Individual Case (CAS) - Discussion: 2001, Publication: 89th ILC session (2001)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Iran (Islamic Republic of) (Ratification: 1964)

A Government representative, while recalling that the case had been discussed by this Committee on several occasions in recent years, emphasized the positive developments which had occurred in his country in the field of equality and deeply regretted that the Committee had decided to examine the case once again. The continued examination of the case by the Committee was disheartening and made those involved wonder what they had to do to prove their determination to fulfil their country's commitments to the ILO and comply with the Convention. The re-examination of the case was particularly surprising at a time when the re-election of President Khatami should instead be giving rise to congratulations on the progress that was being made towards democracy. Moreover, the deep commitment of the Iranian Government to eradicating discrimination had been shown by the meeting that it had hosted in August the previous year for Asian countries on the subject of combating discrimination and racism. His country had also invited the Secretaries-General of the International Organisation of Employers (IOE) and the International Confederation of Free Trade Unions (ICFTU) to attend the second tripartite forum with a view to providing them with an opportunity to exchange views with their counterparts and seek any information that they might require on the situation in the Islamic Republic of Iran and the developments which had occurred over the past year. These developments included the election of the Secretary-General of the Workers' House to Parliament. He also referred to a report, of which copies were available to the members of the Committee, covering women's activities in all fields. He recalled that his country had only been a democracy for 20 years. It was therefore particularly to be regretted that the question of compliance with the Convention continued to be examined by the Committee, especially since no discrimination was allowed by Iranian legislation. He nevertheless offered to provide anyone who so requested with full information on the situation relating to equality in his country.

Another Government representative welcomed the efforts of the Committee of Experts and the Conference Committee to enhance labour rights and improve conditions of work by monitoring and supervising the implementation of the provisions of international labour standards and providing constructive recommendations. She reiterated the commitment of the Government to the obligations deriving from its membership of the ILO and the ratification of the Convention. She said that her country was committed to the application of the Convention, whose provisions were in line with the principles, values and objectives of her country. Upholding the labour rights was one of the fundamental principles of her Government and its reports on the Convention over the past years provided a clear indication of the intention and attempts made to fulfil its obligations, both at the national level and in accordance with the relevant ILO principles. The Committee of Experts' observations on the implementation of the Convention in the Islamic Republic of Iran had received due consideration and she shared its comments on continuing dialogue and collaboration between the Iranian Government and the Office. She expressed a willingness to further expand fruitful interaction with the ILO. In its report the Committee of Experts noted positively several developments in the Islamic Republic of Iran, particularly regarding women and religious minorities, while requesting further and more detailed information. A total of nine of its paragraphs focused on women. She greatly regretted that the real image and true status of Iranian women was not fully known to the world. The Government's efforts to promote the rights of Iranian women, combined with the views of open-minded individuals and officials on women's rights, had greatly elevated the status of Iranian women. The presence of women in the Cabinet, the Islamic Consultative Assembly (Parliament), universities, city councils and other areas of social life were clear examples of the level that had been achieved in the recognition of women's rights. Decision-makers in the Islamic Republic of Iran focused on women's empowerment and their participation in all spheres of life as fundamental aspects of the development of society. The Government had adopted several important measures to promote the status of women and facilitate their full participation in decision-making. In the parliamentary elections in February 2000, of a total 6,089 candidates, 513 were women. The number of women candidates in these elections were substantially higher than in the previous two parliamentary elections. She described a number of the measures taken to promote women's rights, including the incorporation of a gender perspective in macro policies and programmes, for example through the allocation of a special budget for women's affairs in the national annual budget, which had increased by more than 10 per cent in 2000-01 compared with the previous year. A national plan of action for the advancement of women had been formulated, with emphasis on strengthening institutional mechanisms, women's human rights and the mass media. Special attention had been paid to women's affairs in the third Five-Year Development Plan 2001-05, with particular emphasis on social affairs. The action taken also included reviewing and amending the relevant legislation and improving the legal practices, and the development of national machinery for the advancement of women, and particularly the establishment of special commissions in governmental organizations and special commissions on women's affairs and the family in the Parliament. On the issue of the promotion of women's rights, she recalled the acknowledgement in the Committee of Experts' report that some progress had been made in women's participation in various sectors of wage and non-wage employment from 1991 to 1996 and that the improvement in their situation had continued up to the present. There were no restrictions on the areas in which women could study. With a view to increasing the rate of women's participation in the labour market, the Government, in accordance with section 158(B) of the Economic Development Plan on job opportunity development for women, had allocated and spent 200 billion rials and had approved all the necessary regulations in this regard. She added that the number of women's NGOs had risen to 248 in 2001, compared with 139 in 1999. Indeed, there had been a 400 per cent rise in NGOs over the past four years. One of the policy objectives of the Government was to empower women to participate in all political, economic and social fields. It was notable that in the sixth parliamentary election, held in the year 1999, over ten women had been elected, one of whom was the nominee of the Iranian "Labour-House", who had been the first woman to be elected to the Parliament's Presiding Board. The number of women in managerial posts had risen from 908 in 1997 to 2,856 in 1999, a rate of increase of 300 per cent. The rate of women's participation in the labour market had reached 11.7 per cent, compared with 10 per cent two years ago. Great importance had been given in the third Five-Year Development Plan to the development of women's cooperative enterprises. According to the law adopted recently, the Government would finance the total investment for enterprises which were 70-per-cent-owned by women. Moreover, a notable feature of the budget plan under the approved law was the allocation of a special budget for women householders under the Protection of Job Opportunities Fund. She emphasized that the promotional trend in the Islamic Republic of Iran should be taken very seriously, as it would speed up the process of the elimination of discrimination against all Iranian citizens. In 1999, the number of employed women in managerial and supervisory posts had risen to 3,029. In the same year, some 30.3 per cent of state employees had been women of whom 53 per cent were university graduates. The number of literate women in urban and rural regions in the country had risen respectively to 83 per cent and 73 per cent in 2000. Moreover, some 60 per cent of university students accepted through the university entrance exam for the academic year 1999-2000 were women.

She therefore concluded that the presence and struggle of Iranian women during the revolution and their active involvement in all social and political fields, their membership of the Cabinet, Parliament, universities, city councils and other fields of social life were clear examples of the level that had been achieved in the institutional recognition of women's rights over the past 20 years since the establishment of democracy in her country. Although it could be seen that in many countries women were deprived of the full political right of participation in elections, in the Islamic Republic of Iran all women enjoyed the right of free participation in the political field and peacefully cast their votes, as well as standing for election. Women had played a considerable role in the period of political development. Indeed, the beginning of that period had been characterized by massive participation especially by youth and women in the two presidential elections in 1997 and 2001. Great emphasis was placed on the advancement of women in the Five-Year Development Plan with a view to increasing their participation.

With regard to the mechanisms for the promotion of human rights, the Committee of Experts had noted the establishment and functioning of the Islamic Human Rights Commission, which acted independently from the Government and the judiciary. The Committee had also requested the Government to continue supplying general information on the activities of this institution. She indicated that the Islamic Human Rights Commission had been established in 1994 as a national institution at the initiative of a number of independent jurists. Members of Parliament, the judiciary branch and judges, along with the representatives of relevant non-governmental organizations, were members of the Commission. The head of the judiciary was one of the members of the High Council of the Commission. Over the past year, the Commission had organized several seminars and workshops on the situation of human rights in the Islamic Republic of Iran. In relation to cases of human rights violations in the Islamic Republic of Iran, over the past eight months the Commission's observers had attended the court hearings in a number of cases. Recommendations and proposed measures had been adopted and issued by the Commission based on a close observation of the circumstances of the cases. She specified that the Islamic Human Rights Commission intended to develop a human rights defenders network in the various provinces of the country, with the objectives and functions of: facilitating and stabilizing public participation in various social activities for the furtherance of human rights; the promotion of public awareness in this field and the prevention of violations of human rights; developing individual knowledge and social tolerance in relation to human rights and freedoms; and preparing an organized structure of provincial branches of the Islamic Human Rights Commission throughout the country. In addition, more Iranian NGOs active in political, economic and cultural fields had been established in recent years, some of which now enjoyed consultative status with ECOSOC. Moreover, the number of NGOs dealing with women's issues had increased to 113, around 20 of which were active in the field of poverty eradication for women and the promotion of women's economic independence and self-employment. On the subject of official policy for the protection of the human rights of all citizens, the Interior Ministry had established a special committee to consider and solve the problems of religious minorities, with the participation of high-ranking representatives of the relevant governmental institutions, the leaders of the religious minorities and relevant NGOs. In addition, over the past year, 11 Zoroastrian associations and eight Assyrian associations had received permission to operate. The Government was sparing no effort for the elimination of any formal and de facto discrimination against religious minorities. In line with the determination of the Government to foster tolerance and respect in society for all religious groups, a second annual national seminar had been held in Tehran in 1999, with the participation of religious minorities, on the subject of the Constitution and rights. Its objective had been to promote public knowledge and negotiation on the rights of religious minorities. Articles 22, 28, 29, 30 and 31 of the Constitution provided for equal rights for all Iranian citizens. The rate of unemployment among the religious minorities was lower than the average unemployment rate at national level and their living standards were higher than the national average. The labour market participation rate of religious minorities in relation to their population was also higher than the national average. She hoped to be able to provide the Committee of Experts with new statistics on the status of religious minorities when the information became available.

She emphasized the belief that international monitoring mechanisms were not the sole solution and that human rights needed to be institutionalized, which could not be possible until and unless national institutions were given a chance to take the lead. A constructive approach to the issue would require the close collaboration of the Government with international organizations, and particularly the ILO, through technical cooperation projects. In accordance with section 6 of the Labour Code and sections 43(4), 2(6) and 19, 20 and 28 of the Constitution, forced labour and the exploitation of others were prohibited. Iranians, irrespective of their tribe or ethnic group, enjoyed equal rights, and colour, race and language, inter alia, did not constitute a source of privileges. All individuals, whether men or women, were equally protected under the law and every person had the right to freely choose an occupation. Turning to article 1117 of the Iranian Civil Code, she reiterated that article 18 of the Family Protection Law provided for exactly the same rights for women. Article 1117 of the Civil Code should be considered as being fully in line with article 18 of the Family Protection Law. Indeed, the Family Protection Law, which was more recent, provided for the same rights for both husbands and wives. With the integration of a gender perspective in the third Five-Year Development Plan, employment had been given the top priority for both men and women. To address this issue, a Supreme Council of Employment, with a tripartite structure and headed by the President, had been set up. The representatives of the Government, employers and workers actively participated in its regular meetings and the trend of social dialogue was quite encouraging. She indicated that in the previous month, the second National Tripartite Labour Forum had been held in Tehran with broad participation and close interaction of the social partners. The forum adopted a final resolution, two items of which were related to fundamental international labour standards. The first requested Parliament to accelerate the process of ratification of Convention No. 182, and the decision to ratify the Convention had now been approved by the Council of Ministers and submitted to Parliament for final approval. The secretariat of the forum had also been requested to set up a specialized committee to examine the ratification of Convention No. 87. She recalled that the Committee of Experts had on many occasions confirmed in its report the positive steps taken by the Government. However, she was sure that the Committee would agree that positive positions and developments in societies required prolonged periods of time and that there was no successful way of rushing matters, particularly in relation to social and cultural tolerance, the amendment of provisions of laws and regulations and their application in practice. This process demanded comprehensive expert studies and gradual achievements. She also informed the Committee that a tripartite training workshop on ILO fundamental Conventions had been held earlier in the year with support from the ILO. The seminar had covered Convention No. 111 and other fundamental Conventions. She expressed her appreciation to the ILO for the valuable seminar. Alongside the seminar, several discussions had taken place between the social partners and ILO experts on the promotion of women's employment and non-discrimination issues. She looked forward to the implementation of a technical project in certain regions to enhance equality, with emphasis on the employment status of women heads of households. She recalled the issues raised by the Iranian Worker member of the Committee the previous year and informed the Committee that the Ministry of Labour and Social Affairs had opposed the adoption of an Act to exempt from the application of the Labour Code workplaces and businesses with five or fewer employees, as well as making efforts to prevent the implementation of the Act. These efforts included the submission of a new Bill to Parliament and consultation with newly elected deputies to protect women and minorities against discrimination in employment in such workplaces. In this respect, it was noted that, following the recent National Tripartite Labour Forum, an agreement with 32 articles on employment and social protection in workplaces with five or fewer employees, had been concluded by the social partners. The Persian version of the agreement was now available. Over the recent years the Islamic Republic of Iran had on many occasions clearly declared its deep desire to develop and maintain good relations with the ILO. The principal criterion in all instances had been mutual respect and trust, while bearing in mind the cultural, historical and ideological differences which might exist between countries. However, differences should not prevent a good working relationship. In conclusion, she recalled that the eighth Iranian Presidential election had been held in Tehran two days ago, based on a democratic process in which men and women had actively participated, and that President Khatami had been re-elected in a landslide victory with 77.88 per cent of the vote. She was therefore convinced that reform and the further promotion of labour standards in the Islamic Republic of Iran was an irreversible trend. She expressed appreciation to the Committee for its understanding and expressed her willingness to build a partnership based on mutual respect and cooperation.

The Worker members thanked the Government representatives for the long and detailed introduction which they had provided to the case. With reference to the comments of the Government concerning the inclusion of the case of the Islamic Republic of Iran on the list of individual cases, once again, they referred to the criteria used by the Worker members for the selection of cases as mentioned in the report of the Conference Committee for the previous year. These included the content of cases, their relation to basic human rights Conventions, the conclusions adopted by the Conference Committee the previous year, as well as comments made by the Employer and Worker members the previous year. It had only been after close consideration that the Worker members had decided to call for the case to be included on the list once again this year. They also reminded the Government representatives that the Conference Committee was not a tribunal and that its role could well be described as helping member States to overcome difficulties that they might experience in complying with the Conventions that they had ratified. The basis for the discussions of the Conference Committee consisted of the independent, impartial and objective reports made by an eminent group of specialists in labour law. One of the ways in which the Committee of Experts differed from such bodies as the United Nations Commission on Human Rights was that the experts on the latter body were handpicked by governments, whereas the ILO's experts were independent. Finally, they added that the examination of a case by the Conference Committee was not a punishment and that the Committee was always ready to welcome improvements.

Referring to the comments of the Experts on the general human rights situation, the Worker members drew attention to the qualified optimism expressed in many quarters concerning recent developments in the Islamic Republic of Iran, both as regards the human rights situation and the outcome of the recent presidential election, in which President Khatami had won a landslide victory over the conservative camp. However, there were those who called for caution on the grounds that it was unclear where the reformers were heading and how far they wished to or were able to go. The positive indications included the fact that new newspapers had been allowed to be published and that there appeared to be greater freedom of expression. Nevertheless, a large number of newspapers had also been closed down and journalists imprisoned because they had expressed views which had not been approved by the authorities. In the view of the Special Representative of the United Nations Commission on Human Rights, there had been tangible progress in some areas, but stagnation and even backsliding in others. Indeed, many commentators had suggested that the people had not voted for the reformists, but against the conservatives. The Worker members recalled that the conservative camp still had a strong hold on the judiciary, the security forces, the most important media and the legislation. The Committee of Experts had described the relevant developments in the country with regard to the observance of fundamental political and civil rights. In so doing, reference had been made to the report of the Special Representative of the United Nations Commission on Human Rights (UNCHR). The Worker members welcomed such cross references and believed that more should also be done to encourage the Commission on Human Rights to refer to the work of the ILO. Against this background, which the Committee of Experts probably had sketched so as to give their comments with regard to the Convention more depth and credibility, the general conclusion was that although progress had been made, there remained a number of shortcomings, and even serious weaknesses in compliance with the Convention. The Committee of Experts, quoting the Special Representative of the UNCHR, had also referred to the prospect of substantial and far-reaching change. However, the Worker members believed that mere prospects for change were not a very solid foundation for examining the situation relating to the application of the Convention. Progress would only be convincing if demonstrated by facts related to the implementation of the Convention in practice. By way of illustration, the Worker members referred to one of the original issues that had been raised concerning the application of the Convention, namely the discrimination against the Baha'is. Only one new development had been reported by the Committee of Experts, namely that it was no longer necessary to provide a declaration of religion in order to register for marriage. Although positive in itself, this measure was not, strictly speaking, relevant under the Convention and did not demonstrate widespread improvement. Indeed, the Worker members believed that the message contained in the report of the Special Representative of the UNCHR was that, even though in general prospects were good, the situation of the Baha'is had not improved significantly in practice. Discrimination continued in the fields of education, employment, travel and cultural activities. A number of Baha'is had been imprisoned for acts which would not be considered to be of a criminal nature in most countries, and two of them were facing the death penalty. The picture became worse when the position of other minorities recognized by the Government was also taken into account, such as the Jews, against whom appalling acts of discrimination had been perpetrated, as well as the Christians and Sunnites.

Several of the points of progress mentioned in the current report of the Committee of Experts, and which were welcomed by the Worker members, had also been covered in the previous year's report. Indeed, a large amount of the information provided by the Committee of Experts was not new. This was unfortunate in view of the request that had been made during the discussion of the case the previous year for more information and in particular facts to document the progress that had been made. Without such evidence, there was a danger that the situation might be slipping backwards. The previous year, the Worker members had welcomed the mission which had visited the country. However, they had warned that the mission would be most effective if it involved careful fact-finding and investigation into cases where real progress had been made in law and practice, as well as registering continuing, and new shortcomings. They had also emphasized that such a mission, important though it might be, was just a tool and that the only thing that counted was results. They recalled that the previous year they had raised a series of questions concerning the situation with regard to the application of the Convention. They referred the Committee back to these same questions, which principally concerned the issues of the precise and balanced monitoring of relevant developments with regard to the points which had been under discussion for many years. With reference to some of these questions, the Worker members had understood that answers were available: the report of the 1999 mission as well as the list of contacts that the mission had had. However, other points raised in their questions were still of relevance. The Worker members emphasized the importance of the fact that the Committee had progressed from a most unpleasant and unproductive relationship with the Government, through a stage of relatively normal exchanges of views and debate, to a stage of dialogue. This dialogue concerned progress, slow progress, and how it could be maintained and its pace increased. It concerned the many difficult questions with regard to continuing violations of the Convention, which they recalled was one of the basic human rights Conventions of the ILO. The Worker members had the impression that the Government was keen to continue this dialogue. They therefore reiterated the hope that the first mission could be repeated. Whatever name was given to it, it was important that it should provide answers to the questions raised the previous year, and that these answers should be more than mere repetitions of the information that was already available. Facts needed to be provided on the implementation of the Convention in both law and practice. The Worker members were convinced that such a mission would support and stimulate whatever real progress was being made in the country and that, by facilitating the work of the Committee of Experts and the Conference Committee, it could make a significant contribution to the full implementation of the Convention.

The Employer members expressed the belief that the complaints made by the Government representative concerning the re-examination of the case of the Islamic Republic of Iran by the Committee were somewhat exaggerated. They pointed out that the Islamic Republic of Iran was not the only country to come before the Committee repeatedly and that too many complaints might encourage the Committee to continue its dialogue in the future. The Employer members recalled that the case had been examined on many occasions by the Committee and that the historical reasons for this were still of relevance. They noted that the report of the Committee of Experts had made use of information from the United Nations Commission on Human Rights and its Special Representative on the Situation of Human Rights in the Islamic Republic of Iran. They also observed that the Committee of Experts had noted certain improvements with regard to the status of women in the country and in terms of freedom of expression, although there had been retrogressive steps with regard to the freedom of the press and the situation of the Baha'is. The situation with regard to the application of the Convention was therefore contrasted. The Employer members noted that the Committee of Experts had requested further information on the situation in the country with regard to equality of opportunity and treatment. One of the questions raised was the treatment of complaints concerning discrimination, and particularly the role of the Islamic Human Rights Commission in this respect. What was the competence and capacity of the Commission, could it receive complaints and, if so, how did it handle them? Although the Government representative had provided further information, the questions that still needed to be answered related to the action that the Islamic Human Rights Commission could take, in view of its advisory role.

The Employer members recalled that the basic questions arising concerning the application of the Convention related to the existence of discrimination on the basis of both gender and religion. Gender discrimination had existed for many years and affected the opportunities of women to gain employment and access to the various occupations. The interaction between the labour market and social issues meant that when women did not have opportunities on the labour market, their situation in society would not improve. The Committee of Experts had observed some improvement between 1991 and 1996 in such areas as wages, education and access to universities. However, less progress had been achieved in the labour market. Figures had been provided concerning the participation of women in higher level and managerial jobs. In this respect, the Government had explained that there had been a certain deterioration in the situation on the labour market due to a rise in unemployment. Another field in which women's opportunities were limited was in the judiciary, where they could only occupy advisory functions, but not become judges. The Employer members pointed out that the judiciary was not large in numerical terms, but the admission of women would have a considerable symbolic value in the field of equality. The question therefore arose as to why the necessary changes could not be made. They also considered that the obligatory dress code for women, which was accompanied by sanctions, constituted an obstacle to equality. Although the Government had indicated that women were not dismissed from their jobs on this ground, it nevertheless constituted a visible discriminatory measure. In this connection, even though the Committee of Experts had requested the Government to provide a complete copy of the Act on Administrative Infringements, the Government representative had not mentioned the subject. Information was therefore required to clarify whether the Government was ready to make changes in this respect. The Committee of Experts had once again raised the issue of the rights of husbands concerning the performance of work by women, and particularly their right to prevent them from taking certain jobs. Such a measure was clearly to the detriment of women. It was not clear, particularly in view of the indication that legislation on equality had been adopted more recently, why section 1117 of the Civil Code had not been amended or deleted. With reference to the National Plan of Action for Women, the Employer members requested information on whether and to what extent collaboration had been established between the representatives of employers and workers in the implementation and amendment of the Plan. They added that they doubted that the Plan could be successfully implemented without such collaboration.

Turning to the question of discrimination on the basis of religion, which had always been an important issue in the past, the Employer members recalled that there was no difference in the situation with regard to the recognized religious minorities, even though a preference had been noted for Muslims in hiring practices. However, too little information was available on the situation of the Baha'is, who had always suffered from discrimination and a negative opinion among the population as a whole. The situation of the Baha'is had been examined by the Conference Committee in its previous examinations of the case and previous Government representatives had admitted, for example, that the Baha'is were considered to be spies. Although this argument no longer appeared to be used, no other information had been provided on this subject. On previous occasions, the Conference Committee had also raised the issue of the Act to exempt from the application of the Labour Code workplaces and businesses with five or fewer employees. The effect of the Act was that labour legislation was not applicable to such workplaces, which placed women in an unfavourable situation in view of the fact that they were no longer protected by the equality provisions.

The Employer members recalled in this respect that, on all of the questions raised, tripartite discussion was of great importance for the practical implication of measures in the world of work. They therefore asked the Government to provide information on the situation in this respect, and looked forward to the comments of Employer and Worker members. Although the report of the Committee of Experts had reported a slight improvement in the situation in a number of areas, this was not the case in all fields. In this respect, the Government representative and the Worker members had called for the political situation to be taken into account. The Employer members believed that, although the political situation was not in practice easy, it was not the ILO's mandate to discuss this issue. Nevertheless, they admitted that the overall political environment was a decisive factor in the world of work. Finally, the Employer members drew attention to the fact that one-half of the population in the Islamic Republic of Iran was under the age of 18. They called upon the Government to take this fact into account and to be careful not to lose contact with the majority of the population. They warned that young people were now developing new ideas and attitudes and believed that the Government would be well advised in its own interests to take action rapidly and in a consistent manner so that it met the expectations of this important part of the population. They therefore called upon the Government to reply orally and in writing to all the questions raised by the Committee of Experts and the Conference Committee as a necessary premise for a constructive dialogue. While no one was completely denying the existence of problems in the application of the Convention, the Employer members emphasized that dialogue would need to lead to change and that such change should be more rapid in the future.

The Worker member of Greece noted that it would be desirable for the Committee to reflect on its working methods in order to avoid losing time in the beginning of its work on issues that, if not altogether futile, were nevertheless not as serious as the examination of individual cases. He thanked the Government for the information provided and recalled that the Committee was not the enemy of the Iranian Government or people. It was obvious that there had been an improvement in the situation when compared to the times when members of the Baha'i faith were considered spies, or when women lacked any right, or when the Committee was called every name under the sun by the entire Iranian delegation. The Government representative had cited an entire list of facts which were covered in the Committee of Experts' report. A fruitful dialogue could not take place if the Government representatives only repeated the information already contained in the observations of the Committee of Experts and welcomed the slightest progress accomplished. He added that according to the information he had, in the last four years there had been 600,000 prisoners in the Islamic Republic of Iran and 4,000 executions, of which 103 had occurred since January 2001. There were Iranian citizens still living in exile due to their religious and political beliefs. He had heard many figures and would not bring up any others, but he wished to ask a number of very specific questions. Was it true that a girl could marry at the age of nine but that with medical authorization this age could be lowered? That if a man killed his wife in a crime of passion he would not be punished? That as long as girls were virgins they could not marry unless they had the authorization of their father, even if they were 60 years old? That divorce was a right that belonged exclusively to men? That adult women did not have the right to study abroad without the consent of their guardian? That 9-year-old girls were considered, from the point of view of criminal law, to be as responsible as adults and, consequently, could receive the same punishment (stoning, flagellation, etc.)? The speaker noted that the Government representative had asserted that an improvement in the situation of women had occurred and that a number of them had been candidates and elected to government positions. Nevertheless, he expressed the wish to know the exact nature of these posts and the number of women occupying them. He proposed that a direct contacts mission be sent and stated that he would have liked to recommend the introduction of a special paragraph congratulating countries for their accomplishments. However, this was not possible at present, as long as the role of the Islamic Committee on Human Rights was not clearly distinct from the one of the Supervisory Committee on the Application of the Constitution, and especially as long as the rule of law was not established for all citizens.

The Worker member of Romania noted that the Committee had examined on several occasions the case of the Islamic Republic of Iran in previous years with regard to non-respect of Convention No. 111. Despite these discussions and a number of positive conclusions made by the technical advisory mission, violations to the Convention continued to exist in the Islamic Republic of Iran. According to the Committee of Experts' report, discrimination on the basis of sex persisted both in law and in everyday practice, and was an indication of the low rate of participation of women in the labour market. Women's role in the judiciary remained purely advisory and was an example of discrimination based on sex. Another important element that bore consideration was the continuing compulsory dress code which had a negative impact on the access to security of employment in the public sector for women of non-Islamic faith; or even section 1117 of the Civil Code, which had not been repealed and under which a husband could bring a legal action in order to prevent his spouse from taking up a profession or job. Concerning discrimination on the basis of religion, there was no new information on the situation of recognized religious minorities, male or female, regarding their participation in the labour market and their employment levels in the public and private sector. However, formal restrictions on the hiring of members of the Baha'i faith in the public sector still existed. He concluded by drawing attention to the fact that all these points reflected serious violations of the Convention and he suggested that a direct contacts mission with a detailed mandate be sent in order to complete the mandate of the technical advisory mission which took place in 1999.

The Worker member of Colombia thanked the Government representative for the information provided. He indicated that despite of the Government's information on cases of progress, there were internal sources in the country that highlighted that the situation of women, in particular with regard to discrimination in employment on the basis of sex, was very far from acceptable levels of equality. In respect of women's access to senior posts, he mentioned as an example, the judiciary, where women had only advisory functions and could not issue judicial verdicts. He questioned whether the artificial numbers given, albeit distorted, of the growth of women's participation in educational centres (reaching more than 40 per cent, according to the information contained in the report of the Committee of Experts) was compatible with the low participation rate of women in the labour market. He deplored the fact that the technical advisory mission which visited the country could not have access to statistical offices nor were they able to interview the authorities in charge of such offices. He equally deplored the fact that discrimination continued with regard to women and religious minorities. With respect to the profound changes invoked by the Government, he stressed that, out of two million persons who were employed in the public service, according to authoritative information made available to the speaker, only 13 per cent were women. He urged the Government representative to indicate clearly the legal age for getting married (officially, 14 years for girls) and questioned whether the practice of marrying children of 9 years of age continued. Even if the Iranian culture were to be respected, from the point of view of the speaker, the above practice was barbaric. Without doubt, the case merited being dealt with in a specific paragraph.

The Worker member of Pakistan stated that he was compelled to comment on the case of the Islamic Republic of Iran's application of the Convention since Pakistan shared a common culture and enjoyed a close relationship with that country. Having been a member of the Conference Committee for ten years, he had observed positive changes in the position taken by the Government. He recalled that, after the Islamic revolution, the Conference Committee had attempted to establish a dialogue with the Islamic Republic of Iran, but the Government had declined to listen and had adopted an inflexible attitude. He now saw a very different and positive approach, with the Government welcoming a dialogue with the ILO and accepting ILO missions to the country. Some of these positive developments had been highlighted by the Committee of Experts as well as by the United Nations Commission on Human Rights with regard to the situation of the Baha'is. He also noted the positive developments that had taken place with regard to the situation of women, as noted in the comments of the Committee of Experts in paragraph 6 of its report, where the Committee of Experts had noted progress in the increase of women's participation in various sectors of wage and non-wage employment, as well as progress in education for girls and women. Stressing that the Conference Committee and the Government apparently shared the same ideals, particularly with regard to the issue of human rights, he appreciated the time taken by the Government representative to explain the situation in the Islamic Republic of Iran to the Conference Committee. However, he noted that there were certain grey areas that remained, referring to the points raised by the Committee of Experts in paragraphs 16, 17 and 20 of its report. Regarding the issue of the Islamic Republic of Iran's treatment of minorities, the Committee of Experts had noted progress, but still saw discrimination against minorities in the public sector. He therefore asked the Government to explain these discrepancies between the provisions of the Convention and the national legislation and urged the Government to bring its laws into conformity with that instrument. He looked forward to additional positive developments as well as to the Government's fulfilment of its undertaking to fully implement the Convention.

The Employer member of the Islamic Republic of Iran noted that the various speakers had raised so many questions that it would take the Government representative hours to answer them. While he did not intend to speak for the representative with regard to the issue of discrimination against women, he drew attention to the positive developments already mentioned by the Government representative, stating that the recent elections in the Islamic Republic of Iran spoke for themselves. He considered that the best proof of the non-existence of discrimination was seen in the enthusiasm shown by Iranian women for the election candidates. Their active participation was, in his view, proof that Iranian women were using their intelligence deliberately to choose freely what was in their best interests. He added that the Iranian people had a long history which went back several thousand years. The Iranian culture had produced great thinkers at different times who all had just one thing in common - they recognized the need to strike a balance between differing views. He stressed that this balance should also be sought in the Committee's examination of this case.

The Government representative expressed his appreciation of the valuable comments made by members of the Committee. Although he might disagree with some of the statements made, he noted their constructive intent. This constructive atmosphere was what the Government had expected from the ILO. However, he did not consider that the Employer members had been altogether fair in assessing this case. He considered that one of the problems was that the statistical information given today should have been provided to the Office long before the Committee's session. He did not doubt the good intentions of the Worker members of Greece, Romania and Colombia and other speakers and invited them to keep in touch with the Government regarding any doubts they might have regarding the situation in the Islamic Republic of Iran. With regard to the comments concerning the minimum age for marriage, he pointed out that this formed a part of the religious beliefs in the country. However, the Government considered this an important issue and a bill was introduced and approved by the Parliament which raised the marriage age of girls to 14 and that of boys to 17. He explained that, when matters were uncertain, they are submitted to the Expediency Council, composed of six religious and six secular members that examined the issue and determined the appropriate measures to be taken. The speaker noted that, with regard to discrimination on the basis of religion, the Constitution, which was approved by 98 per cent of the Iranian people following the Islamic revolution, recognized a number of religious minorities, Christians, Jews, Zoroastrias and, of course, Islam. The Government was bound by the Constitution. Whilst the Baha'i were not a recognized religious minority, the Expediency Council took the decision to give this group all civil rights enjoyed by Iranians. The Committee of Experts had noted this issue as a social problem in the Islamic Republic of Iran but, it had now been addressed in the Expediency Council and laws now existed to remedy this problem. The Worker member of Greece had apparently overlooked that, with regard to section 1117 of the Civil Code, under which a husband could bring a court action to object to his wife's taking up a profession, section 18 of the Protection of Family Act, 1975, extended to wives as well as husbands the same right to object to the spouse's employment. Accordingly, this was a new development in that men and women now enjoyed the same rights in this area. The Government representative stressed that the Iranian Ambassador and the staff of the Permanent Mission of the Islamic Republic of Iran in Geneva remained available to members of the Conference Committee. They should not hesitate to contact the Mission staff if they had any doubts about the situation in the Islamic Republic of Iran, as the Mission would provide them with full information to clarify their doubts. Additionally, he noted that his Government had cooperated fully with the recent ILO direct contacts mission to the Islamic Republic of Iran and he stressed that the mission team had had no restrictions placed upon their activities and contacts. He urged the Committee, however, not to mix the labour standards issue with political issues. This was why his Government would not permit the Special Rapporteur of the United Nations Commission on Human Rights to visit the country. However, his Government had given him full authority to invite the ILO to visit the Islamic Republic of Iran, and he included both workers' and employers' groups in this invitation. While it was important not to mix human rights issues with ILO issues, he fully acknowledged that there were weaknesses in some aspects of application of the Convention, as noted by the Committee of Experts. He welcomed the Committee's valuable suggestions and recommendations intended to improve upon these weaknesses.

The Worker members, responding to the statements made by the spokesperson for the Ministry of Labour and Social Affairs of the Islamic Republic of Iran, expressed their understanding of the fact that this was a long-term process of change for the country. They nevertheless considered that it was important for the Government to set concrete goals and implement them. The Worker members were in full agreement with the Employer members that is was necessary for the Government to set priorities and make efforts to accelerate the process. It was also important to emphasize that the ILO stood ready to assist the Government in its endeavours. The Worker members wished to respond to the second point made by the spokesperson for the Ministry of Labour and Social Affairs, which dealt with the central issue before the Committee. The spokesperson had indicated that the Committee should take into account the Islamic Republic of Iran's culture, history, and other factors. The Worker member of Pakistan had also mentioned this. The Worker members pointed out that, although the Committee had great respect for cultural differences, they considered that when dealing with fundamental human rights Conventions, these were minimum standards which were universal and could not be interpreted taking such differences into account. They therefore considered that there could be no flexibility in the interpretations or the application of ILO fundamental standards on human rights and no exemptions from the application of the Convention based on cultural or other particularities. The Worker members noted that according to the concluding statements of the Government representative, the Government had established new rules concerning the issue of Baha'i and this problem had been resolved. They considered, however, that the mere establishment of a rule would not necessarily eliminate the problems for the reasons stated by the Government representative himself, namely that in-built prejudices remained. While it was a difficult task, the Government must nevertheless make every effort to ensure that these new rules were implemented in practice and they expected the ILO to follow up and verify this. Responding to the Government's statement that the Committee should not mix ILO issues and human rights issues, the Worker members noted that the Convention addressed discrimination in employment and occupation and therefore concerned an aspect of human rights. The Worker members also considered it embarrassing that the findings of the Special Rapporteur of the United Nations Commission on Human Rights continued to differ from those made by the ILO. A serious effort should be made to sort this problem out. The Worker members noted that, even if the Government were making efforts to achieve change on the points raised by the Committee of Experts, as the Government representative had stated, the ILO should keep in mind that conservatives in the country still wielded power in the judiciary, in security matters, the armed forces and the press. Therefore, they cautioned that the Office should not be complacent and assume that the process of change in the Islamic Republic of Iran was irreversible. In this regard, they suggested that the 1999 direct contacts mission be followed up by another mission which should have three terms of reference. First, the follow-up mission should continue to monitor the Islamic Republic of Iran's movement toward full implementation of the Convention in law and practice. This would be the mission's main task. Second, the mission should develop and discuss with the Government practical measures to implement the provisions of the Convention. Finally, it should determine, jointly with the Government, what assistance might be necessary to facilitate the drafting of legislation to bring the national laws into conformity with the Convention.

The Employer members, in response to the concluding statements of the Government representative, noted that the Government had indicated that the Conference Committee should not mix the issue of human rights with the observations on the application of the Convention. However, they drew the Government's attention to the fact that the Convention contained anti-discrimination provisions which protected human rights. With regard to the issue of discrimination against women, they considered that two issues had not been addressed sufficiently by the Government representative. One was the dress code for women and the other was section 1117 of the Civil Code, under which a husband could bring a court action to object to his wife's taking up a profession or job contrary to the interests of the family or to his or his wife's prestige. This provision was apparently in contradiction to the provision of the Protection of the Family Act, 1975, which extended to wives and husbands the same right to object to the spouse's employment. The Employer members considered that this section of the Civil Code should be amended if it conflicted with the Family Act provision. The Employer members noted that the Islamic Republic of Iran had made considerable progress. They considered that, while the pace of progress might be slow, it was certainly better than no progress. However, the Employer members trusted that the Government would make more progress in the future and that the country would utilize the great resource represented by its youth effectively and without discrimination.

The Government representative stated that it was difficult to challenge the Committee's conclusions, although there was no doubt that the Government was not happy with them. However, on a positive note, he welcomed the careful consideration given by the Worker members to the wording of the Committee's conclusions, pointing out that the Worker members were correct to do so, as well as the Worker members' statement that they did not care about the name or title of the ILO mission, as long as a mission could take place. The Islamic Republic of Iran had already had technical cooperation missions and technical cooperation projects and these were acceptable to the Government. Accordingly, within this more flexible framework, at least the Permanent Mission of the Islamic Republic of Iran in Geneva and the Department of Labour could facilitate any missions sent and make sure that they took place. The same consideration extended to the issue of recognized and unrecognized religious minorities since the wording on that point could also pose some difficulties. Regarding the implementation of the new provisions extending full civil rights to the Baha'i, he pointed out that, immediately after the Expediency Council adopted these provisions, the Government would give explicit instructions for their implementation. He therefore agreed with the Worker members that, if a law was enacted, it should be implemented and he assured the Committee that this was also President Khatami's intention.

The Committee noted the statements by the Government representatives and the discussion which followed. It recalled that this case had been discussed in this Committee on many occasions. The Committee had noted last year that a technical advisory mission had been carried out in November 1999, and that the report of the mission was reflected in the Committee of Experts' observations last year and this year. The Committee noted with concern the legal restrictions on the employment of women (section 1117 of the Civil Code, and the fact that women judges were not empowered to issue verdicts) to which reference had been made for several years. The Committee also noted the progress that had been achieved in the participation of women in education and in vocational training, as well as the other measures which had been reported. Though the participation of women in the labour force had risen, it remained very low. The Committee continued to be concerned over the difference between the Government's stated intentions and the measures which had actually been taken to eliminate discrimination in employment and occupation. It also noted that the Government was continuing to examine measures to eliminate the formal obstacles to employment of women, and was working to overcome the social obstacles which restricted the participation of women in the economy and in the labour market. In addition, the Committee noted the efforts made by the Government in relation to recognized religious minorities, but recalled that it should continue taking additional measures for all the religious and ethnic minorities in the country. It urged the Government to take initiatives to transform its objectives and stated intentions into concrete measures which would promote the full application of the Convention in law and in practice, including greater tolerance for all groups in the country, and the prohibition of discriminatory practices on all the aspects covered by the Convention. The Committee requested the Government to communicate detailed information to the Committee of Experts on the measures taken to address the questions raised, including detailed statistical information and analysis of the participation rates of men, women and minorities in the labour market, in both the public and private sectors. It expressed the hope that the Office would provide the technical assistance that had been requested, and that this would result in an improvement in the application of the Convention. The Committee noted with interest the developing dialogue between the Government and the ILO, which should include a new mission by the Office to monitor the application of the Convention, joint efforts to implement it in practice and assistance for the development of relevant legislation. The Committee expressed the firm hope that the Government would give priority to the outstanding questions and that it would very shortly be in a position to report progress on the questions which were preventing the full application of the Convention.

The Government representative stated that it was difficult to challenge the Committee's conclusions, although there was no doubt that the Government was not happy with them. However, on a positive note, he welcomed the careful consideration given by the Worker members to the wording of the Committee's conclusions, pointing out that the Worker members were correct to do so, as well as the Worker members' statement that they did not care about the name or title of the ILO mission, as long as a mission could take place. The Islamic Republic of Iran had already had technical cooperation missions and technical cooperation projects and these were acceptable to the Government. Accordingly, within this more flexible framework, at least the Permanent Mission of the Islamic Republic of Iran in Geneva and the Department of Labour could facilitate any missions sent and make sure that they took place. The same consideration extended to the issue of recognized and unrecognized religious minorities since the wording on that point could also pose some difficulties. Regarding the implementation of the new provisions extending full civil rights to the Baha'i, he pointed out that, immediately after the Expediency Council adopted these provisions, the Government would give explicit instructions for their implementation. He therefore agreed with the Worker members that, if a law was enacted, it should be implemented and he assured the Committee that this was also President Khatami's intention.