Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

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

A Government representative welcomed the invitation to review the application of the Convention by his country. The judicious and constructive observations and recommendations of the Committee of Experts were a point of reference for appraising the implementation of international labour standards. He also expressed appreciation for the general indication by the Committee of Experts with reference to Article 2 of the Convention, that account should be taken of national conditions and practice in the implementation of the Convention. His Government had constantly strived to meet the objectives of the Convention and the national Constitution and other laws and regulations, such as article 101 of the Fourth Five-Year Economic Development Plan and the Charter of Citizenry Rights which provided a solid foundation for the implementation of the Convention. He added that until the ideal of full implementation of the provisions of the Convention could be achieved, greater coordination and closer cooperation between the various governmental bodies and the social partners was required. The Government had initiated a comprehensive scheme to raise the awareness of the relevant authorities and the administration concerning the urgent need to repeal and amend the legal and administrative provisions that were not in conformity with the Convention. However, this would be a time-consuming task and the Government looked forward to intensified ILO technical cooperation.

He acknowledged that despite the earnest efforts to provide a comprehensive mid-term assessment of the concrete steps taken to bring the law and practice into line with ILO Conventions, the Government had failed to discharge this undertaking the previous year. Efforts were also being made to submit as soon as possible the overdue comprehensive report of the latest measures with detailed figures disaggregated by gender, ethnicity and religion. In the meantime, the Government had continued its efforts to meet the objectives concerning a national equality policy, equal opportunities and treatment for men and women, and the newly emerging social dialogue and to address discriminatory laws and regulations and discrimination on the basis of religion and ethnicity.

Recalling that in 2006 the Conference Committee had requested the Government to take urgent action on all the outstanding issues, the Government was committed to bringing the relevant legislation and practice into line with the Convention by 2010. One of the main instruments was the Charter of Citizenry Rights which placed significant importance on the promotion, respect for and observance of human rights, especially of minorities. It provided for indiscriminate protection of individual, social and political liberties and religious and ethnic rights for all citizens of the Islamic Republic of Iran, irrespective of their gender, colour, creed and social extraction, and called for the elimination of any type of ethnic and group discrimination in the legal and judicial fields and in practice.

With regard to violations of civil and legal rights, he indicated that the number of cases under investigation had decreased: 8,555 in 2003, compared with 8,966 in 2002. Information on cases of violations of the law and legal procedures between 2003 and 2008, disaggregated by sanctions imposed on judges at fault would be provided to the Office in the near future. He recalled that any infringement of constitutional law or any form of discrimination against nationals of the Islamic Republic of Iran was strictly forbidden. Irrespective of one’s social extraction, colour, creed, race or origin, punishment and penalties were equally applied. The courts addressed any such infringement immediately. The judiciary had held four training courses for judges and attorneys on citizens’ rights, in particular during the process of issuing judicial verdicts. In addition to those efforts, the judiciary had also amended or revoked some of the laws, regulations and instructions which contravened citizens’ rights in order to bring them into further compliance with the provisions of the Convention. These procedures involved nullifying administrative orders of various authorities, including the police, improving the right to judicial recourse and improving social security protection of disadvantaged rural groups. He was confident that the Committee would take note of these concrete steps.

Another issue taken up by the Committee of Experts concerned equal opportunities in the treatment of men and women in education. It had been alleged that quotas restricting women’s access to university had been secretly applied since 2006 in up to 39 fields of study. However, the college entrance examination for the admission of new university entrants had always been a measure for the planning of human resources. All practices in respect of human resources planning were extensively discussed in a highly specialized working group of the Cabinet of Ministers and the Parliamentary Commission of Education. In 1983, almost 32 per cent of university places had been occupied by women students; by 2007, this figure had more than doubled, and now stood at 65 per cent. This drastic increase could be attributed to many factors, including empowerment and capacity-building policies for women and their own aspirations to break out of traditional role models. Statistics on participation in entrance examinations and admission to university during the period 2001–08, disaggregated by gender, revealed that contrary to the alleged secret discriminatory quota system against women, there had always been a relative balance in the numbers of entrants admitted.

He openly admitted that there was a quota system in 39 different educational fields and indicated that the logic behind this seemingly controversial issue was the very essence of Article 2 of the Convention, insofar as it concerned the application of methods appropriate to national conditions and practice, to maintain an equitable equilibrium between entrants to develop gender-balanced human resources and ensure access to employment opportunities. The Government had decided to opt for a very fair and justifiable quota system to initially secure an even share of around 30 to 40 per cent open only to one gender. The remaining 20 to 40 per cent were filled solely on merits. The records showed that this had led to a significant surplus of one or other gender in certain professions in certain years, resulting in shortage, for example, of adequate numbers of male doctors or female engineers. When such gender-based shortages occurred, positive action was taken. Examples of fields of study where quota systems existed were textile engineering, mathematics, economics, natural resources engineering, computer engineering, law, journalism, education and political science. Positive action was taken to achieve a reasonable balance, particularly in disciplines where men would otherwise have a monopoly due to their superiority in such areas as mathematics and engineering. Through the quota system, women were therefore given a fair chance to compete, in disciplines where men were stronger, against other girls with more or less the same educational skills, academic background and personal inclinations.

With regard to the measures taken to bring law and practice into conformity with the Convention, he admitted that this had yet to be fully undertaken with respect to the criminal laws of the country. Nevertheless, two important initiatives had been taken to introduce the principles and contents of the Convention to the public, and especially to judges and attorneys, as well as into the channels for legal recourse against discrimination-related offences. The first focused on training, through the publication of educational pamphlets and brochures and the production of educational programmes for radio and television, preparing the ground for cultural orientation, while holding training courses for the public. Special training courses had also been held for judges and attorneys. Second, legal clinics had been set up to provide legal advice through a telephone helpline and an Internet page to persons whose rights had been infringed. Training had also been provided through a UNDP project for provincial judicial authorities in provinces inhabited by minorities, to combat discrimination amongst tribal, racial, religious and ethnic minorities. In the context of the project, the principles and application of the Convention were thoroughly discussed and ILO assistance had been sought. Further training measures for Iranian judges on international labour standards had also been agreed upon with the Office.

The establishment of the Supervisory Board on Discriminatory Conduct was another concrete step taken by the judiciary to ensure the implementation of the Convention. Based on the Law to Investigate Infringements of Administrative Rules, a Supervisory Board had been established, composed of one representative of the judiciary and three representatives assigned by the Cabinet of Ministers or heads of independent government bodies. The Supervisory Board scrutinized the verdicts issued by the committees and/or appeal bodies and was authorized to revoke such verdicts, where necessary. Among other complaints, the Board had recently addressed formal accusations from ethnic and religious minorities in the provinces of Khuzestan, Kurdistan, Sistan and Baluchistan. Those cases were a clear indication of his country’s determination to fulfil its obligations under the Convention.

Another Government representative, Deputy Minister for Parliament, Legal and International Affairs, added that his country was very diverse, both ethnically and linguistically, and that its population included Arab groups, Turkmens, Persians, Kurds, Baluchi, etc., without this having any negative implications in terms of peaceful cohabitation among Iranian citizens. There was no discrimination whatsoever with regard to access to university, to public administration or to ministerial and diplomatic posts. Equity was fully respected.

The Government representative who first took the floor, further observed that another means of protection was article 171 of the Constitution, which protected the rights of persons sustaining material and non-material damages due to errors committed by judges. Those who had committed the errors were liable for compensation for the losses. Otherwise, the State would be liable to compensate the losses and ensure the acquittal of the defendant to restore his or her credibility. The Government was committed to equality among all human beings and the restoration of justice. It had established the Women's Juridical Studies Committee in the judiciary, which was responsible for conducting studies on the current situation with respect to the implementation of the Iranian Constitution and human rights principles, and identifying best practices relating to the challenges ahead in respect of reform measures, existing, theoretical and practical issues and juridical, procedural and structural problems.

With regard to discrimination on the basis of religion, he referred to article 12 of the Iranian Constitution, according to which the followers of the officially recognized religions in every region of the country, where a religious minority existed, had the right to refer their disputes to special courts, which ruled according to their own religious beliefs. In order to strengthen and unify non-discriminatory legal procedures, a commission had been established composed of representatives of three bodies, minorities and women. The commission proposed plans on combating evident discriminatory practices, and where action was not taken to improve the situation, it was empowered to institute legal proceedings. Dispute Settlement Councils for Formal and Informal Religious Minorities had also been established composed of representatives of minorities, including Zoroastrians, Assyrians, Armenians and Saebin Mandani. In addition, the judiciary had indicated in a bill presented to the Islamic Consultative Assembly that any kind of discrimination related to tribal and group affiliations should be eliminated from judicial and legal proceedings.

Despite all these achievements, which demonstrated the Government’s will to comply with ILO standards and the comments of the supervisory bodies’ requests, he acknowledged that the issues that had arisen for over 25 years could not all be resolved in a short period of time. It was necessary to revise and repeal certain laws, doctrines and unjustifiable institutionalized behaviour. Any serious corrective approach always called for a conciliatory, collaborative and tolerant environment. He hoped that the tangible measures taken to revise laws and regulations would allow his country to meet its obligations. Albeit gradual, the progress achieved should be appreciated.

He indicated that, in view of the need for a comprehensive law prohibiting all forms of discrimination in employment and education to compensate for any misinterpretation and misapplication of the constitutional law, the Government had submitted a Bill on Non-Discrimination in Employment and Education, which guaranteed to all Iranian nationals, irrespective of their gender, colour, creed, race, language, religion, ethnic and social background, equal access to education, vocational training, and any other social service leading to productive employment. The Bill categorically prohibited any form of distinction, preference and discrimination and the imposition of any limitation in access to free and formal education at the different levels, including higher education. It required equal access to technical and vocational training and job and employment opportunities for all nationals. Once approved, the Bill would pave the way to better compliance with the terms of the Convention. Article 4 of the Bill required the Government to either amend or abrogate all administrative laws and regulations falling within its mandate, which contradicted the provisions of the Bill, within six months of its entry into force. Other laws and regulations, whose amendment or abrogation needed Parliamentary approval, would also be identified and submitted to Parliament for action. The Government urged the Office to provide technical assistance to raise awareness concerning the ILO’s objectives and particularly the application of standards and the need to bring national law into line with the provisions of Conventions, where appropriate.

With reference to the activities of the Centre for Women’s and Family Affairs, he indicated that, with a view to raising women’s status at all social levels and enabling them to play a more substantial socio-economic role in all spheres, it had undertaken various programmes throughout the country. Certain government organizations had also been specifically established to deal with the different aspects of women’s affairs, including the Women’s Socio-Cultural Council and the Center for Women’s and Family Affairs which were among the most renowned.

With a view to improving the socio-economic status of women and empowering them to break away from their traditional roles in society, the Government was investing heavily in the education of young women aged 15 to 24. The literacy rates of young men and women had reached 98 and 96 per cent, respectively, in 2005, thus closing the huge gap which had existed in the past. It was estimated that by the year 2009, young women’s literacy would reach 100 per cent. The imbalance in the number of boys and girls at school had now almost been redressed and stood at 51.82 and 48.19 per cent, respectively, in 2005. As for university students, the longstanding imbalance in favour of men had taken a totally different direction. In 2008, almost 65 per cent of university places had been taken by young women, leaving only 35 per cent of higher education opportunities for men. Educated women were also managing to enter into long-established male occupations, such as polytechnic schools, the engineering sector, the oil, gas and petrochemical industries, law, economics, commerce and computer and information technology. They had further established themselves in the world of business, and some had become well-known entrepreneurs.

The new generation of highly educated women had also ventured into politics, which had traditionally been regarded as a male world. The proportion of women parliamentary candidates had increased from 3.02 per cent in 1980 to 9.89 per cent in 2005, with 12 women being elected. Although their progress in Parliament was not as rapid as that in universities, it was still steady and steadfast. There also had been a very significant increase in the number of women in managerial positions, particularly in middle-ranking ones. Their participation in academia had increased from only 1 per cent in 1979 to almost 30 per cent last year. Almost 40 per cent of highly specialized medical doctors of the country were women, and in gynaecology the proportion of female practitioners was almost 98 per cent.

In addition, many women were now entering the judiciary, which had recruited 20 women applicants through open entrance examinations in the previous year. In 2006, another 29 women students had been admitted to the College of Judicial Studies. More women were due to be recruited as judges, directors and legal advisers in the judiciary, while hundreds of young women lawyers were working in courts all over the country. He indicated that the latest statistics on the situation of women workers would be provided in future reports on the implementation of the Convention.

He further recalled that substantial resources were also allocated for the protection of women, their empowerment and poverty elimination programmes. In almost all government agencies dealing with social protection and welfare, specific departments exclusively addressed women’s affairs. The National Welfare Organization, the National Organization for Youth, the Rural Women’s Cooperative, the Nomads Affairs Organization, the Imams Welfare and Relief Committee, the National Education Campaign Organization and the Red Crescent Organization were all active in dealing with women’s welfare and promotion.

Women were present at all levels of decision-making and public administration. All ministers were required to have a woman adviser on their management team, as a result of which over 40 women were vigilantly supervising women’s programmes throughout the administration. Special advisers exclusively addressing women’s affairs had also been appointed in all provinces, counties and townships to assist women’s empowerment and poverty alleviation programmes. Women’s promotion programmes also focused on: granting loans with low interest rates to women heads of household; promoting and extending support to women’s entrepreneurship programmes; establishing specialized job creation centres for women and training women trainers to administer them; providing training courses to prepare women to attend women’s assemblies and conferences; holding regular exhibitions for the promotion of women’s entrepreneurship; exempting women entrepreneurs and job creators from income tax; providing technical guidance and support and helping women entrepreneurs conduct feasibility studies on small and medium enterprise (SME) projects; conducting surveys on the balance between work and family; holding on-the-job training courses for women managers and directors; establishing specialized women entrepreneurs associations; establishing special technical and vocational training centres for women; providing special grants for women job-seekers; empowering female heads of household; conducting special training courses for women’s NGOs and providing legal assistance to women. In addition, to curb poverty among women, the National Welfare Organization had been entrusted with the responsibility of helping women heads of households and abandoned women integrate into the labour market through appropriate technical and vocational training programmes. Hundreds of women’s NGOs and other social welfare groups also supported those programmes.

One of the most successful welfare and relief organizations had been founded by Imam Khomeini. The Imam Relief and Welfare Committee, together with the Bank of Agriculture, had regularly provided microfinance credits to women workers and women heads of households for small business projects in such fields as agriculture, animal husbandry and food processing. Rural women comprised 12 million of the Islamic Republic of Iran’s population and thus played a very significant role in the national economy, especially in agriculture and handicrafts. However, as they were mostly active in the informal economy, they were very vulnerable to the effects of economic and social crises, and were particularly at risk of unemployment and underemployment. The Rural Women’s Cooperative Organization had been established to provide sustainable employment opportunities for rural women and over 170 women’s cooperatives now had 34,000 women members in 807 villages across the country. The Government had also recently launched further initiatives to expand women cooperatives.

With regard to the prevalence of discriminatory job advertisements, he referred to the circulars requiring all administrative bodies to ensure justice in employment and the selection of the most appropriate candidates. In particular, Circular No. 18326 required the inclusion of minorities in advertisements so that Iranian religious minorities could enjoy their constitutional rights to equal treatment and employment. The Labour Inspectorate under the Ministry of Labour also ensured that Iranian minorities had equal and indiscriminate access to employment opportunities.

Labour inspectors also addressed complaints of sexual harassment in the workplace. So far, no such case had occurred and no complaints had been lodged. Such cases seldom occurred in the workplace, due to the Islamic and national Iranian culture and the very negative social consequences of such harassment for the perpetrators.

With regard to amending discriminatory regulations on social security, which currently favoured the husband over the wife in terms of pension and child benefits, the Government, in collaboration with the social partners, had launched a global plan for social security, which also included the above amendment. However, he categorically denied the existence of administrative rules restricting the employment of wives of government employees. He also denied the unfounded information brought to the attention of the ILO mission to the Islamic Republic of Iran in November 2007 alleging the existence of legal barriers to the hiring of women above the age of 30. Neither the labour law nor other laws and regulations concerning recruitment and employment made any reference whatsoever to excluding women above the age of 30 from applications for jobs. Article 14(a) of the State Employment Law clearly limited the employment age to a minimum of 18 and a maximum of 40 years. The maximum age of employment could be exceptionally extended for a period of five years in cases where the Government recruited its staff for the second time.

He also referred to certain complaints that were reported to have reached the Office concerning the processing of cases of religious minorities in the judiciary. Among the eight complaints received in this respect, six concerned the Baha’i sect. With regard to the alleged non-admission of the members of the Baha’i sect to the Vocational Training Centre (TVTO), he noted that the circular issued by the Deputy Minister of Labour strongly forbade any such discrimination. Believers of the Baha’i faith, like other Iranian nationals, were therefore entitled to apply for training opportunities in the TVTO.

The Government ensured that members of religious minorities could learn about faith, practise their rituals and maintain their language and cultural values. In addition to having access to free education at all university levels, the members of religious minorities traditionally had their own primary and secondary schooling, although they could also attend public schools. They were provided with individual religious teaching, practised their specific cultural rules and more, and acquired their linguistic skills in absolute freedom. The Ministry of Education recruited and fully trained the most appropriate and academically qualified teachers among the minority candidates.

With a view to amending and repealing the laws and regulations limiting women’s access to judiciary posts, a Bill had been submitted to the Parliament in 2007 specifying the required qualifications of judges irrespective of their gender. Article 163 of the Iranian Constitution, defining the qualifications of judges, made no reference to their gender. Moreover, a Bill on the protection of the family that was before Parliament, provided that any court hearing related to a family dispute should be presided over by a minimum of one woman judge, and would automatically repeal Decree No. 55090. Currently, 459 women judges were assigned to different positions in the judiciary. Women also held positions as investigators and prosecutors. A few had been appointed directors of judicial administrations in provinces and presided over their male colleagues. Recalling the information provided to the high-level delegation in November 2007, he indicated that two women judges had been assigned to the court of appeal. In Tehran Province alone, there were 112 women judges.

Regarding the observations of the Committee of Experts on the situation of ethnic minorities, he emphasized that Iranian culture was the result of the integration and interaction of common interests and beliefs, customs and traditions and a common historical background of different ethnic minorities residing on the plateau of the Islamic Republic of Iran. This culture was symptomatic of the nation’s profound historical, cultural and ideological legacy.

The latest national statistics of managers in the provinces with ethnic minorities revealed that in the Turk-Kurd province of Western Azerbaijan, 83.7 per cent of managers were chosen from the two Turk and Kurd minorities. In Kemianshah Province with its mixture of Kurdish minorities, 86.7 per cent of managers were national Kurdish residents. In Kurdistan Province, 78.8 per cent of the managers were of different Kurdish minorities. In Sistan and Baluchistan Province, where two ethnic and religious minorities of Baluchi and Sistani had peacefully coexisted for thousands of years, 65.6 per cent of managerial positions were distributed among natives. This showed that the Government had done its best to promote the indiscriminate access of ethnic minorities to high- and medium-level managerial positions.

Regarding the observations of the Committee of Experts on the Baha’i and the concerns expressed in respect to their access to education and vocational training, he reported that a circular had been issued recently by the President of the TVTO re-emphasizing the free access of all Iranian nationals to vocational training. The circular had been issued in compliance with the government policy for the protection of the rights of all Iranian nationals, irrespective of their beliefs, colour, creed, religion and gender.

In conclusion, he emphasized that the non-recognition of a religious minority in the country did not imply the non-recognition of their rights or the existence of discrimination against them. He added that a more detailed account of the status of the Baha’i would be contained in the next report on the application of the Convention submitted to the Office. He added that, in view of the great importance attached by his Government to the Convention, he reaffirmed his country’s commitment to address concerns raised by the Committee of Experts and looked forward to further cooperation in this regard.

The Employer members noted the Government’s commitment to social dialogue with the social partners, last expressed in 2008. They voiced concern that despite these expressions of commitment the Government had interfered with the Iran Confederation of Employers’ Associations (ICEA), thus violating the principles of freedom of association. The Committee of Experts observed that there had been no improvement in the social dialogue situation in the country. The Employer members reminded the Government that without respect for the freedom of association of both workers’ and employers’ organizations, meaningful social dialogue was not possible. They also recalled that the Convention required member States to pursue a policy of equality of opportunity and treatment in respect of employment under its direct control, and that it should seek the cooperation of employers’ and workers’ organizations in promoting acceptance and observance of this policy. Since 2006, the Committee had also urged the Government to repeal or amend all laws 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, the discriminatory application of social security legislation, and the barriers in law and practice to women being hired after the age of 30 or 40. The Government had committed itself to bringing all relevant legislation and practice in line with the Convention no later than 2010.

In this respect the Government had provided the Committee of Experts with information on five projects on legislation to address the discriminatory laws and practices mentioned above. While none of this draft legislation so far had come into effect, the Employer members expected that these laws would actually be enacted. In the past, the Government had been requested, both by the Committee of Experts and by the Conference Committee, to provide detailed reports on measures taken in law and in practice to prohibit discrimination, and to provide relevant statistics. So far, this had not happened and the Employer members urged the Government to provide all the requested information, to permit an evaluation of the situation in the country. Finally, concerning the situation of the Baha’i minority, they noted that the Government appeared to have taken no action on this matter, despite the urgency expressed previously by the Committee.

The Worker members emphasized that it would have been preferable for the Government to have communicated its information to the secretariat before the examination of the case by the Committee, so that a written document could have been prepared in advance.

In 2006, the Conference Committee had examined the application of Convention No.111 by the Islamic Republic of Iran. It had on that occasion regretted to note that no progress had been made in amending or repealing legislation that was contrary to the Convention. It had urged the Government to ensure that the laws and regulations restricting women’s employment, including those 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 application of social security legislation to women, should be brought into conformity with the Convention without delay.

The Committee had examined the case under discussion on several occasions. Moreover, the country had regularly been the recipient of ILO assistance. In 2008, the Committee had urged the Government to take urgent action on all the outstanding issues, with a view to fulfilling its promises of 2006. In 2008, the Worker members had requested that the case be mentioned in a special paragraph in the Committee’s report, but that had not been accepted. The Government had been requested to supply comprehensive and detailed information on a number of issues to be taken up at the November 2008 session of the Committee of Experts. Those issues had again been raised in the Committee of Experts’ observation, which also included a double footnote.

As part of its Economic, Social and Cultural Development Plan (2005–10), the Government had undertaken to take measures, notably in the legislative field, to implement the principles embodied in the Convention. The measures were to have been introduced before 2010. The Committee of Expert’s observation, however, showed that no such measures had been taken. The Committee of Experts had in fact on several occasions noted with regret that, despite its repeated requests, no progress had been made whatsoever, and that the Government had merely reiterated its commitment or indicated that there had been difficulty in obtaining the information that had been requested since 2006. Furthermore, the Committee of Experts noted with regret that no amendment had been made to the legislation and that no measure, aimed for example at combating discrimination against women, had been adopted, although a technical assistance mission had taken place.

The Worker members also referred to the issues raised by the Committee of Experts, namely legislative developments, the national equality policy, equal opportunities and treatment for men and women, and discriminatory legislation.

Regarding changes in the legislation, the Government had indicated that a comprehensive Bill prohibiting any form of discrimination in employment and education had been drafted. Infringements of the law were to be subject to very heavy fines and sanctions. However, the Committee of Experts noted that the Bill had not yet been forwarded to the Office. It was regrettable, moreover, that the Government had not made the Bill available precisely when the Conference Committee was examining the case.

As to the national equality policy, the Committee of Experts’ observation referred to the Charter of Citizenry Rights cited in article 100 of the Economic, Social and Cultural Development Plan, and to article 130 of the Plan empowering the judiciary to take measures towards the elimination of all types of discrimination in the legal and judicial field. According to information supplied by the Government to the Committee of Experts, the Charter of Citizenry Rights had been approved by Parliament in 2007. Yet it had still not been communicated to the ILO, nor had the details of its application, notably with regard to any action taken against judges and public officials who did not comply with its provisions.

With regard to equal opportunity and treatment of men and women, the Committee of Experts’ observation noted that the statistics it had been repeatedly calling for on the unemployment rate of women, and on improved access of women to employment and occupation, through increasing access to university and technical and vocational training, had not been communicated. Moreover, an increasing number of women were working in temporary jobs and contract employment, and thus were not covered by legal entitlements and facilities, including maternity protection. The existing imbalance in women’s participation in the labour market in comparison with that of men, was a direct result of cultural, religious, economic and historical factors. The Government preferred to indicate that it was difficult for women to balance work and family responsibilities, rather than to take advantage of the outcome of various workshops that had been held at the provincial level with a view, among other things, to teaching Iranian women how best to do so. Finally, on the subject of discriminatory legislation, the Committee of Experts had for several years been stressing the need to repeal or amend discriminatory laws and regulations, such as the provisions of the Civil Code restricting women’s access to employment, certain provisions of the social security legislation, the provision concerning women’s access to the judiciary, the dress code and the age barrier to women’s employment. In June 2008, the Conference Committee had expressed deep regret that, despite the Government’s statements that it was committed to repealing laws and regulations that violated the Convention, progress in that regard had been slow and insufficient. In that respect, too, there had apparently been no progress.

In 2006 and 2008, the Committee of Experts had noted that the situation of recognized and unrecognized religious minorities, in particular the Baha’i, as well as that of ethnic minorities, appeared to be very serious. Their situation was still serious, as the Government had taken no steps to eliminate discrimination against the Baha’i and had provided no statistics on the employment situation of the Azeries, the Kurds and the Turks. In addition, the Committee of Experts had noted the absence of any social dialogue conducive to a constructive discussion on the elimination of all forms of discrimination referred to above.

In conclusion, the Worker members expressed the hope that the Committee’s conclusions would reflect the profound lack of confidence in the Government’s statements.

The Government member of Canada remained troubled by reports of continuing discrimination in employment and occupation against women and religious and ethnic minorities. Iranian laws continued to discriminate against women; and women’s participation in decision-making positions in the Islamic Republic of Iran was limited and, apparently, decreasing. Women’s rights movement activists, including organizers of the “million signatures campaign”, were routinely harassed and detained by Iranian authorities. Discrimination against religious and ethnic minorities, such as the Baha’i, persisted despite international efforts. Members of the Baha’i faith continued to be denied employment, government benefits, and access to higher education. Seven members of the Baha’i leadership group had been detained without charges, and without access to legal counsel, for more than a year. The Government did not provide the information requested on this question. It was hard to understand that basic statistics requested by the Committee were unavailable from a country as manifestly capable as the Islamic Republic of Iran. He asked the Government, first of all, to address the numerous requests for information in a timely manner, to bring its legislation and practice into conformity with the Convention, to cooperate fully and to respond substantively to the observation of the Committee.

The Government representative raised a point of order, requesting that the Government member of Canada not expand his intervention beyond the subjects raised by the Committee of Experts. Consequently, the Government member of Canada was asked by the Chairperson to limit his observations to the issue under discussion.

The Worker member of the Netherlands remarked that last year the Government was requested to provide three types of information: on existing and drafted legislation to prohibit discrimination against all citizens; on progress in amending specifically discriminatory elements in the legislation; and detailed statistics. The experts had received none of it. They had not received information on the elements of the Fourth Economic, Social and Cultural Development Plan, nor had they received a copy of the Charter of Citizenry Rights. It was now becoming all the more urgent to receive the statistical information requested, in order to be able to assess the situation, since there was reason to believe that the education and employment situation for women was actually deteriorating.

Last year, the Government had reported on progress with regard to access of women to universities and higher education, as well as programmes to provide vocational training to women. The Government had failed however to provide the requested statistical information. It was imperative that this statistical information was made available, as it appeared that quotas to limit female attendance at university had been imposed. These quotas would limit the proportion of women allowed to study, in some cases to 10 per cent. Any quota that would limit the participation of women by 10 per cent could not be considered as positive discrimination, as the Government was suggesting. Data on the vocational training programmes were also missing. The Government had furthermore failed to provide information on the number of women actually finding employment after their education or training. Last year’s employment figures were as low as 15 per cent.

The Committee needed to know how the current economic crisis affected the employment of women, and to receive information on the number of women employed and also their contracts and working conditions. Already, employees in workplaces with less than five workers or in export processing zones were not covered by law. If the draft legislation, which also excluded temporary workers, was adopted, up to 90 per cent of workers in the Islamic Republic of Iran, many of these women, might not be protected by the country’s labour law. Last year, the Government was criticized for limiting employment of women in the public sector to 30 years or in some cases 35 years. The Government was stating that the correct age was 40 or 45 years. But even then, women were prevented from being employed during the largest part of their potential working life. In 2008, the adviser to the Ministry of Industry and Mining made public that the Government was drafting a bill that would limit working hours for women with children by at least one hour per child. This would not only limit women’s access to the labour market, but also their earning capacity. A government policy or a legal limitation to working hours specifically for women would be highly discriminatory and in serious violation of Convention No. 111. Also, the Government had not reported on the access of workers to child-care facilities, and no information had been given on the financial support that workers received to make use of those facilities. In the online newsletter of the International Transport Workers’ Federation, Maysour Osanloo, President of the Tehron Bus Workers’ Union, explained how he negotiated US$40 per month for childcare for 200 women workers. She understood that this was exceptional. The speaker regretted that it was very difficult to find independent statistics, and that the organizations that might be able to provide information were facing extreme constraints in operating. The leaders of independent trade union organizations were in prison and women’s organizations were also not allowed to report freely.

There was equally a lack of information and reason for increased concern with regard to discrimination in employment and education of the non-recognized religious minority of the Baha’i. The Government had stated during the last meeting of this Committee that the Baha’i enjoyed full rights to higher education. In 2004 and 2005, the Baha’i had been allowed to take the national university entrance exams without having to denounce their religious affiliation. In 2006, over 800 had taken the exams, half of them had passed but only 300 had been admitted. By January 2007, 160 of those had been expelled. Expulsion of students from higher education for being identified as Baha’i continued in 2009. Students in primary and secondary schools were also reported as having been expelled from school. She knew of four cases in Karaj and Kashan and two cases in Tehran and Karaj. Baha’i continued to be restricted in their freedom to pursue a decent living. According to information received by the speaker, in Khorramabad, private sector employers had been summoned to the Intelligence Ministry and pressured to dismiss their Baha’i employees. Official instructions had been given to police headquarters in Rafsanjan to ensure that the number of Baha’i who engaged in any business and the amount of income earned by them was strictly limited. This atmosphere of discrimination had been worsened by the declaration of the Government that all Baha’i administrative arrangements were illegal. The informal structures (Yaran and Khademin), by which the Baha’i were represented and by which they could promote their participation in education and in the labour market, could no longer be in place. Reports had been received that members of these structures had been arrested and sentenced on the ground that these structures had been declared illegal. She urged the Government to repeal this declaration and promote a safe environment for Baha’i to participate in education and the labour market.

To send a clear message to the Government of the Islamic Republic of Iran, to underline that the Committee took the Government’s promises of 2006 very seriously, and to recall that the Government had until 1 September 2009 to meet its promises, the speaker requested that this case be mentioned in a special paragraph of the Committee’s report.

The Worker member of Canada added his voice to the concerns expressed by other speakers over the discrimination of women in employment in the Islamic Republic of Iran. Between 1990 and 2003, GDP had grown annually by 2.4 per cent resulting in a 24 per cent inflation rate and requiring more married women to get a job, just to cover the gaps in family incomes. Fifteen per cent of the formal economy was now composed of women, meaning that only 3.5 million Iranian women compared to 23.5 million men were salaried workers entitled to holidays, maternity leave and pensions provided by the labour law. The situation was aggravated by the fact that women who left home to work were still legally obliged to provide day-care at the same time.

The speaker pointed out that a tug of war was taking place with some pushing for law reform to remove employment barriers, while others wanted more restrictions for women to stay at home. Fortunately, the literacy rate in the Islamic Republic of Iran was 94 per cent for both men and women, which meant that there were indeed opportunities for women to education, but these were skewed towards areas of learning or caring functions of society and not to core industrial or economic decision-making functions. Sixty-four per cent of female students actually reached higher education, where well over 60 per cent of the university population studying medicine, humanities, arts and science-support functions were women, compared to 20 or 30 per cent in technical, engineering or agriculture studies. These same rough proportions were then reflected in women working in corresponding government ministries, where up to 45 per cent of staff were women, compared to industry where they made up 12 per cent of the workforce and were unrepresented in corresponding ministries.

Finally, the speaker pointed out that female discrimination was deep-seated in school text books, and at all levels of compulsory education. Since 2006, 50 women involved in a campaign to collect 1 million signatures in support of improving women’s rights had been detained, with several receiving suspended prison terms. Hence, he implored the Government to amend labour laws with ILO assistance, and to fully implement the core labour standards.

The Worker member of Pakistan pointed out that Convention No. 111 was a core Convention ratified by the Government of the Islamic Republic of Iran. The Committee of Experts had repeatedly asked the Government to provide information and data in relation to the application of the Convention. The Government had indicated that it would provide such information as well as accept technical cooperation. He accordingly urged the Government to respect its international obligations.

The Government representative of the Islamic Republic of Iran observed that despite all goodwill, his country would not be able to cover the gap in employment between men and women in the next few years. The prevailing role model had been established thousands of years ago. People could not be coerced into how to run their households, and there were many obstacles to changing existing legislation. Whereas in other countries, legislation had to pass two chambers of parliament, in the Islamic Republic of Iran it had to pass three. This made the process more complicated. Also, there appeared to be some misunderstanding regarding section 1117 of the Civil Code which had, in any case, fallen into abeyance. Given that the social security issue was new before the Committee, the speaker was aware that he should have submitted the relevant information in advance in writing. The situation of women in his country was by far not so gloomy as certain people liked to describe it. In no way were they oppressed, but forward looking and enthusiastic about their future. Many discriminatory laws had been repealed and progress in that respect was continuing. Regarding the Charter of Citizenry Rights, a number of judges who had not respected it had been brought to court for its breach. The issue of the Baha’i community was rooted in history, but being addressed. The Government was looking into any discrimination occurring in the process of repelling Baha’i students. The case of a Baha’i institute whose land had been seized had been adjudicated and the land returned. Many Baha’is were running very lucrative businesses and had easy access to credit and loan. Licences for starting businesses were freely granted. The negative statistics on Baha’is were inflated. As regards the information on Baha’is imprisoned without judgement, which he had just received, he would report the issue to his Government where the matter would be brought to the judiciary.

The Worker members stated that the previous year, owing to the absence of any noticeable progress in the implementation of Convention No. 111, as well as the lack of will by the Government to provide the information requested by the Committee of Experts, it had been necessary to include a special paragraph on the case in the report of the Committee. However, considering that the discussions in 2008 had been based on a mid-term report on the measures taken within the framework of the plan for socio-economic and cultural development (2005–10), the Committee had expressed confidence in the Government and allowed it a certain leeway to intensify its efforts and meet the objectives of the plan before the 2010 deadline. However, no such effort had been seen; the Government had not demonstrated its goodwill. It was hoped that the Government would provide to the Committee of Experts at its next session information on all the issues that the Committee had raised since 2006. The Worker members requested that the case be included in a special paragraph in the report of the Committee.

The Employer members suggested that, in the conclusions, the Government be requested to provide the required information to the ILO, including the statistics that the Committee of Experts had asked for on a number of occasions, to enable it to assess the situation. The conclusions should also reflect that employers and workers should be free to establish organizations consistent with the principles of freedom of association.

Conclusions

The Committee noted the statement of the Government representative and the discussion that followed.

The Committee noted that the Committee of Experts had raised a number of issues, including the lack of any improvement in the social dialogue situation in the country; the need for information on the practical measures to implement the national plans and policies relevant to equality in employment and occupation, and the results achieved; the situation of women in vocational training and employment; discriminatory job advertisements; discriminatory laws and regulations; the situation of unrecognized religious minorities, in particular the Baha’i, and ethnic minorities; and the importance of accessible dispute resolution mechanisms. The Committee of Experts, having noted the Government’s indication that a comprehensive Bill prohibiting any form of discrimination in employment and education had been drafted, he expressed the hope that every effort would be made to adopt in the near future a comprehensive law on non-discrimination which was fully in conformity with the Convention.

The Committee took note of the Government’s statement that it would provide full information, including detailed statistics, on all the issues raised by this Committee in 2006 and 2008 and by the Committee of Experts. The Government stated that the Charter of Citizenry Rights had been a successful instrument to ensure the protection of rights including non-discrimination, and that it had been used to discipline judges who had not adequately ensured the rights of citizens. The Government also submitted information on training provided to judges on citizens’ rights and referred to a joint project with the United Nations Development Programme on human rights promotion and development of justice. The Government indicated that the judiciary had declared null and void a range of administrative orders. On the issue of quotas regarding the access of women and men to university, the Government acknowledged that such quotas existed in 39 fields of study, stating that the aim was to balance the participation of women and men. The Government also provided information on certain cases relating to the infringement of the rights of minorities and discrimination against women. Information on programmes to promote women in employment and as entrepreneurs was also provided. Regarding the Baha’i, the Government referred to one recent case ruling in favour of a Baha’i institution that had complained that its land had been unlawfully seized. The Government acknowledged that, due to the cultural and historical fabric of society meant that progress in bringing law and practice into conformity with the Convention would be slow, but expressed its commitment to continuing to move forward in that direction. The Government asked for coordination and closer cooperation among various governmental bodies and the national social partners, as well as assistance from the ILO.

The Committee regretted that there was an ongoing need to discuss this case regularly, given the absence of progress on the range of issues that had been raised over the years. It noted that during its most recent examination in June 2008, it had requested 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 the relevant legislation and practice into line with the Convention by no later than 2010, and had requested the Government to provide complete and detailed information for examination by the Committee of Experts at its November 2008 session in reply to all the pending issues. The Committee noted with concern the lack of information that had been provided to the Committee of Experts, despite this specific request, and the range of serious issues that remained outstanding.

The Committee expressed its deep concern that due to the continuing 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, while acknowledging that certain achievements had been made in the past in respect of education, vocational training and employment of women, remained concerned at the lack of evidence of any real progress made with respect to their situation in the labour market. Detailed information on the number of women actually finding employment after their education and training was still lacking, and concerns remained with respect to existing and draft legislation limiting women’s employment. The Committee also noted the need for information on the quota system in universities and how it was applied in practice, as well as information on the impact on women’s employment of the recent bill limiting working hours for women with children. The Committee noted that the outstanding issues raised by the Committee of Experts in this regard remained unanswered. The Committee expressed continuing concern about the situation of religious and ethnic minorities with regard to their equal access to employment and occupation, and the failure to provide adequate statistical information in this regard. It concluded that the Baha’i continued to be subjected to discrimination as regards access to education and employment without any significant measures being taken by the Government to bring discriminatory practices, including on the part of the authorities, to an end.

The Committee urged the Government to take immediate and urgent action to ensure the full application of the Convention, both in law and practice, and to establish genuine social dialogue in this context. The Committee urged the Government to provide full, objective and verifiable information in its report of 2009 on the application of the Convention, in reply to the issues raised by this Committee and by the Committee of Experts. It expressed the firm hope that such information would evidence that concrete progress had been made on all the matters raised.

The Committee decided to include its conclusions in a special paragraph of its report.