization recently created through elected workers’ representatives. While the Government refers to Article 3 of Convention No. 87, the Committee would draw its attention to the fundamental principle expressed in Article 2 of the same instrument, providing that “Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation”. The Committee recalls that the right of workers to establish organizations of their own choosing implies, in particular, the effective possibility to create – if the workers so choose – more than one workers’ organization per enterprise. [See Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 479]. The Committee considers that even if the majority of workers at the company have created a new organization, this should not have any impact on the continued existence and free functioning of the SVATH. Ultimately, it is the workers who should choose the union which, in their opinion, will best promote their occupational interests without interference by the authorities. In view of the above, the Committee urges the Government to ensure that the workers at the company are free to choose the union they wish to join and that the SVATH may recruit members, represent them and organize its activities without interference from the authorities or the employer, and regardless of the eventual existence of another workers’ grouping at the company. The Committee requests the Government to keep it informed of the measures taken and the developments in this regard.
4. 440. The Committee notes the Government’s indications with regard to the status of Mr Madadi, Mr Razavai, Mr Nejati, Mr Azimzadeh, Mr Mohammadi and Mr Ehasnirad. It notes that with regard to Mr Madadi, Mr Razavi and Mr Ehsanirad, the Government only indicates that they are free, without providing information on the outcome of the proceedings that were engaged against them [see 387th Report, para. 506], or indicating whether the charges against them have been lifted or whether the cases are still open. While welcoming the information that they have not been returned to prison, the Committee firmly expects that none of these unionists is prosecuted for peaceful trade union activities and that no restriction is imposed on the exercise of their right to freedom of association. It requests the Government to provide detailed information on the outcome of the proceedings against them and send copies of the judgments issued.
5. 441. With regard to the cases of Mr Nejati, Mr Azimzadeh and Mr Mohammadi, the Committee notes with deep concern that unionists are once again sentenced to imprisonment on charges such as propaganda against the State and assembly and collusion with the intent to commit crimes against national security. The Government does not provide any indication concerning the specific actions that were qualified to fall under these charges. However, the Committee recalls that the complainants’ allegations with regard to the case of Mr Azimzadeh contained a detailed reference to the actions attributed to him in the judgment, and those actions included the establishment of the Free Union of Workers of Iran; collecting 40,000 workers’ signatures on the minimum wage petition and leading rallies outside the National Assembly and the Ministry of Labour; meeting other independent workers’ organizations, leading protests against anti-labour amendment to the Labour Law and giving and posting interviews on the website of the Free Union of Workers of Iran and a number of international news media [see 380th Report, para. 644]. The Committee considers that the right to establish a trade union is the most fundamental aspect of freedom of association and collection of signatures for a petition containing requests related to minimum wage would clearly constitute an activity aimed at protecting the occupational interests of workers. It recalls that the right to express opinions through the press or otherwise is an essential aspect of trade union rights and the full exercise of trade union rights calls for a free flow of information, opinions and ideas within the limits of propriety and non-violence and that workers should enjoy the right to peaceful demonstration to defend their occupational interests [see Compilation, op. cit., paras 241 and 208]. The Committee also notes that the Government emphasizes that in the Islamic Republic of Iran, workers’ organizations enjoy the right to peaceful gatherings. The Committee considers that all the actions referred to above constitute legitimate trade union activities and no one should be prosecuted, sentenced or sanctioned for their exercising. It therefore once again urges the Government to continue its efforts in communication with competent judicial authorities in order to ensure that peaceful and legitimate union activities such as those mentioned above do not entail criminal charges and sanctions for trade unionists and any such charges are immediately lifted. In particular, it urges the Government to ensure that Mr Azimzadeh, Mr Mohammadi and Mr Nejati are not imprisoned for exercising their right to freedom of association and to keep it informed of developments in this regard.
6. 442. The Committee notes the latest information provided by the Government with regard to the alleged request for a death sentence against 17 participants in the truck drivers’ strike in September 2018, according to which, detention order for trial on charges of disturbing public order and destroying public property was issued and an unenforceable judgement was pronounced. No one has been sentenced to death. The Government indicates that the case is currently at the appeal stage and that pending appeal, these 17 people are free and are not under arrest.
7. 443. The Committee notes that the Government does not reply to the allegation of the arrest of over 200 strikers and requests it to provide information in this regard. The Committee recalls that while it has always considered that the principles of freedom of association do not protect abuses consisting of criminal acts while exercising the right to strike, no one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike [see Compilation, op. cit., paras 965 and 971]. The Committee expects that fair trial guarantees will be assured, including the principle of presumption of innocence and the right of the accused to effective assistance by defence counsel at all stages of the proceedings, including investigation. The Committee requests the Government to take all the measures necessary to ensure that no one is imprisoned merely for having organized or having peacefully participated in the truck drivers’ strike in September 2018. The Committee further requests the Government to keep it informed of the outcome of the pending appeal proceedings in the case of 17 persons, and to send a copy of the judgments once they are issued.

The Committee’s recommendations

1. 444. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again urges the Government to take all the measures necessary, in full consultation with representatives of workers and employers, to expedite the legislative reform so as to bring the current legal framework into conformity with freedom of association principles. It requests the Government to provide information on the progress made in this regard and to send a copy of the latest drafts.
   • (b) The Committee urges the Government to ensure that the workers at the Tehran and Suburb Bus Company are free to choose the union they wish to join and that the SVATH may recruit members, represent them and organize its activities without interference from the authorities or the employer, and regardless of the eventual existence of another workers’ grouping at the company. The Committee requests the Government to keep it informed of the developments in this regard.
   • (c) The Committee once again urges the Government to continue its efforts in communication with competent judicial authorities in order to ensure that peaceful and legitimate union activities do not entail criminal charges and sanctions for trade unionists and that any such charges are immediately lifted. In particular, it urges the Government to ensure that Mr Jafar Azimzadeh, Mr Jamil Mohammadi and Mr Ali Nejati are not imprisoned for exercising their right to freedom of association and to keep it informed of developments in this regard. The Committee further requests the Government to provide detailed information on the outcome of the proceedings against Mr Razavi, Mr Madadi and Mr Ehsanirad and send copies of the judgments issued.
   • (d) The Committee requests the Government to take all the measures necessary to ensure that no one is imprisoned merely for having organized or having peacefully participated in the truck drivers’ strike in September 2018. It requests the Government to keep it informed of the outcome of the pending appeal proceedings in the case of 17 persons, and to send a copy of the judgments once they are issued. It further requests the Government to provide information in reply to the allegation of the arrest of over 200 strikers.
   • (e) The Committee draws the Governing Body’s attention to the extremely serious and urgent nature of this case.