Informe provisional - Informe núm. 413, Marzo 2026

Caso núm. 2508 (Irán (República Islámica del)) - Fecha de presentación de la queja:: 25-JUL-06 - Activo

Allegations: The complainants denounce 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. 246. The Committee last examined this case (submitted in 2006) at its June 2025 meeting, when it presented an interim report to the Governing Body [see 411th Report, approved by the Governing Body at its 354th Session, paras 322–349]. 
2. 247. The International Trade Union Confederation (ITUC) sent additional information in a communication dated 21 October 2025.
3. 248. The Government has not provided any information on the measures taken to implement the recommendations of the Committee.
4. 249. The Islamic Republic of Iran has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 250. At its June 2025 meeting, the Committee made the following recommendations [see 411th Report, para. 349]:
   • (a) Noting that three years after their arrest, Ms Kohler and Mr Paris remain in provisional detention, the Committee again firmly urges the Government to ensure that they are immediately released and to guarantee their safe return to their country and to keep it informed of the measures taken in this regard.
   • (b) The Committee again urges the Government to initiate the process of reviewing Chapter VI of the Labour Law and the By-law on the establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations, which provide the overarching framework for organizing in the country and to keep it informed of the efforts to amend the guidelines and procedures concerning arts, media and culture professional organizations, with a view to the abrogation of all provisions imposing a trade union monopoly at any level and their replacement with provisions that recognize the right of all workers, to establish and join organizations of their own choosing. It requests the Government to provide information on the steps taken in this respect and to communicate any draft drawn up or text adopted in the process.
   • (c) The Committee expresses the firm expectation that, with ILO technical assistance and in full consultation with representatives of workers and employers, the Iranian legislation will be rapidly brought into line with freedom of association. It further reiterates its previous request for information, as set out in its 403rd Report, paragraph 304(a).
   • (d) The Committee once again urges the Government to ensure that the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH) can function without hindrance through its de facto recognition pending legislative reform, and to take steps to ensure that its officials and members are not arrested, detained and prosecuted for legitimate trade union activities. The Committee requests the Government to keep it informed of the steps taken and the progress made in this regard.
   • (e) The Committee recalls the importance it attaches to the 1970 Resolution concerning Trade Union Rights and Their Relation to Civil Liberties and draws the Governing Body’s attention to the serious and urgent nature of this case.

B. Additional information from the complainant

1. 251. In a communication dated 21 October 2025, the ITUC alleges that, on 27 July 2025, Ms Cécile Kohler and Mr Jacques Paris were transferred to an undisclosed location for pretrial detention and were subsequently convicted and sentenced by the Iranian judiciary on 14 October 2025 for multiple offences, including espionage, conspiracy against national security and intelligence cooperation. The ITUC adds that they received concurrent terms of imprisonment of 32 years and 31 years, respectively.
2. 252. The ITUC recalls that the matter concerning the arrest of Ms Cécile Kohler and Mr Jacques Paris was brought to the attention of the Committee on 7 May 2022 and reiterates its deep concern regarding the conditions of their detention, which it considers amount to torture and have serious implications for their health. The ITUC strongly condemns the use of the judiciary and national security laws and processes to criminalize legitimate trade union and solidarity activities.
3. 253. The ITUC once again requests the Committee to call on the Government to immediately release Ms Cécile Kohler and Mr Jacques Paris and ensure their safe return to their country.

C. The Committee’s conclusions

1. 254. The Committee recalls that this case, lodged in 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 trade union members and officials, including foreign trade unionists, and the inadequate legislative framework for the protection of freedom of association.
2. 255. The Committee recalls that the Government previously indicated that Ms Cécile Kohler and Mr Jacques Paris were charged with the crime of “assembly and collusion with the intention of committing a crime against the security of the State”, for having provided training to the members of Iranian teachers’ unions on methods of organizing, on holding strikes and protests, and on methods of safe contacts and communications avoiding surveillance by intelligence services. The Committee further recalls that it had noted in its previous examination of this case that the acts attributed by the Government to Ms Kohler and Mr Paris fall within legitimate trade union activities for which no one should be arrested, detained, prosecuted or sentenced. It further recalls that, although the Committee had noted the Government’s indication that efforts were being made to ensure that the above individuals receive pardons and amnesty, it had also expressed its regret over the absence of information regarding the nature of their trial or the due process guarantees afforded to the two trade unionists, including those set out in the International Covenant on Civil and Political Rights, and that it had observed that, three years after their arrest, the Committee had still not been informed of any conviction by a court of law or provided with a copy of any judicial decision in their case.
3. 256. The Committee notes with deep concern the additional information submitted by the ITUC regarding the conviction and sentencing of Ms Kohler and Mr Paris on 14 October 2025, resulting in excessively long prison sentences of 32 and 31 years, respectively. In the absence of any information from the Government on the situation of Ms Kohler and Ms Paris, the Committee nevertheless notes, based on the information accessible on the public website of the French Ministry for Europe and Foreign Affairs, that the two individuals were transferred to the French Embassy in Tehran on 4 November 2025, and that efforts by the French authorities are ongoing to ensure that they may return to their country as soon as possible. The Committee understands that the two trade unionists have been conditionally released after more than three years of detention, yet they remain prohibited from leaving the country while their safe return to France remains subject to bilateral negotiations between the Islamic Republic of Iran and France. The Committee wishes to recall in this respect that ”the detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular”, and that “[t]he Committee has drawn attention to the importance that it attaches to the principle set out in the Universal Declaration of Human Rights that everyone has the right to leave any country, including one’s own, and to return to one’s own country” [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 123 and 191]. Noting that Ms Kohler and Mr Paris were sentenced to very heavy prison terms and have been conditionally released after three years of detention, the Committee firmly urges the Government to set aside their sentences, ensure their unconditional release and guarantee their swift and safe return to their country. It requests the Government to provide information on all measures taken in this regard.
4. 257. As regards the legislative framework for freedom of association, the Committee recalls that it previously noted the Government’s indication that the labour law had not been revised, but that the Ministry was pursuing efforts to amend the regulations governing arts, media and cultural organizations. The Committee recalls that, throughout the examination of this case, it has noted that a trade union monopoly is enshrined not only in the provisions of the Labour Law, but also in the By-law on the establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations (the By-law), as well as the guidelines and procedures concerning arts, media and culture professional organizations [see 396th Report, paras 442–443]. The Committee once again urges the Government to initiate the process of reviewing Chapter VI of the Labour Law and the By-law which provide the overarching framework for organizing in the country and to keep it informed of the efforts to amend the guidelines and procedures concerning arts, media and culture professional organizations, with a view to the abrogation of all provisions imposing a trade union monopoly at any level and their replacement with provisions that recognize the right of all workers and employers to establish and join organizations of their own choosing. It urges the Government to provide information on the steps taken in this respect and to communicate any draft drawn up or text adopted in the process.
5. 258. Having previously noted that the bill for the ratification of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No.144), was still with Parliament and having taken due note of the Government’s request for technical assistance, the Committee once again expresses the firm expectation that, with this assistance and in full consultation with the most representative workers’ and employers’ organizations, the Iranian legislation will be rapidly brought into line with freedom of association. It further reiterates its previous request for information, as set out in its 403rd Report, paragraph 304(a) concerning the possible ratification of Conventions Nos 98 and 144.
6. 259. In the absence of any information from the Government in relation to the functioning of the SVATH, the Committee once again urges it to ensure that the SVATH can function without hindrance through its de facto recognition pending legislative reform, and to take steps to ensure that its officials and members are not arrested, detained and prosecuted for legitimate trade union activities. The Committee requests the Government to keep it informed of the steps taken and the progress made in this regard.
7. 260. The Committee once again recalls the importance it attaches to the 1970 Resolution concerning Trade Union Rights and Their Relation to Civil Liberties and draws the Governing Body’s attention to the serious and urgent nature of this case.

The Committee’s recommendations

1. 261. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Noting that Ms Cécile Kohler and Mr Jacques Paris were sentenced to very heavy prison terms and have been conditionally released after three years of detention, the Committee firmly urges the Government to set aside their sentences, ensure their unconditional release and guarantee their swift and safe return to their country. It requests the Government to provide information of the measures taken in this regard.
   • (b) The Committee again urges the Government to initiate the process of reviewing Chapter VI of the Labour Law and the By-law on the establishment, the scope of duties and powers, and the forms of operation of trade associations and their confederations, which provide the overarching framework for organizing in the country and to keep it informed of the efforts to amend the guidelines and procedures concerning arts, media and culture professional organizations, with a view to the abrogation of all provisions imposing a trade union monopoly at any level and their replacement with provisions that recognize the right of all workers, to establish and join organizations of their own choosing. It urges the Government to provide information on the steps taken in this respect and to communicate any draft drawn up or text adopted in the process.
   • (c) The Committee once again expresses the firm expectation that, with ILO technical assistance and in full consultation with the most representative workers’ and employers’ organizations, the Iranian legislation will be rapidly brought into line with freedom of association. It further reiterates its previous request for information, as set out in its 403rd Report, paragraph 304(a) concerning the possible ratification of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).
   • (d) The Committee once again urges the Government to ensure that the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH) can function without hindrance through its de facto recognition pending legislative reform, and to take steps to ensure that its officials and members are not arrested, detained and prosecuted for legitimate trade union activities. The Committee requests the Government to keep it informed of the steps taken and the progress made in this regard.
   • (e) The Committee once again recalls the importance it attaches to the 1970 Resolution concerning Trade Union Rights and Their Relation to Civil Liberties and draws the Governing Body’s attention to the serious and urgent nature of this case.