Individual Case (CAS) - Discussion: 2008, Publication: 97th ILC session (2008)

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

A Government representative indicated that existing laws and regulations, such as Article 101 of the Fourth five-year Economic, Social and Cultural Development Plan, seemed to have provided the bedrock for the fulfilment of the aspirations of the Convention. The Government was firmly committed to providing a mid-term assessment of the steps taken to bring the long-contested legislation and practice into line with ILO Conventions. A more detailed periodic report containing facts and figures, segregated by gender, ethnic and religious minorities, where relevant, would be provided to the Committee of Experts. The Government was vigilantly monitoring any developments to ensure the due fulfilment of its undertakings towards this end by the year 2010.

The Charter of Citizenry Rights stipulated in the Fourth Development Plan had been approved by Parliament in 2007 and the Government had been required to implement its provisions fully. In a very recent measure by the Head of the judiciary, many judges had been disqualified and dismissed on the grounds that they had discarded and violated citizenry rights, especially the rights of women and minorities.

With respect to the implementation of article 101 of the Fourth Development Plan developed by the social partners under the Islamic Republic of Iran's Decent Work Country Programme in May 2005, the Government, the social partners and other stakeholders held regular meetings to jointly survey and monitor its due implementation aimed at ensuring access to decent work and decent life for all Iranian subjects, without discrimination. Under the Decent Work Country Programme, 54 operational decent work indicators had been identified in 2007, divided into four main categories. Article 101(a) of the Development Plan focused on the fundamental principles and rights at work including freedom of association, protection of labour rights, sound industrial relations, the right to organize and bargain collectively, equal pay for men and women for work of the same value, elimination of the worst forms of child labour, minimum wage for decent life and, last but not least, non-discrimination in employment and occupation.

Section 38 of the Labour Law provided that for equal work carried out in equal working conditions, workers, irrespective of their gender, had to receive equal pay. It further provided that any discrimination in setting wages based on age, race, ethnic background, religious and social beliefs was forbidden. A total of 141,968 periodic inspections and 234,225 unannounced inspections had been carried out to ensure due adherence to the law for the period March 2006-March 2007. No wage discrimination had been reported.

The Deputy Minister for Industrial Relations was responsible for the supervision of a Presidential circular calling for the guarantee of equal access to women and religious minorities to employment opportunities. One of the most important goals of article 101 in ensuring equal and indiscriminate extension of social protection to all was ensuring equal access to employment opportunities for women through women empowerment programmes. Two state funds had been created to provide subsidized financial grants to women entrepreneurs and women heads of household.

The Government had held five different workshops at provincial level within the last two years to improve awareness of, access to and enforcement of equality and non-discrimination rights and policies aimed at balancing work and family responsibilities for women. It was determined to hold similar workshops throughout the country. Women were now gradually breaking into new non-traditional spheres and additional ILO technical cooperation on women empowerment programmes would further catalyse the process of women's integration into a more diversified labour market. Most regretfully, such technical services had recently been suspended by the ILO over allegations from the social partners.

The Government representative stated that following the official submission of a Bill to repeal section 1117 of the Civil Code, both Parliament and the judiciary acknowledged that, given the existence of section 18 of the Family Protection Law, which superseded section 1117, section 1117 was automatically repealed under national law and the courts were not authorized, under any condition, to receive any such complaints.

Being mindful of the need for a comprehensive law on the prohibition of any form of discrimination in employment and education, as also stipulated in different sections of the Constitution of the Islamic Republic of Iran, the Government positively responded to the observation of the Committee of Experts and had presented a Bill concerning access of all Iranian nationals irrespective of gender, colour, creed, race, language, religion, or ethnic and social background, to education, vocational training and employment. The Bill prohibited all forms of discrimination with respect to access to free and formal education at different levels; access to technical and vocational training; and access to job and employment opportunities, as well as working conditions. The Bill defined discrimination as any unjustified distinction, exclusion, limitation, preference or privilege that might adversely affect or nullify equality of opportunity or treatment in occupation, employment, training or education for all Iranian subjects. Unlike the provisions of the Constitution or those of the Labour Law, the infringement and violation of which did not result in penalties or sanctions, liability for violators under the proposed Bill according to its section 2 would consist of heavy sanctions and penalties. While the Bill was currently awaiting final approval by the Cabinet of Ministers, the Government would appreciate receiving any comments from the Committee of Experts and the International Labour Standards Department.

The Government, in collaboration with the social partners, had launched a global plan for social security, which, among other things, addressed the issue of social security regulations favouring husbands over wives in terms of pension and child benefits. It denied the existence of any administrative rule or practice restricting the employment of wives of government employees. The Government, furthermore, denied the unfounded information brought to the attention of the 2007 ILO technical assistance mission concerning the existence of legal barriers to women being hired after the age of 30. Section 14 (a) of the State Employment Law limited the age of employment to a minimum of 18 and a maximum of 40 years of age. The Government also pointed out that the maximum age of employment was exceptionally extended by five years in cases in which the Government recruited staff for the second time. Detailed statistics on the number of women and men in public and private sector employment, disaggregated by gender, category and rank of employment, would be provided by the Government, as promised, in its next report.

With regard to Decree No. 55080 of 1979 changing the status of female judges from judicial to administrative, the Government representative indicated that a Bill had been presented to Parliament in 2007 concerning the required qualifications for judges, irrespective of their gender. This was indicative of women breaking away from stereotypical roles and the availability of new opportunities for them in the judicial system. Once this Bill was adopted, Decree No. 55080 would be automatically repealed. A total of 459 female judges had thus far been assigned to different judicial positions, including assistant prosecutor, remand judge, adviser to the court of appeal, ruling judge in the family court and judge of guardianship and minors, administrative tribunal judge and judge of the special judiciary supervision department. Women were occupying judicial positions both as investigation and prosecution judges. A few had been appointed as directors of the judicial administration in the provinces. Others had been assigned to supervisory and administrative functions. Two female judges were assigned to the court of appeal. They now ruled over very contentious and critical cases together with their male colleagues. In the Province of Tehran there were 112 female remand judges. Female applicants were admitted to the faculties of law every year, and, upon completion of their judicial training courses, were recruited to different judicial posts. Eighty-eight women were attending judges' training courses.

Regarding the situation of ethnic minorities, the Government wished to emphasize that Iranian culture was the result of the integration and interaction of common interests and beliefs, customs and traditions and, last but not least, of a common historical background of different ethnic minorities in the Islamic Republic of Iran having been resident for a long time. The latest national statistics regarding the provinces, where ethnic minorities traditionally dwelled, revealed that in the Turk-Kurd Province of Western Azerbaijan, 83.7 per cent of the managers were from either of the Turk or Kurd minorities. In Kermanshah, where a mix of Kurd minorities existed, 86.7 per cent of the managers were national Kurds. In Kurdistan, 78.8 per cent of managers were from different Kurd minorities. In Sistan and Baluchistan, where two ethnic minorities, the Baluchi and Sistani, with two different religions had peacefully coexisted for thousands of years, 65.6 per cent of the managerial positions were distributed among the natives. In the Province of Ilam, 84.3 per cent of the managers were among the natives of the region. The Government considered that it had done its best to promote access for ethnic minorities to high- and medium-level managerial positions without any discrimination. Further, many of the high-ranking government officials at the national and international level were also from ethnic minorities.

Regarding the Baha'i and the concerns expressed with respect to their access to education and vocational training, the Government stated that a new circular had recently been issued by the President of the Technical and Vocational Training Organization emphasizing the free access of all Iranian nationals to vocational training. This new circular had been issued in accordance with the Government's policy for the protection of all Iranian nationals' rights, irrespective of their beliefs, colour and creed, religion and gender. The Government was committed to providing equal access to employment and education for all Iranian nationals. This was illustrated by the reports of the United Nations Special Rapporteur on religious intolerance who, after a mission to the Islamic Republic of Iran in 1995, highlighted that the non-recognition of a religious minority in the country did not imply the non-recognition of its respective rights or the existence of discrimination against it. The Special Rapporteur further stated that the Baha'i enjoyed all citizens' rights, including, among other cultural activities, the freedom to practice their rituals, to promote their belief in their sects, and to provide higher education to their youth. The report stated that the Baha'i's right to higher education was not breached to the extent that it could be interpreted as a violation of a fundamental human right. It also concluded that the Baha'i were able to participate actively in the cultural life of Iranian society. A more detailed account of the status of the Baha'i would be submitted to the Committee of Experts in the Government's next report.

Reiterating its determination to cooperate with the Committee and the ILO in addressing the Committee of Experts' concerns regarding employment and discrimination, the Government was looking forward to more extensive cooperation to bring national laws and practice into line with the Constitution of the ILO and international labour standards by the year 2010.

The Employer members thanked the Government representative for his submissions. With regard to the issue of equality of men and women, the low level of women's participation in the labour market and the high unemployment among women was disappointing. Women's low participation in high-level positions was unacceptable, as was the Government's argument that women's low labour market participation was a result of cultural, religious, economic and historical factors. In fact, the high rate of women among university students suggested a desire of women to have a role in the labour market and to participate fully in social life. It was also disappointing that relevant statistical information that, as pointed out by an ILO technical assistance mission, existed in the country had not been provided to the Committee of Experts.

The Employer members noted that the obligatory dress code for women and the imposition of sanctions in accordance with the Act on administrative infringements, in practice, had a negative impact on women's employment in the public sector. Opposition was also expressed to Decree No. 55080 of 1979 regarding female judges. The Government had described a new Bill to elevate women's status in the judiciary and, in the discussion, had referred to a number of judicial positions that women were holding currently, but it was unclear whether the women in these positions enjoyed the same authority as male judges. While noting the Government representative's statement concerning section 1117 of the Civil Code, the explanations provided had been inconclusive. The Government was urged to provide full information on the barriers, in law and in practice, for women over 30 to be hired and on how discrimination based on age was prohibited.

Concerning discrimination on the basis of religion, the Employer members noted that the situation of the Baha'i had not improved and requested the Government to take measures to promote respect and tolerance for the Baha'i. The Government was also urged to provide full informa- tion on the employment situation of ethnic minorities, in particular in the public sector.

The Employer members noted the strong commitment expressed by the Government to constructive dialogue with the social partners. They nevertheless expressed concern over the present freedom of association crisis in the country. Without ensuring freedom of association, meaningful social dialogue was impossible.

In conclusion, the Employer members expressed deep concern regarding the issues of discrimination which continued to persist in the Islamic Republic of Iran. They urged the Government to repeal laws and practices that were not in conformity with the Convention without further delay.

The Worker members recalled that this year was the 50th anniversary of Convention No. 111 which originated from the Declaration of Philadelphia. According to the Declaration, all human beings, irrespective of race, creed or sex, had the right to pursue both their material wellbeing and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity. Convention No. 111 was dealing with discrimination in employment and occupation, the non-compliance with which also constituted a violation of the Universal Declaration of Human Rights. The fight against discrimination was a concern of all modern and democratic societies. The abovementioned fundamental texts played a key role in the progress so far achieved.

The Worker members recalled that Convention No. 111 prohibited any distinction made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which had the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation, including the access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. Each Member ratifying the Convention undertook to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation. Convention No. 111, widely ratified by 166 member States, was about respecting each other and accepting each other's characteristics and differences.

The Worker members recalled that the question of the application of Convention No. 111 by the Islamic Republic of Iran had been analysed by the Committee of Experts 14 times between 1990 and 2008. Moreover, the Conference Committee had already examined this individual case in 1999, 2000, 2001, 2003 and 2006. Yet, the Islamic Republic of Iran regularly benefited from ILO assistance. Since 2004, the Government undertook to adopt a national strategy for promoting women's employment, their independence and their equality of treatment through the Economic, Social and Cultural Development Plan for 2005-10. The Government already undertook in 2006 to submit a mid-term assessment report on the implementation of this Plan and on the measures taken to bring legislation and practice into conformity with the Convention by no later than 2010. The Worker members observed that, whilst in 2006 the Government could still hope for the Committee's indulgence with regard to the implementation of the Plan, today it was clear that no progress had been achieved.

The Worker members stressed various points raised by the Committee of Experts: (a) the Economic, Social and Cultural Development Plan - some provisions of which underlined the importance of human rights (Articles 100 and 101) - and the role of the judiciary in combating discrimination (Article 130) did not appear to have been adequately disseminated; (b) the Government mentioned a Charter of Women's Rights but did not provide a copy of it nor specified its link with the Economic, Social and Cultural Development Plan; (c) the information provided on measures taken dated back to 2006 and had already been taken into account by the Committee of Experts.

The Worker members expressed their concern about the lack of updated information on the rates of men and women undertaking technical and vocational training in private institutions where women were in the majority. They indicated that, according to recent sources, the access of young women to universities and to technical and vocational training was limited through devious means in order to hamper women's participation in society. The illiteracy rate of women stood at double that of men. Women's participation in the labour market remained low, and even women with entrepreneurial skills had very little chance to have access to the labour market. Finally, the Government did not provide statistical information, if any, on the number of women holding managerial posi- tions and in occupations traditionally reserved for men.

The Worker members stated that they were aware of a petition against discrimination that had been signed by one million women expressing their concern at the justification given by the Government regarding women's low level of participation in the labour market. The attitude to link the issue of women's work solely to that of family responsibilities would reinforce the assumption rooted in the Iranian society, that women were solely responsible for the family. The Worker members stressed that when a woman decided to take a break in her professional career for family reasons, she would lose her post. They deplored that no measures had been taken by the Government to prevent or prohibit discrimination in job advertisements and sexual harassment. Moreover, the imposition of a compulsory dress code for women had a direct effect on the employment of non-Muslim women and affected their public freedom. Nonetheless, the Government was aware of the discriminatory legal provisions which needed to be amended or repealed, like the provisions of the Civil Code allowing the husband to prevent his wife from taking up a job. Finally, regarding women's conditions, the Worker members referred to a recent resolution adopted by the UN General Assembly in March 2008, which once again highlighted the dramatic situation of women being continuously discriminated against in law and practice.

The Worker members were deeply concerned that the observation of the Committee of Experts once again referred to discrimination against religious and ethnic minorities excluded from particular occupations for alleged national security reasons. In this regard, the Worker members stated there was written information available for 2007-08 undoubtedly proving discrimination against the Baha'i with regard to their access to universities and to particular occupations, as well as to their right to a pension, and that they were subject to moral harassment in the public sector. Such information was being revealed while progress should have already been registered following the Government's commitment at the 2006 session of the Conference Committee.

The Worker members, observing that the recommendations of the Committee of Experts did not receive any serious response by the Government, deplored that the Government did not provide in due time the relevant information on the measures taken. Since the conformity of these measures with ILO international labour standards needed to be verified, the Worker members reserved the right to request that the individual case appeared in a special paragraph of the Committee's report.

The Worker member of the Netherlands referred to three specific areas of legislative discrimination against women highlighted in the 2006 conclusions of this Committee. The Government had undertaken to revise section 1117 of the Civil Code, pursuant to which a husband could bring a court action against his wife for taking up employment. Unfortunately, the provision had not been amended, and, even if not used in practice, its very existence had an intimidating effect on women. Secondly, Decree No. 55080 limited the position of female judges to administrative or advisory status denying them the authority to issue judgements. This represented a severe insult to the intellectual and decision-making capacities of women. It was most regrettable that the Government was unable to present evidence of steps taken to remove the restriction. Thirdly, the legal and practical restrictions on access to jobs for women above the age of 30, or even the envisaged age of 35, severely restricted the participation of women in the labour market for more than half of their working life. It could only be deplored that the Government only expressed intentions but was not able to present evidence of steps taken to remedy this.

As argued by the Government representative, discrimination against women in the labour market was just a result of historical and cultural factors. This reason, however, did not remove the responsibilities of the Government to amend the relevant laws and implement and enforce them actively. Iranian women trying to assert the rights of women in their personal, working and community lives faced growing repression. More than 100 women had been arrested, interrogated and sentenced in the last two years. Newspapers, magazines and broadcasters promoting women's rights had been closed down, including the prominent magazine Zanan. Women collecting 1 million signatures in the Campaign for Equality had faced harassment and arrest.

The restrictions of civil liberties and the repression of independent trade unions made it difficult to obtain reliable information on the position of women in education and the labour market. As no freedom of association existed, the working women of the Islamic Republic of Iran could not organize freely, be represented or defend their interests independently. While the efforts of the Government to provide women greater access to education were appreciated, no accurate data had been collated as to how many women entered employment after their education, in what sectors, at what levels, how long they retained employment, and how many re-entered employment after having or raising children. It was crucial that the Government collate and make available this essential, disaggregated data. Job opportunities for women still lagged far behind that of men, and, according to the Committee of Experts' observation, the participation of women was 12.2 per cent in 2003 and had only increased to 13.8 per cent in 2006. The Government needed to acknowledge this extremely low rate and take remedial action. Women were also the first to be laid off when companies restructured and, in case of non-payment of wages, had little means to pursue the arrears.

Health and childcare services and other social services had been promised to facilitate women's participation in the workforce, but most working women had not been able to get access to these services. The nature of employment in the Islamic Republic of Iran had shifted towards informalization. More and more women were working in temporary jobs and contracted labour, where they could not benefit from legal entitlements including maternity protection. Since Iranian labour law did not require companies employing less than 20 people to abide by regulatory protections, and the majority of workers in such companies were women, women faced huge obstacles of discrimination in the labour market. It was vital that the Government develop instruments to make the promised facilities available to women employed in the informal sectors, and provide detailed information on these matters to the Committee of Experts. The huge gap in the pay rates afforded to women performing the same work as men (sometimes half the pay) also needed to be addressed. The Government should provide comprehensive data on matters relating to pay equity and the measures envisaged in this regard.

In conclusion, after the Government had been urged in 2006 by this Committee to take measures to eliminate discrimination against women in the labour market, no visible progress had been made, neither with respect to the amendment of specific regulations that had been the subject of discussion for years, nor concerning the more general social and economic barriers that hindered women's participation in the labour market. The Government was urged again to address the serious violations of the Convention.

The Worker member of Indonesia recalled that one of the most atrocious aspects of this case, when it first came to the attention of the Committee of Experts, was the execution of 200 Baha'i citizens in the framework of significant intolerance towards religious minorities. The UN General Assembly also expressed its concerns in its resolution of 20 March 2008 on the situation of human rights in the Islamic Republic of Iran. This resolution included specific reference to attacks on the Baha'i in statesponsored media, as well as increasing evidence of efforts by the State to identify and monitor the Baha'i. Information and evidence from various government departments on the violations against the Baha'i was available. An official communication from the Public Intelligence and Security Force dated 9 April 2007 aimed at repressing Baha'i businesses through the denial of licences. Another communication from the Ministry of Welfare and Social Security (bearing the emblem of the State Pension Bureau) dated 8 August 2007 stated categorically that there was no law in force allowing the Baha'i to receive pensions. The third communication from the Ministry of Science, Research and Technology listed 81 universities within the Islamic Republic of Iran from which the Baha'i were to be expelled and denied further access. Discriminatory action against both the Baha'i community as a whole and against individual members, was current and pervasive, perpetuated and promoted at the very highest levels of the State. Plans, projects or draft legislation were not sufficient, since there was a need for urgent and effective action for the promises made by the Government in 2006 to be realized before 2010.

The Government representative of the Islamic Republic of Iran thanked the Committee members for their contributions and reiterated that detailed statistical information on the situation of women in the labour market would indeed be provided. The high level of women's university attendance and the large number of women among university professors illustrated that the Government was committed to improving the situation of women, although many challenges remained. There was some legal miscomprehension as to the status of section 1117 of the Civil Code. Under the Iranian legal system, the provision was considered as repealed. Regarding the access of ethnic minorities to employment, the Government representative reiterated that it was the qualifications that mattered, not ethnic origin. The ILO technical assistance mission in 2007 had had an opportunity to meet a member of the Baha'i community who was a successful businessperson in the high-tech sector. Many of the circulars regarding the Baha'i that had been mentioned were fabrications; others had been repealed.

The Government was striving to promote women's entrepreneurship and to promote women's social rights. In addition, numerous non-governmental organizations were active in this area. The Government denied that there was any legal barrier that would prevent women over the age of 30 from being employed, however, it would look into the matter. Improving literacy and providing free access to education for all, men and women, was a priority. The current social security legislation, which considered the man as the breadwinner, was in line with the country's culture. There was no sexual harassment, and labour inspections had not revealed any wage discrimination based on sex.

The Government representative noted that a number of ILO missions had taken place in recent years, but the country had not received the amount of assistance it needed. It was unacceptable that technical assistance on important matters, such as occupational safety and health was being denied. A number of legislative initiatives were under way, but time was needed to complete them. The Government was also committed to pursuing social dialogue. More detailed information would be provided to the Committee of Experts.

The Employer members observed that the efforts to promote equality and non-discrimination in employment and occupation had been very slow. The Government had not provided information on the practical effects of the measures it had taken. However, it was a fact that women's labour force participation remained very weak, while their unemployment was twice as high as men's. Women's absence from high-level jobs was unacceptable and the obligatory dress code constituted a barrier to women's employment in the public sector. The Government must demonstrate that progress concerning women's equality in employment was being made in practice. To this end, it must provide detailed statistical information on the situation of men and women in the private and public sectors, disaggregated by level of employment, to allow for an assessment of the scope of the problem and the progress made. The Government was also urged to provide information indicating the extent to which vocational training translated into employment opportunities for women. The Employer members also called on the Government to demonstrate progress regarding the application of the Convention in law, including the repeal of discriminatory social security regulations and provisions restricting access to employment on the basis of age. The Government must also ensure that there are no legal obstacles with regard to women's equal status with men in all functions in the judiciary. Finally, the Employer members expressed their deep concern about the repression of freedom of association and meaningful social dialogue on the issues covered by the Convention.

The Worker members recalled that the elimination of all forms of discrimination in respect of employment and occupation was a question arising in all modern democratic societies. The number of observations formulated by the Committee of Experts on the application of the Convention in the Islamic Republic of Iran constituted a mat- ter of concern. In 2006, the Committee had requested the Government to communicate to the Committee of Experts a written report on the points that had not been covered by the Government representative during the discussion as well as on the progress achieved in bringing the legislation into conformity with the Convention. In this regard, the Committee had urged the Government to take measures to ensure the amendment of the texts restricting the employment of women, in particular those relating to the role of female judges, the obligatory dress code, the possibility of the husband to refuse his wife's access to employment and the inclusion of women in the social security system. The Committee had also expressed concerns about the acts of discrimination against the members of religious and ethnic minorities, and notably of the Baha'i community. The Worker members recalled that the Government had undertaken to bring national legislation into conformity with Convention No. 111 by 2010 and to submit a report on the implementation of a national strategy for the promotion of women's employment and empowerment and equality through the Economic, Social and Cultural Development Plan for 2005-10. The Worker members regretted that the Government contented itself with making declarations on basic principles and expressed their disappointment with the lack of up to date information on the effectiveness of the measures allegedly taken. None of the recommendations of the Committee of Experts, in particular concerning necessary legislative amendments, had been the subject of a serious response from the Government. In 2006, the Worker members had trusted in the Government's commitment. However, the lack of progress and the impossibility to verify the information supplied by the Government representative during the discussion prompted the Worker members to request that the case be mentioned in a special paragraph in the Committee's report.

The Worker members did not find in the information provided by the Government of the Islamic Republic of Iran proof of any real progress in the elimination of discrimination against women or religious minorities. This lack of progress was serious and ought to justify a special paragraph. However, given the fact that the discussion was based on a mid-term report, the Worker members were willing to give the Government the opportunity to increase its efforts to meet the 2010 deadline for fully removing all discriminatory elements from its legislation and seriously address all discriminatory practices hindering the equal participation of women and religious minorities in education and the labour market.

The Employer members observed that the discussion of the case had provided the Government with an opportunity to provide a mid-term assessment of the progress made in bringing its law and practice into line with the Convention no later than 2010. The Employer members therefore deeply regretted the lack of progress since the discussion of the case in 2006. They expressed deep concern that, due to the present context of the repression of freedom of association in the country, meaningful social dialogue on these issues had not been possible at the national level. They therefore urged the Government to take action on all the outstanding issues with a view to fulfilling its promises made in 2006 that it would bring the relevant law and practice into line with the Convention by 2010. They called on the Government to provide complete and detailed information to the Committee of Experts at its session in 2008 in reply to all the pending issues raised by the Conference Committee and the Committee of Experts. If such progress were not achieved, the Employer members would support the inclusion of a reference to this case in a special paragraph of the Committee's report when the case was next discussed.

Conclusions

The Committee noted the statement of the Government representative and the discussion that followed. It took note of the Government's statement that there was a strong legislative and policy framework supporting non-discrimination, and that recently, bills had been drafted and circulars issued on specific aspects of non-discrimination. It also noted that no cases of wage discrimination against women had been found during the 375,000 inspections that took place last year. It also noted the Government's statement that it would provide with its next report to the Committee of Experts a wide range of detailed statistics, as well as a more detailed account of the status of the Baha'i.

The Committee noted that it had examined this case on a number of occasions, most recently in June 2006, at which time it requested the Government to provide a mid-term assessment in its subsequent report to the Committee of Experts on the steps taken to bring the relevant legislation and practice into line with the Convention by no later than 2010. The Committee also noted that the Committee of Experts, having examined this mid-term assessment, as well as the findings of an ILO technical assistance mission which took place in October 2007, continued to raise a wide range of concerns, in particular regarding discriminatory laws, regulations and practices, lack of access to complaints mechanisms regarding discrimination and the absence of meaningful social dialogue on these issues. The Committee expressed its disappointment with the absence of progress since it discussed these issues in 2006.

With respect to discrimination against women, the Committee expressed concern regarding women's low labour market participation, and particularly their limited access to senior positions, and the high unemployment rate of women. The Committee noted the continued efforts of the Government to promote women's access to university education, and noted the Government's acknowledgment that there remained a long way to go in practice to remove the barriers to women's employment. The Committee took note of the Government's indication that a bill regarding anti-discrimination in education, vocational training and employment had been submitted to the Cabinet of Ministers, and that a bill was before Parliament regarding the status of female judges. However, it remained concerned that over the years a number of bills, plans and proposals had been referred to which had not come to fruition. The Committee also took cognizance of the Government's indication that judges had been instructed not to apply section 1117 of the Civil Code. It was concerned that in the absence of the express repeal of this provision, it would continue to have a negative impact on women's employment opportunities.

The Committee deeply regretted that despite statements of the Government to this Committee expressing a clear commitment to repeal laws and regulations that violated the Convention, progress in this regard was slow and insufficient. It, therefore, strongly urged the Government to repeal or amend, without any further delay, all laws and regulations restricting women's employment, including regarding the role of female judges, the obligatory dress code, the right of a husband to object to his wife taking up a profession or job, and the discriminatory application of the social security legislation. The Committee also urged the Government to take action to address any barriers, in law or in practice, to women being hired after a certain age, whether it was 30 or 40, and to address effectively other discriminatory practices against women, including by prohibiting job advertisements containing discriminatory elements.

With respect to the existing laws and policies on non-discrimination, the Committee called on the Government to ensure these were widely publicized and enforced. Given the increase in temporary and contract employment of women, the Committee urged the Government to ensure that all entitlements and facilities were also made available in practice to these women workers. It also urged the Government to provide the Committee of Experts with the detailed statistics it had been repeatedly calling for, in order to allow it to make an accurate assessment of the situation of women in vocational training and employment.

With respect to discrimination against religious and ethnic minorities, the Committee regretted that the situation had not improved since 2006, and requested that concrete steps be taken in this regard. Noting the particularly serious situation of the Baha'i, the Committee strongly urged the Government to take decisive action to combat discrimination and stereotypical attitudes, through actively promoting respect and tolerance for the Baha'i. It also urged the Government to ensure that all circulars or other government communications discriminating against religious minorities be withdrawn without delay, and that measures be taken to make it clear to the authorities at all levels and the public at large that discrimination against religious minorities, in particular the Baha'i, would not be tolerated.

The Committee expressed its deep concern that, due to the present context of repression of freedom of association in the country, meaningful social dialogue on these issues at the national level had not been possible.

The Committee urged the Government to take urgent action on all the outstanding issues, with a view to fulfilling its promises of 2006 that it would bring all its relevant legislation and practice into line with the Convention by 2010. The Committee requested the Government to provide complete and detailed information to the Committee of Experts at its 2008 session in reply to all the pending issues raised by this Committee and the Committee of Experts.

The Worker members did not find in the information provided by the Government of the Islamic Republic of Iran proof of any real progress in the elimination of discrimination against women or religious minorities. This lack of progress was serious and ought to justify a special paragraph. However, given the fact that the discussion was based on a mid-term report, the Worker members were willing to give the Government the opportunity to increase its efforts to meet the 2010 deadline for fully removing all discriminatory elements from its legislation and seriously address all discriminatory practices hindering the equal participation of women and religious minorities in education and the labour market.

The Employer members observed that the discussion of the case had provided the Government with an opportunity to provide a mid-term assessment of the progress made in bringing its law and practice into line with the Convention no later than 2010. The Employer members therefore deeply regretted the lack of progress since the discussion of the case in 2006. They expressed deep concern that, due to the present context of the repression of freedom of association in the country, meaningful social dialogue on these issues had not been possible at the national level. They therefore urged the Government to take action on all the outstanding issues with a view to fulfilling its promises made in 2006 that it would bring the relevant law and practice into line with the Convention by 2010. They called on the Government to provide complete and detailed information to the Committee of Experts at its session in 2008 in reply to all the pending issues raised by the Conference Committee and the Committee of Experts. If such progress were not achieved, the Employer members would support the inclusion of a reference to this case in a special paragraph of the Committee's report when the case was next discussed.